HomeMy WebLinkAboutAgreement A-20-244 with SCCCD.pdf-1-
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A G R E E M E N T
THIS AGREEMENT is made and entered into this day of June, 2020, 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
and whose address is 1711 Fulton St, Fresno, CA 93721, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, pursuant to the California Work Opportunity and Responsibility to Kids Act (Welfare
and Institution Code sections 11200 es seq. hereinafter called “CalWORKs” and 42 United States Code
sections 601 et 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, many non-exempt CalWORKs Welfare-to-Work (WTW) clients choose to continue their
education by attending local community college; and
WHEREAS, COUNTY’s Department of Social Services (DSS), is in need of educational and
counseling services for CalWORKs WTW clients; and
WHEREAS, CONTRACTOR is willing and able to provide educational and counseling services
needed by COUNTY, pursuant to the terms of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS
CONTRACTOR and COUNTY shall provide all services as set forth in Exhibit A,
Summary of Services, attached hereto and by this reference incorporated herein.
2.TERM
The term of this Agreement shall be for a period of one (1) year, commencing on July 1,
2020 through and including June 30, 2021. This Agreement may be extended for four (4) additional
consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30)
days prior to the first day of the next twelve (12) month extension period. The DSS Director or his or her
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Agreement No. 20-244
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designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR’S satisfactory performance.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the 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 the COUNTY; or
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither
shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the
COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of
the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR
shall promptly refund any such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY’s DSS Director, or
designee, upon the giving of thirty (30) days advance written notice of an intention to terminate to
CONTRACTOR.
4.COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
pay CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance with Exhibit B,
Budget Summary.
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In no event shall services performed under this Agreement be in excess of Four Hundred
Thousand and No/100 Dollars ($400,000) during each term of this Agreement. It is understood that all
expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne
by CONTRACTOR. The cumulative total of this Agreement shall not be in excess of Two Million and
No/100 Dollars ($2,000,000).
All final claims shall be submitted by CONTRACTOR within (60) days following the final
month of service per contract year. 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.
It is understood that all expenses incidental to CONTRACTOR'S performance of services
under this Agreement shall be borne by CONTRACTOR. If CONTRACTOR should fail to comply with
any provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation.
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 of time of the 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.
5. INVOICING
CONTRACTOR shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month
for expenditures incurred to provide services rendered in the previous month to:
DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears, for actual services
provided during the preceding month, within forty-five (45) days after receipt, verification, and approval of
CONTRACTOR’s invoices by COUNTY’s DSS. A monthly activity report shall accompany the invoice,
reflecting services supported by the invoiced expenditures and be in a form and in such detail as
acceptable to the COUNTY’s DSS. All final claims for funding shall be submitted by CONTRACTOR
within sixty (60) days following the final month of services.
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At the discretion of COUNTY’s DSS Director or designee, if an invoice is incorrect or is
otherwise not in proper form or detail, COUNTY’s DSS Director or designee shall have the right to withhold
full payment of the invoice that is incorrect or improper after five (5) days prior written notice or email
correspondence to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a period of
ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90)
day period the invoice(s) is still not corrected to COUNTY’s DSS satisfaction, COUNTY or COUNTY’s DSS
Director or designee may elect to terminate this Agreement, pursuant to the termination provisions stated in
Paragraph Three (3) of this Agreement.
6. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONTRACTOR under this
Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
CONTRACTOR'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 venture, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely
no 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 the COUNTY or to this
Agreement.
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7.MODIFICATION
A.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.
B.Notwithstanding the above, changes to line items in Exhibit B, Budget, in an amount
not to exceed ten percent (10%) of the total maximum compensation as identified in Section Four (4) of this
Agreement, may be made with the written approval of COUNTY’s DSS Director or designee and
CONTRACTOR. Budget line item changes shall not result in any change to the maximum compensation
amount payable to CONTRACTOR, as stated herein.
