HomeMy WebLinkAboutM-24-727 - PD JobWISE MOU FY 24-25.pdf M-24-727
1 INTER-DEPARTMENTAL AGREEMENT
2 This Inter-Departmental Agreement is dated � ' k ' Z'O?-5' and is between the
3 County of Fresno Department of Social Services, herein referred to as "DSS" and the County of
4 Fresno Public Defender, herein referred to as "PD," 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. PD is willing and able to provide legal advice and consultation activities 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 Contractor's Services
20 1.1 Scope of Services. PD 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. PD 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. PD 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 Mips://w\j\fw.cdss.ca.gov/Portals/9/Regs/easman0l.pci .
2 1 A Additional Services. DSS may request additional services from PD, in writing,
3 which are not otherwise provided for in this Inter-Departmental Agreement, which PD, at its sole
4 discretion, may choose to provide. If PD is unable to provide said additional services to DSS
5 when requested, PD 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 PD Director, or designee, and DSS Director, or designee,
8 unless PD 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 PD 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 PD 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 PD. 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 Four Hundred Seventeen
27 Thousand Five Hundred Forty-Five and No/100 dollars ($417,545) during the term of this Inter-
28 Departmental Agreement. It is understood that all expenses incidental to PD performance of
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1 services under this Inter-Departmental Agreement shall be borne by PD, 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. PD shall request reimbursements from DSS
5 based on actual expenditures and submit monthly invoices in attention to Staff Analyst to:
6 DSSlnvoices chi fresiIocountyca.gov. PD shall submit each invoice within 30 days following the
7 month in which expenses were incurred and services rendered, and in any case within 60 days
8 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 PD representative
10 who is authorized to certify actual services were performed and reimbursement requests
11 represent actual costs. Supporting documentation shall include supporting programmatic and
12 financial documentation with information including, but not limited to, monthly activity reports, a
13 year-to-date statement and back-up documentation, a summary of charges for which PD is
14 seeking reimbursement, and copies of the supporting documentation for the period(s) during
15 which costs were incurred. No reimbursement for services shall be made until invoices, reports
16 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 PD. Upon receipt, verification, and approval of the submitted invoice and requested
22 documentation, DSS shall process said invoice for payment to PD.
23 (B) Once the invoice has been approved for payment by DSS, DSS shall prepare an
24 Inter-Departmental Journal Voucher to reimburse PD for actual expenditures. The Inter-
25 Departmental Journal Vouchers shall be subject to County, State, and Federal audits.
26 (C)All costs shall be supported by properly executed payrolls, time records, invoices,
27 vouchers, orders or other accounting documents pertaining in whole or in part to this
28 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. PD shall assume responsibility for maintaining detailed records to support
4 its invoices to DSS for services provided under this Inter-Departmental Agreement. PD shall
5 provide DSS with access to said records for audit purposes. Furthermore, PD 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 PD 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 PD
18 may:
19 (A) Modify the services provided by PD 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 PD may terminate this Inter-Departmental Agreement by giving at least 30 days
23 advance written notice to PD.
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 PD 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. PD 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) PD 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, PD, 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: littps://www.fresnocountVca.gov/Departments/Social-Services/DSS-
6 Administration/Privacy-and-Security-Agreements. PD 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. PD 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, PD shall immediately report
13 the incident to the County by calling (559) 600-2300 or emailing the privacy mailbox at
14 dssprivacyincident@,fresnocountyca.gov. PD shall certify that all employees, agents,
15 officers and subcontractors have received privacy and security training before accessing
16 any PII 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 PD 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 PD, as stated in
26 this Inter-Departmental Agreement.
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1 (B) PD 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 PD. PD
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 PD 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, PD certifies that it complies with Public Contract Code Section
24 10295.3.
25 (B) Americans with Disabilities Act. PD 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) PD 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. PD shall provide interpreting and translation services
4 to persons participating in PD'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 PD. Interpreter and translation services, including translation of PD's
8 "vital documents" (those documents that contain information that is critical for accessing PD's
9 services or are required by law) shall be provided to participants at no cost to the participant. PD
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 PD'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 PD 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 PUBLIC_DJEFENDER
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7 Sanja BOgay,!Director n in c, Public Defender
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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: County of Fresno Public Defender
ADDRESS: 2135 Fresno Street Suite 100, 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), Public Defender(PD),
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, legal
and licensing check. In an effort to reduce participant barriers, PD consults with JobWISE clients
about court cases, assists with placing cases on the court calendar, assists with plea
modifications, and performs background checks.
