HomeMy WebLinkAboutAgreement A-25-156 Amendment No. 1 to Agreement with BLPC.pdf Agreement No. 25-156
1 AMENDMENT NO. 1 TO AGREEMENT
2 THIS AMENDMENT, hereinafter referred to as Amendment No. 1, is made and entered into this
3 22nd day of April , 2025, by and between the COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, hereinafter referred to as "County," and Brain Learning
5 Psychological Corporation, a California corporation, whose address is 8414 Lemon Ave, STE B, La
6 Mesa, CA, 91941, hereinafter referred to as "Contractor."
7 RECITALS:
8 A. The parties entered into that certain Agreement, identified as County Agreement No. A-23-
9 048, effective January 24, 2023, for CaIWORKs Welfare-to-Work (WTW) Specialized
10 Assessments for County's Departments of Social Services (DSS); and
11 B. County has identified a need to increase the maximum compensation under the Agreement
12 to continue providing uninterrupted assessment services to WTW participants in accordance
13 with California Department of Social Services Manual of Policy and Procedures Section 42-
14 711; and
15 C. The parties desire to amend the Agreement regarding changes as stated below and restate
16 the Agreement in its entirety.
17 The parties therefore agree as follows:
18 1. That the existing County Agreement No. A-23-048, Page Two (2), Section Two (2)
19 beginning with Line Two (2), with the word "The" and ending on Page Two (2), Line Five (5) with the
20 word "period" be deleted and the following inserted in its place:
21 "The term of this Agreement shall commence on January 24th, 2023, through and including June
22 30th, 2026. This Agreement may be extended for one (1) additional consecutive twelve (12) month
23 period upon written approval of both parties no later than thirty (30) days prior to the first day of the
24 next twelve (12) month extension period"
25 2. That the existing County Agreement No. A-23-048, Page Three (3), Section Four (4)
26 beginning with Line Six (6), with the word "For" and ending on Page Three (3), Line Twenty-Two (22)
27 with the word "days" be deleted and the following inserted in its place:
28
-1-
1 "For actual services provided pursuant to the terms of this Agreement, County agrees to pay
2 Contractor and Contractor agrees to receive compensation in accordance with revised Exhibit B,
3 Budget Summary. In no event shall compensation paid for services performed under this Agreement
4 be in excess of Two Million, Thirty-Three Thousand, Sixty-Three and 0/100 Dollars ($2,033,063)for the
5 period of January 24, 2023 through June 30, 2027.
6 It is understood that all expenses incidental to Contractor's performance of services under this
7 Agreement shall be borne by Contractor. If Contractor should fail to comply with any provision of the
8 Agreement, County shall be relieved of its obligation for further compensation. Any compensation
9 which is not expended by Contractor pursuant to the terms and conditions of this Agreement shall
10 automatically revert to County.
11 The services provided by the Contractor under this Agreement are funded in whole or in part by
12 the State of California and the United States Federal government. In the event that funding for these
13 services is delayed by the State Controller or the Federal government, County may defer payment to
14 Contractor. The amount of the deferred payment shall not exceed the amount of funding delayed to the
15 County. The period of time of the deferral by County shall not exceed the period of time of the State
16 Controller's or Federal government's delay of payment to County plus forty-five (45) days."
17 3. That, effective May 1, 2025, all references in existing County Agreement No. A-23-048 to
18 "Exhibit A" shall be changed to read "Revised Exhibit A,"which is attached hereto and incorporated herein
19 by this reference.
20 4. That, effective May 1, 2025, all references in existing County Agreement No. A-23-048 to
21 "Exhibit B" shall be changed to read "Revised Exhibit B,"which is attached hereto and incorporated herein
22 by this reference.
23 5. The Contractor represents and warrants to the County that:
24 a. The Contractor is duly authorized and empowered to sign and perform its obligations
25 under this amendment.
26 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
27 to do so and his or her signature on this Amendment legally binds the Contractor to the terms of this
28 Amendment.
-2-
1 6. County and Contractor agree that this Amendment No. 1 is sufficient to amend Agreement
2 No. A-23-048 and, that effective May 1, 2025, the original Agreement and this Amendment No. 1, shall
3 together be considered the Agreement.
