HomeMy WebLinkAbout32135AGREEMENT NO.15-295
AGREEMENT
THIS AGREEMENT is made and entered into this _VW^day of "3ur\(L ,2015,by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
referred to as "COUNTY",and STATE CENTER COMMUNITY COLLEGE DISTRICT,a
Community College District an Educational Institution,whose address is 1525 East Weldon,Fresno
CA 93704 hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS,pursuant to the California Work Opportunity and Responsibility to Kids Act
(Welfare and Institutions Code sections 11200 et seq,hereinafter called "CalWORKs")and 42 United
States Code sections 601 el seq.(Temporary Assistance for Needy Families (TANF)Block Grant),
COUNTY is mandated and funded to deliver a time-limited structural sequence of employment related
activities and supportive services that are designed to maximize unsubsidized employment
opportunities to able-bodied,non-exempt CalWORKs public assistance applicants and recipients;and
WHEREAS,COUNTY'S Department of Social Services (DSS),has developed and submitted to
the State of California,a CalWORKs COUNTY Plan,meeting the requirements of the CalWORKs Act
to deliver employment and training services to public assistance recipients;and
WHEREAS,COUNTY is authorized to enter into an Agreement with CONTRACTOR for such
services pursuant to CalWORKs and the rules and regulations ofthe California Department of Social
Services;and
WHEREAS,CONTRACTOR has submitted a Statement of Capability and Experience which
demonstrate qualifications to provide such services.
NOW,THEREFORE,in consideration of their mutual covenants and conditions,the parties
hereto agree as follows:
1-SERVICES
A.CONTRACTOR shall provide all services as set forth in Exhibit A,Summary of
Services,attached hereto and by this reference incorporated herein.
B.Additionally,CONTRACTOR shall provide all services in accordance with the State
of California's Social Services Manual of Policies and Procedures,Eligibility and Assistance
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1 Standards, incorporated herein by reference.
2 C. COUNTY shall provide services as set forth in the Summary of Services, identified in
3 Exhibit A, page three (3), under the heading "COUNTY SHALL BE RESPONSIBLE FOR THE
4 FOLLOWING".
5 2. TERM
6 This Agreement shall become effective on the 1st day of July, 2015 and shall terminate on
7 the 301h day of June, 2016.
8 This Agreement shall renew for four (4) additional twelve (12) month periods upon the
9 terms and conditions herein set forth, unless written notice of non-renewal is given by either
10 CONTRACTOR or COUNTY no later than thirty (30) days prior to the renewal period.
11 3. TERMINATION
12 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
13 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
14 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
15 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
16 B. Breach of Contract-COUNTY may immediately suspend or terminate this
17 Agreement in whole or in part, wherein 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;
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20 3) A substantially incorrect or incomplete report submitted to COUNTY;
21 4) Improperly performed service.
2 2 In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
2 3 breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Neither
2 4 shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or
2 5 default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY of
2 6 any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY
2 7 were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly
2 8 refund any funds upon demand or, at COUNTY's option such repayment shall be deducted from future
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C. Without Cause-Under circumstances other than those set forth above, this Agreement
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may be terminated by CONTRACTOR, COUNTY, COUNTY DSS Director or designee upon the
giving of thirty (30) days advance written notice of an intention to terminate.
5 4. COMPENSATION
6 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
7 compensation for actual services provided, as identified in Exhibit A, in accordance with Exhibit B,
8 Budget Summary, attached hereto and by this reference incorporated herein. Payment shall be made
9 upon certification or other proof satisfactory to COUNTY's DSS, that services have actually been
10 performed by CONTRACTOR as specified in this Agreement. Allowable expenditures under this
11 Agreement are specifically established and identified in Exhibit B. In no event shall compensation for
12 services performed under this Agreement be in excess of Four Hundred Thousand and No/100 Dollars
13 ($400,000.00) during any 12 month period. The cumulative total for services performed under this
14 Agreement shall not, during the 5 year period, be in excess of Two Million and No/100 Dollars
15 ($2,000,000). It is understood that all expenses incidental to CONTRACTOR's performance of
16 services under this Agreement shall be borne by CONTRACTOR.
17 To the extent permitted by State and Federal rules and regulations, advanced payment of up
18 to twenty percent (20%) ofthe compensation under this Agreement may be requested of COUNTY by
19 CONTRACTOR. Advance payments shall be limited to implementation costs for new and/or
2 0 expanded services only. Approval of an advanced payment is at the sole discretion of COUNTY's DSS
21 Director, or designee. If advanced payment occurs, the amount of the advanced payment shall be
22 deducted in equal installments from claims submitted for the final six (6) months of the term in which
2 3 the advance was made during this Agreement.
2 4 Except as provided above regarding advanced payment and as provided below regarding
2 5 state payment delays, payments by COUNTY shall be in arrears, for services provided during the
2 6 preceding month, within forty-five (45) days after receipt and verification of CONTRACTOR's
27 invoices by COUNTY's DSS. If CONTRACTOR should fail to comply with any provision ofthis
2 8 Agreement, COUNTY shall be relieved of its obligation for further compensation with respect to
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services that CONTRACTOR has not performed; however, COUNTY remains obligated to and shall
pay CONTRACTOR for all services performed in accordance with this Agreement. All final claims
shall be submitted by CONTRACTOR within sixty (60) days following the final month of service for
which payment is claimed. No action shall be taken by COUNTY on claims submitted beyond the
sixty (60) day closeout period. Any compensation which is not expended by CONTRACTOR pursuant
to the terms and conditions of this Agreement shall automatically revert to COUNTY. The services
provided by the CONTRACTOR under this Agreement are funded in whole or in part by the State of
California. In the event that funding for these services is delayed by the State Controller, County may
defer payment to CONTRACTOR. The amount of the deferred payment shall not exceed the amount
of funding delayed by the State Controller to the COUNTY. The period oftime ofthe deferral by
COUNTY shall not exceed the period of time of the State Controller's delay of payment to COUNTY
plus forty-five (45) days.
