HomeMy WebLinkAboutM-24-725 - JobWISES MOU FY2024-25.pdf M-24-725
1 INTER-DEPARTMENTAL AGREEMENT
2 This Inter-Departmental Agreement is dated and is between the
3 County of Fresno Department of Social Services, herein referred to as "DSS" and the County of
4 Fresno Department of Child Support Services, herein referred to as "DCSS," both separate
5 departments of the COUNTY OF FRESNO.
6 Recitals
7 A. Pursuant to the California Work Opportunity and Responsibility to Kids Act, herein
8 referred to as CaIWORKs, Division 9, Part 3, Chapter 2, Section 11320 et seq., DSS is
9 mandated to provide a time-limited structural sequence of employment related activities and
10 supportive services that are designed to maximize unsubsidized employment opportunities to
11 able-bodied, non-exempt CaIWORKs public assistance applicants and recipients.
12 B. DSS has developed and submitted to the State of California, a Welfare-to-Work County
13 Plan meeting the requirements of the Welfare and Institutions Code section 10531 to deliver
14 employment and training services to public assistance recipients.
15 C. DCSS is willing and able to provide child support related consultation activities for
16 CalWORKs participants and has the personnel skilled in the provision of such services.
17 The parties therefore agree as follows:
18 Article 1
19 Contractor's Services
20 1.1 Scope of Services. DCSS shall perform all of the services provided in Exhibit A to
21 this Agreement, titled "Scope of Services," and pursuant to the staffing patterns and program
22 expenses detailed in Exhibit B, titled "Compensation."
23 1.2 Representation. DCSS represents that it is qualified, ready, willing, and able to
24 perform all of the services provided in this Agreement.
25 1.3 Compliance with Laws. DCSS shall provide all services in accordance with the
26 State of California's Social Services Manual of Policies and Procedures, Eligibility and
27 Assistance Standards, incorporated herein by this reference. The State of California's Social
28 Services Manual of Policies and Procedures, Eligibility and Assistance Standards can be
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1 viewed at https://www.cdss.ca.gov/Portals/9/Regs/easman0l.pdf.
2 1.4 Additional Services. DSS may request additional services from DCSS, in writing,
3 which are not otherwise provided for in this Inter-Departmental Agreement, which DCSS, at its
4 sole discretion, may choose to provide. If DCSS is unable to provide said additional services to
5 DSS when requested, DCSS shall immediately notify DSS. Compensation for any such
6 additional services shall be mutually agreed upon and provided within the scope of this Inter-
7 Departmental Agreement as determined by the DCSS Director, or designee, and DSS Director,
8 or designee, unless DCSS and DSS agree otherwise in writing.
9 Article 2
10 County's Responsibilities
11 2.1 The County shall meet all obligations provided in Exhibit A to this Agreement, titled
12 "Scope of Services."
13 Article 3
14 Compensation, Invoices, and Payments
15 3.1 DSS agrees to pay, and DCSS agrees to receive, compensation for the performance
16 of its services under this Agreement as described in Exhibit B to this Agreement, titled
17 "Compensation."
18 3.2 The services provided by DCSS under this Agreement are funded in whole or in part
19 by the State of California and/or the United States Federal government. In the event that funding
20 for these services is delayed by the State Controller or the Federal government, DSS may defer
21 payment to DCSS. The amount of the deferred payment shall not exceed the amount of funding
22 delayed to DSS. The period of time of the deferral by DSS shall not exceed the period of time of
23 the State Controller's or Federal government's delay of payment to DSS plus forty-five (45)
24 days.
25 3.3 Maximum Compensation. In no event shall compensation paid for services
26 performed under this Inter-Departmental Agreement be in excess of One Hundred Fifty-One
27 Thousand Seven Hundred Five and No/100 dollars ($151,705) during the term of this Inter-
28 Departmental Agreement. It is understood that all expenses incidental to DCSS performance of
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1 services under this Inter-Departmental Agreement shall be borne by DCSS, including but not
2 limited to any and all personnel, equipment, and supplies required in the performance of these
3 services.
