HomeMy WebLinkAboutM-24-726 - Inter-Dept Agreement Jobwise.pdf M-24-726
1 INTER-DEPARTMENTAL AGREEMENT
2 This Inter-Departmental Agreement is dated July 1, 2024 and is between the
3 County of Fresno Department of Social Services, herein referred to as "DSS" and the County of
4 Fresno District Attorney, herein referred to as "DA," both separate departments of the COUNTY
5 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. DA is willing and able to provide assistance with current legal issues for CaIWORKs
16 participants and has the personnel skilled in the provision of such services.
17 The parties therefore agree as follows:
18 Article 1
19 Services
20 1.1 Scope of Services. DA shall perform all of the services provided in Exhibit A to this
21 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. DA represents that it is qualified, ready, willing, and able to perform
24 all of the services provided in this Agreement.
25 1.3 Compliance with Laws. DA shall provide all services in accordance with the State
26 of California's Social Services Manual of Policies and Procedures, Eligibility and Assistance
27 Standards, incorporated herein by this reference. The State of California's Social Services
28 Manual of Policies and Procedures, Eligibility and Assistance Standards can be viewed at
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1 https://www.cdss.ca.gov/Portals/9/Regs/easman0l.pdf.
2 1.4 Additional Services. DSS may request additional services from DA, in writing,
3 which are not otherwise provided for in this Inter-Departmental Agreement, which DA, at its sole
4 discretion, may choose to provide. If DA is unable to provide said additional services to DSS
5 when requested, DA shall immediately notify DSS. Compensation for any such additional
6 services shall be mutually agreed upon and provided within the scope of this Inter-Departmental
7 Agreement as determined by the DA, or designee, and DSS Director, or designee, unless DA
8 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 DA agrees to receive, compensation for the performance of
16 its services under this Agreement as described in Exhibit B to this Agreement, titled
17 "Compensation."
18 3.2 The services provided by DA under this Agreement are funded in whole or in part by
19 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 DA. 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-Six
27 Thousand Twelve and No/100 dollars ($156,012) during the term of this Inter-Departmental
28 Agreement. It is understood that all expenses incidental to DA performance of services under
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1 this Inter-Departmental Agreement shall be borne by DA, including but not limited to any and all
2 personnel, equipment, and supplies required in the performance of these services.
3 3.4 Journal Voucher Reimbursement. DA shall request reimbursements from DSS
4 based on actual expenditures and submit monthly invoices in attention to Staff Analyst to:
5 DSSlnvoices(a)fresnocountyca.gov. DA shall submit each invoice within 30 days following the
6 month in which expenses were incurred and services rendered, and in any case within 60 days
7 after the end of the term or termination of this Inter-Departmental Agreement. Prior to
8 submission to DSS, the invoice shall be reviewed, approved, and signed by a DA representative
9 who is authorized to certify actual services were performed and reimbursement requests
10 represent actual costs. Supporting documentation shall include supporting programmatic and
11 financial documentation with information including, but not limited to, monthly activity reports, a
12 year-to-date statement and back-up documentation, a summary of charges for which DA is
13 seeking reimbursement, and copies of the supporting documentation for the period(s) during
14 which costs were incurred. No reimbursement for services shall be made until invoices, reports
15 and outcomes are received, reviewed, and approved by DSS.
16 (A) DSS shall pay each correctly completed and timely submitted invoice within 45
17 days after receipt. If an invoice is incorrect or otherwise not in proper form or detail, DSS
18 shall have the right to withhold payment as to only that portion of the invoices that is
19 incorrect or improper, after five (5) days prior written notice or email correspondence to
20 DA. Upon receipt, verification, and approval of the submitted invoice and requested
21 documentation, DSS shall process said invoice for payment to DA.
22 (B) Once the invoice has been approved for payment by DSS, DSS shall prepare an
23 Inter-Departmental Journal Voucher to reimburse DA for actual expenditures. The Inter-
24 Departmental Journal Vouchers shall be subject to County, State, and Federal audits.
25 (C)All costs shall be supported by properly executed payrolls, time records, invoices,
26 vouchers, orders or other accounting documents pertaining in whole or in part to this
27 Inter-Departmental Agreement and shall be clearly identified and readily accessible. The
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1 support documentation must indicate the line item budget account to which the cost is
2 charged, if applicable.
3 3.5 Records. DA shall assume responsibility for maintaining detailed records to support
4 its invoices to DSS for services provided under this Inter-Departmental Agreement. DA shall
5 provide DSS with access to said records for audit purposes. Furthermore, DA shall retain said
6 records for a minimum of five (5) years following the expiration of this Inter-Departmental
7 Agreement. In the event of any outstanding State of California or Federal audits or exceptions.
8 DA agrees to retain its records until such audits and exceptions are finalized.
9 Article 4
10 Term of Agreement
11 4.1 Term. This Inter-Departmental Agreement is effective on July 1, 2024 and terminates
12 on June 30, 2025.