4 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants,
5 conditions and promises contained in this Agreement not amended herein shall remain in full force and
6 effect. This Amendment No.1 shall become effective May 1, 2025.
7 [SIGNATURE PAGE FOLLOWS]
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
1 The parties hereto have executed this Amendment No. 1 to Agreement 23-048 as of the day and year
2 first hereinabove written.
3 Contractor: County Of Fresno:
Brain Learning Psych. Corp.
4
6 Ernest Buddy Mendes, airman of the Board of
Print Name: Dr. Rienzi Haytasingh Supervisors of the County of Fresno
7
Title: President
8 President
9 ATTEST:
Bernice E. Seidel
10 Clerk of the Board of Supervisors
11 T County of Fresno, State of California
12 Print Name: Erin Haytasingh By:, let. Viei�o,
Deputy
13 Title: Vice President
Vice President
14
15
16
Mailing Address:
17
8414 Lemon Ave, Ste B
18 La Mesa, CA 91941
Contact: Rienzi Haytasingh, CEO
19 Phone No.: (619) 324-9764
20
21 FOR ACCOUNTING USE ONLY:
22 Fund/Subclass: 0001/10000
Organization: 56107001
23 Account/Program: 7870
24
25 SB: jcd
26
27
28
-4-
Revised Exhibit A
Page 1 of 5
SUMMARY OF SERVICES
ORGANIZATION: Brain Learning Psychological Corp (Brain Learning)
SERVICES: Welfare-to-Work Specialized Assessments
ADDRESS: 8414 Lemon Ave, Ste B, La Mesa, CA 91941
SERVICE ADDRESS: 6061 N Fresno St, Fresno, CA 93710
TELEPHONE: (619) 324-9764
CONTACT: Dr. Rienzi Haytasingh
EMAIL: rienzi.calworks@brainlearning.com
I. SUMMARY OF SERVICES
Brain Learning (CONTRACTOR) shall provide in-person or virtual specialized
assessment services for referred CaIWORKs participants, residing in Fresno County,
who have limited English speaking ability, potential learning disabilities, and other
unique needs. Participants in the Fresno metro area shall be served in person in
CONTRACTOR's office or CONTRACTOR may utilize one of the various DSS metro
sites. In the event participants in the Fresno metro area cannot attend their in-person
assessment, CONTRACTOR may assess the participant virtually. Participants outside
of the Fresno metro area may be assessed virtually or CONTRACTOR may utilize one
of the various DSS rural sites for in-person assessments.
The CaIWORKs participants to be assessed will be identified and referred by the
County of Fresno's Department of Social Services (DSS). Additionally, DSS will identify
and determine appropriate types of assessments for each CaIWORKs participant.
CONTRACTOR shall administer assessments based on the DSS determination. DSS
will use the assessments for the following purposes:
Provide an evaluation of the CaIWORKs participants' academic abilities,
aptitudes, and work history.
Develop a report for each CaIWORKs participant based on test results and
information obtained in client interviews.
Provide services in accordance with the WIC Division 9, Part 3, Chapter 2, Article
3.2, section 11325.4, requires the Department to provide specialized
assessments for participants to develop a WTW plan.
Revised Exhibit A
Page 2 of 5
Provide a Third-Party review of WTW Plans written by DSS as requested and
determine if the plan is appropriate.
CONTRACTOR shall also ensure that Limited English Proficient (LEP) clients have
meaningful, effective, and equal access at every point of contact with project services.
Interpreting costs may be billed to this agreement, but only for services to non-English
non-Spanish speaking individuals.
II. TARGET POPULATION
Services will be targeted to only CalWORKs WTW recipients identified and referred
through DSS.
III. STAFFING
CONTRACTOR will have trained and qualified professionals conducting assessments,
with minimum of a master's degree in School Psychology with a Pupil Personnel
Services (PPS) credential.
