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HomeMy WebLinkAboutAgreement A-20-213 with FC Superintendent of Schools.pdfCOUNTY OF FRESNO Fresno, CA - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT is entered into this _______ day of ______________, 2020, by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter referred to as “COUNTY” and the FRESNO COUNTY SUPERINTENDENT OF SCHOOLS, a California local educational agency, whose address is 1111 Van Ness Avenue, Fresno CA 93721, hereinafter referred to as “SUBRECIPIENT,” for the purpose of coordinating Educational Support for Dependent Youth (IV-E Foster Care Administrative Activities). WITNESSETH WHEREAS, COUNTY’s Department of Social Services is responsible for administration of the Title IV-E of the Social Security Act pursuant to Assembly Bill 490 (Chapter 862, Statutes of 2003) wherein the COUNTY is required to adhere to key provisions to support the educational opportunities within the best interest of the child in foster care; and WHEREAS, SUBRECIPIENT operates Foster Youth Services Coordinating Program, hereinafter referred to as “FYSCP,” and is responsible for providing services in accordance with Education Code Section 42920, 42926, et.seq., to serve dependent foster youth residing in Fresno County; and WHEREAS, the Title IV-E of the Social Security Act allows FYSCP agencies as defined in 45 CFR 1356.60(c) to claim reimbursement for Federal Title IV-E activities that include, but are not limited to, case plan development, referral to services, case reviews, case management and supervision; and WHEREAS, AB 854 requires a County Superintendent of Schools with a FYSCP to enter into an agreement with their County’s Child Welfare Department to leverage funds received in drawing down Title IV-E dollars to be paid to the County Superintendent of Schools. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the Parties hereto agree as follows: 1. SUBRECIPIENT RESPONSIBILITIES SUBRECIPIENT agrees to provide the following types of educational support, as described in Education Code Section 42921 and as guided by the FYSCP Executive Advisory Committee, to pupils in foster care (as defined in paragraph (b) of Educational Code Section 9th June Agreement No. 20-213 COUNTY OF FRESNO Fresno, CA - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42238.01): A. Work with the COUNTY to ensure no duplication of activities in serving foster youth; B. Work with the COUNTY to minimize changes in school placement for school stability; C. Support local education agencies in facilitating the prompt transfer of educational records between educational institutions when placement changes are necessary, ensure transfers are done at an educationally appropriate time, ensure appropriate partial credits are awarded and the pupil in foster care is quickly enrolled in classes; D. Provide education-related information to the COUNTY as necessary to assist in delivering services to foster children, including, but not limited to, educational status and progress information required for inclusion in court reports by Welfare and Institutions (“W&I”) Code Section 16010. E. Respond to requests from the juvenile court for information and work with the court to ensure the delivery or coordination of necessary educational services; F. Work to obtain, identify, and link children to mentoring, tutoring, vocational training, and other services designed to enhance the educational prospects of foster children; G. Facilitate communication between the foster care provider, the teacher, and any other school staff or education service providers for the child; H. Share information with the foster care provider regarding available training programs that address education issues for children in foster care; I. Refer foster care provider, and educational rights holders, of foster youth who have special education needs to special education programs and services; J. Refer foster youth to educational support and services; K. Refer foster youth to services that meet local needs identified through collaborative relationships and local advisory groups, which may include, but shall not be limited to, all of the following: 1. Mentoring; COUNTY OF FRESNO Fresno, CA - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Counseling; 3. Transition services; and 4. Education case management and services. L. Establish collaborative relationships and local advisory groups; M. Establish a mechanism for the efficient and expeditious transfer of health and education records and the health and education passport; N. Provide regular updates on the status, grades, and performance of Fresno County foster youth, including but not limited to 504 agreements, Individual Education Plans and evaluations, to the extent allowed by law; and O. Track data and report on outcomes via California Department of Education (CDE) Dashboard within the time schedule established in joint agreement with COUNTY’s Department of Social Services. Examples of these activities are further described in Exhibit A, Title IV-E Activities, Invoicing, and Procedures, attached hereto and by this reference incorporated herein. 