4 3.4 Journal Voucher Reimbursement. DCSS shall request reimbursements from DSS
5 based on actual expenditures and submit monthly invoices in attention to Staff Analyst to:
6 DSSlnvoices(a-)fresnocountyca.gov. DCSS shall submit each invoice within 30 days following
7 the month in which expenses were incurred and services rendered, and in any case within 60
8 days after the end of the term or termination of this Inter-Departmental Agreement. Prior to
9 submission to DSS, the invoice shall be reviewed, approved, and signed by a DCSS
10 representative who is authorized to certify actual services were performed and reimbursement
11 requests represent actual costs. Supporting documentation shall include supporting
12 programmatic and financial documentation with information including, but not limited to, monthly
13 activity reports, a year-to-date statement and back-up documentation, a summary of charges for
14 which DCSS is seeking reimbursement, and copies of the supporting documentation for the
15 period(s) during which costs were incurred. No reimbursement for services shall be made until
16 invoices, reports and outcomes are received, reviewed, and approved by DSS.
17 (A) DSS shall pay each correctly completed and timely submitted invoice within 45
18 days after receipt. If an invoice is incorrect or otherwise not in proper form or detail, DSS
19 shall have the right to withhold payment as to only that portion of the invoices that is
20 incorrect or improper, after five (5) days prior written notice or email correspondence to
21 DCSS. Upon receipt, verification, and approval of the submitted invoice and requested
22 documentation, DSS shall process said invoice for payment to DCSS.
23 (B) Once the invoice has been approved for payment by DSS, DSS shall prepare an
24 Inter-Departmental Journal Voucher to reimburse DCSS for actual expenditures. The
25 Inter-Departmental Journal Vouchers shall be subject to County, State, and Federal
26 audits.
27 (C)All costs shall be supported by properly executed payrolls, time records, invoices,
28 vouchers, orders or other accounting documents pertaining in whole or in part to this
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1 Inter-Departmental Agreement and shall be clearly identified and readily accessible. The
2 support documentation must indicate the line item budget account to which the cost is
3 charged, if applicable.
4 3.5 Records. DCSS shall assume responsibility for maintaining detailed records to
5 support its invoices to DSS for services provided under this Inter-Departmental Agreement.
6 DCSS shall provide DSS with access to said records for audit purposes. Furthermore, DCSS
7 shall retain said records for a minimum of five (5) years following the expiration of this Inter-
8 Departmental Agreement. In the event of any outstanding State of California or Federal audits
9 or exceptions, DCSS agrees to retain its records until such audits and exceptions are finalized.
10 Article 4
11 Term of Agreement
12 4.1 Term. This Inter-Departmental Agreement is effective on July 1, 2024 and terminates
13 on June 30, 2025.
14 Article 5
15 Termination and Suspension
16 5.1 Termination for Non-Allocation of Funds. The terms of this Inter-Departmental
17 Agreement are contingent on the approval of funds by the appropriating government agency. If
18 sufficient funds are not allocated, then DSS, upon at least 30 days' advance written notice to
19 DCSS may:
20 (A) Modify the services provided by DCSS under this Inter-Departmental Agreement;
21 or
22 (B) Terminate this Agreement.
23 5.2 Termination without Cause. In circumstances other than those set forth above,
24 DSS or DCSS may terminate this Inter-Departmental Agreement by giving at least 30 days
25 advance written notice to DCSS.
26 5.3 No Penalty or Further Obligation.Any termination of this Inter-Departmental
27 Agreement by the DSS under this Article 5 is without penalty to or further obligation of DSS.
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1 Article 6
2 Medi-Cal Confidentiality
3 6.1 Conformance with Laws: All services performed by DCSS under this Inter-
4 Departmental Agreement shall be in strict conformance with all applicable Federal, State of
5 California, and/or local laws and regulations relating to confidentiality. DCSS shall require its
6 employees, agents, officers and subcontractors to comply with the provisions of Sections 10850
7 and 14100.2 of the Welfare and Institutions Code, as well as the California Department of Social
8 Services (CDSS) Manual of Policies and Procedures, Division 19-000 and the California
9 Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section
10 2H. These Code sections provide that:
11 (A) All applications and records concerning any individual made or kept by any public
12 officer or agency in connection with the administration of any provision of the Welfare
13 and Institutions Code relating to Medicaid or any form of public social services for which
14 grants-in-aid are received by the State of California from the United States government
15 shall be confidential, and shall not be open to examination for any purpose not directly
16 connected with the administration of such public social services.
17 (B) No person shall publish or disclose or permit or cause to be published or
18 disclosed any list of persons receiving public social services, except as is provided by
19 law.
20 (C) No person shall publish, disclose, or use, or permit or cause to be published,
21 disclosed, or used any confidential information pertaining to an applicant or recipient,
22 except as is provided by laws.