13 5. INVOICING
14 CONTRACTOR shall invoice COUNTY monthly by the 20th of the following month
15 services were performed and emailed to: dssinvoices@co.fresno.ca.us.
16 6. INDEPENDENT CONTRACTOR
17 In performance of the work, duties and obligations assumed by CONTRACTOR under this
18 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
19 CONTRACTOR's officers, agents and employees will at all times be acting and performing as an
2 0 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
21 employee, joint venturer, partner or associate of COUNTY. Furthermore, COUNTY shall have no
2 2 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its
2 3 work and function. However, COUNTY shall retain the right to administer this Agreement so as to
2 4 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
2 5 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
2 6 rules and regulations, if any, of government authorities having jurisdiction over matters which are
27 directly or indirectly the subject ofthis Agreement.
2 8 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no
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right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required
employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY
harmless from all matters relating to payment of CONTRACTOR'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, CONTRACTOR may be providing services to others unrelated
to COUNTY or to this Agreement.
8 7. MODIFICATION
9 A. Any matters of this Agreement may be modified from time to time by the written
10 consent of CONTRACTOR and COUNTY without, in any way, affecting the remainder.
11 Notwithstanding the above, changes to line items in the budget, attached hereto as Exhibit B, that do
12 not exceed 10% ofthe annual maximum compensation payable to CONTRACTOR, may be made with
13 the written approval of COUNTY's DSS Director, or designee. Said budget line item changes shall not
14 result in any change to the maximum compensation amount payable to CONTRACTOR, as stated
15 herein.
16 B. CONTRACTOR hereby agrees that changes to the compensation under this Agreement
17 may be necessitated by a reduction in funding from State or Federal sources. CONTRACTOR further
18 understands that this Agreement is subject to any restrictions, limitations, or enactments of all
19 legislative bodies which affect the provisions, term, or funding of this Agreement in any manner.
2 0 8. NON-ASSIGNMENT
21 Neither party shall assign or transfer this Agreement nor their rights or duties under this
2 2 Agreement without the prior written consent of the other party.
2 3 9. HOLD-HARMLESS
24 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
25 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
2 6 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to COUNTY
2 7 in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents or
2 8 employees under this Agreement, and from any and all costs and expenses, including attorney fees and
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court costs, 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
CONTRACTOR, its officers, agents or employees under this Agreement. In addition, CONTRACTOR
agrees to indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting
from non-compliance herein on the part of CONTRACTOR.
10. INSURANCE
Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the following
insurance policies, or self-insurance, throughout the term of this Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00.) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of not
less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five
Hundred Thousand Dollars ($500,000.00) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined
single limit ofFive Hundred Thousand Dollars ($500,000.00). If CONTRACTOR
provides transportation to COUNTY CalWORKs participants in connection with this
Agreement, a combined single limit of not less than One Million Dollars ($1 ,000,000)
is required. Coverage should include owned and non-owned vehicles used in
connection with this Agreement.
C. Professional Liability
If CONTRACTOR 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.
E. Equipment Insurance
A policy or policies with minimum coverage(s) of Five Thousand Dollars ($5,000) to
replace any equipment provided by COUNTY to CONTRACTOR, or purchased by
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CONTRACTOR with funds provided through this Agreement, for CONTRACTOR's
use in fulfilling its obligations under this Agreement. Said policy or policies shall
provide coverage(s) against loss of any such equipment resulting from casualty such as
fire, theft or any other disappearance, and damage that renders such equipment
inoperable and regardless of cause. The policy or policies shall be endorsed naming
County of Fresno as loss payee.
CONTRACTOR shall obtain endorsements to the Commercial General Liability 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 the COUNTY, its officers, agents and employees shall be in excess only and
not contributing with insurance provided under the CONTRACTOR's policies herein. This insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given
to COUNTY.
Within thirty (30) days from the date CONTRACTOR signs this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all the
foregoing policies, as required herein, to the Fresno County Department of Social Services, P.O. Box
1912, Fresno, California, 93718-1912, Attention: CalWORKs Staff Analyst, stating that such
insurance coverages 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 with respect to claims,
causes of action, actions, and liabilities caused by CONTRACTOR and/or its officers, employees, and
agents, as primary insurance and any other insurance, or self-insurance, maintained by the COUNTY,
its officers, agents and employees, shall be excess only and not contributing with insurance provided
under CONTRACTOR'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 CONTRACTOR 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
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Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of A FSC VII
or better.
11. SUBCONTRACTS
CONTRACTOR shall obtain written approval from COUNTY or COUNTY's DSS
Director, or designee before subcontracting any of the services delivered under this Agreement. Any
subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
Federal regulations. CONTRACTOR shall be held primarily responsible by COUNTY for the
performance of any subcontractor unless otherwise expressly agreed to in writing by COUNTY. The
use of subcontractors by CONTRACTOR shall not entitle CONTRACTOR to any additional
compensation than is provided for under this Agreement.
12. CONFLICT OF INTEREST
No officer, employee or agent of COUNTY who exercises any function or responsibility for
planning and carrying out the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. CONTRACTOR shall comply with all Federal, State and
local conflict of interest laws, statutes and regulations, which shall be applicable to all parties and
beneficiaries under this Agreement and any officers, employee or agent of COUNTY.
13. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR changes
its status to operate as a corporation.
Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and submitting it
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to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
14. NON-DISCRIMINATION
CONTRACTOR hereby agrees that in the performance of this Agreement, it will comply
with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation
Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of
1977, as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of
1990; California Civil Code Section 51 et seq., as amended; California Government Code section
11135-11139.5, as amended; California Government Code section 12940 (c), (h) (1), (i), and G);
California Government Code section 4450; Title 22, California Code of Regulations section 98000 -
98413; Title 24 of the California Code of Regulations, Section 3105A(e); the Dymally-Alatorre
Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 ofthe
Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws,
as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80,
84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the
administration of public assistance and social services programs are nondiscriminatory, to the effect
that no person shall, because of ethnic group identification, age, sex, color, disability, medical
condition, national origin, race, ancestry, marital status, religion, religious creed or political belief, be
excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination
under any program or activity receiving federal or state financial assistance. Contractor agrees that it
will immediately take any measures necessary to effectuate the terms of this Non-Discrimination
agreement.
CONTRACTOR gives the above agreement in consideration of and for the purpose of
obtaining any and all federal and state assistance. CONTRACTOR hereby agrees that administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the
objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures
(MPP) Chapter 21, will be prohibited.
CONTRACTOR agrees to compile data, maintain records and submit reports as required by
this Agreement; to permit effective enforcement of the aforementioned laws, rules and regulations and
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permit authorized COUNTY, CDSS and/or federal government personnel, during normal working
hours, to review records, books and accounts of CONTRACTOR relevant to this Agreement as needed
to ascertain compliance. If there are any violations of this Non-Discrimination section, CDSS shall
have the right, upon written notice to CONTRACTOR, to invoke fiscal sanctions or other legal
remedies in accordance with Welfare and Institutions Code section 10605, or Government Code section
11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for
further compliance action and enforcement of this section. Furthermore, if an allegation of
discrimination occurs, COUNTY may withhold all further funds, until CONTRACTOR can show clear
and convincing evidence to the satisfaction of COUNTY that funds provided under this Agreement
were not used in connection with the alleged discrimination.
15. RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
CONTRACTOR shall ensure that its employment recruitment efforts relating to this
Agreement, including administrative and professional staff positions, are carried out so as to adequately
reflect the cultural and ethnic diversity ofthe population of Fresno County. CONTRACTOR, in
performance of this Agreement, shall use its best efforts to serve all cultural and ethnic groups residing
in Fresno County. CONTRACTOR's employment efforts relating to this Agreement will be monitored
by COUNTY at periodic intervals.
16. LIMITED ENGLISH PROFICIENCY
CONTRACTOR shall provide interpreting and translation services to persons participating
in CONTRACTOR's services provided under this Agreement who have limited or no English language
proficiency, including services to persons who are deaf or blind. Interpreter and translation services
shall be provided as necessary to allow such participants meaningful access to the programs, services
and benefits provided by CONTRACTOR under this Agreement. Interpreter and translation services,
including translation of CONTRACTOR's "vital documents" (those documents that contain
information that is critical for accessing CONTRACTOR's services or are required by law) shall be
provided to participants at no cost to the participant. CONTRACTOR shall ensure that any employees,
agents, subcontractors, or partners who interpret or translate for a program participant, or who directly
communicate with a program participant in a language other than English, demonstrate proficiency in
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the participant's language and can effectively communicate any specialized terms and concepts
peculiar to CONTRACTOR's services under this Agreement.
17. CONFIDENTIALITY AND MEDI-CAL PRIVACY
All services performed by CONTRACTOR under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and/or local laws and regulations relating
to confidentiality including, but not limited to: California Welfare and Institutions Code Sections
10850 and 141 00.2; the CDSS Manual of Policies and Procedures, Division 19-0000; the California
Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H;
and the Medi-Cal Data Privacy and Security Agreement between the California DHCS and the County
of Fresno, Agreement No. A-14-075, by this reference incorporated herein, to assure that all
applications and records concerning program recipients shall be kept confidential and shall not be
opened to examination, publicized, disclosed, or used for any purpose not directly connected with
administration of the program. Agreement No. A-14-075 is available upon request or can be viewed
at: http://www.co.fresno.ca.us/MediCalPrivacy/. CONTRACTOR shall inform all of its employees,
agents, officers, subcontractors, Board of Directors members or partners of this provision; and that any
person knowingly and intentionally violating this provision is guilty of a misdemeanor.
18. DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent
disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
contractual relationship with COUNTY for the purpose of providing services under this Agreement
must employ adequate data security measures to protect the confidential information provided to
CONTRACTOR by COUNTY, including but not limited to the following:
A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
COUNTY networks via personally owned mobile, wireless or handheld devices, except when
authorized by COUNTY for telecommuting and then only if virus protection software currency
agreements are in place, and if a secure connection is used.
B. Contractor-Owned Computers or Computer Peripherals may not brought into COUNTY
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for use, including and not limited to mobile storage devices, without prior authorization from
COUNTY's Chieflnformation Officer or her designee. Data must be stored on a secure server
approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
another type of secure connection of this type if any data is approved to be transferred.
C. County-Owned Computer Equipment-CONTRACTOR or anyone having an
employment relationship with COUNTY may not use COUNTY computers or computer peripherals
on non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or
her designee.
D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data on any
hard-disk drive.
E. CONTRACTOR is responsible to employ strict controls to insure the integrity and
security of COUNTY's confidential information and to prevent unauthorized access to data
maintained in computer files, program documentation, data processing systems, data files and data
processing equipment which stores or processes COUNTY data internally and externally.