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. PD AGREES TO PROVIDE THE FOLLOWING SERVICES:
A. Provide one (1 FTE) Defense Attorney IV, one (0.5 FTE) Paralegal, and one (0.5 FTE)
Senior Legal Assistant to assist with the JobWISE program. PD shall contact the DSS
contract analyst in the event that there is a change in personnel, of the assigned PD staff,
or a vacancy. Please note that DSS will not provide reimbursement for vacant positions. In
the case of a leave of absence of the assigned PD staff, PD will assign temporary PD staff
to the JobWISE program to provide all services outlined in this Inter-Departmental
Agreement.
B. Accept all appropriate JobWISE participant referrals made by DSS staff.
C. Present information regarding PD services during the first two weeks of each JobWISE
workshop, totaling twenty-four(24) sessions for the Fiscal Year.
D. Perform background checks on all enrolled JobWISE participants listed on the roster
provided by DSS Staff.
E. Interview all enrolled JobWISE participants. This will consist of at minimum 4 contact
attempts. For participants attending in person that cannot be reached, PD will attempt to
contact them at least once in person at the America Works JobWISE site. PD shall
maintain all records of contact attempts.
F. Interview enrolled JobWISE participants about court cases and provide consultations and
advice regarding each case. These services will be provided at various locations
throughout Fresno County as designated by DSS.
1
Exhibit A
G. Prepare files for each enrolled JobWISE participant to include all eligible cases for each
participant that will be represented in JobWISE Court.
H. If applicable, provide assistance with filing a Petition or Application for Prop 47 and Prop
64 relief for enrolled JobWISE participants deemed eligible, pursuant to statute.
I. Provide ongoing personal consultations and represent enrolled JobWISE participants on
suitable cases for JobWISE and/or Expungement Court. This includes advocating for
participants on legal matters as the case progresses until its conclusion.
J. Prepare cases for plea modifications on behalf of the JobWISE clients.
K. Provide services in-office at the 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
PD and DSS.
L. PD will provide legal assistance pertaining to expungement services and petitioning for
reduced penalties to all eligible enrolled JobWISE participants. Eligible participants are
those who do not have any active felonies and/or no-bail misdemeanor warrants. This will
include assistance with paperwork, process service, and court filing assistance.
M. 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.
N. Meet with DSS staff, JobWISE staff, and JobWISE County partners as often as needed to
exchange information, resolve problems, and coordinate services.
O. Provide all requested JobWISE information in a timely and accurate manner(Invoices,
Activity Reports, and other information) as required by DSS.
P. Provide annual Civil Rights (CR) training to PD staff during the first quarter of every
calendar year. PD will acknowledge completion of this training by signing and returning the
provided CR training packet to DSS by April 1 for each contract year.
Q. Provide annual Privacy and Security (PS)training to PD staff during the first quarter of
every calendar year. PD 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.
II. DSS SHALL BE RESPONSIBLE FOR THE FOLLOWING:
A. DSS will provide the required CR and PS training materials to the PD 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, PD for services.
C. DSS staff shall provide rosters of JobWISE participants to PD.
D. DSS staff shall ensure that PD is provided with all relevant information on each referred
participant.
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Exhibit A
E. DSS staff shall meet with PD, JobWISE staff, and JobWISE County partners as often as
needed to exchange pertinent information, resolve problems, and coordinate services.
F. DSS will 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.
I. Required Outcomes
A. At least 85% of enrolled JobWISE participants who have traffic violations will receive legal
assistance with the resolution of their traffic violations.
B. At least 80% of enrolled and qualifying JobWISE participants will receive legal assistance
with petitioning for reduced penalties or expungement services, contingent on cooperation
with PD outreach efforts.
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Exhibit B
Compensation
Fresno County Public Defender
JobWISE Program
BUDGET SUMMARY FOR FY 24-25
JCN DESCRIPTION FTE SALARY BENEFITS TOAL
SALARIES &
BENEFITS
1243 Defense Attorney IV 1.0 $141,812 $87,875 $229,687
1262 Senior Legal Assistant 0.5 $26,961 $23,534 $50,495
1204 Paralegal 0.5 $31,251 $25,841 $57,092
Subtotal salaries & benefits $337,274
Indirect Cost(23.80% of S & B Budgeted) $80,271
Total Costs $417,545
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