HomeMy WebLinkAboutAgreement A-20-063 with CDSS.pdfAgreement No. 20 -063
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,----------------,--------------~
STANDARD AGREEMENT AGREEMENT NUMBER
19-5035
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 03/2019)
1 . Thi s Agreement i s entered into between the Contracting Agency and the Contractor named below:
CONTR ACTI NG AGENCY NAME
Cal ifornia Department of Social Services
CONTRACTOR NAME
County of Fresno
2. The term of this Agreement is:
STAR T DAT E
Ju ly 1, 2019
THROUGH END DATE
June 30, 2021
3. The maximum amount of this Agreement is:
$0 .00 Zero Dollars and 00/100
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.,
EXHIBITS TITLE
Exhibit A Scope of Work
Exhibit A-General Terms and Conditions
Attachment 1
Exhibit A-Information Security Requirements
Atta chment 2
Exhibit A-State of California Public Liability and Workers' Compensation Insurance
Attachme nt 3
Exhibit A-State of California Automobile Liability/Physical Damage
Attachment 4
Ex h ibit B Budget Detail and Payment Provisions
'terns shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
Tn ese docume nts can be viewed at https://www.dgs.ca.gov/OLS!Resources
1N WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS
1404 L Street
PRIN TE D NAME OF PERSON SIGNING
CITY
Fresno
ffiLE
PAGES
22
7
2
1
1
5
STATE ZIP
CA 93721
Ern est Buddv Mendes Chairm an of t he Boa rd of Sup ervis ors of t he Cou nty of Fresn
CON TRACTOR AUTHORIZED SIGNATURE DATE SIGNED
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ATTE ST :
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Agreement 19-5035 Page 1 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
This Agreement is entered into by and between the California Department of Social Services,
hereinafter referred to as the CDSS, and the County of Fresno, hereinafter referred to as the
County, for the purpose of establishing the responsibilities of the CDSS and the County in the
provision and receipt of certain services, including legal consultation and legal representation in
administrative action appeals as described within section III of this Agreement, associated with
the Resource Family Approval (RFA) program of the County child welfare services agency and
the State of California, pursuant to California Welfare and Institutions Code section 16519.5 et
seq. Hereinafter, the County and CDSS may be referred to collectively as the “Parties”, or
individually as a “Party”. If identified below in Section VII, the CDSS and County have agreed
that certain services for the family evaluation, complaint investigations or home health and
safety assessments shall be provided as described in Sections IV, V and VI of this Agreement.
I. Background
The RFA program was created to provide a unified, family-friendly, and child-centered
process to replace the multiple processes for licensing foster homes, approving relatives
and nonrelative extended family members as foster care providers, and approving
adoptive families; establish a single set of standards for approvals which allow for the
safety, permanence, and well-being needs of the children who have been victims of child
abuse and neglect; reduce the use of congregate care placement settings; and decrease
the length of time for each child to obtain permanency. Pursuant to Government Code
Section 30029.7, subdivision (a)(3), the County and CDSS may enter into an agreement
for CDSS to provide services or activities related to RFA. The County and CDSS have
identified certain services or activities to be provided by CDSS in order to expedite the
delivery of services to children and nonminor dependents who reside or may reside in a
resource family home.
II. Definitions
A. “County” means the largest political division of the State having corporate powers,
wherein the County’s powers are exercised through its board of supervisors or through
agents and officers acting under the authority of the board or authority conferred by
law (Govt. Code § 23000 et seq.). As used in this Agreement, the County includes
agents, officers, directors, and County employees who conduct RFA activities on
behalf of the County, as described in Welfare and Institutions Code section 16519.5 et
seq.
B. “Resource Family Approval” or “RFA” program means the program wherein an
applicant seeks to meet the home environment assessment and permanency
assessment standards of the State of California as set forth by CDSS, with an
approval provided by the County or applicable Foster Family Agency. This approval is
in lieu of the existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study.
Agreement 19-5035 Page 2 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
C. “Respondent” means an applicant, resource family parent, or individual who has been
served with a Notice of Action and is the subject of an administrative action. For
matters that shall be heard by the CDSS State Hearings Division, a “Respondent” also
means a “claimant,” as defined in CDSS Manual of Policy and Procedures
section 22-001.
D. “Written Directives” (WDs)1 means the written processes, standards, and requirements
issued by the CDSS to implement the RFA Program. (See WDs section 3-01(a)(101).)
The WDs have the same force and effect as regulations; ensure that a county uses the
same standards for RFA; and ensure that a county does not implement policies or
procedures that conflict with or attempt to supersede the WDs; (WDs section 2-01.)
III. Legal Consultation and Legal Representation on Appeals/State Hearings Division (SHD)
and Office of Administrative Hearings (OAH)
A. Role of the CDSS Legal Division in the Provision of Legal Consultation and Legal
Representation on Appeals:
1. The CDSS Legal Division shall act as the sole legal representative on behalf of the
County in the provision of legal consultations and legal representation on appeals
to an RFA Notice of Action. The County is the client and is the final decision maker
on decisions affecting the legal rights of the County.
a. The Parties shall maintain confidentiality in all communications in accordance
with any applicable confidentiality laws, privacy laws, and laws governing
attorney-client relationships.
i. For the purposes of this section, the County shall ensure that the agents,
directors, officers, and employees of the County who conduct RFA activities
on behalf of the County, are familiar with and follow applicable laws for
privacy and confidentiality, as well as protect and maintain the confidential
nature of the communications created by attorney-client relationships,
including, but not limited to, Evidence Code section 952 and applicable
case law.
2. Except as otherwise provided in this section, the CDSS Legal Division will
represent the County on all appeals to an RFA Notice of Action for denial or
rescission of resource family approval, denial or rescission of a criminal record
exemption, or exclusion of an individual and shall appear on behalf of the County
at all proceedings related to such actions that are heard by the SHD or the OAH.
Nothing in this section shall preclude a County representative from being present
at a RFA hearing.
1 Version 6 of the Written Directives was used as a reference in creating this agreement. The Written Directives may
be revised by CDSS during the term of this Agreement and shall be in effect from the date of revision.
Agreement 19-5035 Page 3 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
3. If the County chooses to represent itself on an appeal in an individual case, it shall
not send a Statement of Facts as described in Section III(D) to the CDSS Legal
Division to request representation and shall not seek legal advice or direction from
the CDSS Legal Division. In those cases, the County hearing representative will
receive legal advice and direction from County Counsel or their designee. The
CDSS Legal Division will not provide legal representation or advice.
4. The Parties agree that CDSS Legal Division’s scope of work shall not include legal
consultation or representation regarding the following:
a. Writs or lawsuits or similar actions filed by or against the County, except that
the CDSS Legal Division may be available to consult with the County on any
such actions arising out of an RFA action as described herein;
b. Requests for information or documents from the County such as Public
Records Act requests or subpoenas issued to the County;
c. Placement of a dependent child or nonminor dependent;
d. Relative or non-relative extended family member approvals pursuant to the
“Harris” case;
e. Child Abuse Central Index grievance hearings;
f. Dependency or delinquency matters;
g. Assistance with issuing or serving an investigatory subpoena or warrant;
h. Hearings or proceedings regarding jurisdictional disputes where no Notice of
Action for denial or rescission of resource family approval, or denial or
rescission of a criminal record exemption, has been served;
i. Defending the county on a Temporary Suspension Order (TSO); and
j. Any other matter within the authority and direction of the County Counsel.
B. Duties of the County and the CDSS Legal Division Regarding Consultation:
1. In compliance with the WDs or regulations issued pursuant to Welfare and
Institutions Code section 16519.5, the County is required to consult with legal
counsel prior to service of a Notice of Action for denial or rescission of resource
family approval, or denial or rescission of a criminal record exemption; and is
required to consult with the CDSS Legal Division when recommending the
exclusion of an individual.
2. Pursuant to this Agreement, legal consultation for denials or rescissions for which
the County seeks CDSS Legal Division representation shall be with the CDSS
Legal Division, and not County Counsel.
Agreement 19-5035 Page 4 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
3. The County may request a legal consultation with the CDSS Legal Division
regarding legal or evidentiary issues related to an investigation, family evaluation
or other matters affecting the approval.
4. If the County seeks a TSO against a resource family’s approval, in addition to
consulting with the CDSS Legal Division on the matter, the County shall consult
with their County Counsel prior to service of a TSO.
5. Legal consultation shall not include technical assistance regarding program
requirements or procedures, RFA implementation or statewide policies; these
issues shall be referred to the CDSS RFA County Liaison, RFA Policy Analyst, or
RFA Inbox.
6. The County shall work with the CDSS RFA County Liaison to schedule a regular
monthly legal consult meeting. If a matter is urgent, such as a situation warranting
the immediate exclusion of an individual or a TSO, the County may contact their
CDSS RFA County Liaison by phone, email or in-person and request an urgent
consult with their assigned CDSS Legal Division consulting attorney.
7. Prior to a scheduled legal consult, the County shall obtain the evidence necessary
to support the information contained in the legal consultation memo related to the
County’s finding, position, or action requested.
8. The County shall prepare a confidential legal consultation memo for each matter
upon which legal advice is sought through a consult with the CDSS Legal Division.