F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
128 BIT or higher. Additionally, a password or pass phrase must be utilized.
G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches or
potential breaches of security related to COUNTY's confidential information, data maintained in
computer files, program documentation, data processing systems, data files and data processing
equipment which stores or processes COUNTY data internally or externally.
H. In the event of a breach of security related to COUNTY's confidential client information
provided to CONTRACTOR, COUNTY will manage the response to the incident, however,
CONTRACTOR will be responsible to issue any notification to affected individuals as required by law
or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be responsible for
all costs incurred as a result of providing the required notification. When no longer needed, all Medi-
Cal Personally Identifiable Information, as defined in the Medi-Cal Data Privacy and Security
Agreement between the California DHCS and the County of Fresno, Agreement No. A-14-075,
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whether stored in print or electronic format, must be destroyed or disposed of through confidential
means, as described in Agreement A-14-075. Agreement No. A-14-075, is available upon request or
can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/.
I. The requirements in this Data Security provision shall apply to CONTRACTOR's
subcontractors, if any.
19. CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/1 00
Dollars ($1 00,000.00), CONTRACTOR shall comply with all applicable standards, orders or
requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water
Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated
thereunder. Under these laws and regulations, CONTRACTOR shall assure:
A. No facility shall be utilized in the performance of the Agreement that has been listed
13 on the Environmental Protection Agency (EPA) list of Violating Facilities;
14 B. COUNTY shall be notified prior to execution of this Agreement of the receipt of any
15 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
16 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
17 Violating Facilities;
18 C. COUNTY and U.S. EPA shall be notified about any known violation ofthe above
19 laws and regulations; and
20 D. This assurance shall be included in every nonexempt subgrant, contract, or
21 subcontract.
2 2 20. DRUG-FREE WORKPLACE REQUIREMENTS
2 3 CONTRACTOR hereby provides the certification that is required by regulations
2 4 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F, requiring the
2 5 maintenance of a drug-free workplace. False certification or violation of the certification shall be
2 6 grounds for suspension of payments, suspension or termination of grants, or government wide
2 7 suspension or debarment. CONTRACTOR shall also comply with the requirements of the Drug-Free
28 Workplace Act of 1990 (California Government Code section 8350 et seq.).
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21. DEBARMENT-CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANSACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be used
5 under the terms of this Agreement. CONTRACTOR, hereby certifies, as required by the regulation
6 implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510,
7 Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal
8 Register (pages 19160-19211 ), the following:
9 1) Neither it nor its principals are presently debarred, suspended, proposed for
10 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
11 Federal department or agency.
12 2) Shall not knowingly enter into any lower tier covered transaction with a person
13 who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
14 covered transaction, unless unauthorized by the Federal department or agency with which this
15 transaction originated.
16 3) Where CONTRACTOR is unable to certify to any of the statements in this
17 certification, CONTRACTOR shall attach an explanation to this Agreement.
18 4) Provide immediate written notice to COUNTY if at any time CONTRACTOR
19 learns that its certification in Paragraph Twenty-Two (22) of this Agreement was erroneous when
2 0 submitted or has become erroneous by reason of changed circumstances.
21 5) Include a clause identical to Paragraph Twenty-Two (22) of this Agreement and
22 titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
2 3 Tier Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier
2 4 covered transaction.
25 6) This assurance shall be included in every nonexempt subgrant, contract, or
2 6 subcontract that CONTRACTOR enters into relating to this Agreement.
27 7) The certification in Paragraph Twenty-Two (22) of this Agreement is a material
2 8 representation of fact upon which COUNTY relied in entering into this Agreement.
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22. ACKNOWLEDGEMENT
CONTRACTOR shall acknowledge in all public relations activities, materials and
publications that COUNTY is the funding source for services to be provided through this Agreement.
23. POLITICAL ACTIVITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for any political activity, or to further the election or defeat of any candidate
for public office.
24. LOBBYING ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying or
propaganda purposes designed to support or defeat legislation pending in the Congress of the United
States of America or the Legislature of the State of California.
25. STATE ENERGY CONSERVATION
CONTRACTOR must comply with the mandatory standard and policies relating to energy
efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
United States (US) Code sections 6321, et. seq.
26. GRIEVANCES
CONTRACTOR shall establish procedures for handling client complaints and/or
grievances. Such procedures will include provisions for informing clients of their rights to a State
Hearing to resolve such issues.
27. FRATERNIZATION
CONTRACTOR shall establish procedures addressing fraternization between
CONTRACTOR's staff and clients. Such procedures will include provisions for informing
CONTRACTOR's staff and clients regarding fraternization guidelines.
28. INTERPRETATION OF LAWS AND REGULATIONS
COUNTY reserves the right to make final interpretations or clarifications on issues relating
to Federal and State laws and regulations applicable to this Agreement, to ensure compliance.
29. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
COUNTY, its officers, consultants, subcontractors, agents and employees shall comply with
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all applicable State, Federal and local laws and regulations governing projects that utilize Federal
Funds.
30. EQUIPMENT
A. All items purchased with funds provided under this Agreement or which are furnished
to CONTRACTOR which have a single unit cost in excess of Five Thousand and Noll 00 Dollars
($5,000.00) including sales tax and have a useful life of more than one (1) year shall be considered
capital equipment. Title to all items of capital equipment purchased shall vest and will remain vested
in COUNTY. CONTRACTOR further agrees to the following:
1) To maintain all items of capital equipment in good working order and condition,
normal wear and tear excepted; and
2) To label all items of capital equipment, perform periodic inventories as required
by COUNTY and to maintain an inventory list showing where and how the capital equipment is being
used, in accordance with procedures developed by COUNTY. All such lists shall be submitted to
COUNTY within ten (10) days of any request therefore; and
3) To report in writing to COUNTY immediately after discovery, the loss or theft of
16 any items of capital equipment. For stolen items, the local law enforcement agency must be contacted
1 7 and a copy of the police report submitted to COUNTY.