13 Article 5
14 Termination and Suspension
15 5.1 Termination for Non-Allocation of Funds. The terms of this Inter-Departmental
16 Agreement are contingent on the approval of funds by the appropriating government agency. If
17 sufficient funds are not allocated, then DSS, upon at least 30 days' advance written notice to DA
18 may:
19 (A) Modify the services provided by DA under this Inter-Departmental Agreement; or
20 (B) Terminate this Agreement.
21 5.2 Termination without Cause. In circumstances other than those set forth above,
22 DSS or DA may terminate this Inter-Departmental Agreement by giving at least 30 days
23 advance written notice to DA.
24 5.3 No Penalty or Further Obligation. Any termination of this Inter-Departmental
25 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 DA 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. DA 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) DA shall inform all of its employees, agents, and officers of the above provisions
24 and that any person knowingly and intentionally violating such provisions is guilty of a
25 misdemeanor.
26 (E) In addition, DA, its employees, agents, and officers shall comply, and require all
27 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 qov/Departments/Social-Services/DSS-
6 Administration/Privacy-and-Security-Agreemen: . DA 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. DA shall use appropriate administrative, physical, and technical safeguards to
11 protect PII, as set forth in the Agreements. Upon discovery of a breach, security incident.
12 intrusion, or unauthorized access, use, or disclosure of PII, DA shall immediately report
13 the incident to the County by calling (559) 600-2300 or emailing the privacy mailbox at
14 dssprivacyincident(a�fresnocountvca.gov. DA shall certify that all employees, agents,
15 officers and subcontractors have received privacy and security training before accessing
16 any PH and have received refresher training annually, as required by the Agreements.
17 Article 7
18 General Terms
19 7.1 Modification. Any matters of this Inter-Departmental Agreement may be modified
20 from time to time by the written consent of all the parties without, in any way, affecting the
21 remainder.
22 (A) Changes to line items in the Exhibit B, Compensation, in an amount not to
23 exceed 10% of the maximum annual compensation payable to DA may be made with
24 the written approval of the DSS Director or their designee. Said modifications shall not
25 result in any changes to the maximum compensation amount payable to DA, as stated in
26 this Inter-Departmental Agreement.
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1 (B) DA agrees that reductions to the maximum compensation set forth under Article
2 3 of this Inter-Departmental Agreement may be necessitated by a reduction in funding
3 from State or Federal sources. Any such reduction to the maximum compensation may
4 be made with the written approval of the DSS Director or their designee and DA. DA
5 further understands that this Inter-Departmental Agreement is subject to any restriction,
6 limitations, or enactments of all legislative bodies which affect the provisions, term, or
7 funding of this Inter-Departmental Agreement in any manner. If the parties do not
8 provide written approval for modifications due to reduced funding, this Inter-
9 Departmental Agreement may be terminated in accordance with Section 5.1 above.
10 7.2 Non-Assignment. Neither party shall assign, transfer, or subcontract this Inter-
11 Departmental Agreement nor their rights or duties under this Inter-Departmental Agreement
12 without prior written consent of the other party.
13 7.3 Days. Unless otherwise specified, "days" means calendar days.
14 7.4 Headings. The headings and section titles in this Agreement are for convenience
15 only and are not part of this Agreement.
16 7.5 Nondiscrimination. During the performance of this Inter-Departmental Agreement,
17 DA shall not unlawfully discriminate against any employee or applicant for employment, or
18 recipient of services, because of race, religious creed, color, national origin, ancestry, physical
19 disability, mental disability, medical condition, genetic information, marital status, sex, gender,
20 gender identity, gender expression, age, sexual orientation, military status or veteran status
21 pursuant to all applicable State of California and federal statutes and regulations.
22 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
23 $100,000 or more, DA certifies that it complies with Public Contract Code Section
24 10295.3.
25 (B) Americans with Disabilities Act. DA shall comply with the Americans with
26 Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as
27 well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C.
28 12101 et seq.).
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1 (C) DA shall include the non-discrimination and compliance provisions of this section
2 in all subcontracts to perform work under this Inter-Departmental Agreement.
3 7.6 Limited English Proficiency. DA shall provide interpreting and translation services
4 to persons participating in DA's services who have limited or no English language proficiency,
5 including services to persons who are deaf or blind. Interpreter and translation services shall be
6 provided as necessary to allow such participants meaningful access to the programs, services
7 and benefits provided by DA. Interpreter and translation services, including translation of DA's
8 "vital documents" (those documents that contain information that is critical for accessing DA's
9 services or are required by law) shall be provided to participants at no cost to the participant. DA
10 shall ensure that any employees, agents, subcontractors, or partners who interpret or translate
11 for a program participant, or who directly communicate with a program participant in a language
12 other than English, demonstrate proficiency in the participant's language and can effectively
13 communicate any specialized terms and concepts peculiar to DA's services.
14 7.7 Relationship of Parties. It is understood that this is an Inter-Departmental
15 Agreement by and between two (2) separate departments of the County of Fresno and is not
16 intended to and shall not be construed to create a relationship of agent, servant, employee,
17 partnership, joint venture, or association.