2. COUNTY’S RESPONSIBILITIES County agrees to: A. Work in partnership with SUBRECIPIENT to achieve the identified goals and outcomes; B. Work with SUBRECIPIENT to coordinate issues, resolve problems, and facilitate the timely referral or notification of placement moves for eligible foster youth; C. Work with SUBRECIPIENT to implement a jointly-developed process for the sharing/mutual exchange of information and data for all youth served pursuant to this Agreement; D. Facilitate and participate in joint problem solving with SUBRECIPIENT to address youth needs while partnering to establish target youth populations; E. Provide a venue to leverage California Department of Education Foster Youth Services Coordinating Program funding to allow the claiming of Title IV-E allowable administrative costs; F. Provide on a quarterly basis Title IV-E discount rate to be used by COUNTY OF FRESNO Fresno, CA - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBRECIPIENT on their quarterly invoice. 3. TERM The term of this Agreement shall be for a period of three (3) years, commencing on July 1, 2020 through and including June 30, 2023. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods upon the approval of both parties no later than thirty (30) days prior to the first day of the next twelve month extension period. The DSS Director, or designee, is authorized to execute such written approval on behalf of COUNTY based on SUBRECIPIENT's satisfactory performance. 4. TERMINATION A Breach of Contract - COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of COUNTY there is: 1) An illegal or improper use of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to COUNTY; 4) Improperly performed service. In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of this Agreement or any default which may then exist on the part of SUBRECIPIENT. Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand of SUBRECIPIENT the repayment to COUNTY of any funds disbursed to SUBRECIPIENT under this Agreement, which were not expended in accordance with the terms of this Agreement. SUBRECIPIENT shall promptly refund any such funds upon demand or, at COUNTY option, such repayment shall be deducted from future payments owing to SUBRECIPIENT under this Agreement. B. Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by SUBRECIPIENT or COUNTY or COUNTY’s DSS Director or designee upon the giving of thirty (30) days advance written notice to the other party of the intention to terminate the Agreement. /// COUNTY OF FRESNO Fresno, CA - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. COMPENSATION For actual services provided as identified in the terms and conditions of this Agreement, including Exhibit A, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit B, attached here to and by this reference incorporated herein. In no event shall compensation for services performed under this Agreement be in excess of three hundred seventy nine thousand two hundred twenty two dollars ($379,222) for the period of July 1, 2020 to June 30, 2021. In no event shall compensation for services performed under this Agreement be in excess of three hundred ninety eight thousand one hundred eighty three dollars ($398,183) for the period of July 1, 2021 to June 30, 2022. In no event shall compensation for services performed under this Agreement be in excess of four hundred eighteen thousand ninety two dollars ($418,092) for the period of July 1, 2022 to June 30, 2023. In no event shall compensation for services performed under this Agreement be in excess of four hundred thirty eight thousand nine hundred ninety six dollars ($438,996) for the period of July 1, 2023 to June 30, 2024. In no event shall compensation for services performed under this Agreement be in excess of four hundred sixty thousand nine hundred forty six dollars ($460,946) for the period of July 1, 2024 to June 30, 2025. The maximum obligation of COUNTY under this agreement over the five year term shall not be in excess of two million ninety five thousand four hundred thirty nine dollars ($2,095,439), in accordance with Exhibit B, or the actual federal share of allowable federal costs, whichever is less. COUNTY shall submit a quarterly claim to California Department of Social Services (CDSS) for reimbursement from Title IV-E for allowable activities. SUBRECIPIENT should expect payment of Title IV-E funds after reimbursement is received by the COUNTY from CDSS ninety (90) days after submission of draw down claim or as shown in Exhibit A Section 2. SUBRECIPIENT is responsible for the MATCH amount, which is estimated at 50% to 60% of the total program cost, representing the non-federal share of cost calculated at the federal discount rate. SUBRECIPIENT shall certify the expenditure of this share of cost, and that these funds were not used as a match to any other federal program. The MATCH shall be documented on a quarterly claim and must be expended in order to claim Title IV-E reimbursement. SUBRECIPIENT is COUNTY OF FRESNO Fresno, CA - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 responsible to conduct a month long Time Study for each quarterly claim filed or as shown in Exhibit A Section 3. 