A copy of the RFA legal consult memo form can be obtained through the CDSS
RFA county liaison. Upon request, the CDSS RFA County Liaison will provide
technical assistance to the County regarding the program requirements or
procedures including but not limited to family evaluations, RFA implementation,
statewide policies, legal consult procedures or how to draft the Notice of Action,
legal consultation memo or statement of facts. Both Parties shall maintain the
confidentiality of all attorney-client communications, including the legal consult
memo.
9. Using a secure or encrypted format, or a secure file transfer protocol, the County
shall send a properly completed legal consult memo, the draft Notice of Action, as
well as relevant attachments related to the request for consult including, but not
limited to, investigations, court records or arrest reports. These documents shall be
sent to the CDSS RFA County Liaison and the consulting attorney at least five (5)
business days prior to the date of the regularly scheduled consult.
10. The consult meeting is an opportunity for the CDSS Legal Division consulting
attorney and CDSS RFA County Liaison to discuss the information in the consult
memo provided by the County with the appropriate County staff. Accordingly, the
County should make its best efforts to have the assigned County RFA worker or
probation officer with knowledge of the facts described in the consult memo
present at the consult. If the approval worker or probation officer cannot attend in
Agreement 19-5035 Page 5 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
person, the worker or probation officer should attend by teleconference. If that is
not possible, the supervisor who is familiar with the facts of the matter shall attend.
11. If a matter to be discussed at the consult involves a recommendation for an
exclusion action, a family evaluation conducted by CDSS, an investigation
conducted by CDSS, or dual or multiple programs (e.g., RFA and a child care
license), the County shall identify and request the appropriate CDSS RFA staff,
CDSS adoptions staff or CDSS Community Care Licensing Division (CCLD) staff to
attend or teleconference into the consult.
a. The County may request the assistance of the CDSS RFA County Liaison in
arranging for the necessary CDSS staff to attend.
b. The County and CDSS shall share evidence and information regarding related
investigations, assessments, or actions as required by the WDs.
c. Agents of the County who conduct activities as described in Welfare and
Institutions Code section 16519.5 may be present during the portion of a
consultation that is applicable to a matter for which the agent acted on behalf of
the County, and for which the agent’s presence is needed to discuss the
information in the consult memo provided by the County. The County shall
ensure that the agent of the County is aware of and complies with the
confidentiality of the legal consult, the legal advice provided, and the
confidentiality of any information shared, as required by law.
12. The CDSS Legal Division consulting attorney shall review the legal consult memo,
the draft Notice of Action and attachments and shall advise the County regarding
the Notice of Action, the proper hearing forum, and any other matter related to an
investigation or proposed action. If the legal consult memo or draft Notice of Action
are incomplete, said attorney may return them to the County to complete them or
refer the County to the CDSS RFA County Liaison for technical assistance.
13. The CDSS Legal Division consulting attorney shall document the legal advice in
writing within 3 to 5 business days, or as agreed upon at the consult, and submit
the documentation to the County and the CDSS RFA County Liaison. If the matter
involves dual or multiple programs or an exclusion action, the CDSS Legal Division
consulting attorney shall provide the relevant CCLD Regional Office staff (licensing
action) or CDSS RFA County Liaison (RFA exclusion action) with a copy of the
consult memo and legal advice.
14. If the advice of the CDSS Legal Division consulting attorney is to proceed with an
action that affects the approval, the County should notify the child(ren)’s placement
worker, as applicable.
15. If the County fails to comply with the requirements of this Section III(B), the County
waives its right pursuant to this contract to have CDSS Legal Division
representation on the appeal.
Agreement 19-5035 Page 6 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
C. County Duties Regarding Processing the Notice of Action and Appeal (NOA)
1. The County shall serve the Notice of Action in accordance with Welfare and
Institutions Code section 16519.6 and the WDs or regulations. The County shall
ensure the file contains adequate documentation regarding service of the Notice of
Action to the correct address, such as certified mail receipts, and/or a proof of
service in accordance with WDs, Article 12: Due Process.
2. If the matter includes an exclusion action or CCLD action, the County shall
coordinate administrative actions, including service of the Notices of Action, notice
of a related licensing action by CCLD, an exclusion order, or the filing of formal
pleadings, with CDSS. (WDs, Article 12.)
3. If an appeal is filed, the County is responsible to comply with the law, WDs or
regulations, and internal procedures including, but not limited to, the following:
a. Date-stamp the appeal and envelope;
b. Update the appeal status in the Notice of Action database (in AARS);
c. For OAH cases, immediately send the acknowledgment of appeal to
Respondent and begin preparing the case for the CDSS Legal Division as
described in paragraph D;
d. For SHD cases, begin preparing the case to be sent to the CDSS Legal
Division at the same time the appeal is forwarded to the SHD as described in
paragraph D;
e. Obtain legal case number from CDSS RFA County Liaison and add number to
Statement of Facts; and
f. Forward the appeal to SHD by uploading the NOA and appeal to SHD’s
Appeals Case Management System (ACMS).
D. Preparing the Case to Send to the CDSS Legal Division After Receipt of an Appeal:
1. To obtain the CDSS Legal Division’s representation on an RFA appeal, the County
shall prepare a Statement of Facts using the current versions of the following
confidential attorney-client forms:
a. Form RFA-9029: Statement of Facts Summary Sheet – Resource Family
b. Form RFA- 9029C: Complaint and Immediate Deficiencies Log Continuation
c. Form RFA-9029D: RFA Statement of Facts Dividers
d. Form RFA-9029W: Witnesses Continuation
2. For SHD cases, the County shall prepare the Statement of Facts, a draft position
statement, and copies of all approval file documents within ten (10) business days
of receipt of an appeal. The documents shall be sent electronically to the CDSS
Legal Division by encrypted email or Secure File Transfer (in AARS) at the same
time the appeal is forwarded to SHD (WDs, Article 12). The County shall maintain
the confidentiality of the attorney-client privileged Statement of Facts forms during
any transmission of the forms or in any files maintained by the County. The County
Agreement 19-5035 Page 7 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
shall use the draft position statement template provided by CDSS when drafting
the position statement.
3. For OAH cases that involve a TSO or immediate exclusion action, the County shall
prepare the Statement of Facts forms and copies of the RFA documents and
evidence identified in the RFA 9029D: RFA Statement of Facts Dividers and send
to the CDSS Legal Division by encrypted email or Secure File Transfer within ten
(10) business days of receipt of the appeal. Hard copies of the original documents
shall also be sent by mail.
4. For all other OAH cases, the County shall prepare and mail to the CDSS RFA
County Liaison the Statement of Facts forms and originals of all relevant
documents within thirty (30) days of receipt of the appeal. The CDSS RFA County
Liaison will review the documents, provide any technical assistance necessary,
and then forward to the CDSS Legal Division.
5. The County shall make its best efforts to obtain certified court and law
enforcement or other relevant records prior to sending the case to the CDSS Legal
Division. If certified records are received after the case has been forwarded, then
the County shall forward them to the CDSS Legal Division.
6. Prior to finalizing the Statement of Facts, the County shall verify that the witness
list contact information in Form RFA-9029: Witness List is current and updated,
including the current placement and placement worker information for any child or
nonminor dependent victim or witness.
E. Duties of the County and CDSS Legal Division after the CDSS Legal Division
Receives the Case:
1. Upon receipt of the case file, the CDSS Legal Division shall be responsible for the
following:
a. Logging the case into the Legal Case Tracking System (LCTS) and
immediately assigning the case to a CDSS Legal Division hearing attorney.
b. Preparing a new case memo identifying the hearing attorney and the hearing
attorney’s contact information and emailing it to the County staff identified on
the Statement of Facts and the CDSS RFA County Liaison.
2. The CDSS Legal Division hearing attorney will review the complete file to
determine if the evidence is sufficient to go forward with the requested
administrative action. If not, the County will be consulted, and the file may be
closed without filing and sent back to the County for an informal resolution or to
obtain more evidence.
3. For cases to be heard at SHD, the CDSS Legal Division hearing attorney will
review the draft Position Statement prepared by the County and work with the
County to finalize it. Provided that the County provides the necessary and relevant
information in a timely fashion, the CDSS Legal Division is responsible for filing the
Agreement 19-5035 Page 8 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
Position Statement and exhibits with SHD. The County shall be responsible for
making available to Respondent all relevant documents in the County’s possession
in accordance with the WD’s. Prior to disclosure to Respondent, the County shall
withhold or redact documents that are confidential or privileged as required by law.
4. For cases to be heard at OAH, the hearing attorney will prepare, sign and file the
Accusation or Statement of Issues in accordance with the County’s request in the
Statement of Facts case summary and serve on the Respondent(s):
a. A copy of the filed Accusation or Statement of Issues will be provided to the
County welfare director or chief probation officer or designee.
b. If there are any substantive changes to the allegations at issue that were
identified in the Statement of Facts case summary provided by the County, the
CDSS Legal Division shall consult the County welfare director, chief probation
officer, or designee for approval prior to filing the Accusation or Statement of
Issues.
c. A CDSS Legal Division attorney may sign an amended Accusation or
Statement of Issues on behalf of the County, if the amendment is approved by
the welfare director, probation officer or designee. The CDSS Legal Division
shall file a copy of the amended pleading with OAH, as applicable.