C.CONTRACTOR hereby agrees that changes to the compensation under this
Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
COUNTY’s DSS Director or designee may modify the maximum compensation depending on State and
Federal funding availability, as stated in Section Four (4) in this Agreement. CONTRACTOR further
understands that this Agreement is subject to any restrictions, limitations or enactments of all legislative
bodies which affect the provisions, term, or funding of this Agreement in any manner.
8.NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the other party.
9.HOLD HARMLESS
COUNTY agrees to indemnify, save, hold harmless, CONTRACTOR, its officers, agents,
and employees from any and all costs and expenses , damages, liabilities, claims, and losses occurring or
resulting to CONTRACTOR 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 performance, or failure to perform, of COUNTY, its officers, agents, or employees
under this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, and until such required insurance coverages, stated below, are available or in place by
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CONTRACTOR, the following requirements will be in force. COUNTY, 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
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). 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 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.Additional Requirements Relating to Insurance
COUNTY shall obtain endorsements to the Commercial General Liability insurance naming
the CONTRACTOR, 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
CONTRACTOR, its officers, agents and employees shall be excess only and not contributing with
insurance provided under COUNTY's policies herein. This insurance shall not be cancelled or changed
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without a minimum of thirty (30) days advance written notice given to CONTRACTOR.
CONTRACTOR 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. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date COUNTY signs and executes this Agreement,
COUNTY shall provide certificates of insurance and endorsement as stated above for all of the foregoing
policies, as required herein, to the County of Fresno, P.O. Box 1912, Fresno, CA 93718-1219, Attention:
Contract Analyst, stating that such insurance coverage has been obtained and is in full force; that the
County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that for such worker’s compensation insurance the CONTRACTOR has waived its right to recover
from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and
that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance
names the CONTRACTOR, 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 CONTRACTOR, its officers, agents and employees, shall be excess only and not contributing with
insurance provided under COUNTY'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 CONTRACTOR.
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
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased 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
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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. The use of subcontractor 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 the COUNTY who exercises any function or responsibility
for planning and carrying out of the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed
by the CONTRACTOR under this Agreement to fulfill any contractual obligations with the COUNTY. The
CONTRACTOR shall comply with all Federal, State of California and local conflict of interest laws, statutes
and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
officer, employee, or agent of the COUNTY.
13.NON-DISCRIMINATION
During the performance of this Agreement CONTRACTOR shall not unlawfully discriminate
against any employee or applicant for employment, or recipient of services, because of ethnic group
identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
creed, pursuant to all applicable State of California and Federal statutes and regulations.
14.LIMITED ENGLISH PROFICIENCY
CONTRACTOR shall provide interpreting and translation services to persons participating in
CONTRACTOR’s services 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.
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
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employees, agents, subcontractor, 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 the participants’ language and can effectively communicate any specialized terms and concepts peculiar
to CONTRACTOR’s services.
15.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000), CONTRACTOR shall comply with all applicable standards, orders or requirements
issued under the Clear 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 on
the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
Violating Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws
and regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
16.DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, CONTRACTOR will be referred to as the “grantee.” By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False certification
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
grants, or government wide suspension or debarment. CONTRACTOR shall also comply with the
requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.)
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17.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A.COUNTY and CONTRACTOR recognize that Federal assistance funds will be used
under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be referred to as
the “prospective recipient.”
B.This certification is required by the regulation implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98m section 98.510, Participant’s responsibilities.
1.The prospective recipient of Federal assistance funds certified by entering into
this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2.The prospective recipient of funds agrees by entering into this Agreement, that
it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency with which this transaction originated.
3.Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements in this certification, such prospective participant shall attach an
explanation to this Agreement.
4.The prospective recipient shall provide immediate written notice to COUNTY if
at any time prospective recipient learns that its certification in Paragraph Seventeen (17) of this
Agreement was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5.The prospective recipient further agrees that by entering into this Agreement,
it will include a clause identical to Paragraph Seventeen (17) of this Agreement and titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transactions”, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
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6.The certification in Paragraph Seventeen (17) of this Agreement is a material
representation of fact upon which COUNTY relied in entering into this Agreement.
