sow_2_-_attachment_3.pdf

RFI 25-3064

CDSS/CalFresh Employment & Training

Draft Exhibit A

(Standard Agreement)

Attachment 3

SCOPE OF WORK

A. Introduction and Background

The California Department of Social Services, hereinafter referred to as the CDSS, has responsibility for the implementation and oversight of the state's Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) program and funding guidelines of the United States Department of Agriculture, Food and Nutrition Service (FNS). Pursuant to Welfare and Institutions Code (WIC) Section 18926.5(a), the program established under Section 6(d)(4)(B) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015(d)(4)) is known in California as CalFresh E&T. WIC Section 18926.7 authorizes the CDSS to contract directly with qualified entities to provide CalFresh E&T services, as authorized by and allowable for reimbursement under federal and state law.

The CalFresh E&T program is responsible for offering valuable career readiness and employment and training opportunities to Californians facing significant barriers to employment and career advancement. The [Organization] shall act as the intermediary between the CDSS and subrecipients, which include, but are not limited to, community/technical colleges; and community-based organizations (CBOs), etc.

to effectively start and manage CalFresh E&T programs in partnership with the County Welfare Departments (CWDs). Through the [organization] and its subrecipients, the CalFresh E&T participants shall gain education and training that shall lead to better employment and a path to economic self-sufficiency. The [organization] currently oversees E&T subrecipients located in multiple CalFresh E&T participating counties in California.

This Agreement with the [Organization] (hereinafter referred to as the Contractor) shall enable the CDSS to fulfill its mission and goals, in addition to its responsibilities to the FNS, by providing CalFresh E&T assistance to Californians in receipt of CalFresh benefits.

B. Service Overview The Contractor shall provide to the CDSS the services described herein:

1. The Contractor and its subrecipients shall provide CalFresh E&T services for the CalFresh E&T program, in accordance with SNAP E&T Guidance (Title 7 Code of Federal Regulations (CFR) Section 273.7 and 277), federal regulations pertaining to the use of federal funding by the grantee (2 CFR Part 200), and the CDSS Manual of Policies and Procedures (Division 63, Section 63-407.8).

2. The Contractor shall cooperate with the CDSS or its designee by participating in meetings and/or site visits as the CDSS may deem necessary, to monitor Contractor’s compliance with this Agreement.

C. Contingency Clause

All elements of this Agreement are contingent upon the following:

1. The CDSS receipt of approval from the FNS of the CDSS CalFresh E&T Annual Plan that includes the Contractor’s budget and program description, which are incorporated in Section D Additional Incorporated Documents. If the FNS approval of the CDSS CalFresh E&T Plan is delayed, invoicing costs can be claimed retroactively to the effective date. However, should FNS reject the CDSS CalFresh E&T Annual Plan in whole or in part, this Agreement may be terminated by the CDSS with 30-day’ notice, or amended.

2. The CDSS’ approval of Contractor’s CalFresh E&T Annual Plan that specifically states services to be delivered, supportive services offered, program requirements, and subrecipients’ budget narrative, which is available upon request.

3. Either Contractor or subrecipient possessing an executed Memorandum of Understanding (MOU) or agreement with each CWD where services are to be provided to CalFresh E&T participants.

D. Additional Incorporated Documents The following documents and any subsequent updates are available upon request from the CDSS. The documents described below may be updated at any time and shall not require a formal contract amendment. The CDSS shall maintain on file all documents referenced herein and any subsequent updates:

1. The CDSS CalFresh E&T Annual Plan, which may be amended by the FNS, or by the CDSS with written approval from the FNS.

2. Contractor’s CalFresh E&T Annual Plan with information on subrecipients and participating counties, which may be amended by the CDSS or by the Contractor with written approval from the CDSS; and

3. The CWD CalFresh E&T Annual Plans that contain information about each participating county’s intention to partner with the Contractor through the subrecipient(s) in the county, which may be amended by the CDSS or the CWD with written approval from the CDSS.

