AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
MAXIMUS HUMAN SERVICES, INC.
A SUBSIDIARY OF MAXIMUS, INC.
FOR THE PROVISION OF CASE MANAGEMENT SERVICES
THIS AGREEMENT, entered into this 1st day of July, 2009, which date is particularized for purpose of reference only, is by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and MAXIMUS Human Services, Inc., a subsidiary of MAXIMUS, Inc., a Virginia corporation, qualified to transact interstate business in the State of California, hereinafter referred to as "CONTRACTOR." This Agreement shall be administered by the County of Orange Social Services Agency Director or designee, hereinafter referred to as "ADMINISTRATOR."
W I T N E S S E T H:
WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of case management services; and
WHEREAS, CONTRACTOR agrees to render such services on the terms and conditions hereinafter set forth;
WHEREAS, such contracts are authorized and provided for pursuant to California Welfare and Institutions Code Section 11200 et seq., also known as the California Work Opportunity and Responsibility to Kids (CalWORKs) Act of 1997;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
TABLE OF CONTENTS
Page
1. TERM 5
2. ALTERATION OF TERMS 5
3. DEFINITIONS 5
4. STATUS OF CONTRACTOR 13
5. DESCRIPTION OF SERVICES, STAFFING 13
6. LICENSES AND STANDARDS 14
7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS 15
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE 15
9. USE OF COUNTY PROPERTY 18
10. NON-DISCRIMINATION 18
11. NOTICES 21
12. INDEMNIFICATION AND INSURANCE 22
13. CONFLICT OF INTEREST 26
14. ANTI-PROSELYTISM PROVISION 27
15. SUPPLANTING GOVERNMENT FUNDS 27
16. EQUIPMENT 27
17. BREACH SANCTIONS 28
18. PAYMENTS 29
19. OVERPAYMENTS 33
20. FINAL REPORT 33
21. INDEPENDENT AUDIT 33
22. RECORDS, INSPECTIONS AND AUDITS 34
23. PERSONNEL DISCLOSURE 36
24. EMPLOYMENT ELIGIBILITY VERIFICATION 37
24. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS 38
25. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING 39
26. CONFIDENTIALITY 39
27. COPYRIGHT ACCESS 40
28. WAIVER 41
29. PETTY CASH 41
30. PUBLICITY 41
31. COUNTY RESPONSIBILITIES 41
32. REPORTS 41
33. ENERGY EFFICIENCY STANDARDS 42
34. ENVIRONMENTAL PROTECTION STANDARDS 42
35. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 42
36. POLITICAL ACTIVITY 44
37. TERMINATION PROVISIONS 44
38. GOVERNING LAW AND VENUE 45
39. SIGNATURE IN COUNTERPARTS 45
Exhibit A
1. PROGRAM GOALS 1
2. POPULATION TO BE SERVED 1
3. PROVISION OF SERVICES 1
4. SERVICES TO BE PROVIDED 3
5. COORDINATED SERVICES 13
6. OTHER CONTRACTOR REQUIREMENTS 20
7. CASE RECORDS 24
8. REPORTING REQUIREMENTS 26
9. QUALITY CONTROL 27
10. PERFORMANCE MONITORING AND REVIEWS 28
11. FISCAL SANCTIONS 29
12. OUTCOME OBJECTIVES 30
13. HOURS OF OPERATION 31
14. FACILITIES 31
15. BUDGET 35
16. CONTRACTOR STAFF 37
1. TERM
The term of this Agreement shall commence on July 1, 2009, and terminate on June 30, 2010, unless earlier terminated pursuant to the provisions of Paragraph 38 of this Agreement; however, CONTRACTOR shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to obligations with respect to indemnification, audits, reporting and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to extend the term of this Agreement, for up to twelve (12) additional months, upon the same terms and conditions, provided that COUNTY's maximum obligation as stated in Subparagraph 18.1 of this Agreement does not increase as a result.
2. ALTERATION OF TERMS
This Agreement, including any Exhibit(s) attached hereto and incorporated by reference, fully expresses all understandings of the parties and is the total Agreement between the parties as to the subject matter of this Agreement. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, by the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.
3. DEFINITIONS
3.1 MRM192R Employment Services Caseload Report: Computer generated report that indicates the cases that are currently assigned to CONTRACTOR.
3.2 Active Participant: An adult in CONTRACTOR’s caseload receiving CalWORKs aid payments, or a non-aided adult in CONTRACTOR’s caseload with an aided CalWORKs child. For the purposes of this Agreement, active participants exclude CalWORKs timed-out adults, minor-parents that are not head of household, undocumented non-citizen adults, SSI recipients, and/or other adults as defined by ADMINISTRATOR.