18.CONFIDENTIALITY
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.
19.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 may not store COUNTY’s private, confidential or sensitive data on
any hard-disk drive.
B.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.
C.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.
D.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.
E.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
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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, whether stored in print of electronic format, must be
destroyed and disposed of through confidential means, as described in Agreement No. A-14-075.
Agreement no. A-14-075 is available upon request or can be viewed at:
http://www.co.fresno.ca.us/MediCalPrivacy/.
F.The requirements in this Data Security provision shall apply to CONTRACTOR’s
subcontractor, if any.
20.SINGLE AUDIT CLAUSE
A.If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000)
or more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual audit
in accordance with the requirements of the Single Audit Standards as set forth in Office of Management
and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. CONTRACTOR shall submit
said audit and management letter to COUNTY. The audit must include a statement of findings or a
statement that there were no findings. If there were negative findings, CONTRACTOR must include a
corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to
correct any material non-compliance or weakness found as a result of such audit. Such audit shall be
delivered to COUNTY’s DSS, Administration, for review within nine (9) months of the end of any fiscal
year in which funds were expended and/or received for the program. Failure to perform the requisite
audit functions as required by this Agreement may result in COUNTY performing the necessary audit
tasks, or at COUNTY’s option, contracting with a public accountant to perform said audit, or, may result
in the inability of COUNTY to enter into future agreements with CONTRACTOR. All audit costs related
to this Agreement are the sole responsibility of CONTRACTOR.
B.A single audit report is not applicable if all CONTRACTOR’s Federal contracts
do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CONTRACTOR’s
funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
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performed and a program audit report with management letter shall be submitted by CONTRACTOR to
COUNTY as a minimum requirement to attest to CONTRACTOR’s solvency. Said audit report shall be
delivered to COUNTY’s DSS, Accounting Office, for review no later than nine (9) months after the close
of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply
with this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
accountant to perform said 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 billed to the CONTRACTOR at COUNTY cost, as determined by COUNTY’s Auditor-
Controller/Treasurer-Tax Collector.
C.CONTRACTOR shall make available all records and accounts for inspection by
COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
least three (3) years following final payment under this Agreement or the closure of all other pending
matters, whichever is later.
21.PROPERTY OF COUNTY
CONTRACTOR agrees to take reasonable and prudent steps to ensure the security of
any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
approved by COUNTY.
All purchases over Five Thousand Dollars ($5,000) made during the life of this
Agreement that will outlive the life of this Agreement shall be identified as fixed assets with an assigned
Fresno County DSS Accounting Inventory Number. These fixed assets shall be retained by COUNTY,
as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement.
CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
physically present when fixed assets are returned to COUNTY possession at the termination or
expiration of this Agreement. CONTRACTOR is responsible for returning to COUNTY all COUNTY
owned fixed assets upon the expiration or termination of this Agreement.
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22.AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be
subject to the examination and audit of the Auditor General for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
In addition, CONTRACTOR 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 CONTRACTOR’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 CONTRACTOR’s deficiency,
CONTRACTOR shall be financially liable for the amount previously paid by COUNTY to CONTRACTOR
and this disallowance will be adjusted from CONTRACTOR’s future payments, at the discretion of
COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole discretion in the
determination of fiscal review outcomes, decisions and actions.
23.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.
24.STATE ENERGY CONSERVATION
CONTRACTOR must comply with the mandatory standard and policies relating to energy
efficiency which are contain in the State Energy Conservation Plan issued in compliance with 42 United
States (US) Code sections 6321, et. seq.