5. If a resolution is sought prior to hearing, the CDSS Legal Division will discuss
settlement options with the County, Respondent, CCLD or CDSS Program if
applicable, draft the settlement agreement, and supervise its finalization. The
County shall have the final decision on whether to approve a settlement. If a
Respondent seeks to withdraw the appeal or notice of defense, the CDSS Legal
Division shall prepare a written withdrawal for Respondent to sign, and if the matter
has been set for hearing, submit a copy to the Administrative Law Judge.
6. For OAH cases, the CDSS Legal Division will prepare and serve documents on
Respondent in accordance with Government Code sections 11507.5 and 11507.6.
7. While the RFA administrative action is pending, the County shall keep the
assigned CDSS Legal Division hearing attorney informed of new developments
that occur prior to the hearing (e.g., new arrests or new evidence), and of any
changes in the Respondent’s address or other contact information. The County
shall timely forward any phone calls or correspondence from Respondent, his or
her authorized representative, or SHD to the CDSS Legal Division hearing
attorney.
8. The County shall assist the CDSS Legal Division, if necessary, in locating
witnesses, with the service of subpoenas for appearance at hearing, and with the
transportation of witnesses to the hearing. The County shall notify the assigned
CDSS Legal Division hearing attorney if there are concerns about the testimony of
a child or similarly vulnerable witness at hearing as specified in WDs, Article 12.
The County shall assist the CDSS Legal Division hearing attorney in providing
information or facilitating contact with the witness’s placement worker or treatment
provider if a motion to protect the witness is determined to be necessary. The
Agreement 19-5035 Page 9 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
County shall provide for the use of one-way closed-circuit television or video in
accordance with WDs, section 12-16 (Conduct of Hearing; Confidentiality and
Procedures), as applicable.
9. The CDSS Legal Division will represent the County at the prehearing conference,
settlement conference, and hearing before SHD or OAH, and prepare any
necessary motions, briefs, subpoenas or other hearing documents.
10. The County shall be responsible for the following hearing-related duties and costs,
Including but not limited to the following:
a. Reserving hearing rooms;
b. Interpreters;
c. Court reporters;
d. Witness and expert witness fees;
e. Security, if it is determined by the CDSS Legal Division hearing attorney, the
county or an administrative law judge that a threat exists to the health and
safety of those persons attending a hearing;
f. Obtaining records needed for hearing; and
g. Other hearing-related costs.
11. Following the SHD or OAH hearing, a proposed decision is adopted or rejected by
the CDSS Director or designee. If the decision is rejected, the CDSS shall review
the record and prepare the final decision and order, in accordance with the
established standard.
12. The CDSS will serve the final decision and order on all parties, including the
County.
13. The CDSS Legal Division may represent the County in a request for
reconsideration of the decision and order, a request for rehearing, or a request to
set aside a default decision and order. If a conflict of interest exists, then
representation by CDSS Legal Division shall be subject to the written consent of
the parties and compliance with the Rules of Professional Conduct and
paragraph G of this section.
14. The CDSS Legal Division shall update the statewide data system (i.e., AARS) with
the final order or resolution.
F. Conflict Resolution:
1. If the County and the CDSS Legal Division consulting or hearing attorney disagree
with how to proceed on a matter, the matter shall be resolved as follows:
a. The matter shall be elevated to the County RFA supervisor and the CDSS Legal
Division attorney’s supervisor to meet and confer to resolve the matter.
Agreement 19-5035 Page 10 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
b. If no agreement is reached, the matter shall be elevated to the next County
supervisor or manager level, and for the CDSS Legal Division, to the Assistant
Chief Counsel to meet and confer to resolve the matter.
c. If still no agreement is reached, the matter shall be elevated to the Senior
Assistant Chief Counsel and the equivalent County RFA program manager level
to meet and confer to resolve the matter.
2. The County has the final decision on how to proceed on a matter, which shall be
consistent with the CDSS Legal Division attorney’s ethical duties regarding the
minimum standards of evidence necessary to proceed with an action and the
considerations identified below in paragraph F.3. of this Section.
3. The resolution discussion shall include consideration of the minimum legal
requirements for an action in the applicable statutes and WDs or regulations, any
risks attendant to administrative litigation including a negative outcome at hearing,
any risks to the health and safety of a child or nonminor dependent that may be
caused by a failure to take action, and CDSS oversight responsibilities as
mandated by law.
4. Nothing in this section shall interfere with the Parties’ termination rights and the
right of the CDSS Legal Division to withdraw from representation pursuant to the
terms of this Agreement or applicable law.
G. Professional Responsibility; Conflict of Interest in Representation
1. The County acknowledges that the attorneys within the CDSS Legal Division have
an ethical and legal duty to avoid a conflict of interest or the appearance of a conflict
of interest when providing legal services to the County.
2. Pursuant to the California Rules of Professional Conduct, the CDSS Legal
Division’s attorneys may not be permitted to represent a client when there is a
conflict of interest. If applicable, the CDSS Legal Division attorney is required to
take certain actions which may include, but are not limited to, withdrawal from
representation for individual cases or obtaining informed written consent from each
client for individual cases.
3. The Parties acknowledge that there exists an appearance of a conflict of interest or
an actual conflict of interest due to the CDSS Legal Division representing both
CDSS and the County in administrative actions falling within the jurisdiction of both
agencies. By the signing of this Agreement, the Parties are providing their written
consent to the CDSS Legal Division’s dual representation of both CDSS and the
County, where applicable.
4. In all other matters in which there exists an appearance of a conflict of interest or an
actual conflict of interest, the CDSS Legal Division consulting or hearing attorney
shall report the conflict to the County in writing as soon as possible after discovering
the conflict. Potential conflicts of interests that may arise in RFA matters include, but
are not limited to, the following:
Agreement 19-5035 Page 11 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
a. Dual program matters involving an RFA and licensing action where the County
and CDSS disagree on how to proceed;
b. Conflicts regarding the CDSS oversight function over the County’s RFA
program;
c. Conflicts due to a lawsuit pending against CDSS or the County; and
d. A request by the County for reconsideration of a CDSS issued order.
H. Withdrawal from Representation
1. If a County fails to follow legal advice or fails to perform any of its duties as set
forth in this Agreement, the CDSS Legal Division retains the right to withdraw on
referred cases by sending a written notice identifying those case(s) from which it is
withdrawing to the County as specified in Exhibit A, Attachment 1, page 3,
Paragraph O (Notices), subparagraphs 2 (United States Mail) or 3 (Facsimile).
2. The Parties acknowledge and agree that the CDSS Legal Division must decline or
terminate representation on cases as required by the California Rules of
Professional Conduct.
IV. Family Evaluation
A. Provision of Family Evaluation Services
1. If identified in Section VII that the County and CDSS agree that the CDSS
Adoptions Services Bureau shall provide family evaluation services on behalf of the
County, in part or in full, this Section IV provides the terms and conditions of such
services.
2. In conducting the family evaluation services, the CDSS Adoptions Services Bureau
will adhere to the requirements specified the Welfare and Institutions Code section
16519.5 and the RFA WDs sections: Definitions, 3-01; Forms, 3-02; County
Reporting Requirements, 4-03; Implementation of Resource Family Approval
Program by a County, 4-05; and Family Evaluation, 6-05.
B. The CDSS Adoptions Services Bureau and County agree to coordinate efforts in the
following areas:
1. Exchange of information about resource family applicants and keeping each Party
informed of general progress in the family evaluations and changes that may affect
the evaluation. This exchange may include, but is not limited to, any information
(e.g. complaints, concerns, adverse actions) that would reflect the suitability of the
prospective resource family.
2. Communication regarding the general progress of the evaluation that may affect
the work provided by each Party, including potential inability to complete the
evaluation, as needed.
Agreement 19-5035 Page 12 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
3. Establishing mutually agreed upon timelines for completing the family evaluation.
4. Complying with the applicable laws and the RFA WDs relevant to family
evaluations.
5. Providing other appropriate and necessary coordination as needed.
C. Responsibilities of the County
1. The County will take the following actions:
a. Refer resource family applicants to the appropriate CDSS Adoptions Regional
Office for a family evaluation.
b. Securely provide all necessary documents to the CDSS Adoptions Regional
Office in order to conduct a family evaluation, including, but not limited to, RFA
applications, health history screening results, personal letters of references,
whether criminal record clearances or exemptions were granted or denied,
substantiated reports of child abuse and neglect, Department of Motor Vehicle
(DMV) records, and employment verifications.
c. Notify resource family applicants that the County may share confidential
information with CDSS to conduct a family evaluation and that CDSS will
perform the family evaluation for the County.
D. Responsibilities of the CDSS
1. The CDSS will take the following actions:
a. Assign a CDSS Adoptions Specialist with a Master’s degree in Social Work
who may also be a Licensed Clinical Social Worker for each family evaluation.
b. Conduct an evaluation of resource family applicants according to the RFA WDs
section 6-05: Family Evaluation.
c. Conduct a separate face-to-face interview of all persons living in the home as
specified in RFA WDs section 6-05(a)(2).
d. Request approval from the County to refer an applicant for a psychological
evaluation, drug and alcohol assessment or testing, counseling, or other
services during the evaluation as necessary. Associated costs of the services
of the referrals shall be the responsibility of the County and paid by the County
outside this Agreement to the applicable service provider.