18 B. The purchase of any capital equipment by CONTRACTOR relating to this Agreement
19 shall require the prior written approval of COUNTY, and must be appropriate and directly related to
2 0 CONTRACTOR's service or activity under the terms of this Agreement. COUNTY may refuse
21 reimbursement for any costs resulting from capital equipment purchased, which are incurred by
2 2 CONTRACTOR, if prior written approval has not been obtained from COUNTY.
23 31. RECORDS
24 A. Record Establishment and Maintenance
2 5 CONTRACTOR shall establish and maintain records in accordance with those
2 6 requirements prescribed by COUNTY and communicated in writing to CONTRACTOR with respect to
2 7 all matters covered by this Agreement. CONTRACTOR shall retain all fiscal books, account records
2 8 and client files for services performed under this Agreement for at least three (3) years from date of
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final payment under this Agreement or until all State and Federal audits are completed for that fiscal
year, whichever is later.
B. Cost Documentation
1) CONTRACTOR shall submit to COUNTY within ten (1 0) calendar days
following the end of each month, all fiscal and program reports for that month. CONTRACTOR shall
also furnish to COUNTY such statements, records, data and information as COUNTY may request
pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to provide
reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
compliance is established.
2) All costs shall be supported by properly executed payrolls, time records,
11 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
12 Agreement and they shall be clearly identified and readily accessible. The support documentation must
13 indicate the line budget account number to which the cost is charged.
14 3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days of any
15 potential State or Federal audit exception discovered during an examination. Where findings indicate
16 that program requirements are not being met by CONTRACTOR and State or Federal participation in
1 7 this program may be imperiled in the event that corrections are not accomplished by CONTRACTOR
18 within thirty (30) days of receipt of such notice from COUNTY, written notification of the findings
19 shall constitute COUNTY's intent to terminate this Agreement.
20 C. Service Documentation
21 CONTRACTOR agrees to maintain records to verify services under this Agreement
2 2 including names and addresses of clients served, the date of service and a description of services
2 3 provided on each occasion. These records and any other document pertaining in whole or in part to this
2 4 Agreement, shall be clearly identified and readily accessible.
25 D. Use of Data
2 6 CONTRACTOR shall grant to COUNTY and the United States Department Health
2 7 and Human Services the royalty-free, nonexclusive and irrevocable license throughout the world to
2 8 publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, and/or disclose in any manner
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and for any purpose whatsoever and to authorize others to do so, all subject data now or hereafter
covered by copyright. CONTRACTOR shall exert all reasonable effort to advise COUNTY at time of
delivery of subject data furnished under this Agreement, of all possible invasions of the right of privacy
therein contained, and of all portions of such subject data copied from work not composed or produced
in the performance of this Agreement and not licensed under this provision.
As used in this clause, the term "subject data" means writing, sound recordings,
pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms,
diagrams, work flow charts, equipment descriptions, data files and data processing of computer
programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are
first produced or developed under this Agreement by or for CONTRACTOR. The term does not
include financial reports, cost analyses and similar information incidental to contract administration.
CONTRACTOR shall report to COUNTY promptly and in written detail, each notice
of claim of copyright infringement received by CONTRACTOR with respect to all subject data
delivered under this Agreement. CONTRACTOR shall not affix any restrictive markings upon any
data. If markings are affixed, COUNTY shall have the right at any time to modify, remove, obliterate
or ignore such markings.
COUNTY shall have access to any report, preliminary findings or data assembled by
CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive written permission
from COUNTY prior to publication of any materials developed under this Agreement and file with
COUNTY a copy of all educational and training materials, curricula, audio/visual aids, printed material
and periodicals, assembled pursuant to this Agreement prior to publication.
32. SINGLE AUDIT CLAUSE
CONTRACTOR agrees to provide a copy of its audit report, 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 COUNTY. Such
audit shall be delivered to COUNTY's DSS, for review not later than nine (9) months after the close of
the CONTRACTOR's fiscal year in which the funds supplied through this Agreement are expended
and/or received for this program. The audit must include a statement of findings or a statement that
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there were no findings. If there were negative findings, CONTRACTOR must include a corrective
action plan signed by an authorized individual. Failure to comply with the Single Audit 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 CONTRACTOR who agrees to take corrective action to eliminate any material
noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under
this paragraph shall be performed only after written notice to CONTRACTOR and billed to
CONTRACTOR at COUNTY cost as determined by COUNTY's Auditor-Controller/Treasurer-Tax
Collector.
33. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under section
186l(v)(1)(1) of the Social Security Act (42 U.S. C. § 1395x(v)(l)[I]), until the expiration of four (4)
years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
upon written request to the Secretary ofthe United States Department of Health and Human Services,
or upon request to the Comptroller General of the United States General Accounting Office, or any of
their duly authorized representatives, a copy of this Agreement and such books, documents and records
as are necessary to certify the nature and extent of the costs of these services provided by
CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
or cost ofTen Thousand and No/100 Dollars ($10,000.00) or more over a twelve (12) month period,
with a related organization, such Agreement shall contain a clause to the effect that until the expiration
of four ( 4) years after the furnishing of such services pursuant to such subcontract, the related
organizations shall make available, upon written request to the Secretary of the United States
Department of Health and Human Services, or upon request to the Comptroller General of the United
States General Accounting Office, or any of their duly authorized representatives, a copy of such
subcontract and such books, documents and records of such organization as are necessary to verify the
nature and extent of such costs.