6. INVOICING SUBRECIPIENT shall file claims to COUNTY’s DSS in arrears by the fifteenth (15th) day after services rendered in the previous quarter to: DSSinvoices@fresnocountyca.gov. Claims provided to COUNTY shall have the Non-Federal Discount Rate applied to the total cost of the invoice prior to submitting to COUNTY. At the discretion of COUNTY' s DSS Director or designee, if a claim is incorrect or is otherwise not in proper form or substance, COUNTY's DSS shall have the right to deny said claims. If claim is denied, COUNTY will provide SUBRECIPEINT the opportunity to correct the error and resubmit claim within the approved timelines. In the event SUBRECIPIENT fails to file a claim for a portion or the whole quarter, SUBRECIPIENT may submit a claim with the proceeding claim period. In the event the COUNTY or SUBRECIPIENT make an error in any claim, the COUNTY or SUBRECIPIENT may submit a corrected claim as shown in Exhibit A Section 2. COUNTY’s obligation for payment to SUBRECIPIENT under this Agreement will be limited to the amounts claimed, including corrected claims, as reimbursed by CDSS. 7. MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. 8. INDEPENDENT CONTRACTOR In performance of the work, duties, and obligations assumed by SUBRECIPIENT under this Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. COUNTY OF FRESNO Fresno, CA - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters which are directly or indirectly the subject of this Agreement. Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating to payment of SUBRECIPIENT's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to COUNTY or to this Agreement. 9. NON-ASSIGNMENT Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 10. HOLD-HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement. COUNTY agrees to indemnify, save, hold harmless, and at SUBRECIPIENT’s request, defend SUBRECIPIENT, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to SUBRECIPIENT in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the COUNTY OF FRESNO Fresno, CA - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 performance, or failure to perform, of COUNTY, its officers, agents, or employees under this Agreement. In addition, SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY’s request, defend COUNTY, its officer, agents and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with any claim that a foster youth, for whom SUBRECIPIENT or any school districts within Fresno County had responsibilities under the Individuals with Disabilities Education Act (20 U.S.C. section 1400 et seq.), was denied a free appropriate public education (FAPE). 11. INSURANCE Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. SUBRECIPIENT shall obtain endorsements to the Commercial General Liability COUNTY OF FRESNO Fresno, CA - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but SUBRECIPIENT’s waiver of subrogation under this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement. Within thirty (30) days from the date SUBRECIPIENT executes this Agreement, SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, DSS Administration, P.O. Box 1912, Fresno, CA 93718-1912, Attention: DSS Staff Analyst, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. COUNTY OF FRESNO Fresno, CA - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 12. SUBCONTRACTS SUBRECIPIENT shall obtain written approval from COUNTY's DSS Director, or designee before subcontracting any of the services delivered under this Agreement. Any transferee, assignee, or subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the performance of any transferee, assignee, or subcontractor unless otherwise expressly agreed to in writing by COUNTY’s DSS Director, or designee. The use of subcontractors by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional compensation that is provided for under this Agreement. 13. CONFIDENTIALITY Both Parties and their officers, employees, agents and subcontractors shall comply with W&I Code Section 10850, 45 CFR Section 205.50 and all other applicable provisions of law which provide for the confidentiality of records and prohibit their being opened for examination for any purpose not directly connected with the administration of public social services. Whether or not covered by W&I Code Section 10850 or by 45 CFR Section 205.50, confidential medical or personnel records and the identities of clients and complainants shall not be disclosed unless there is proper consent to such disclosure or a court order requiring disclosure. Confidential information gained by SUBRECIPIENT from access to any such records, and from contact with its clients and complainants, shall be used by SUBRECIPIENT only in connection with its conduct of the program under this contract. COUNTY, through the Director, shall