IV. CONTRACTOR'S RESPONSIBILITIES
CONTRACTOR will call the client within two business days from receipt of referral to
schedule the assessment. When the client is available to schedule for testing,
CONTRACTOR will schedule the appointment to be within 7 days. If after 6 business
days the client is unable to be reached, CONTRACTOR will notify the County.
CONTRACTOR will provide a separate written report of results for all referred
CaIWORKs WTW participants within seven business days from completion of the
scheduled assessment. Assessment results are to be used by the Department in the
development of the participant's WTW Plan and to determine whether a participant
should be exempt from WTW participation.
A. Limited English Proficient (LEP) Assessments and Learning Disability
Evaluation (LDE) Assessments
CaIWORKs participants exhibiting limited or non-English speaking ability will be referred
to CONTRACTOR for LEP Assessments. The majority of participants will have a
primary language of Spanish; however, additional languages are anticipated.
CaIWORKs participants suspected of having a learning disability, requesting LDE
assessment, or otherwise deemed appropriate by DSS will be referred to
CONTRACTOR for LDE Assessments.
1. Testing and Evaluation Process:
Testing will be individualized and tailored to meet the particular needs of each
client. Test selection and administration will be done according to the needs and
capabilities of the participant. Tests selected must be free of cultural bias and
Revised Exhibit A
Page 3 of 5
should be modified to suit the needs of limited English speakers, when
applicable.
2. Reporting Process:
For all assessments, a separate written report will be developed based on
individual interviews, discovery, and assessment results.
The report shall include, but not be limited to, the following: A summary of the
participant's assessment results, findings and condition, areas of strengths and
weaknesses, general aptitude and cognitive level, language competency,
relevant educational and vocational history and interests, short/long-term
employment goals, vocational recommendations, employment market
information, local resources, recommendations for additional supportive services,
and documentation of recommended accommodations.
A meeting to discuss the results shall be held with the psychologist, client, and
Job Specialist during County's normal business hours and tailored to days and
time frame that work best for the client and Job Specialist.
B. Third-Party Assessment
CaIWORKs participants have the right to be referred to a Third-Party assessment
when they do not agree with the results of their DSS WTW Plan. Upon specific
request and referral from DSS, CONTRACTOR will provide an impartial Third-
Party review of WTW Plan(s) developed by DSS staff.
Evaluation Process:
The WTW Plan includes a vocational assessment of the participants'
employment goals, education, work experience, and labor market information.
Upon receipt of the WTW Plan, the CONTRACTOR will perform a thorough
review of the vocational assessment administered by DSS and review the
developed WTW Plan.
Based on this review, a determination will be made as to whether or not the
assessment results and plan are valid, or a new plan is needed. If it is deemed
appropriate, the CONTRACTOR will complete the LEP and LDE assessments
necessary to develop a new plan for the participant.
The results of the Third-Party assessments are binding between the DSS and the
participant.
C. Outreach Activities
CONTRACTOR will provide outreach information to DSS staff and clients at no
charge, in order to inform about learning disabilities and the ability to test for them
through CONTRACTOR's services.
Revised Exhibit A
Page 4 of 5
1. Staff training presentations may be requested up to 5 times per year. These are
meant to educate staff on how to identify a potential learning disability as well as
inform them of the breadth of services offered by the vendor. They may be performed
in person or virtually.
2. WTW Client Orientation videos may be requested. The video should include
information to market assessment services to clients and will be played during WTW
Orientation activities. Updates may be requested up to once per year.
3. Brain Learning presentations will be provided up to twice per month, up to 24
times per year. This includes presentations to participants of the DSS Job Readiness
program, JobWISE. This should educate clients about learning disabilities and market
CONTRACTOR's services to participants. These may be provided in person or
virtually.
V. COUNTY RESPONSIBILITIES
DSS shall be responsible for the following activities:
1. Provide the CONTRACTOR CaIWORKs referrals determined appropriate for
LEP, LDE, or Third-Party Assessment.
2. Provide CONTRACTOR a quiet and adequate conference room for group testing,
or a private interview room for individual testing at Coalinga, Kerman, Reedley,
and Selma regional offices.