E. Contractor Responsibilities By signing this Agreement, Contractor agrees to provide to the CDSS services as described in this Agreement and in the Contractor’s CalFresh E&T Annual Plan.

1. Contractor and its subrecipients shall be in compliance with all applicable Federal laws, rules and regulations; including Civil Rights and Office of Management and Budget (OMB) regulations governing cost issues, Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency (EPA) regulations (which prohibit the use under nonexempt Federal agreements, grants, or loans of facilities included on the EPA List of Violating Facilities), mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94- 165), and Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (29 CFR Part 60). In addition, all subrecipients are subject to and shall comply with all requirements in 2 CFR, Part 200.

2. Contractor as the responsible pass-through entity of CalFresh E&T funds to its’ subrecipients in accordance with 2 CFR 200.332 shall establish agreements with subrecipients to provide all or part of the CalFresh E&T program services and shall:

a. Ensure that every subaward is clearly identified to the subrecipient as a subaward.

b. Evaluate each subrecipient's risk of noncompliance with federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring.

c. Monitor the activities of the subrecipient as necessary to ensure that CalFresh E&T funds are used for authorized purposes; used in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that CalFresh E&T performance goals are achieved.

3. Subrecipients

a. Contractor shall provide the CDSS written notification of any intent to contract with a subrecipient and copies of all agreements entered by Contractor.

b. Contractor shall provide written notification of any intent to enter into an agreement with a subrecipient at least 60-days in advance of prior to agreement execution.

1) If the CDSS consents to Contractor’s proposed subrecipient, the Contractor shall provide the CDSS with a copy of the executed agreement.

2) If the CDSS consents to Contractor’s engagement of a subrecipient to perform any portion of the services under this Agreement, Contractor shall maintain oversight to ensure the subrecipient’s performance is in accordance with applicable federal and state laws, rules, and regulations.

Regardless of the CDSS approval, Contractor shall retain responsibility for performance of all terms of this Agreement.

c. Contractor shall provide to the CDSS verification of each non-profit subrecipients’ status as an eligible non-profit, including submission of tax exemption status provided by the Internal Revenue Service, also known as the 501(c)(3) letter, as applicable.

d. Contractor shall assess and review subrecipient funding sources, services, and eligible CalFresh E&T participant population. Contractor shall not enter into an agreement with any subrecipient who has insufficient funding sources, services, or eligible CalFresh E&T participant populations.

e. Contractor shall provide comprehensive onboarding training to programmatic staff of each new subrecipient on topics such as outreach and participant communications; eligibility rules and processes for CalFresh, CalFresh E&T, service design, and supportive services options; effective strategies; intake, assessment, continuation, and exit practices; tracking systems; and data collection and reporting requirements.

f. Contractor shall provide comprehensive training to fiscal and programmatic staff of each new subrecipient on topics such as funding basics and allowable funding sources; supplantation prohibitions; reasonable and necessary costs;

document maintenance and invoice guidelines; cost allocations; budgeting;

and CalFresh E&T Annual Plan parameters.

g. Contractor shall provide individual technical assistance to each subrecipient.

h. Contractor shall support continuous quality improvement for subrecipients individually and collectively, using reviews and evaluation data for guidance.

4. Fiscal Requirements

a. Contractor shall monitor subrecipient’s financials, process invoices, and ensure funds are spent appropriately.

b. Contractor and its’ subrecipients shall comply with required time and effort reporting for staff paid through CalFresh E&T funds and those contributing to this work through cost share. Time and effort reports are required for all CalFresh E&T staff and volunteers devoting their time to the CalFresh E&T program.

c. Contractor shall ensure charges to the CalFresh E&T grant for administrative costs for subrecipient staff are in accordance with the official job descriptions and/or duty statements in which the individual was hired and financially compensated, in accordance with 2 CFR 200.430(i).