Agreement 19-5035 Page 13 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
e. Prepare a written family evaluation that includes an evaluation of the
information obtained during a family evaluation of the resource family applicant,
including a risk assessment, and recommendations that RFA be approved or
denied.
f. CDSS will provide the County with the written family evaluation report within
sixty (60) days of receipt of the referral for the family evaluation, with priority for
completed family evaluations for relatives with emergency placements, unless
further information is needed to complete the evaluation.
g. Ensure all records provided to CDSS by the County and all information
obtained in order to conduct a family evaluation are kept confidential as
specified in RFA WDs section 4-04: Confidentiality.
h. Provide for a copy of the family evaluation file upon request of the County staff
responsible for the provision of RFA services.
i. Provide a CDSS Adoptions Specialist to testify as to the family evaluation if the
results of a family evaluation are at issue during an administrative hearing.
j. Absent pending litigation or other good cause identified by CDSS, the
Adoptions Regional Office shall retain the records of the family evaluation for
ninety (90) days after an evaluation is provided to the County. Thereafter, the
family evaluation file shall be securely delivered to the County. The County
shall retain the closed evaluation file in accordance with the retention policies
of CDSS. Access to a copy of the family evaluation file shall be made available
to CDSS (or its agents or representatives) upon request in the event of audit, or
as required or permitted by law.
k. For each request, the County shall provide a copy within ten (10) business
days, unless the request is identified as urgent. The County shall use it best
efforts to provide a copy within the period identified by CDSS for an urgent
request.
E. Conflict Resolution
1. The County and the CDSS will use customary and available problem-solving
methods and resources in efforts to resolve differences. Any disagreements or
conflicts regarding resource family evaluation services provided by the Parties for a
particular individual will be resolved as follows:
a. The primary social worker from the County and the CDSS will meet and confer
to resolve differences regarding a particular family evaluation.
b. If the primary social workers are unable to resolve differences, the County
supervisor and the CDSS supervisor and primary social workers will meet and
confer to resolve differences.
Agreement 19-5035 Page 14 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
c. If the supervisors and social workers are unable to resolve differences, the
County Program Manager and the CDSS Adoptions Regional Office Manager
and their respective supervisors and social workers will meet and confer to
resolve differences.
d. If the differences remain unresolved through the process specified above, the
matter will be referred to the next higher level of management for each of the
Parties until the matter is resolved.
F. Conflict of Interest
1. The CDSS Adoptions Regional Office staff conducting family evaluations shall be
instructed to avoid a conflict of interest or the appearance of a conflict of interest
when rendering services.
2. The CDSS shall direct CDSS Adoptions Specialists to RFA WDs section 4-02(g) to
identify any conflict of interest. If there exists an appearance of a conflict of
interest or an actual conflict of interest, the Adoptions Specialist shall report the
conflict to his/her supervisor, who may transfer responsibility for the evaluation to
another Adoptions Specialist.
V. Complaint Investigations
A. Agreement to Provide Complaint Investigation Services
1. The County and CDSS agree that the CDSS CCLD shall investigate on behalf of
the County all complaint allegations, made against resource families, if these
services are identified in Section VII; this Section V provides the terms and
conditions agreed upon by the Parties for all such investigations.
2. In conducting complaint investigations, the CCLD Regional Office will adhere to the
requirements specified in RFA WDs sections 3-01, 3-02, 4-03, 4-05, and 9-06A.
B. Coordination of Efforts
The CDSS and County agree to coordinate efforts in the following areas:
1. As necessary, exchange information about each resource family complaint
investigation and keep each Party informed of general progress in the complaint
investigation and changes that may affect the result. This exchange may include,
but is not limited to, any information (e.g. concerns, post complaint events, or
adverse actions) relevant to the complaint investigation.
2. As needed, communicate the general progress in the complaint investigation that
may affect the work provided by each Party, including potential inability to complete
the complaint investigation.
Agreement 19-5035 Page 15 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
3. Establish mutually agreed upon timelines for providing requested information or
responses for actions not specified in the RFA WDs or applicable law.
4. Provide other appropriate and necessary coordination as needed.
C. Complaint Referral to the CCLD
1. After the preliminary review specified in RFA WD section 9-06A(c), the County will
refer each complaint that requires an investigation to the appropriate CCLD Office
within one (1) business day following receipt of the complaint as specified in RFA
WD section 4-03(e).
2. The referral must be in writing and include the physical address location of the
County’s file for the resource family, the contact information of the custodian of the
resource family’s file, the contact information of the complainant, and detailed
information regarding the complaint allegation.
D. Complaint Assignment
1. Upon receipt of the complaint referral, the CCLD Regional Office shall create a file
and associated file complaint number in a CCLD database for each resource family
complaint investigation.
2. Upon receipt of the referral of the complaint, the CCLD Regional Office will
immediately assign the complaint to staff for investigation.
3. Upon assignment, the assigned CCLD Regional Office staff will contact the
custodian of the resource family file and undertake a process to secure access to
the resource family file or a copy of the file.
a. The County agrees to allow the CCLD Office staff to have access to the
resource family’s file or to be provided a copy, upon request. If a copy will be
provided electronically, the County is responsible for securely transferring the
file to the appropriate CCLD Regional Office staff.
E. File Review and Initial Complaint Investigation
1. Upon receipt of a copy of the resource family’s file or access to the file, the CCLD
Regional Office staff shall undertake the following:
a. Review the file for any conflicts of interest in order to comply with the conflict of
interest provisions in RFA WDs section 9-06A(o) and (p).
Agreement 19-5035 Page 16 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
i. If a conflict exists or appears to exist, the CCLD Regional Office staff shall
immediately report the conflict to his or her supervisor, who may transfer
responsibility for the complaint investigation to another staff member.
b. Review the resource family’s file and any related licensing files.
c. Confirm whether any adverse action against the resource family is currently in
process by CDSS or the County, or previously undertaken or concluded by
either Party. If such exist, documentation regarding the adverse action shall be
made available by the County or other Division of CDSS.
i. The additional documentation of any adverse actions shall be reviewed and
made a part of the complaint investigation file.
2. Initial Investigation Activities
a. The CCLD Regional Office staff will interview the complainant, if known.
b. Witnesses of the alleged RFA violation may be contacted by the CCLD
Regional Office during the initial investigation and throughout the period the
complaint investigation remains open.
c. Any documentation received during the complaint investigation shall be made a
part of the complaint investigation file.
F. The Initial 10-Day Visit to the Resource Family Home
1. The CCLD Regional Office staff will conduct an unannounced visit to the resource
family’s home within ten (10) calendar days of receipt of the complaint referral,
except as specified in RFA WDs section 9-06A(j), (k), and (o).
2. The initial 10-day visit shall be fully documented in the CCLD complaint
investigation file.
G. New Allegations
The CCLD Regional Office staff shall immediately report any new allegation(s)
disclosed during an investigation to the County.
Agreement 19-5035 Page 17 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
H. RFA Deficiencies
The CCLD Regional Office staff shall report any known or potential deficiencies
unrelated to the complaint to the County so the County RFA staff can take appropriate
action in response.
I. Further Investigation Required
The CCLD Regional Office staff will notify the County if the complaint investigation
cannot be completed within ninety (90) days after the initial10-day visit because further
investigation is required.
J. Complaint Investigation Report
1. The CCLD Regional Office staff will prepare a written complaint investigation report
containing a finding for each allegation as either substantiated, inconclusive, or
unfounded.
2. The CCLD Regional Office staff will forward the written complaint investigation
report to the County upon completion.
3. If the County disagrees with the CCLD Regional Office complaint investigation
report findings, then it shall contact the CCLD Regional Office to discuss and/or to
request additional clarification.
K. Notification to Resource Family and Complainant
1. Upon receipt of the complaint investigation report, the County shall deliver a copy
of the complaint investigation report to the resource family.
2. Upon request by the County, the CCLD Regional Office staff responsible for the
complaint investigation report will provide technical assistance.
3. The County shall notify the complainant, if known, of the findings of the complaint
investigation.
L. Follow-Up
For substantiated findings, the County RFA staff shall develop a corrective action plan
for the resource family to correct identified deficiencies, or may take other action as
specified in the RFA WDs. Nevertheless, if a County determines that it is not possible
to correct an identified deficiency, then the County shall document the deficiency and
may proceed with the necessary administrative action as specified int the RFA WDs.
Agreement 19-5035 Page 18 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
M. Cross-Reporting Investigation Results
The County shall report investigation results as specified in applicable law, RFA WDs
section 4-04 and 9-06C, or as required by this Agreement.
N. Records
1. Absent threatened or pending litigation or other good cause identified by CDSS,
records related to the complaint investigation shall be held by the CCLD Regional
Office for the duration of this Agreement and for three (3) years following the
expiration or termination of this Agreement or three (3) years following the end date
of the provision of complaint investigation services, whichever first occurs.
Thereafter, the records for the complaint investigations specified in this Agreement
shall be delivered to the County.
2. Within ten (10) calendar days of the County’s written request, the CCLD Regional
Office shall provide a copy of any complaint investigation file created pursuant to
this Agreement.