3.3 All Families: Cases with one or more adults who are required to participate in Welfare-To-Work (WTW) activities.
3.4 All Other Families: An Assistance Unit that includes one (1) or two (2) aided parent(s) or caretaker, and does not meet the definition of a two-parent family or zero-parent family.
3.5 Assessment: An evaluation of employability and the need for support services considering work history, employment skills, knowledge and abilities, education, educational competency level, local labor market conditions, physical limitations, or mental conditions. Assessments are conducted via a separate agreement.
3.6 Barriers to Employment: Circumstances that interfere with WTW participation, employment, or job search.
3.7 Behavioral Health Care Services: Services provided by the Orange County Health Care Agency (HCA) staff for participants in need of treatment for mental health and/or substance abuse which pose barriers to employment.
3.8 Business Days: Monday through Friday from 7:00 a.m. to 5:00 p.m. except COUNTY holidays as established by the Orange County Board of Supervisors.
3.9 CalWORKs: California Work Opportunity and Responsibility to Kids Act of 1997 as described in California Welfare and Institutions Code Section 11200 et seq.
3.10 CalWORKs Plan: A listing of major program goals and objectives; and a description of the major program elements which contribute to those goals and objectives.
3.11 CalWORKs/WTW Case Manager (CM): An employee of ADMINISTRATOR or CONTRACTOR who provides case management services to program participants.
3.12 Caseload: The number of cases assigned to a CM.
3.13 Cause Determination: A determination of good cause is conducted when a participant fails or refuses to meet program requirements.
3.14 Compliance Plan: A written plan developed by the CM during the Cause Determination interview to correct participant non-compliance with CalWORKs/WTW program requirements.
3.15 Computer Information System: ADMINISTRATOR’s on-line system that records participant activities and progress.
3.16 Core Welfare-To-Work Activities: Of the thirty-two (32) or thirty-five (35) weekly participation hours, at least twenty (20) hours must be in core Welfare-To-Work activities, as established by California Statutes.
3.17 COUNTY Technical Representative (CTR): COUNTY employee(s) responsible for providing programmatic assistance and advice to CONTRACTOR; and reviewing CONTRACTOR case files to ensure program integrity and that all necessary services are provided to clients.
3.18 Domestic Abuse Services Unit (DASU): Employees of ADMINISTRATOR assigned to provide domestic abuse services to CalWORKs clients, consisting of Case Managers, Ongoing Services Workers and Children and Family Services (CFS) Division Senior Social Workers.
3.19 Earned Income Tax Credit: A tax credit for certain people who work and have earned income under specified limits as outlined in the Department of the Treasury, Internal Revenue Service, Publication 596.
3.20 Employment Support Services: Services provided to WTW participants to increase the likelihood of securing employment, retaining employment, and increasing income, thereby reducing assistance payments and recidivism, while promoting family stability and economic self-sufficiency.
3.21 Engagement: A participant that has a signed Welfare-To-Work Plan, an appropriate Welfare-To-Work activity is assigned, and no demonstrated non-compliance.
3.22 Exemption: Condition(s) or circumstance(s) that precludes a CalWORKs assistance recipient from participation in the CalWORKs/WTW program.
3.23 Full-Time Employed: A participant in All Other Families who works or is self-employed at least 32 hours averaged weekly, or a participant in Two-Parent Families who works or is self-employed at least 35 hours averaged weekly.
3.24 Initial Services Worker (ISW): An employee of ADMINISTRATOR who is responsible for the initial eligibility determination for CalWORKs cash assistance, assessing the need for supportive services, and responsible for administering Supportive Services payments. The ISW is responsible for WTW cases through Assessment, except for participants enrolled in Self-Initiated Programs, Refugee Employment Services, or those referred to the DASU, who will be referred to a CM after eligibility for cash assistance is determined.
3.25 Job Placement: Employment of a participant who is earning at least minimum wage, as defined by Social Services Agency (SSA) policy.
3.26 Manual of Policies and Procedures (MPP): The California Department of Social Services (CDSS) Manual of Policies and Procedures that outlines requirements for the administration of CalWORKs/WTW and other assistance-related programs.