Ill
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34. AUDITS AND INSPECTIONS
CONTRACTOR shall at any time during CONTRACTOR's business hours, and as often as
COUNTY may deem necessary, make available to COUNTY for examination all of CONTRACTOR's
records and data with respect to the matters covered by this Agreement. CONTRACTOR shall, upon
request to COUNTY, permit COUNTY to audit and inspect all such records and data necessary to
ensure CONTRACTOR's compliance with the terms ofthis Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTOR shall be subject to the examination and audit of the State Auditor General for a period
of three (3) years after final payment under contract (Government Code section 8546.7).
Notwithstanding the term provision stated in Paragraph Two (2) of this Agreement, it is
acknowledged by the parties hereto that this Agreement shall continue in full force and effect with
respect to all audit procedures and requirements as stated in this Agreement until such audit procedures
and requirements have been completed to the review and satisfaction of COUNTY. CONTRACTOR
shall bear all costs in connection with or resulting from any audit and/or inspection required by this
Agreement, including but not limited to actual costs incurred and the payment of any expenditures
disallowed by either COUNTY, State or Federal governmental entities, including any assessed interest
and penalties.
35. PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e., purchasing
of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
above, publicity ofthe services described in Paragraph One (1) of this Agreement shall be allowed as
necessary to raise public awareness about the availability of such specific services when approved in
advance by the DSS Director or designee and at a cost as provided in Exhibit B for such items as
written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related
expense(s).
36. NOTICES
The persons having authority to give and receive notices under this Agreement and their
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COUNTY
Director, Department of
Social Services
P.O. Box 1912
Fresno, CA 93718-1912
CONTRACTOR
State Center Community College
District
Vice Chancellor, Finance & Admin
1525 East Weldon Avenue
Fresno, CA 93 704
Any and all notices between COUNTY and CONTRACTOR provided for or permitted
under this Agreement, or by law, shall be in writing and shall be deemed duly serviced when personally
delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
Mail, postage prepaid, addressed to such party.
37. CHANGE OF LEADERSHIP I MANAGEMENT
Any and all notices between COUNTY and CONTRACTOR provided for or permitted
under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
Mail, postage prepaid, addressed to such party.
In the event of any change in the status of CONTRACTOR'S leadership or management,
CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from the date of
change. Such notification shall include any new leader or manager's name, address and qualifications.
"Leadership or management" shall include any employee, member, or owner of CONTRACTOR who
either a) directs individuals providing services pursuant to this Agreement, b) exercises control over
the manner in which services are provided, or c) has authority over CONTRACTOR's finances.
38. GOVERNING LAW
The parties agree, that for purposes of venue, performance under this Agreement is to be in
Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
39. ENTIRE AGREEMENT
This Agreement, including Exhibits A through C, constitutes the entire agreement between
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1 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
2 agreement, negotiations, proposals, commitments, writings, advertisements, publications and
3 understandings of any nature whatsoever unless expressly included in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
ATTEST:
CONTRACTOR:
STATE CENTER COMMUNITY COLLEGE
DISTRICT
By
Print Name:Edwin Eng
Vice Chancellor,
•"ance and Administration
Chancellor
Title:
Date:^r//<T
By £
Print Name:Edwin Eng
Vice Chancellor,
*snance and AdministrationTitle:
Vice Chancellor,Finance and
Administration
Mailing Address:
1525 East Weldon Ave
Fresno CA 93704
Phone No:(559)442-8286
Contact:SCCCD CalWORKs Director
COUNTY OF FRESNO
By iLdmljQ.
Chairman,Board of Supervisors
BERNICE E.SEIDEL,Clerk
Board of Supervisors
By r^K^3^Ui>vV Qifi*k
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
23 COUNTY OF FRKSNO
F .CA
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APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
APP OVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
AJ:U~-&rv By ___ ~~v ____________________ _
REVIEWED AND RECOMMENDED FOR 16
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APPROVAL:
By~
DELFINO E. NEIRA, DIRECTOR
DEPARTMENT OF SOCIAL SERVICES
Fund/Subclass: 0001/10000
Organization: 56107001
Account/Program: 7870/0
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SUMMARY OF SERVICES
FY 2015/16 (with 4 potential 12 month extensions)
Exhibit A
Page 1 of 5
ORGANIZATION: STATE CENTER COMMUNITY COLLEGE DISTRICT
SERVICES: CaiWORKs Program -Educational Counseling and Training Services
CONTRACT PERIOD: July 1, 2015-June 30, 2016 (with 4 potential12 month extensions)
AMOUNT: $ 400,000 Maximum for each 12 month term
SUMMARY OF SERVICES: CONTRACTOR shall provide educational counseling services and
training programs to all referred CaiWORKs individuals that are either self-initiated or placed
into a degree and/or short-term vocational training program at Fresno City College (FCC),
Reedley Community College (RCC) and Clovis Community College Center (CCCC). The
CaiWORKs participants to receive services will be identified and referred by Fresno County's
Department of Social Services (DSS).
SCHEDULE OF SERVICES: The CONTRACTOR will make every effort to accommodate
participants attending programs at all school sites whether on or off campus.
TARGET POPULATION: Services will be restricted to all CaiWORKs eligible participants
who are attending programs at the school sites.
I. CONTRACTOR AGREES TO PROVIDE THE FOLLOWING SERVICES:
1. EDUCATIONAL COUNSELING
A. Provide orientations for prospective students and assist with enrollment and
counseling of program selection and matriculation activities.