23 (D) DCSS shall inform all of its employees, agents, and officers of the above
24 provisions and that any person knowingly and intentionally violating such provisions is
25 guilty of a misdemeanor.
26 (E) In addition, DCSS, its employees, agents, and officers shall comply, and require
27 all of its subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and Security
28 Agreement between the California DHCS and the County of Fresno that is then in effect,
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1 and (2) the Privacy and Security Agreement between the CDSS and the County of
2 Fresno that is then in effect, both of which together shall be referred to in this section as
3 "the Agreements" and are incorporated herein by this reference. The current versions of
4 both the DHCS and CDSS Privacy and Security agreements are available upon request
5 or can be viewed at: https://www.fresnocountyca.gov/Departments/Social-Services/DSS-
6 Administration/Privacy-and-Security-Agreements. DCSS shall insure that all Personally
7 Identifiable Information (PII), as defined in the Agreements, concerning program
8 recipients shall be kept confidential and shall not be opened to examination, publicized,
9 disclosed, or used for any purpose not directly connected with the administration of the
10 program. DCSS shall use appropriate administrative, physical, and technical safeguards
11 to protect PII, as set forth in the Agreements. Upon discovery of a breach, security
12 incident, intrusion, or unauthorized access, use, or disclosure of PII, DCSS shall
13 immediately report the incident to the County by calling (559) 600-2300 or emailing the
14 privacy mailbox at dssr)rivacvincident(c�fresnocountyca.gov. DCSS shall certify that all
15 employees, agents, officers and subcontractors have received privacy and security
16 training before accessing any PH and have received refresher training annually, as
17 required by the Agreements.
18 Article 7
19 General Terms
20 7.1 Modification. Any matters of this Inter-Departmental Agreement may be modified
21 from time to time by the written consent of all the parties without, in any way, affecting the
22 remainder.
23 (A) Changes to line items in the Exhibit B, Compensation, in an amount not to
24 exceed 10% of the maximum annual compensation payable to DCSS may be made with
25 the written approval of the DSS Director or their designee. Said modifications shall not
26 result in any changes to the maximum compensation amount payable to DCSS, as
27 stated in this Inter-Departmental Agreement.
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1 (B) DCSS agrees that reductions to the maximum compensation set forth under
2 Article 3 of this Inter-Departmental Agreement may be necessitated by a reduction in
3 funding from State or Federal sources. Any such reduction to the maximum
4 compensation may be made with the written approval of the DSS Director or their
5 designee and DCSS. DCSS further understands that this Inter-Departmental Agreement
6 is subject to any restriction, limitations, or enactments of all legislative bodies which
7 affect the provisions, term, or funding of this Inter-Departmental Agreement in any
8 manner. If the parties do not provide written approval for modifications due to reduced
9 funding, this Inter-Departmental Agreement may be terminated in accordance with
10 Section 5.1 above.
11 7.2 Non-Assignment. Neither party shall assign, transfer, or subcontract this Inter-
12 Departmental Agreement nor their rights or duties under this Inter-Departmental Agreement
13 without prior written consent of the other party.
14 7.3 Days. Unless otherwise specified, "days" means calendar days.
15 7.4 Headings. The headings and section titles in this Agreement are for convenience
16 only and are not part of this Agreement.
17 7.5 Nondiscrimination. During the performance of this Inter-Departmental Agreement,
18 DCSS shall not unlawfully discriminate against any employee or applicant for employment, or
19 recipient of services, because of race, religious creed, color, national origin, ancestry, physical
20 disability, mental disability, medical condition, genetic information, marital status, sex, gender,
21 gender identity, gender expression, age, sexual orientation, military status or veteran status
22 pursuant to all applicable State of California and federal statutes and regulations.
23 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
24 $100,000 or more, DCSS certifies that it complies with Public Contract Code Section
25 10295.3.
26 (B) Americans with Disabilities Act. DCSS shall comply with the Americans with
27 Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as
28 well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C.
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1 12101 et seq.).
2 (C) DCSS shall include the non-discrimination and compliance provisions of this
3 section in all subcontracts to perform work under this Inter-Departmental Agreement.
4 7.6 Limited English Proficiency. DCSS shall provide interpreting and translation
5 services to persons participating in DCSS's services who have limited or no English language
6 proficiency, including services to persons who are deaf or blind. Interpreter and translation
7 services shall be provided as necessary to allow such participants meaningful access to the
8 programs, services and benefits provided by DCSS. Interpreter and translation services,
9 including translation of DCSS's"vital documents" (those documents that contain information that
10 is critical for accessing DCSS's services or are required by law) shall be provided to participants
11 at no cost to the participant. DCSS shall ensure that any employees, agents, subcontractors, or
12 partners who interpret or translate for a program participant, or who directly communicate with a
13 program participant in a language other than English, demonstrate proficiency in the
14 participant's language and can effectively communicate any specialized terms and concepts
15 peculiar to DCSS's services.