have access to such confidential information and records to the extent allowed by law and such information and records in the hands of COUNTY shall remain confidential and may be disclosed only as permitted by law. Additionally, both parties and their officers, employees, agents and subcontractors shall comply with W&I Code section 825 and 827 et seq., and all other applicable provisions of law, relating to the confidentiality of juvenile case files and documents. COUNTY OF FRESNO Fresno, CA - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. RECORDS SUBRECIPIENT shall prepare and maintain all reports and records that may be required by Federal, State or COUNTY rules and regulations and shall furnish such reports and records to COUNTY and to the State and Federal governments, upon request. SUBRECIPIENT shall maintain and preserve all records related to this Agreement (and shall assure the maintenance of such records in the possession of any third party performing work related to this Agreement) for a period of five (5) years from the date of final payment under this AGREEMENT and beyond the five year period until any pending litigation, claim, negotiation, audit exception or other action involving this contract is resolved. 15. AUDITS AND INSPECTIONS SUBRECIPIENT shall at any time during business hours, and as often as COUNTY may deem necessary, make available to COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. SUBRECIPIENT shall, upon request by COUNTY, permit COUNTY to audit and inspect all such records and data necessary to ensure SUBRECIPIENT's compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), SUBRECIPIENT shall be subject to the examination and audit of the State of California Auditor General for a period of three (3) years after final payment under contract (California Government Code section 8546.7). In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review process and comply with all final determinations rendered by the COUNTY’s fiscal review process. If COUNTY reaches an adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in the disallowance of payment for services rendered, or in additional controls to the delivery of services, or in the termination of this Agreement, at the discretion of COUNTY’s DSS Director or designee. If as a result of COUNTY’s fiscal review process a disallowance is discovered due to SUBRECIPIENT’s deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT’s future payments, at the discretion of COUNTY’s DSS Director or designee. In COUNTY OF FRESNO Fresno, CA - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 addition, COUNTY shall have the sole discretion in the determination of fiscal review outcomes, decisions and actions. SUBRECIPIENT shall be financially responsible for audit exceptions on disallowances by the State and Federal Government. SUBRECIPIENT shall provide audit records in compliance with 2 CFR part 200 Subparts E and F (previously OMB Circular A-122) and provide a copy of the organizational wide audit annually. Failure to do so may end in the denial of payment under this or subsequent Agreement's. 16. SINGLE AUDIT CLAUSE As a sub recipient of Federal financial assistance, SUBRECIPIENT agrees to provide copies of their audit reports, performed in accordance with the requirements of the Single Audit Act of 1984 (31 USC section 7502) and subject to the terms of Office of Management and Budget (OMB) Circulars (A-110, A-122 and A-133), to the County of Fresno. Such audits shall be delivered to COUNTY’s DSS, for review not later than nine (9) months after the close of the subrecipients’ fiscal year in which the funds supplied through this Agreement are expended and/or received for this program. The audits must include a statement of findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT must include a corrective action plan signed by an authorized individual. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks, or, at COUNTY’s option, contracting with a qualified accountant to perform this audit. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective actions to eliminate any material noncompliance or weakness found as a result of such audits. Audit work performed by COUNTY under this paragraph shall be billed at COUNTY cost as determined by COUNTY’s Auditor-Controller/Treasurer-Tax Collector. 17. NOTICE The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY Director, Department of Social Services PO BOX 1912 Fresno, CA 93718-1912 SUBRECIPIENT Superintendent, Fresno County Superintendent of Schools 1111 Van Ness Avenue Fresno, CA 93721 COUNTY OF FRESNO Fresno, CA - 13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 18. ENTIRE AGREEMENT This Agreement, including all Exhibits, constitutes the entire Agreement between SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// /// /// /// /// 1 IN WI T NESS WHEREOF, the parties hereto have executed this Agreement as of the day and 2 year first hereinabove written. 