B. Provide weekly Comprehensive Adult Student Assessment Systems (CASAS)
testing, when necessary, for State Center Community College District (SCCCD)
and Career and Technology Center (CTC) applicants.
C. Meet with participant within ten (1 0) days from the date of referral.
D. Develop individual student educational development plans (SEP) in coordination
with participant's Welfare-to-Work Plan and time limits to outline and track a
course of study that improves participant employability. Maintain documentation
of grade evaluations and academic advising.
E. The CaiWORKs counselors will request long-term progress reports before each
mid-term to determine if academic advising is necessary. CaiWORKs counselors
will insure that a consent form is on file.
F. Release CaiWORKs student educational records as requested by DSS staff.
Exhibit A
Page 2 of 5
G. SCCCD staff will monitor and report to the DSS case management staff
classroom participation problems, problems in adjusting to academic
environment and referrals to appropriate counseling services. SCCCD shall notify
DSS staff within 3 days of any problems that require immediate attention.
H. Refer self-identified CaiWORKs participants with potential learning disabilities to
the appropriate agencies for testing.
I. Evaluate appropriateness of academic training and employability based on
student's progress.
J. Meet with DSS staff to resolve participant problems.
K. Maintain written documentation of student contact in the area of counseling and
good cause determinations.
L. Serve as liaison to all Divisions of SCCCD which provide Welfare-to-Work
(WTW) programs ensuring that students receive services from all advisors in a
timely manner.
M. Coordinate CaiWORKs Work-Study to assist students in meeting the minimum
work participation hours.
N. Liaison with Workforce Investment Act (WIA) staff to identify slots for CaiWORKs
clients in funded specialized training opportunities or SCCCD Training Institute
programs.
0. Partner with childcare referral agencies to provide timely childcare services to
CaiWORKs participants and childcare providers as funding and provider eligibility
allows.
P. Track the number of CaiWORKs students that enroll in and complete short and
long term programs and receive certificates of completion and/or associate
degree.
2. OTHER SCCCD SERVICES
A Continue to develop additional short-term vocational training programs
responsive to the needs of welfare reform. Refer CaiWORKs students enrolled in
at least one class to tutoring services when appropriate.
B. In collaboration with Job Specialists, coordinate efforts including the enrollment
and orientation for new short-term vocational training programs and post-
secondary education.
C. As available, provide office space at SCCCD CaiWORKs Office and service sites
to co-locate DSS staff.
D. Ensure that limited English proficiency (LEP) clients have meaningful, effective
and equal access at every point of contact with project services.
II. COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING:
1. REFERRAL AND COORDINATION OF ACTIVITIES
Exhibit A
Page 3 of 5
A. Refer all CaiWORKs clients interested in attending SCCCD Colleges or CTC to
SCCCD CaiWORKs orientation.
B. Provide SCCCD CaiWORKs staff with the appropriate CaiWIN Eligibility
information at the beginning of each semester, start of each short-term program
or as needed by staff for the purpose of verification of eligibility.
C. Refer all students to SCCCD CaiWORKs Counselors. Referral will include the
participant's name, case number, last four of their social security number and
WTW time limits. Also, include notification to SCCCD that a CaiWORKs
participant is approved for education/training.
D. Job Specialists (JS) assigned and co-located at the SCCCD CaiWORKs
Program Office or any other JS with assigned student cases will provide timely
notification to SCCCD within three working days, of a change in the status of any
referred participant.
E. Provide an expedient and timely method of securing ancillary services for
CaiWORKs participants.
F. Provide funding and payment mechanism for authorized supportive services
including childcare, transportation and acquisition of books and supplies.
Collaborate with Book Store management and SCCCD CaiWORKs Director on
any policy or procedural change for book voucher/reimbursement prior to a
change.
G. Provide SCCCD staff and any interested parties with a complete overview of the
CaiWORKs program and the nature of services available, including response to
inquiries about the program.
H. Provide SCCCD with a WTW plan for any voluntary CaiWORKs WTW participant
attending.
I. Require CaiWORKs participants attending SCCCD to enroll in
designated/appropriate CaiWORKs classes, and make appropriate referral to the
college.
J. Determine appropriateness of referrals to outside agency resources including but
not limited to, mental health, emergency housing or legal assistance.
K. Monitor progress of CaiWORKs participants in meeting terms of WTW Plan and
forward WTW signed plans to SCCCD Counselors.
L. Provide employment counseling or referral services for counseling, as
appropriate.
Exhibit A
Page 4 of 5
M. Assist participants in developing appropriate child care plans, and make
appropriate referral to either childcare referral agencies or DSS Child Care
Office.
N. Evaluate nature of participant barriers in completion of short and long term goals.
0. Notify SCCCD CaiWORKs counselors that CaiWORKs Self-Initiated Plan (SIP)
participants are being referred to CaiWORKs Office.
P. For CaiWORKs participants, provide timely compliance resolution including
cause determination and/or sanction information.
Ill. FEDERAL WORK PARTICIPATION RATE
In response to the Federal Temporary Assistance to Needy Families (TANF) Program
reauthorization, the Fresno County DSS is committed to implementing activities and practices
that support to achieve TANF program goals and meet the CaiWORKs WTW Federal Work
Participation Rates (WPR). WPR requires at least 50% work participation among all CaiWORKs
families and 90% for two parent families. Effective October 1, 2006, the State and counties are
subject to Federal penalties on an annual basis if these rates are not met. As a result, DSS
requires CONTRACTOR's assistance in engaging WTW participants in activities that will
increase the County's WPR and assist recipients to become self-sufficient. The primary
objective is job placement and retention, work experience, and/or training activities that meet
the WPR requirements. Counseling and supportive services in conjunction with job placement
will assist our recipients in obtaining financial self-sufficiency.