O. Reporting Complaints with Investigations Pending
The CCLD Regional Office shall provide to the County monthly written reports of
complaint investigations open longer than ninety (90) days and subject to further
investigation.
VI. Home Health and Safety Assessment
A. Provision of Home and Health Safety Assessment Services
1. If identified in Section VII that the County and CDSS agree that the CDSS
Adoptions Services Bureau shall provide home health and safety assessment
services on behalf of the County, in part or in full, this Section VI provides a
description of the services and the responsibilities of the Parties.
2. In conducting the home health and safety assessment services as described in the
Written Directives (WDs), Article 6, section 6-02: Home Environment Assessment,
paragraph (a) (2), the CDSS Adoptions Services Bureau will adhere to the
requirements specified in the Welfare and Institutions Code section 16519.5, the
most recently published version of the RFA WDs, and the most recently published
version of the Form RFA-032. Resource Family Home Health and Safety
Assessment Checklist (hereinafter referred to as Form RFA-03). As appropriate
CDSS shall refer to the WDs, to complete the Form RFA-03 and provide the
required summary.
2 The RFA-03 form includes applicable instructions in the WD sections 11-01 through 11-16 regarding First Aid
supplies including but not limited to provisions regarding self -administering, storing and documenting.
Agreement 19-5035 Page 19 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
B. The CDSS Adoptions Services Bureau and the County agree to coordinate efforts in
the following areas:
1. Exchange information about resource family applicants and keep each other
informed of general progress in the home health and safety assessment and
changes that may affect the assessment. This exchange may include, but is not
limited to, any information (e.g. complaints, concerns, adverse actions) that would
reflect the suitability of the prospective resource family applicant(s).
2. As needed communicate the general progress in the assessment that may affect
the work provided by each Party, including facts or circumstances which may delay
or prevent the completion of the assessment within sixty (60) days.
3. Establish mutually agreed upon timelines for completing the home health and
safety assessment when such cannot be completed within sixty days. Comply with
the RFA WDs relevant to home health and safety assessments.
4. Provide other appropriate and necessary coordination as needed.
C. Responsibilities of the County
1. The County will take the following actions:
a. Refer resource family applicants to the appropriate CDSS Adoptions Regional
Office for a home health and safety assessment.
b. Timely provide all necessary documents to the CDSS Adoptions Regional
Office, using a secure or encrypted format, or a secure file transfer protocol, so
that each home health and safety assessment may be completed within sixty
(60) days.
c. Notify resource family applicants that CDSS will perform the home health and
safety assessment for the County.
d. Conduct the background checks and related activities as described in the RFA
WDs, section 6-03A.
e. For items identified as incomplete in the Home, Health and Safety Assessment
provided by CDSS or form RFA 03 the County shall be responsible for verifying
completion prior to approval of the resource family.
D. Responsibilities of the CDSS
1. The CDSS will take the following actions:
a. Assign a CDSS Adoptions Specialist with a Master’s degree in Social Work
who may also be bilingual and/or a Licensed Clinical Social Worker for each
home health and safety assessment.
Agreement 19-5035 Page 20 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
b. Conduct a home health and safety assessment according to the RFA WDs
section 6-02(a)(2): that includes all of the following: A health and safety
assessment of the home and grounds, outdoor activity space and storage
areas of the applicant’s home using form RFA-03: Resource Family Home
Health and Safety Assessment Checklist, to determine compliance with certain
sections of Article 11 of the WDs and, if applicable, section 11.1-07: Additional
Home and Grounds Requirements for Specialized Resource Families.
c. Prepare a summary of the home health and safety assessment in a written
format that includes an evaluation of the information obtained during a home
health and safety assessment of the resource family applicant’s home and
property, e.g. if there are items that needed to be repaired or purchased.
d. CDSS will provide the County with the written summary report, that also
includes the completed Form RFA 03, within sixty (60) days of receipt of the
referral from the County for the home health and safety assessment.
e. Ensure all records provided to CDSS by the County and all information
obtained in order to conduct a home health and safety assessment are kept
confidential as specified in RFA WDs section 4-04: Confidentiality.
f. Provide for a copy of the home health and safety assessment file upon request
of the County staff responsible for the provision of RFA services.
g. Provide a CDSS Adoptions Specialist to testify in regards to the home health
and safety assessment if the results of a home health and safety assessment
are at issue during an administrative hearing.
h. Absent pending litigation or other good cause identified by CDSS, the
Adoptions Regional Office shall retain the records of the home health and
safety assessment for ninety (90) days after an assessment is provided to the
County. Thereafter, the home health and safety assessment file shall be
securely delivered to the County. The County shall retain the closed
assessment file in accordance with the retention policies set forth in Article 10,
section 10-05 of the Written Directives. Access to a copy of the home health
and safety assessment section of the resource family file shall be made
available to CDSS (or its agents or representatives) upon request in the event
of a review or audit, as permitted by law, or as required by court order.
E. Conflict Resolution
1. The County and the CDSS will act in good faith to resolve differences. Any
disagreements or conflicts regarding resource family home health and safety
assessments and how they are performed will be resolved as follows:
a. The primary social worker from the County and the CDSS will meet and confer
to resolve differences regarding home health and safety assessments.
Agreement 19-5035 Page 21 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
b. If the primary social workers are unable to resolve differences, the County
supervisor and the CDSS supervisor and primary social workers will meet and
confer to resolve differences.
c. If the supervisors and social workers are unable to resolve differences, the
County Program Manager and the CDSS Adoptions Regional Office Manager
and their respective supervisors and social workers will meet and confer to
resolve differences. Requests shall be made by written communication such
as email to /from the county to/from the relevant CDSS Adoptions Regional
Office Manager. Response times between the parties will be no longer than
seven calendar days. Communication may be in person or by telephone.
Meetings will continue until the differences are resolved.
d. If the differences remain unresolved through the process specified above, the
matter will be referred to the next higher level of management for each of the
Parties until the matter is resolved if appropriate.
F. Conflict of Interest
1. The CDSS Adoptions Regional Office staff conducting home health and safety
assessments shall be instructed to avoid a conflict of interest or the appearance of
a conflict of interest when rendering services.
2. The CDSS shall direct CDSS Adoptions Specialists to RFA WDs section 4-02(g) to
identify any conflict of interest. If there exists an appearance of a conflict of
interest or an actual conflict of interest, the Adoptions Specialist shall report the
conflict to his/her supervisor, who may transfer responsibility for the home health
and safety assessment to another Adoptions Specialist.
VII. Identification of Services
The Parties identify that in addition to the services of section III, Legal Consultation and
Legal Representation on Appeals, the services described in Section IV, Section V and/or
Section VI are a part of this Agreement, if checked below:
Section IV, Family Evaluation ☐
Section V, Complaint Investigations ☐
Section VI, Home Health and Safety Assessment ☐
In the event this Agreement expires or is terminated with open evaluations, investigations,
assessments, or legal consultations or representation, CDSS may complete such services
in accordance with the terms if this Agreement.
Agreement 19-5035 Page 22 of 22
CDSS/County of Fresno
EXHIBIT A
(Standard Agreement)
VIII.Project Representatives for CDSS and the County
CDSS Program Representative:
Name: Brian Turner
Title: CCR Policy Analyst
Address: 744 P Street, MS 9-14-46
Sacramento, CA 95814
Phone:
Facsimile
No.:
916-651-7082
Not Available
Email: Brian.Turner@dss.ca.gov
County of Fresno Representative
Name:
Title:
Address:
Phone:
Email:
Tricia Gonzalez
Deputy Director
1404 L Street
Fresno, CA 93721
559-600-2306
Gonzapd@fresnocountyca.gov
Changes to the project representative information may be made by written notice to the
other Party and shall not require an amendment to this Agreement.
IX.Authority to Enter into This Agreement
Each Party entering into this Agreement represents the existence of the authority to enter
into this Agreement on behalf of the named Party.
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 1 of 7
GENERAL TERMS AND CONDITIONS
A. Term
The initial term of this Agreement shall commence on July 1, 2019 and shall terminate on
June 30, 2021 (the “Initial Term”). This Agreement may be renewed by written
amendment on a year-to-year basis for each one-year renewal period, upon its
commencement, to constitute part of the “Term” for all purposes hereunder.
B. Termination
1. Termination without Cause: Each Party reserves the right to terminate this
Agreement at any time and for any reason upon provision of ninety (90) days’
advance written notice to the other Party in accordance with paragraph O
(Notices).
2. Termination for Cause: Each Party reserves the right to terminate the
Agreement for cause. In addition, if either Party defaults under this agreement,
the agreement may be terminated by the non-defaulting Party effective upon
provision of forty-five (45) days advance written notice of termination provided to
the defaulting Party in accordance with paragraph O (Notices).
3. Default Costs: In the event of termination of this Agreement due to a default by
either Party, the non-defaulting Party shall not be liable for any costs incurred by
the defaulting Party in connection with such termination.
4. Return of Materials: Upon the expiration or earlier termination of this Agreement,
each Party shall return to the other Party any and all materials, equipment or
documents provided by the other Party in connection with the activities governed
by this Agreement within ten (10) business days of written demand therefor.