3.27 Multi-Disciplinary Team (MDT): A team of individuals from diverse expertise that meets to review case and family elements to optimize the client’s Welfare-To-Work (WTW) activities. The Case Manager (CM) may be responsible for calling the MDT meeting. MDT members may consist of the following: WTW Case Manager; Facilitator, determined by district office or area; Behavioral Health Services (BHS) staff; Public Health Nurse; Community Service Case Manager and educational provider when applicable; WTW activity providers that would benefit from the discussion; Ongoing Services Worker (OSW); Domestic Abuse services, if applicable; the CFS Social Worker, if there is an active CFS case; any other individual whose relevant expertise would benefit the MDT.
3.28 Mutual Client: A client who has both an open or pending CalWORKs case and an open or pending CFS case.
3.29 Narrative: A record of contacts with the participant and others. The record may include, among other related information, component activities; supportive services authorized; language needs; and cause determinations.
3.30 Non-core Welfare-To-Work Activities: Participation hours that remain after the initial twenty (20) weekly hours of core activities. Non-core Welfare-To-Work activities are established by California Statutes.
3.31 North Orange County Service Area (CalWORKs/WTW North Region): The geographical service area in which the following cities or unincorporated areas are located:
AnaheimAtwood
Brea
Buena Park
El Modena / Featherly Park
Fullerton
La Habra
La Palma
Modjeska Canyon / Orange
Placentia
Villa Park
Yorba Linda
CONTRACTOR and ADMINISTRATOR may mutually agree in writing to change, add to, delete from, or otherwise modify the geographical service area particularized above.
3.32 Notice of Action: A written notice sent to participants when there is an approval, change, discontinuance, or denial of request for services or benefits.
3.33 One-Stop Career Centers: Employment-based facilities integrating COUNTY and contracted service providers into single workforce centers, which provide comprehensive career services and labor market information to participants seeking jobs under various Federal and State funded programs. The centers are established statewide under S.B. 1417 (Chapter 819, Statutes of 1994), to implement a collaborative system of employment, training and education programs and services, in support of California’s economic development.
3.34 Ongoing Services Worker (OSW): An employee of ADMINISTRATOR who is responsible for continuing CalWORKs eligibility and for administering supportive services payments. Also assists the CM in providing necessary services and motivation to WTW participants.
3.35 Participant: A recipient of CalWORKs financial assistance benefits who has voluntarily enrolled, or is required to participate in the CalWORKs/WTW program pursuant to State regulations.
3.36 Participation Rates: Percentage of CONTRACTOR’s caseload that meets the minimum participation requirements as established by the Orange County CalWORKs Plan, incorporated herein by reference. Until report data is available from ADMINISTRATOR’s computer information system, a statistically representative random sample of CONTRACTOR’s caseload will be used to complete manual case reviews to determine CONTRACTOR’s participation rate. It is mutually understood that the State requires COUNTY to conduct a review of cases to determine COUNTY’s participation rate, and that the State determines which cases will be included in this review. Any cases assigned to CONTRACTOR that are included in the review directed by the State will be included as a subset of the sample of CONTRACTOR’s cases.
3.37 Participation Requirements: Requirements as established by California Statutes for the administration of the CalWORKs/WTW program.
3.38 Reappraisal: If the WTW Plan is completed without the participant obtaining unsubsidized employment, CONTRACTOR shall conduct a Reappraisal. A revised WTW Plan may be developed.
3.39 Recipient: A person who is receiving CalWORKs aid payments.
3.40 Refugees: Persons as defined in the Immigration and Naturalization Act, as amended, and the Refugee Education Assistance Act of 1980 (Public Law 96-422), Section 101 (1) (a) (42); 8 USC 1101 (a) (42) (a). A refugee is a “person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such persons habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group, or political opinion.” Refugees must be at least eighteen (18) years of age and not full-time students in primary or secondary schools.
3.41 Rights and Responsibilities: An explanation of the CalWORKs/WTW program reporting responsibilities, and the participant’s right to a fair hearing if he/she is dissatisfied with any decision by COUNTY or CONTRACTOR concerning eligibility to benefits, amount of benefits, or entitlement to services, including employment services.
3.42 Sanction: A penalty consisting of a reduction in the family’s grant by removing a non-complying participant from the Assistance Unit. The term “sanction” applies when the participant, without good cause, fails or refuses to participate in a mandated activity associated with WTW requirements, or to sign a WTW Plan.
3.43 Self-Initiated Program (SIP): An education or training program in which the participant has enrolled before or at the time he or she is initially required to participate in CalWORKs WTW activities.
3.44 Senior Social Worker (SSW): Senior Social Worker assigned to a caseload in CFS, and supporting CalWORKs clients.
3.45 Subsidized Employment: Employment in which a portion of the wage is paid through a government subsidy.