The following services provided by the CONTRACTOR will support WTW WPR:
1. Direct Services:
A. Enrollment in training programs
B. CONTRACTOR will assist students with Work Study placements, when funding
is available
C. CONTRACTOR will assist students in Job placement activities
2. Indirect Services:
A. Utilization of the State Chancellor's grant for Stage I child care will assist
students in paying for child care services.
B. Referrals to the SCCCD Career and Employment Center, Reading, Writing and
Math Labs, Psychological Services, Tutoring Services, and Computer Labs.
C. Participation in EOPS, CARE and DSPS programs.
IV. PERFORMANCE MEASURMENTS
Overall Service Objective:
CONTRACTOR shall provide educational counseling services and training programs to assist
CaiWORKs recipients in obtaining new skills that will lead to higher wages and self-sufficiency.
Specific Performance Measurements:
Exhibit A
Page 5 of 5
DSS will consider CONTRACTOR performance levels when determining funding
recommendations for future Agreements. For this contract period, CONTRACTOR shall meet
the following performance measurements and levels:
PERFORMANCE MEASURE EXPECTED LEVEL OF PERFORMANCE
Performance Measure 1: 700 CaiWORKs participants will enroll and
receive services by the end of each 12 month
Enrollment Rate -The number of CaiWORKs contract term.
participants to be enrolled in training programs
by the end of the contract term.
Measurement Parameters:
CaiWORKs participants eligible for services.
Performance Measure 2:
Training Programs Completion Rate -All
enrolled participants will have completed
training programs.
Measurement Parameters:
CaiWORKs recipients enrolled in training
programs.
15% of CaiWORKs participants will complete a
short/long term program successfully by the
end of the contract term as determined by the
number of enrollees compared to complete
Performance Measure 3:
Paid Work Study Placement
number of participants that will
paid work study.
15% of CaiWORKs participants will be placed
Rate -The in a work study position.
be placed in
Measurement Parameters:
CaiWORKs recipients enrolled in training
programs.
ORGANIZATION:
SERVICES:
CONTRACT PERIOD:
CONTRACT AMOUNT:
BUDGET CATEGORY
SALARIES & BENEFITS:
Salaries
Benefits
Payroll Taxes
SERVICES & SUPPLIES:
Insurance
Office Expense
Equipment Rental
Transportation
Program Supplies
BUDGET SUMMARY
State Center Community College District
Employment Counseling and Job Readiness Classes
July 1, 2015 -June 30, 2016
July 1, 2016-June 30, 2017 (potential extension)
July 1, 2017-June 30, 2018 (potential extension)
July 1, 2018-June 30, 2019 (potential extension)
July 1, 2019 -June 30, 2020 (potential extension)
$400,000 maximum per 12 month term
Exhibit B
Page 1
ACCOUNT NUMBER AMOUNT
0100 312,781
0150 65,530
0175 4,377
Subtotal: 382,688
0200 6,190
0250 2,522
0300 5,000
0350 800
0400 2,800
Subtotal: 17,312
TOTAL: 400,000
ORGANIZATION:
SERVIVES:
CONTRACT PERIOD:
PERSONNEL/SALARIES:
Position and/or Title
Part-time Counselor
Part-time Counselor
Part-time Counselor
Part-time Counselor/lnst.
Office Assistant
Coordinator
Director
Program Dev Assistant
Program Dev Assistant
Accounting Technician
Administrative Secretary
Part-time Counselor
Part-time Counselor
Full-time Counselor
TOTAL Salaries:
PAYROLL TAXES:
FICA(6.2%)
SUI
EMPLOYEE BENEFITS:
MCARE (1.45%)
Medical (H&W)
Retirement (STRS, PERS, PAR)
TOTAL (Salaries & Benefits)
PERSONNEL AND EMPLOYEE BENEFITS
State Center Community College District
Employment Counseling and Job Readiness Classes
Exhibit B
Page 2
July 1, 2015 -June 30, 2016 (with 4 potential12 month extensions)
No. of
Persons
1
1
1
1
1
1
1
1
1
1
1
1
1
1
312,781
4,220
157
4,377
4,536
28,570
32,424
65,530
382,688
%ofTime
89.00%
72.00%
16.00%
28.00%
50.00%
8.00%
10.00%
80.00%
80.00%
20.00%
50.00%
100.00%
90.00%
50.00%
Months
Employed Monthly Salary Total Cost
10 4,250 37,822
10 3,457 24,888
10 4,720 7,552
10 4,146 11,608
12 4,131 24,786
12 6,739 6,469
12 11,077 13,292
3 4,442 10,661
9 4,101 29,527
12 5,694 13,666
12 3,159 18,954
10 4,007 40,070
10 4,204 37,836
10 7,130 35,650
312,781
SELF-DEAUNG TRANSACTION DISCLOSURE FORM
Exhibit C
Page 1 of2
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors {hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
{2) Enter the board member's company/agency name and address.
{3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description ofthe following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:. ' '
(3) Disclosure (Please describe the nature ofthe self-dealihg tra~sactiti'n you are a party' td):
·,,, ·,:\:.
>::_
Exhibit C
Page 2 of2
"
_,
(4)Explal~ why this self•deallng tran5actl,on' Is consistent with the r~quirements of Corp«?~ations CodeS233 (a}; •'
(5) Authorized Signature -
,.
Signature: I Date: I