18 7.8 Entire Agreement. This Inter-Departmental Agreement, including its exhibits, is the
19 entire agreement between DA and DSS with respect to the subject matter of this Inter-
20 Departmental Agreement, and it supersedes all previous negotiations, proposals, commitments,
21 writings, advertisements, publications, and understandings of any nature unless those things
22 are expressly included in this Inter-Departmental Agreement. If there is any inconsistency
23 between the terms of this Inter-Departmental Agreement without its exhibits and the terms of the
24 exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this
25 Inter-Departmental Agreement without its exhibits, and then to the terms of the exhibits.
26 7.9 No Third-Party Beneficiaries. This Inter-Departmental Agreement does not and is
27 not intended to create any rights or obligations for any person or entity except for the parties.
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1 7.10 Electronic Signatures. The parties agree that this Inter-Departmental Agreement
2 may be executed by electronic signature as provided in this section.
3 (A) An "electronic signature" means any symbol or process intended by an individual
4 signing this Agreement to represent their signature, including but not limited to (1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this Inter-
10 Departmental Agreement for all purposes, including but not limited to evidentiary proof in
11 any administrative or judicial proceeding, and (2) has the same force and effect as the
12 valid original handwritten signature of that person.
13 (C) The provisions of this section satisfy the requirements of Civil Code section
14 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
15 Part 2, Title 2.5, beginning with section 1633.1).
16 (D) Each party using a digital signature represents that it has undertaken and
17 satisfied the requirements of Government Code section 16.5, subdivision (a),
18 paragraphs (1) through (5), and agrees that each other party may rely upon that
19 representation.
20 (E) This Inter-Departmental Agreement is not conditioned upon the parties
21 conducting the transactions under it by electronic means and either party may sign this
22 Agreement with an original handwritten signature.
23 7.11 Counterparts. This Inter-Departmental Agreement may be signed in counterparts,
24 each of which is an original, and all of which together constitute this Inter-Departmental
25 Agreement.
26 [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 DISTRICT ATTORNEY
5 ,/ I ---
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7 Sanf a Bugay, 'Director Li a tca istrict Att ey
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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 District Attorney
ADDRESS: 2200 Tulare Street Suite 1000, Fresno, CA 93621
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 Department of Social Services(DSS), District Attorney (DA),
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, participants will undergo a criminal and legal background check,
as well as a driving record screening process. In an effort to reduce participant barriers, DA will
assist with resolving legal holds on client drivers' licenses and will develop strategies in
partnership with the County of Fresno Public Defender(PD) to resolve legal barriers.
TARGET POPULATION:
Services will be restricted to all post-assessed CaIWORKs recipients who do not have active
felonies and/or no-bail misdemeanor warrants, as referred by DSS.
I. DA AGREES TO PROVIDE THE FOLLOWING SERVICES:
A. Provide one (0.5 FTE) Deputy District Attorney IV to support the JobWISE Program. The
District Attorney's Office will notify the DSS contract analyst if there is a change in
personnel of the assigned Deputy District Attorney 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 Deputy District Attorney, DA will assign a temporary Deputy District
Attorney to the JobWISE program to provide all services outlined in this Inter-
Departmental Agreement.
B. Accept referrals for the JobWISE program from only DSS.
C. Present information regarding DA's services during the first two weeks of each JobWISE
workshop, totaling twenty-four(24) sessions per Fiscal Year.
D. Assist the PD by helping to complete legal and background checks for all enrolled
JobWISE participants, and by placing cases on the JobWISE Traffic Court calendar.
E. Work with the PD to resolve driver's license holds and current legal issues for enrolled
JobWISE participants.
F. Research and review case records in conjunction with the PD to develop a plan that will
resolve enrolled JobWISE participants' current legal issues.
G. Communicate with the PD on all resolution strategies.
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Exhibit A
H. Attend all JobWISE client court dates.
I. DA will perform background checks on all enrolled JobWISE participants to inform
JobWISE Traffic Court cases and develop strategies in partnership with the PD to resolve
legal barriers.
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. Comply with annual Civil Rights (CR) and Privacy and Security (PS) trainings. DA will
acknowledge completion of these trainings by signing and returning the provided training
packets to DSS by April 1 for each contract year.
II. DSS SHALL BE RESPONSIBLE FOR THE FOLLOWING:
A. DSS will provide the required CR and PS training materials to the DA 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, DA for services.
C. DSS staff shall ensure that DA is provided with all relevant information on each referred
participant.
D. DSS staff shall meet with DA, 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.
III. Required Outcomes
A. At the PD's recommendation in JobWISE Traffic Court, DA will agree to a reduction in
penalties of at least 50% of enrolled JobWISE participants who have traffic violations.
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Exhibit B
Compensation
Fresno County District Attorney
JobWISE Program
BUDGET SUMMARY FOR FY 24-25
Account Description Amount
6100 Deputy District Attorney IV 0.5 FTE $84,156
6350 Unemployment Insurance $30
6400 Retirement Contribution $49,535
6500 OASDI Contribution $6,438
6550 Workers Comp Contribution $1,435
6600 Health Insurance $5,804
6670 Benefit Administration $198
Subtotal $147,596
Indirect Cost(10% of Salaries) $8,416
Total Costs $156,012
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