d. Contractor shall establish and maintain effective internal controls over the CalFresh E&T grant that provides reasonable assurance the Contractor is managing the CalFresh E&T funds in compliance with federal statutes, regulations, and the terms and conditions of the CalFresh E&T program in accordance with 2 CFR 200.303. Costs must be supported by documented policies and fiscal controls to approve and administer funds.

e. Contractor and subrecipient services shall be reasonable and necessary to accomplish CalFresh E&T goals and objectives. Services shall not supplant existing employment and training programs, rather enhance, and supplement them.

f. The Contractor shall reimburse it’s subrecipients the full allocable funds expended on allowable costs associated with participant wages through a subsidized work-based learning activity within the Work Experience component. Participant wages reimbursed to contractor’s subrecipients shall be in accordance with the FNS and the CDSS guidance.

g. Contractor shall ensure duplicate or additional payments for the same work are not received through separate agreements or grants.

5. Sub-contracts and Procurement

a. Contractor shall ensure that any solicitation for goods and/or services paid with CalFresh E&T funds and related to the operation and support of the program is procured according to federal and state regulations. All procurements must be necessary and reasonable to the operation of CalFresh E&T. The OMB clarifies several points regarding the updated procurement rules as part of the implementation of 2 CFR Part 200, also known as the “Uniform Guidance.” Contractor and its’ subrecipients as recipients of CalFresh E&T funds shall adhere to these guidelines for procurement accordingly.

6. Compliance and Coordination

a. Contractor and its subrecipients shall comply with the CDSS in programmatic reviews known as Management Evaluations (MEs) as mandated by the FNS as described in 7 CFR Section 275.5. The ME shall determine Contractor’s and its subrecipients’ compliance with both federal and state legislation, regulations, programmatic, fiscal operations, and the Contractor’s approved CalFresh E&T Annual Plan.

b. Contractor shall coordinate and comply with the CDSS by participating in technical assistance provided by the CDSS, as deemed necessary or requested by the CDSS.

c. Contractor shall facilitate information sharing and mutual learning, including communication of relevant the CDSS and the FNS guidance, with its subrecipients and potential subrecipients through appropriate methods, which may include webinars, teleconferences, all-subrecipient meetings, written communication, individual phone calls, and program visits.

d. Contractor shall comply with program reporting requirements as established by the CDSS. If Contractor does not provide to the CDSS complete and accurate reports, further payments to the Contractor shall be suspended until complete and accurate reports are received.

e. Contractor and its subrecipients shall comply with maintenance of CalFresh E&T programmatic and fiscal records in accordance with Civil Rights and OMB regulations.

1) These records include but are not limited to all CalFresh E&T participant forms, CWD referral verification, data, assessments, monthly CalFresh eligibility verification, time and effort reporting, participation tracking, and CalFresh E&T component assignment documentation, justification, and receipt of supportive services for CalFresh E&T participants.

2) Contractor shall retain all records in compliance with federal regulations for no less than three-years or the conclusion of any program related audits or programmatic reviews initiated prior to record destruction.

f. Contractor shall support implementation of the CalFresh E&T program by coordinating with each subrecipient regarding referrals, services, reporting and as necessary, CalFresh E&T eligibility confirmations.

g. Contractor shall participate in meetings with the CDSS and key stakeholders and shall otherwise engage with stakeholders to advance CalFresh E&T goals.

h. Contractor and its subrecipients shall coordinate with the local CWDs regarding CalFresh E&T participant referrals, reverse referrals, services, reporting and, as necessary, CalFresh E&T eligibility confirmations.

1) The local CWD is responsible for ensuring individuals are certified for

CalFresh benefits, screened for work registration and Able- Bodied Adults Without Dependents exemptions and referral to CalFresh E&T.

i. Contractor through its subrecipients shall have the authority and responsibility to conduct a “Provider Determination” in accordance with 7 CFR 273.7(c)(18)(i)(A). Contractor through its subrecipients shall determine whether a CalFresh E&T participant is not a good fit (i.e., ill-suited) for a CalFresh E&T component and communicate the determination to the local CWD within ten days of determination.

j. Contractor through its subrecipients shall provide CalFresh E&T participants case management services, in accordance with 7 CFR 273.7(e)(1), which can include but is not limited to comprehensive intake assessments, employability assessments, case notation, development of an individualized service plan, progress monitoring, and coordination with service providers.

k. Contractor shall ensure subrecipients offer and issue supportive services to CalFresh E&T participants that are reasonable and necessary including transportation, dependent care, and ancillary.