C. Ineligible for Federal Assistance
This Agreement is void or voidable if the either Party receives reliable information that the
other Party has been debarred, suspended, proposed for debarment, excluded or
disqualified under the non-procurement common rule, or otherwise declared ineligible from
receiving Federal agreements, certain sub-agreements, and certain Federal assistance
and benefits.
D. Amendments
This Agreement may be modified, amended, or supplemented only by a written
amendment, signed by a Representative from each Party, who has the authority to act on
behalf of their respective Party. Each Party is responsible for obtaining the necessary
approval(s) before entering into any amendment.
E. Time
1. Time is of the essence for the performance of the services of this Agreement.
Each Party shall promptly comply with the terms of this agreement and in the
performance of the activities described in Exhibit A, Sections III, IV, V, and VI. If
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 2 of 7
GENERAL TERMS AND CONDITIONS
a Party is unable to comply with a term or requirement of this Agreement, it shall
promptly notify the other Party’s Project Representative of the inability to comply
with the particular requirement or term.
2. Each Party to this Agreement shall devote such time to the performance of the
activities described in Exhibit A as may be reasonably necessary for the
satisfactory performance of the obligations of this Agreement.
3. The Party failing to meet the timelines described in the services in Exhibit A,
Sections III, IV, V and VI of this Agreement shall be responsible for any fees or
costs imposed by the applicable law which result due to the other Party.
F. Default
Neither party shall be considered to be in default of this agreement to the extent the
performance is prevented or delayed by any cause, present or future, which is beyond the
reasonable control of the Party.
G. Conflict of Interest
The Parties agree to enforce the requirements of the California Government Code, Section
1090 et seq. and Sections 87100 through 87105 to prevent a public officer or employee,
including a subcontractor, from participating in an activity that would constitute a conflict of
interest.
H. Nondiscrimination
The Parties shall not discriminate in the employment of persons necessary to perform this
Agreement on any legally impermissible basis, including on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status.
1. The Parties represent that each is aware and shall follow: a) Title VII of the Civil
Rights Act of 1964, including subsequent amendments (42 U.S.C. § 2000e et
seq.); b) the Age Discrimination Act of 1967 (29 U.S.C. § 621 et seq.); c) Title I of
the Americans with Disabilities Act of 2008 (42 U.S.C. § 12101 et seq.); and d)
the California Fair
Employment and Housing Act (California Govt. Code, § 12900 et seq.), including
the related regulations commencing at 2 CCR § 11006 et seq.
2. In the provision of services each Party shall be responsible for the actions of its
employees, directors or officers so that employees and applicants for
employment and any member of the public are free from any unlawful
discrimination.
3. The Parties agree to include the non-discrimination and compliance provision of
this paragraph in all sub-agreements, if any, to perform services under this
Agreement.
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 3 of 7
GENERAL TERMS AND CONDITIONS
I. Change in Statutes or Regulations
If there is a change of statute or regulations, including the Written Directives (WDs),
applicable to the performance of this Agreement, both Parties agree to be governed by the
new provisions, unless either party gives Notice to terminate pursuant paragraph O of this
Agreement or identifies through written correspondence that the changes in law require
negotiation of the responsibilities or terms of the Agreement.
J. Assignment
Except as specifically authorized within the Agreement, no rights may be assigned and no
duties under this Agreement may be delegated by a Party without the prior written consent
of the other, and any attempted assignment or delegation without such consent shall be
void. Each successor or assignee of the applicable Party to this agreement shall be held
jointly and severally liable under this agreement.
K. Responsibility of Project Representatives
All matters concerning the administration of this Agreement, which are within the
responsibility of the Parties shall be under the direction of, or shall be submitted to, the
respective Project Representative or the party’s employee specified, in writing, by the
Project Representative. A Party may, in its sole discretion, change its designation of its
Project Representative upon providing written notice to the other Party at least ten days
prior to such change in accordance with paragraph O (Notices). The Project
Representatives for the Parties are specified in the Exhibit A, Page 19, in Section VIII.
L. Waiver
1. Any waiver shall be memorialized in writing, and signed by the Project Representative
of each Party. However, neither Party may waive provision or right in the Agreement
that is a required act specified in the WDs.
2. The failure of either Party to enforce any right or provision of this agreement shall not
be construed as a waiver by the other Party of its rights under the agreement and
shall not prevent the other Party from subsequently enforcing such right or provision.
M. Cumulative Rights
The rights and remedies of the Parties herein are cumulative and are in addition to any
other rights or remedies that the Parties may have at law or in equity.
N. Severability
Should any part, term, portion, or provision of this agreement be finally decided by a court
of competent jurisdiction to be in conflict with any law of the United States or the State of
California, or otherwise be unenforceable or ineffectual, the validit y of the remaining parts,
terms, portions, or provisions will be deemed severable and will not be affected thereby,
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 4 of 7
GENERAL TERMS AND CONDITIONS
provided such remaining portions or provisions can be construed in substance to constitute
the Agreement which the Parties intended to enter into in the first place.
O. Notices
A notice to the other Party in the administration of this Agreement shall be given to the
Party’s Project Representative by regular mail, by facsimile transmission, or by email as
more particularly specified in this paragraph. Any such notice will be deemed given on:
1. Personal Service: The day the notice is personally delivered to the Party’s Project
Representative.
2. United States Mail: Five days after the date the notice is deposited in the United
States mail, addressed to a Party’s Project Representative with first-class postage
fully prepaid;
3. Facsimile: On the day the notice is transmitted by facsimile to the facsimile number
specified as specified in Section VIII, provided that an original of such notice is
deposited in the United States mail, addressed to the Party’s Project Representative
on the same day as the facsimile transmission is made; or Email: On the day the
notice is transmitted by email to the email address of the Party’s Project
Representative.
P. Compliance with Applicable Laws
The Parties shall comply with all applicable federal, state and local laws now, or hereafter, in
force, and with any applicable regulations, in performing the work and providing the service
specified in this agreement. This obligation includes, without limitation, the acquisition, and
maintenance of any permits, licenses, or other entitlements necessary to perform the duties
imposed expressly or impliedly under this Agreement.
Q. Negotiated Agreement
This Agreement was negotiated between the Parties. Neither Party is deemed to be the
Party which prepared this Agreement within the meaning of California Civil Code, section
1654.
R. Independent Advice
Each Party represents that in executing this Agreement it does so with full knowledge of the
rights and duties it may have with respect to the other Party. Each Party also represents
that it has received independent legal advice from its attorney with respect to the matters set
forth in this agreement and the rights and duties arising out of this Agreement, or that such
Party willingly foregoes any such consultation.
S. Information Subject to a Business Associate Agreement
The Parties agree to identify for the other Party protected health information in the records
that was provided through a business associate agreement of a covered entity, as required
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 5 of 7
GENERAL TERMS AND CONDITIONS
by 42 U.S.C 1320d and its implementing regulations at 45 CFR Parts 142, 160, 162, and
164, collectively referred to as the Health Insurance Portability and Accountability Act
Privacy Rule.
T. Conflicting Disclosure Laws
The Parties agree to follow the requirements of the law for the disclosure of confidential
records. When in doubt as to whether a record in its possession should be disclosed or
withheld, each Party agrees to contact its Legal Counsel for direction.
U. Mailing of Confidential Information
The Parties may use the United States Postal Service to deliver records containing personal
or confidential information to the other provided that the record(s) are double enveloped with
the interior envelope identified as confidential with the name of the recipient of the mail on
the interior envelope. Additionally, each shall require that the records being delivered shall
only be delivered to the addressee with an acknowledgement of receipt. The Party sending
the records is responsible for obtaining a copy of the signed receipt and maintaining it.
V. Transporting Records
The Parties agree that all records containing personal or confidential information shall be
transported in a secure manner. When using a third party who is not a Party to this
Agreement to transport records to the other Party, the Parties each agree to notify the other
before sending records to the other containing personal or confidential information, as
defined in law. Notice may be provided electronically, but receipt of the message must be
confirmed before commencing the transport of the records to the other Party. Additionally,
except for personal delivery by a representative of the Parties a bonded courier service shall
be used. The records shall be securely double-enveloped or boxed with the interior
envelope or box identified as confidential and properly addressed to the intended
recipient/employee. Upon delivery, the courier shall obtain a signed acknowledgement of
receipt from the entity receiving the documents. The Party sending the records is
responsible for obtaining a copy of the signed receipt and maintaining it.
W. Indemnification
1. Claims Arising from Acts or Omissions of the County
The County hereby agrees to defend and indemnify the CDSS, its agents, officers,
and employees (hereinafter collectively referred to as the CDSS), from any claim,
action or proceeding against the CDSS arising from the County’s negligence in the
performance of the services and activities of this Agreement, including omissions to
act. At its discretion, the CDSS may participate at its own expense in the defense of
any claim, action or proceeding, but such participation shall not relieve the County of
any obligation imposed by this Agreement. The CDSS shall notify the County
promptly of any claim, action or proceeding and cooperate fully.