16 7.7 Relationship of Parties. It is understood that this is an Inter-Departmental
17 Agreement by and between two (2) separate departments of the County of Fresno and is not
18 intended to and shall not be construed to create a relationship of agent, servant, employee,
19 partnership,joint venture, or association.
20 7.8 Entire Agreement. This Inter-Departmental Agreement, including its exhibits, is the
21 entire agreement between DCSS and DSS with respect to the subject matter of this Inter-
22 Departmental Agreement, and it supersedes all previous negotiations, proposals, commitments,
23 writings, advertisements, publications, and understandings of any nature unless those things
24 are expressly included in this Inter-Departmental Agreement. If there is any inconsistency
25 between the terms of this Inter-Departmental Agreement without its exhibits and the terms of the
26 exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this
27 Inter-Departmental Agreement without its exhibits, and then to the terms of the exhibits.
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1 7.9 No Third-Party Beneficiaries. This Inter-Departmental Agreement does not and is
2 not intended to create any rights or obligations for any person or entity except for the parties.
3 7.10 Electronic Signatures. The parties agree that this Inter-Departmental Agreement
4 may be executed by electronic signature as provided in this section.
5 (A) An "electronic signature" means any symbol or process intended by an individual
6 signing this Agreement to represent their signature, including but not limited to (1) a
7 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
8 electronically scanned and transmitted (for example by PDF document) version of an
9 original handwritten signature.
10 (B) Each electronic signature affixed or attached to this Agreement(1) is deemed
11 equivalent to a valid original handwritten signature of the person signing this Inter-
12 Departmental Agreement for all purposes, including but not limited to evidentiary proof in
13 any administrative or judicial proceeding, and (2) has the same force and effect as the
14 valid original handwritten signature of that person.
15 (C)The provisions of this section satisfy the requirements of Civil Code section
16 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
17 Part 2, Title 2.5, beginning with section 1633.1).
18 (D) Each party using a digital signature represents that it has undertaken and
19 satisfied the requirements of Government Code section 16.5, subdivision (a),
20 paragraphs (1) through (5), and agrees that each other party may rely upon that
21 representation.
22 This Inter-Departmental Agreement is not conditioned upon the parties conducting the
23 transactions under it by electronic means and either party may sign this Agreement with an
24 original handwritten signature.
25 7.11 Counterparts. This Inter-Departmental Agreement may be signed in counterparts,
26 each of which is an original, and all of which together constitute this Inter-Departmental
27 Agreement.
28 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Inter-Departmental Agreement on the date stated in the
2 introductory clause.
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County of Fresno County of Fresno
4 DEPARTMENT OF SOCIAL SERVICES DEPARTMENT OF CHILD SUPPORT
SERVICES
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7 Sanja Bu ay, Director Kari Gi t, Direc r
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For accounting use only:
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Org No.: 56107001
21 Account No.: 7870
Fund No.: 0001
22 Subclass No.: 10000
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Exhibit A
Scope of Services
ORGANIZATION: Fresno County Department of Child Support Services
ADDRESS: 2200 Tulare Street Suite 310P, Fresno, CA 93721
SERVICES: JobWISE Job Ready Services
CONTRACT PERIOD: July 1, 2024—June 30, 2025
SUMMARY OF SERVICES:
The Job Work Inspires Self-Empowerment (JobWISE) Job Ready program is a collaborative
effort between the County of Fresno Departments of Social Services (DSS), Department of Child
Support Services (DCSS), other government agencies, and community-based organizations to
provide comprehensive employment services including assistance with licensing, legal, and
financial issues.
As part of the JobWISE program's screening process, participants will undergo a criminal and
legal background check. In an effort to reduce participant barriers, DCSS will assist with resolving
child support issues, including driver and professional license holds, as well as legal issues
concerning child support and child support orders.
TARGET POPULATION:
Services will be restricted to all post-assessed CalWORKs recipients who do not have active
felonies and/or no-bail misdemeanor warrants,as referred by DSS.