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25.CHARITABLE CHOICE
CONTRACTOR may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice. Any specifically religious activity or service made available to individuals
by the CONTRACTOR must be voluntary as well as separate in time and location from COUNTY funded
activities and services. CONTRACTOR shall inform COUNTY as to whether it is faith-based. If
CONTRACTOR identifies as faith-based, they must submit to DSS a copy of its policy on referring
individuals to alternate treatment CONTRACTOR, and include a copy of this policy in their client admission
forms. The policy must inform individuals that they may be referred to an alternative provider if they object
to the religious nature of the program, and include a notice to DSS. Adherence to this policy will be
monitored during site reviews, and a review of client files. If CONTRACTOR identifies as faith-based, by
July 1 of each year CONTRACTOR will be required to report to DSS the number of individuals who
requested referrals to alternate providers based on religious objection.
26.PERSONNEL DISCLOSURE
CONTRACTOR shall make available to COUNTY a current list of all personnel providing
services hereunder. Changes to this will be immediately provided to COUNTY in writing. The list shall
provide the following information:
A.All full or part-time staff positions by title whose direct services are required to
provide the programs described herein;
B.A brief description of the functions of each such position and hours each person
in such position works each week or, for part-time positions, each day or month, as appropriate;
C.The education and experience levels required for each positions; and
D.The names of persons filling the identified positions.
27.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 of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to
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raise public awareness about the availability of such specific services when approved in advance by the
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).
28.NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY CONTRACTOR
Director, COUNTY OF FRESNO Mary Beth Mossette
Department of Social Services State Center Community College District
P.O. Box 1912 1171 Fulton St.
Fresno, CA 93718 Fresno, CA 93721
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).
29.GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
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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.
30.CHANGE OF LEADERSHIP/MANAGEMENT
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.
31.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.
32.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 the 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 incorporated
herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
33.SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any
one provision in the Agreement shall not affect the other provisions.
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34.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
proposals, commitments, writings, advertisements, publications, and understanding of any nature
whatsoever unless expressly included in this Agreement IN WITNESS WHEREOF, the parties hereto have
executed this Agreement as of the day and year first hereinabove written.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
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CONTRACTOR:
STATE CENTER COMMUNITY
COLLEGE DISTRICT
Print Name: Dr. Paul Parnell
Title : Chancellor
,]ero111e ~U11tee
By: Jeon,c Countct: (!J..1y 1.3.2020)
Print Name : Jerome Countee
Tille: Vice Chancellor, Educational Services and
Institutional Effectiveness
Mailing Address:
1711 Fulton St.
Fresno, CA 93721
20 Contact: SCCCD CalWORKs Director
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FOR ACCOUNTING USE ONLY:
Account No.: 7870
ORG No .: 56107001
Fund/Subclass: 000·1110000
25 DEN :dw
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COUNTY OF FRESNO
By:~/k_-f.__+ ~~'--~
Ernest Buddy Mendes, Cha irman of the Board of
Supervisors of the County of Fresno
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ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: i;J\,J\p_' • C_,. 13
Deputy
Exhibit A
Page 1 of 4
SUMMARY OF SERVICES
ORGANIZATION: State Center Community College District
ADDRESS: 1171 Fulton St. Fresno, CA, 93721
SERVICES: CalWORKs WTW Program - Educational Counseling
TELEPHONE: 559-244-5900
CONTACT: Mary Beth Mossette, CalWORKs Director
EMAIL: Marybeth.mossette@fresnocitycollege.edu
AMOUNT/TERMS: $400,000 7/1/2020 to 6/30/2021 (Base)
$400,000 7/1/2021 to 6/30/2022 (Optional)
$400,000 7/1/2022 to 6/30/2023 (Optional)
$400,000 7/1/2023 to 6/30/2024 (Optional)
$400,000 7/1/2024 to 6/30/2025 (Optional)
__________________________________________________________________
SUMMARY OF SERVICES: State Center Community College District
(CONTRACTOR) shall provide educational counseling services to all referred
California Work Opportunity and Responsibility to Kids (CalWORKs) Welfare-to-
Work (WTW) 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), or Clovis Community College (CCC). Eligible
CalWORKs WTW participants will be identified and referred by COUNTY.