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 6 of 7
GENERAL TERMS AND CONDITIONS
2. Claims Arising from Acts or Omissions of the CDSS
The CDSS hereby agrees to defend and indemnify the County, its agents, officers,
and employees (hereinafter collectively referred to as the County), from any claim,
action or proceeding against the County arising from CDSS’ negligence in the
performance of the services and activities of this Agreement, including omissions to
act. At its discretion, the County may participate at its own expense in the defense of
any claim, action or proceeding, but such participation shall not relieve the CDSS of
any obligation imposed by this Agreement. The CDSS shall notify the County
promptly of any claim action or proceeding and cooperate fully.
X. Relationship of the Parties
The CDSS is acting as a contractor for the delivery of the services; this is not a joint
venture agreement between the Parties. It is understood by both Parties that this
Agreement does not create an employer-employee relationship between the Parties.
Each Party agrees that it shall not enter into agreements or make representations or
promises on behalf of the other Party, except as identified in Exhibit A.
Y. Bankruptcy
The Parties shall immediately notify the other in the event that either ceases conducting
business in the normal manner or becomes insolvent, makes a general assignment for the
benefit of creditors, suffers or permits the appointment of a receiver for its business on
assets, or avails itself of, or becomes subject to, any proceeding under the Federal
Bankruptcy Act or any other statute of this state relating to insolvency or protection of the
rights of creditors.
Z. Insurance Requirements
The CDSS is a self-insured public entity, which possesses the ability to cover liabilities,
including general, professional, motor vehicle, and workers’ compensation liabilities arising
from or connection with the performance of services under this agreement by CDSS, its
employees, officers, or directors. Evidence of self-insurance is provided with Exhibit A,
Attachment 3. Evidence of CDSS’ self-insurance for liabilities, from the use of motor
vehicles includes owned, non-owned, and hired vehicles used by CDSS employees in the
performance of services, is provided with Exhibit A, Attachment 4.
AA. Title to Documents; Copyrights
The reports, forms and other materials produced by the CDSS pursuant to this
Agreement are the property of the CDSS and shall not be subject to any copyright
claimed by the County, its employees, subcontractors or agents. However, the County
may use for administrative purposes completed materials developed or produced by the
CDSS. Incomplete documents or projects may not be used without the prior written
consent of the CDSS. Records, reports, or documents containing personal or
confidential information shall not be used for any commercial purpose and shall not be
copyrighted by either Party, including the employees, officers, directors, or agents of
each Party.
Agreement 19-5035 Exhibit A – Attachment 1
CDSS/County of Fresno Page 7 of 7
GENERAL TERMS AND CONDITIONS
BB. Venue
It is agreed by the Parties to this Agreement that, unless expressly waived by CDSS,
any action brought to enforce provisions of this Agreement for declaratory relief shall be
filed and remain in a court of competent jurisdiction in the County of Sacramento in the
State of California.
CC. Controlling Law
The validity, interpretation and performance of this Agreement shall be construed under
the laws of the State of California, or when applicable federal law.
DD. Entire Agreement
This Agreement is the entire Agreement of the Parties for the performance of the
services described in Exhibit A. There are no understandings or agreements pertaining
to this Agreement except as are expressly stated in writing in this Agreement or in any
document attached hereto or incorporated by reference. It is the intention of the Parties
hereto that this Agreement shall supersede any prior agreements, discussions,
commitments, representations, agreements, written, or oral, between the Parties.
Agreement 19-5035 Exhibit A – Attachment 2
CDSS/County of Fresno Page 1 of 2
Information Security Requirements
I. Information Security Incidents and/or Breaches
A. Discovery and Notification of Incidents and/or Breaches. CDSS shall be responsible
for facilitating the Incident and/or Breach response process as described in California Civil
Code 1798.29(e), California Civil Code 1798.82(f), and SAM 5340, Incident Management.
CDSS shall notify the CDSS Program Contract Manager and the County Information
Security and/or Privacy Officer within one working day by telephone call and email upon
the discovery of the Incident and/or Breach affecting the security of County Confidential,
Sensitive, and/or Personal (CSP) Information if the County CSP was, or is reasonably
believed to have been, acquired by an unauthorized person, or there is an intrusion,
potential loss, or unauthorized use or disclosure of the County CSP is in violation of the
Agreement, this provision, the law, or potential loss of the County CSP that is in violation
of this Attachment 2. CDSS shall take:
1. Prompt corrective action to mitigate any risks or damages involved with the Incident
and/or Breach and to protect the operating environment;
2. Any action pertaining to such unauthorized disclosure required by applicable Federal
and State laws and regulations.
B. Isolation of System or Device. A system or device, containing County CSP,
compromised by an Incident and/or Breach involving an exploitation of a technical
vulnerability, shall be promptly disconnected from CDSS’ production environment with
access to only individuals who are participating in the investigation, mitigation, and
remediation of the Incident and/or Breach. Such system or device shall remain
disconnected from the production environment until the risk from the exploited vulnerability
has been adequately mitigated. The County must be contacted prior to placing the
previously compromised system or device, containing County CSP, back in the production
environment. The affected system or device, containing County CSP, shall not be
returned to operation in the production environment until the County Information Security
and/or Privacy Officer gives its approval.
C. Investigation of Incidents and/or Breaches. CDSS shall promptly investigate such
Incidents and/or Breaches.
D. Updates on Investigation. CDSS shall provide regular (at least once a week) email
updates on the progress of the Incident and/or Breach investigation to the CDSS Program
Contract Manager and the County Information Security and/or Privacy Officer.
E. Written Report. CDSS shall provide a written report of the investigation to the CDSS
Program Contract Manager and the County Information Security and/or Privacy Officer
within fifteen (15) working days of the discovery of the Incident and/or Breach. To the
extent CDSS has such information, the report shall include but not be limited to the
following:
Agreement 19-5035 Exhibit A – Attachment 2
CDSS/County of Fresno Page 2 of 2
1. CDSS point of contact information;
2. Description of what happened, including the date of the Incident and/or Breach and the
date of the discovery of the Incident and/or Breach, if known;
3. Description of the types of County CSP that were involved and the extent of the
information involved in the Incident and/or Breach;
4. A description of the unauthorized persons known or reasonably believed to have
improperly used or disclosed County CSP;
5. A description of where the County CSP is believed to have been improperly
transmitted, sent, or utilized;
6. A description of the probable causes of the improper use or disclosure;
7. Whether Civil Code sections 1798.29 or 1798.82 or any other federal or state laws
requiring individual notifications of breaches are triggered; and
8. Full, detailed corrective action plan, including information on measures that were taken
to halt and/or contain the Incident and/or Breach.
F. Notification of Individuals. CDSS shall notify individuals of the breach or unauthorized
use or disclosure when notification is required under applicable state or federal law as
determined by the County. CDSS shall pay any costs of such notifications, as well as any
costs associated with the breach. The CDSS Program Contract Manager and the County
Information Security and/or Privacy Officer shall promptly approve the time, manner and
content of any such notifications, and such approval shall not be unreasonably withheld.
CALIPORNIA DEPARTMENT OF
GENERAL SERVICES
January 1.6, 2019
STATE OF CALIFORNIA
PUBLIC LIABILITY AND WORKERS' COMPENSATION
INSURANCE FISCAL YEAR JULY 1, 2019 / JUNE 30, 2020
Whom It May Concern:
In accordance with Government Code section 11007.4, the State of California has elected to
be self-insured for liability exposures. Under this form of insurance, the State and its
employees acting in the course and scope of their employment are' insured for tort liability
arising out of official State business. All claims agains?t the State of California based on tort
liability should be presented as a government claim to the Government Claims Program,
P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et.
seq.) Internet link: httfi:/AA/ww.dfls.ca.Qov/orim/Proarams/GovemmentCl9im'p.asD^
The State of California has also elected to be insured for its motor vehicle liability exposures
through the State Motor Vehicle Liability S-elf-lnsurance Program (VELSIP). This program
provides liability coverage arising out of the operations of motor vehicles used by state
employees for official state business (California Vehicle Code Sections 17000 and 17001).
Motor vehicle liability claims against the State of California should be presented to the Office
of Risk and Insurance Management: P.O. Box 989052 MS-403, West Safcramento. CA
95798- 9052, (800) 900-3634, claJmsOldas.Ga.aou- If your motor vehicle liability claim is not
resolved within six months from the date of loss, California law requires'you to file a formal
claim with the Government Claim's Program, P.O. 'Box 989052 MS 414, West Sacramento,
CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link;
byB^wwiAfcdfls.Ga.aov/orim/Proarams/-G.oj<ernm<ant(l:lqirp<<asnv
The State of California has a Master AgreeVnent with the State Compensation Insurance Fund
regarding workers' compensation benefits for all state employees, as required by the Labor
Code.
v ^y'VYC'^-l^'JA^
Lynan Graf,
Associate Risk Analyst
Office of Risk and Insurance Management
Insurance Services Unit
Phone: (916)376-5290
Fax: (916) 376-5275
Lvnan.araf(a?das.ca.aov
Agreement 19-5035
CDSS/County of Fresno
Exhibit A - Attachment 3
Page 1 of 1
CALIFORNIA DEPARTMENT OF
GENERAL SERVICES
January 16,2019
STATE OF CALIFORNIA AUTOMOBILE
LIABILITY / PHYSICAL DAMAGE
FISCAL YEAR JULY 1, 2019 /JUNE 30,2020
To Whom It May Concern:
Please accept this letter as certification that the State of California has elected
to be setf-insured for liability and physical damage arising out of the ownership,
maintenance, and operation of land motor vehicles.