I. DCSS AGREES TO PROVIDE THE FOLLOWING SERVICES:
A. Provide one (1 FTE) Child Support Specialist II to support the JobWISE Program. DCSS
will notify the DSS contract analyst if there is a change in personnel of the assigned Child
Support Specialist or a vacancy. Please note that DSS will not provide reimbursement for
a vacant position. In the case of a leave of absence of the assigned Child Support
Specialist, DCSS will assign a temporary Child Support Specialist to the JobWISE
program to provide all services outlined in this Inter-Departmental Agreement.
B. DCSS will interview all enrolled JobWISE participants with open child support cases who
have signed a Release of Information. This will consist of at minimum 4 contact attempts.
For participants attending in person that cannot be reached, DCSS will attempt to contact
them at least once in person at the America Works JobWISE site. DCSS shall maintain
written documentation of all contact attempts.
C. Present information regarding DCSS services during the first two weeks of each JobWISE
workshop,totaling twenty-four(24) sessions for the Fiscal Year.
D. It is expected DCSS will provide services in-office at the America Works JobWISE site for
the first week of each track, which occurs every 2 weeks, and for any other additional
days as needed and mutually agreed upon by DCSS and DSS.
E. Contact out-of-county jurisdictions for child support order information.
F. Review billing calculations and child support owed.
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Exhibit A
G. DCSS will refer all enrolled JobWISE participants who are eligible to the Debt Reduction
Program.
H. Per DCSS discretion, all participants with suspended licenses, due to overdue child
support, who are interviewed and cooperate with DCSS will receive a conditional license
release for the duration of their enrollment. Participants who are unresponsive, refuse to
cooperate, or drop out are not eligible for a release. If the participant successfully
completes the JobWISE program, as defined by graduation or exiting for employment, a
temporary release is granted for 90 days from the day of completion. Participants who are
referred out to another service or program may continue having a temporary release.
I. Assist in developing a plan of action for future child support payment and repayment with
enrolled JobWISE participants.
J. Participate with JobWISE County partners in two program meetings, scheduled in
advance, for each workshop track as part of a multidisciplinary team. The purpose is to
develop a consolidated and efficient system to share and provide needed services for
each enrolled JobWISE participant.
K. Meet jointly with DSS staff, JobWISE staff, and JobWISE County partners as often as
needed to exchange pertinent information, resolve problems, and work together to
effectively coordinate services.
L. Provide all requested JobWISE information in a timely and accurate manner (Invoices,
Activity Reports, and other information) as required by DSS.
M. Provide annual Civil Rights (CR) training to DCSS staff during the first quarter of every
calendar year. DCSS will acknowledge completion of this training by signing and returning
the provided CR training packet to DSS by April 1 for each contract year.
N. Provide annual Privacy and Security(PS) training to DCSS staff during the first quarter of
every calendar year. DCSS will acknowledge completion of this training by signing and
returning the provided Privacy and Security training packet to DSS by April 1 for each
contract year.
11. DSS SHALL BE RESPONSIBLE FOR THE FOLLOWING:
A. DSS will provide the required CR and PS training materials to the DCSS for completion
during the first quarter of every year.
B. DSS Job Specialists shall be responsible for referring appropriate participants to the
JobWISE program, and subsequently, DCSS for services.
C. DSS staff shall ensure that DCSS is provided with all relevant information on each referred
participant.
D. DSS staff shall meet with DCSS, JobWISE staff, and JobWISE County partners as often
as needed to exchange pertinent information, resolve problems, and coordinate services.
E. Make final decisions regarding a client's eligibility for the JobWISE program, including
termination of services. This includes newly enrolled participants and those being re-
enrolled.
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Exhibit A
III. Required Outcomes
A. At least 25%of all enrolled JobWISE participants who owe outstanding child support and
are interviewed and cooperate with DCSS will receive a temporary license release at
completion of the program.
B. At least 50%of all enrolled JobWISE participants with an open child support case who are
interviewed and eligible will have a modification review initiated for appropriate payable
child support orders.
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Exhibit B
Compensation
Fresno County Department of Child Support Services
JobWISE Program Services
BUDGET SUMMARY FOR FY 24-25
Account Description Costs
6100 Child Support Specialist II 1.0 FTE $68,701
6350 Unemployment Insurance $47
6400 Retirement Contribution $40,437
6500 OASDI Contribution $5,255
6550 Workers Compensation Contribution $290
6600 Health Insurance $22,878
6670 Benefit Administration $306
Subtotal $137,914
Indirect Cost(10% of S & B Budgeted) $13,791
Total Costs $151,705
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