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: CalWORKs WTW participants attending FCC, RCC, and
CCC.
SERVICES TO BE PROVIDED BY CONTRACTOR
CONTRACTOR shall provide the following services:
1. EDUCATIONAL COUNSELING
a. Provide orientations for prospective students and assist with
counseling of program selection and enrollment activities.
b. In accordance with Assembly Bill AB 705, utilize multiple measures in
assessing student placement into English and math classes. These
measures may include high school or college transcripts, Advanced
Placement testing scores, Scholastic Aptitude Test (SAT) scores,
Exhibit A
Page 2 of 4
American College Test (ACT) scores, and when necessary,
Comprehensive Adult Student Assessment System (CASAS) test
scores, student work, vocational training, or apprenticeship history.
c. Meet with participant within ten (10) days from the date of referral to develop
their educational plan.
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.
e. Utilize the districtwide Early Alert program in which faculty raise alerts
addressing student academic performance. The alerts determine next
steps in academic advising and monitoring student progress.
CalWORKs counselors will ensure that a release of information
allowing SCCCD staff to share information with COUNTY staff is on
file.
f. Release CalWORKs WTW student educational records as requested by DSS
staff.
g. Refer self-identified CalWORKs WTW participants with potential learning
disabilities to the appropriate agencies for testing.
h. Evaluate appropriateness of academic training and employability based on
student's progress.
i. Meet with COUNTY staff to resolve participant problems.
j. Maintain written documentation of student contact in the area of counseling
and good cause determinations.
k. Serve as liaison to all Divisions of SCCCD which provide WTW programs
ensuring that students receive services from all advisors in a timely manner.
l. Coordinate CalWORKs WTW Work-Study to assist students in meeting the
minimum WTW participation hours.
m. Collaborate with other workforce development agencies to identify slots for
CalWORKs WTW clients in specialized training opportunities.
n. Partner with on and off campus childcare service providers and referral
agencies to provide timely childcare services to CalWORKs WTW participants
and their children, as funding and provider availability permits.
2. OTHER CONTRACTOR SERVICES
a. Continue to develop additional student support services and programs that
address the needs of CalWORKs WTW students and provide peer support
as well as, personal and professional development.
Exhibit A
Page 3 of 4
b. In collaboration with Job Specialists (JS), 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 CalWORKs Office and service
sites to co-locate COUNTY staff.
d. Ensure that limited English proficiency (LEP) clients have meaningful,
effective and equal access at every point of contact with project services.
SERVICES TO BE PROVIDED BY COUNTY
County shall provide the following services:
1. REFERRAL AND COORDINATION OF ACTIVITIES
a. Refer all CalWORKs WTW clients interested in attending SCCCD Colleges
or CTC to SCCCD CalWORKs WTW orientation.
b. Provide SCCCD CalWORKs WTW staff with the appropriate CalWIN
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. Upon registration or 30 days before classes begin, eligible student cases are to
be transferred to Job Specialists located at the campus in which the student is
enrolled to ensure timely delivery of student support services.
d. Refer all students to SCCCD CalWORKs WTW 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
CalWORKs WTW participant is approved for education/training.
e. JS assigned and co-located at the SCCCD CalWORKs WTW 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.
f. Provide an expedient and timely method of securing ancillary services for
CalWORKs WTW participants.
g. 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 CalWORKs WTW
Director on any policy or procedural change for book
voucher/reimbursement prior to a change.
h. Provide SCCCD staff with an overview of the CalWORKs WTW program and
the nature of services available, including response to inquiries about the
program as requested.
i. Provide SCCCD with a WTW plan and Release of Information, signed by the
WTW participant, for any CalWORKs WTW participant attending.