3 4 Fresno County Superintenden COUNTY OF FRESNO 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 23 24 25 26 27 28 Sch s ) Ernest Buddy Mendes, C irman of the Board of Supervisors of the County of _Dt_. _Ka_theyn--=--_Ca_ta._.li--=a_'---..___.'--S_!JP«lntendeatsno M ailing Address FOR ACCOUNTING USE ONLY: Fund: 0001/10000 ORG : 56107001 Account: 7870/0 Mai ling Address: 1111 Van Ness Avenue Fresno , CA 93721 Phone No.: (559) 265-3000 ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno, State of Californ ia Contact: Director, Foster Youth Services Coord i nating Program -14 -COUNTY Of FRESNO Fresno, Cl'. Exhibit A Page 1 of 5 Title IV-E Activities, Claims, and Procedures Organization: Fresno County Superintendent of Schools Address: 1111 Van Ness Avenue Fresno, CA 93721 Telephone: (559)265-3000 Contact: Pamela Hancock 1.Activity Non-exclusive examples of FYSCP Services & Activities Working with Child Welfare Department to minimize changes in school placement -Processing potential school change forms -Trainings, inquiries, professional development, advisory. Support Local Educational Agencies in facilitating the prompt transfer of educational records between educational institutions when placement changes are necessary, ensure transfers are done at an educationally appropriate time, ensure appropriate partial credits are awarded and the pupil in Foster Care is quickly enrolled in classes -Foster Focus – Child Welfare Services / Case Management System report/uploads -Foster Focus- uploading/scanning records such as transcripts, education documents -Advocacy/emails to award partial credits, inquiries, trainings, professional development -Records requests and transfer of records to/from schools, facilitating transfer -Maintaining Foster Focus database, consulting, training Provide education-related information to the Child Welfare Department to assist in delivering services to, educational status and progress information required for inclusion in court reports -Maintaining Foster Focus database, consulting, professional development, training -Transfer of educational records to the Child Welfare Department Education Liaisons or Social Workers, Probation Officers. -Providing educational information through email to the Child Welfare Department Education Liaison, Social Workers, Probation Officers. Respond to requests from the juvenile court for information and work with the court to ensure the delivery or coordination of necessary educational services -Training professional development -Inquires Exhibit A Page 2 of 5 Activity FYSCP Services & Activities Examples Work to obtain, identify and link children to mentoring, tutoring, vocational training, and other services designed to enhance the educational prospects of foster children -Emails consulting with counselors, foster parents and teachers -Academic counseling referral (referring student to their counselor after iPlan consultation) -Independent Living Program referral -Infant/preschool/head start/intervention referral -Referral for birth certificate -Referral for California identification card -Referral to district for tutoring, academic intervention, or other district services - Summer enrichment programs – referrals, recruiting -Referral to college support programs (Next Up/ Renaissance Scholars, etc.) -College/career events (preparation only) Facilitating communication between the foster care provider, the teacher, and any other school staff or education service providers for the child -JV-535 uploads so districts can identify who holds education rights -Contact list – when people are referred to Education Liaisons - Link Child Welfare Education Liaison, Social Worker, Probation Officer, etc. -iPlan (inquiries) Sharing information with the foster care provider regarding available training programs that address education issues for children in foster care -Preparation for trainings/workshops and conducting trainings -College/career events (planning) -iPlan development -Adult/counselor iPlan trainings Referring foster care provider of foster youth who have special education programs & services -Consultation or referral to district special education contacts Refer Foster Youth to Educational Support and Services -Emails consulting with counselors, foster care provider and teachers -Academic counseling referral (referring student to their counselor after iPlan consultation) -Independent Living Program referral -Infant/preschool/head start/intervention referral -Referral for birth certificate -Referral for California identification card -Referral to district for tutoring, academic intervention, or other district services -Summer enrichment programs – referrals, recruiting -Referral to college support programs (Next Up/ Renaissance Scholars, etc.) -College/career events (preparation only) -Inquiries -Staff meetings, advisory meeting Exhibit A Page 3 of 5 Activity FYSCP Services & Activities Examples Refer foster youth to services that meet local needs identified through collaborative relationships and local advisory groups, which may include, but shall not be limited to, 1)Mentoring, 2) Counseling, 