7. Annual Plan

a. Contractor shall submit a CalFresh E&T Annual Plan by the specified date as instructed annually by the CDSS that incorporates all services the Contractor plans to offer for Federal Fiscal Year (FFY) 20XX, FFY 20XX, and FFY 20XX.

The final plans are subject to the CDSS approval.

b. Contractor shall amend the CalFresh E&T Annual Plan to comply with any changes in state or federal statutes, regulations, or policies.

c. Contractor shall assist in the production of the subrecipient CalFresh E&T Annual Plans (by working with subrecipients to define services, budgets, participants, supportive services amounts and methods, etc.) and drafting language for the proposals. Selection of subrecipients and finalized subrecipient CalFresh E&T Annual Plans are subject to the CDSS approval.

1) Contractor, through its subrecipients, shall provide one or more of the following allowable CalFresh E&T components to eligible CalFresh E&T participants as described in 7 CFR, Part 273.7(e): Education, Job Retention, Self-Employment Training, Supervised Job Search, and Work Experience.

2) Contractor’s performance target is to provide CalFresh E&T services to

XXXX participants on an annual basis in FFY 20XX.

3) Contractor’s performance target is to provide CalFresh E&T services to XXXX participants on an annual basis in FFY 20XX.

4) Contractor’s performance target is to provide CalFresh E&T services to XXXX participants on an annual basis in FFY 20XX.

8. Outreach

a. Contractor and its subrecipients may use CalFresh E&T funds to conduct outreach directed to individuals already enrolled in CalFresh to inform them about the CalFresh E&T program, in accordance with 7 CFR 277.4(b)(5).

Recruitment activities designed to persuade an individual to apply for CalFresh benefits are not allowable.

b. Contractor through its subrecipients may conduct outreach to CalFresh recipients for the CalFresh E&T program via radio, television, social media, websites, or billboard advertisements. Contractor and or subrecipients shall not promote CalFresh benefits or enrollment.

1) Contractor shall maintain regular communications with the CDSS and work collaboratively with the CDSS to expand CalFresh E&T services.

2) Contractor shall support subrecipients with branding and media placement.

9. Accessibility

Contractor shall comply with California Government Code sections 7405 and 11135. Contractor shall comply with the accessibility requirements of section 508 of the Federal Rehabilitation Act of 1973 (29 U.S.C. section 794d), Title 36, Part 1194 of the Code of Federal Regulations, as well as the requirements of the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at minimum Level AA success criteria.

F. Contractor Service Location(s)

The services shall be performed at various facilities accessible to the Contractor and the CDSS throughout the state of California.

G. CDSS Responsibilities

1. Review the Contractor’s CalFresh E&T Annual Plan upon submission prior to the start of each FFY and incorporate approved information into the CDSS CalFresh E&T Annual Plan.

2. Provide guidance on program and fiscal policy, compliance, and program direction and collaborate to achieve program growth objectives and develop state-level partnerships.

3. All printing shall be sent to the California Department of General Services, Office of State Publishing (OSP). It is the responsibility of the CDSS Project Representative to obtain an exemption from OSP to competitively bid out any and all printing listed within this Agreement.

H. Project Representatives

The project representatives during the term of this Agreement shall be:

CDSS Contractor Name Name Title Title Address Line 1 Address Line 1 Address Line 2 Address Line 2 Phone Number Phone Number Email Email

The Project Representative may be changed by providing written notice to the other party within five (5) business days of the change. Said change shall not require an amendment to this Agreement.