Exhibit A
Page 4 of 4
j. Require CalWORKs WTW participants attending SCCCD to enroll in
designated/appropriate CalWORKs WTW classes, and make appropriate
referral to the college.
k. Determine appropriateness of referrals to outside agency resources
including but not limited to, mental health, emergency housing or legal
assistance.
l. Monitor progress of CalWORKs WTW participants in meeting terms of WTW
Plan and forward WTW signed plans to SCCCD Counselors.
m. Provide employment counseling or referral services for counseling, as
appropriate.
n. Assist participants in developing appropriate childcare plans and make
appropriate referral to either childcare referral agencies or COUNTY’s DSS
Child Care Office.
o. Evaluate nature of participant barriers in completion of short- and long-term
goals.
p. Notify SCCCD CalWORKs WTW counselors that CalWORKs WTW Self-
Initiated Plan (SIP) participants are being referred to CalWORKs WTW
Office.
q. For CalWORKs WTW participants, provide timely compliance resolution
including cause determination and/or sanction information.
PERFORMANCE MEASURMENTS
Overall Service Objective:
CONTRACTOR shall provide educational counseling services and training programs to
assist CalWORKs WTW recipients in obtaining new skills that will lead to higher wages
and self-sufficiency.
Specific Performance Measurements:
COUNTY will consider CONTRACTOR performance levels when determining funding
recommendations for future Agreements as well as determining the extension of the term of
this Agreement. For this contract period, CONTRACTOR shall meet the following performance
measurements and levels:
1. 35% of CalWORKs WTW participants will participate in vocational education training.
2. 20% of CalWORKs WTW participants will complete a vocational program successfully or
attain an Associate’s degree by the end of the contract term as determined by the number
of enrollees compared to complete.
3. 15% of CalWORKs WTW participants who were on Academic or Progress Probation will
have progressed towards being in good standing by the end of the contract term.
Exhibit B
Page 1 of 2
Budget Summary
ORGANIZATION: State Center Community College District
SERVICES: Employment Counseling and Life Skills Classes
CONTRACTED PERIOD: 12 Month Budget for Periods July 1, 2020 - June 30, 2025
BUDGET CATEGORY ACCOUNT NUMBER AMOUNT
SALARIES AND BENEFITS
Salaries 100 $287,006
Benefits 150 $94,115
Payroll Taxes 175 $6,363
Subtotal $387,484
SERVICES AND SUPPLIES
Insurance 200 $4,973
Office Expenses 250 $1,663
Equipment Rental 300 $3,137
Program Supplies 400 $2,743
Subtotal $12,516
Total $400,000
Exhibit B
Page 2 of 2
PERSONNEL AND EMPLOYEE BENEFITS
ORGANIZATION: State Center Community College District
SERVICES: Employment Counseling and Job Readiness Classes
CONTRACTED PERIOD: July 1, 2020 - June 30, 2021
July 1, 2021 - June 30, 2022
July 1, 2022 - June 30, 2023
July 1, 2023 - June 30, 2024
July 1, 2024 – June 30, 2025
PERSONNEL SALARIES
Positions Number of Positions Months Employed Monthly Salary Total Cost
PT Director 1 12 $1,155.75 $13,869
FT Counselor/Coordinator 1 12 $655.08 $7,861
FT Counselor 2 12 $5,390.25 $64,683
PT Counselor 3 12 $8,303.92 $99,647
PT Instructor 2 12 $1,208.67 $14,504
PT Budget Technician 1 12 $1,244.33 $14,932
PT Sr Prog Specialist 1 12 $2,269.83 $27,238
PT Office Specialist 2 12 $3,689.33 $44,272
Subtotal $287,006
Payroll Taxes
FICA (6.2%) $6,219
SUI $144
Subtotal $6,363
Employee Benefits
MCARE (1.45%) $4,162
Medical (H&W) $32,731
Retirement (STRS, PERS, PAR) $57,222
Subtotal $94,115
Total (Salaries and Benefits) $387,484
Page 1 of 2
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
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 of the
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).
Page 2 of 2
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233 (a):
(5) Authorized Signature
Signature: I Date:
I