3. Provide current information and/or training to CONTRACTOR's staff on specific
areas/functions of the CaIWORKs program when determined helpful and/or
needed for the successful delivery of the specialized assessments.
4. Provide all needed and appropriate supportive services for participants including
childcare, transportation, or other ancillary support services.
5. Work with CONTRACTOR's staff for compliance resolution, including good cause
determination and sanction.
6. Meet with CONTRACTOR's staff as often as needed to monitor services,
exchange pertinent information, resolve problems, and work together to
coordinate services.
VI. REPORTS AND OUTCOMES
CONTRACTOR shall provide complete and accurate monthly activity reports to the
County, in a report format approved by the County, within 21 days following the month
in which the services are rendered.
Revised Exhibit A
Page 5 of 5
CONTRACTOR shall meet the following expectations:
1. 100% of assessments will be scheduled within 7 days* of reaching the
participant.
*Exception to be given when appointment is available but participant is not.
1 a. 100% of participants that cannot be reached to schedule an initial appointment
within 6 business days of receiving the referral shall send a notification e-mail to
the DSS WTW Specialized Assignments mailbox.
2. 95% of assessment results reports will be provided to DSS within 7 business
days from assessment completion.
CONTRACTOR shall meet the following outcomes:
1. A minimum of 90% of all referred participants who attend their appointments will
complete the assessment.
2. A minimum of 75% of assessed participants* that are identified with a learning
disability will attend their results meeting.
*LEP assessments will not be counted.
Revised Exhibit B
Page 1 of 2
Rates By Service
Contractor: Brain Learning Psychological Corporation
Max Compensation: $2,033,063
Term: January 24, 2023 to June 30, 2024
July 1, 2024 to June 30, 2025
July 1, 2025 to June 30, 2026
July 1, 2026 to June 30, 2027 (optional)
Service Term Rate
January 2023 to June 2024 $1,300.00
Limited English Proficiency(LEP) July 2024 to June 2025 $1,400.00
Assessment and Report July 2025 to June 2026 $1,400.00
July 2026 to June 2027 $1,500.00
January 2023 to June 2024 $1,300.00
Learning Disability Evaluation (LDE) July 2024 to June 2025 $1,400.00
Assessment and Report July 2025 to June 2026 $1,400.00
July 2026 to June 2027 $1,500.00
January 2023 to June 2024 $250.00
Independent Assessment July 2024 to June 2025 $300.00
(Third Party Review) and Report July 2025 to June 2026 $300.00
July 2026 to June 2027 $350.00
January 2023 to June 2024 $4.00
Interpreter Services (per minute rate) July 2024 to June 2025 $4.00
for non-English/non-Spanish speakers July 2025 to June 2026 $4.00
July 2026 to June 2027 $4.00
January 2023 to June 2024 $0.00
Monthly Activities: July 2024 to June 2025 $0.00
Prepare Monthly Invoice/Reports,
Ongoing Communication with DSS July 2025 to June 2026 $0.00
July 2026 to June 2027 $0.00
January 2023 to June 2024 $0.00
July 2024 to June 2025 $0.00
No-Shows/Cancellations
July 2025 to June 2026 $0.00
F— July 2026 to June 2027 $0.00
Revised Exhibit B
Page 2 of 2
January 2023 to June 2024 $0.00
Produce New or Update July 2024 to June 2025 $0.00
WTW Client Orientation Video
(Once per year) July 2025 to June 2026 $0.00
July 2026 to June 2027 $0.00
January 2023 to June 2024 $0.00
Informational Training Presentations July 2024 to June 2025 $0.00
for DSS Staff
(Up to 5 times a year) July 2025 to June 2026 $0.00
July 2026 to June 2027 $0.00
January 2023 to June 2024 $0.00
JobWISE Presentations July 2024 to June 2025 $0.00
(Twice per month) July 2025 to June 2026 $0.00
July 2026 to June 2027 $0.00
All other expenses incidental to Contractor's performance of services under this
Agreement shall be borne by Contractor.