3) Transitional Services, & 4) Emancipation Services -Emails consulting with counselors, foster care provider and teachers -Academic counseling referral (referring student to their counselor after iPlan consultation) -Independent Living Program referral -Infant/preschool/head start/intervention referral -Referral for birth certificate -Referral for California identification card -Referral to District for tutoring, academic intervention, or other district services -Summer enrichment programs – referrals, recruiting -Referral to college support programs (Next Up/ Renaissance Scholars, etc.) -College/career events (preparation only) Facilitation of timely Individualized Education Programs -Consultation or referral to district special education contacts Establishing collaborative relationships & local advisory groups -Advisory Committee meetings -Other committee meetings (Foster Care and Oversight, Early Childhood Collaborative, ACCESS, etc.) -Planning meetings -Staffing meetings Establish a mechanism for the efficient and expeditious transfer of health and education records and the health and education passport -Data/database consultation and development. -Foster Focus database maintenance (uploads, new users, training) Providing regular updates on the status, grades, and performance of Fresno County Foster Youth -Transcript analysis -Foster Focus database entries -Communication with counselors of student needs after iPlan consultation -Communication regarding academic progress -Maintenance Tracking Data & reporting outcomes within the time schedule established in joint agreement with Child Welfare Department -Data processed for presentations, agencies, etc. -Automation Specialist activities Exhibit A Page 4 of 5 2. Claims: Claims to be sent to: DSSinvoices@fresnocountyca.gov Billing Quarter Months Claim Submission Deadline Expected Title IV-E Payment To FCSS (90 Days) Corrected Claims Submission Deadline Corrected Claims Expected Title IV-E Payment To FCSS 1 July, August, September October 15th January 4th Quarter claim October 2 October, November, December January 15th April 1st Quarter claim January 3 January, February, March May 15th July 2th Quarter claim April 4 April, May, June July 15th October 3th Quarter claim July 3. Procedures A month long Time Study will be conducted for each quarterly claim filed by FCSS. Quarter Quarterly Time Study is Conducted for Following Months Corresponding Months in Quarter 1 August 1 through August 31st July, August, September 2 November 1st through November 30th October, November, December 3 February 1st through February 28th/29th January, February, March 4 May 1st through May 30th April, May, June 4.Sample Claim Form As provided by the State of California All County Letter (ACL) No. 16-91, attached on the following page. I N S E R T _ C O E Title IV-E Administrative Funding Contract Claim IVerification of Match Reported INSERT MONTH YEAR-INSERT MONTH YEAR QUARTERLY BUDGET & INVOICE FOR THE QUARTER OF: Verification of sufficient match reported/claimed on the monthly invoice: Ihereby certify that this report is correct and complete to the best of my knowledge and that the costs are eligible pursuant to the terms of the contract. In addition I certify that the funds used as the county share meet all requirements for matching federal Title IV-E and are not used as match for any other funding source. Authorized Signature Approved for Payment: Print Name I Title Date Authorize County Representative Title IV-E MOU Date INSERT MONTH YEAR-INSERT MONTH YEAR Category Budget Program Budget Contract Budget Match TITLE IV-E FOSTER YOUTH SERVICES TOTAL PROGRAM COST INVOICE AMOUNT Total Program Costs Quarterly Contract Costs Match YTD Contract YTD Match SAMPLEExhibit A Page 5 of 5 Exhibit B Page 1 of 1 Percent FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 Total FCSS Budget 2,012,852$ 2,113,495$ 2,219,170$ 2,330,129$ 2,446,635$ Non-Eligible Activities 37.20% 748,781$ 786,220$ 825,531$ 866,808$ 910,148$ Eligible Title IV E Activities 62.80% 1,264,071$ 1,327,275$ 1,393,639$ 1,463,321$ 1,536,487$ Percent FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 All Eligible Title IV E Activities 1,264,071$ 1,327,275$ 1,393,639$ 1,463,321$ 1,536,487$ Non-Federal Eligible Activities (Non- Federal Discount Rate)40.00% 505,628$ 530,910$ 557,456$ 585,328$ 614,595$ Federally Eligible Activities 60.00% 758,443$ 796,365$ 836,183$ 877,993$ 921,892$ Percent FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 Federally Eligible Activities 758,443$ 796,365$ 836,183$ 877,993$ 921,892$ Federal Financial Participation Rate 50.00% 379,221$ 398,182$ 418,091$ 438,996$ 460,946$ Total Allowable Federal Cost (Annual Title IVE Draw Down)379,222$ 398,183$ 418,092$ 438,996$ 460,946$ 2,095,439$ Total Five Year Cumulative Draw Down Fresno County Superintendent of Schools - Foster Youth Services Maximum Eligible Title IV E Draw Down Budget Breakdown of Eligible Activities Breakdown of Eligible Activities / Federal and Non-Federal Breakdown of Federally Eligible Activities