Under this program, the Office of Risk and Insurance Management administers
liability claims arising out of the operation of the vehicle. Physical Damage to
such_vehicle may be reimbursed by the Employing State Agency in accordance
with State Administrative Manual (SAM) sections 2420 and~4116.
Sincerely,
L<.Y-V-^G^--I .^J^^-^y
Lynan Graf
Department of General Services
Associate Risk Analyst
(916) 376-5290
Lvnan.Graf@das.ca.gov
Agreement 19-5035
CDSS/County of Fresno
Exhibit A - Attachment 4
Page 1 of 1
Agreement 19-5035 Page 1 of 5
CDSS/County of Fresno
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
A. Invoicing and Payment
1. The maximum amount payable under this Agreement shall not exceed $0.00. Shown
below are the amounts that cannot be exceeded for each of the fiscal year(s):
19/20 $0.00
20/21 $0.00
2. For services satisfactorily rendered, and upon receipt and approval of the invoice(s),
County agrees to pay CDSS for said services in accordance with the rates specified
below:
a. Invoicing for Family Evaluations
i. If Family Evaluations were identified in Exhibit A, Section VII, as part of this
Agreement, CDSS shall provide quarterly invoices in arrears for each quarter
in which the Family Evaluation services were completed. The quarterly
invoices shall include for each completed Family Evaluation the non-federal
cost per case rate.
ii. The CDSS shall track each Family Evaluation and invoice for the non-federal
share of $1,244 per each Family Evaluation.1 CDSS shall not invoice for the
amount of the services involving the federal funds share. The non-federal
share of costs for each fiscal year will be subject to change based on the
applicable federal discount rate for that year.
iii. The County shall pay CDSS quarterly for the completed Family Evaluations.
For payment the County will draw down funds from the General Fund RFA
allocation. Once the total RFA allocation is exceeded, the County will use its
Local Revenue Fund (LRF) for subsequent payment(s).
vi. If it is determined by CDSS that the average family evaluation greatly
exceeds the estimated hours, CDSS shall provide the documentation
regarding the number of hours to the County. For any extension of this
Agreement or subsequent agreement for these services the amount paid to
CDSS may be increased for the next fiscal year(s).
v. If the Exhibit A identifies that CDSS will provide only a portion of the
County’s Family Evaluations, the cost of the Family Evaluation shall be the
same as identified in section A, paragraph 2 (a) (ii), above.
1 The estimated cost to complete each Family Evaluation is $1,790.00. The federal funds share is $546.
Agreement 19-5035 Page 2 of 5
CDSS/County of Fresno
EXHIBIT B
(Standard Agreement)
b. Invoicing for Complaint Investigations
i. If Complaint Investigations were identified in Exhibit A, Section VII, as part of this
Agreement, CDSS shall provide quarterly invoices in arrears for each quarter in
which the Complaint Investigations were completed. The quarterly invoices shall
include, for each completed complaint investigation, the non-federal cost per case
rate.
ii. The CDSS shall track each Complaint Investigation and invoice for the non-federal
cost of $1,146.00. 2 CDSS shall not invoice for the amount of the services
involving the federal funds share. The non-federal share of costs for each fiscal
year will be subject to change based on the applicable federal discount rate for
that year.
iii. The County shall pay CDSS quarterly. For payment the County will draw down
funds from the General Fund RFA allocation. Once the total RFA allocation is
exceeded, the County will use its LRF for subsequent payment(s).
vi. If it is determined by CDSS that the average complaint investigation greatly
exceeds the estimated hours, CDSS shall provide the documentation regarding
the number of hours to the County. For any extension of this Agreement or
subsequent agreement for these services the amount paid to CDSS may be
increased for the next fiscal year(s).
v. If the Exhibit A identifies that CDSS will provide only a portion of the County’s
Complaint Investigations, the cost of the Complaint Investigation shall be the
same as identified in this Exhibit B, section A, paragraph 2 (b)(ii), above.
c. Invoicing for Home Health and Safety Assessments
i. If Home Health and Safety Assessments were identified in Exhibit A, Section VII,
as part of this Agreement, CDSS shall provide quarterly invoices in arrears for
each quarter in which the Home Health and Safety Assessments services were
completed. The quarterly invoices shall include, for each open Home Health and
Safety Assessment, the non-federal cost per case rate.
ii. The CDSS shall track each Home Health and Safety Assessment and invoice for
the non-federal share of cost of $256 per each Home Health and Safety
Assessment.3 CDSS shall not invoice for the amount of the services involving
2 The estimated cost to complete each Complaint Investigation is $1649.00. The federal funds share is
$503.00.
3 The estimated cost to complete each Home, Health and Safety Assessment is $368.00. The federal
funds share is $112.00.
Agreement 19-5035 Page 3 of 5
CDSS/County of Fresno
EXHIBIT B
(Standard Agreement)
the federal funds share. The non-federal share of costs for each fiscal will be
subject to change based on the applicable federal discount rate for that year.
iii. The County shall pay CDSS quarterly. For Payment the County will draw down
funds from the General Fund RFA allocation. Once the total RFA allocation is
exceeded, the County will use its Local Revenue Fund (LRF) for subsequent
payment(s).
iv. If it is determined by CDSS that the average Home Health and Safety
Assessment greatly exceeds the estimated hours, CDSS shall provide the
documentation regarding the number of hours to the County. For any extension of
this Agreement or subsequent agreement for these services the amount paid to
CDSS may be increased for the next fiscal year(s).
v. If the Exhibit A identifies that CDSS will provide only a portion of the County’s
Home Health and Safety Assessments, the cost of the Home Health and Safety
Assessments shall be the same as identified in this Exhibit B, section A,
paragraph 2 (c)(ii), above.
3. The County shall be responsible for payment of the contracted services and activities
provided by CDSS in accordance with rates above from the following sources and in the
following order:
* General Fund Resource Family Approval allocation (if such exists in the State
Budget);
* the County’s 2011 Realignment LRF; and
* other County funds.
4. Continuation of Services
In the event this Agreement expires or is terminated with open Family Evaluations,
Complaint Investigations, Home Health and Safety Assessments or Legal Consultations
or Legal Representation on Appeals/SHD and OAH Hearings, CDSS may complete such
actions in accordance with the terms of this Agreement; submit invoices as identified in
this Exhibit B, withhold a corresponding portion of the RFA Allocation to complete such
activities from a current or subsequent fiscal year, and receive payment from the County
from its LRF for a current or subsequent fiscal year.
5. Cost Increase
During the term of this Agreement, and as the Budget Act allows, CDSS and the County
may approve increases in the service levels for each of the services provided by CDSS
and increase the amount that the County shall pay CDSS from the County’s General
Fund RFA allocation and the LRF.
Agreement 19-5035 Page 4 of 5
CDSS/County of Fresno
EXHIBIT B
(Standard Agreement)
6. The following County Fiscal Letter(s) (CFL) is incorporated by reference:
CFL 16/17-45.
7. Invoices shall include the Agreement No. 19-5035 and Index Code 2570 and shall be
submitted in triplicate or as otherwise requested by the County nor more frequently than
quarterly in arrears to:
Fresno County DSS
1404 L Street
Fresno, CA 93721
Attn: Tricia Gonzalez, Deputy Director
8. Should the County receive services in excess of $750,000 in federal assistance,
Invoices shall include the CFDA number: 93.658 and the CFDA Program Title: Resource
Family Approval.
Any invoices submitted without the above referenced information may be returned to
CDSS for reprocessing.
9. For each invoice, the County shall route to the appropriate personnel responsible for the
prompt review and payment. For disputed invoices, if any, the County shall specifically
identify those services which are in dispute, for which additional information is
necessary, in its subsequent correspondence with CDSS.
10. Undisputed invoices shall be paid promptly, and no later than 45 days from receipt of the
original invoice. The County shall also pay for those services which are undisputed
within 45 days of receipt of the original invoice.
B. State Budget Contingency Clause
1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall be of no further force and effect. In this event, CDSS
shall have no liability to pay any funds whatsoever to Contractor or to furnish any other
considerations under this Agreement and Contractor shall not be obligated to perform
any provisions of this Agreement.
2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, CDSS shall have the option to either cancel this Agreement with no liability
occurring to the State, or offer an Agreement amendment to Contractor to reflect the
reduced amount.
C. For Contracts with Federal Funds
1. It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of Congressional appropriation of funds, for the
mutual benefit of both parties, in order to avoid program and fiscal delays which would
occur if the Agreement were executed after that determination was made.
2. This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the term of this Agreement for the purposes
of this program. In addition, this Agreement is subject to any additional restrictions,
Agreement 19-5035 Page 5 of 5
CDSS/County of Fresno
EXHIBIT B
(Standard Agreement)
limitations, or conditions enacted by the Congress or any statute enacted by the
Congress which may affect the provisions, terms, or funding of this Agreement in any
manner.
3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the
program, this Agreement shall be amended to reflect any reduction in funds.
4. CDSS, at its option, may terminate this Agreement upon 30-days notice, or to amend the
Agreement to reflect any reduction in Federal funds.
D. Review
Each party reserves the right to review service levels and billing procedures as they impact
charges against this Agreement.