To: Board of Supervisors
From: County Administrative Office
Agenda Section: Consent
SUBJECT:
title
Amendments to the Agreements Between County of Humboldt and Shasta County Private Industry Council, dba Smart Business Resource Center.
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Receive and ratify the attached Amended Professional Services Agreements with Smart Business Resource Center as signed by the County Administrative Officer (CAO);
2. Determine that the amendments serve a public purpose to ensure continuity of services; and
3. Authorize the CAO and/or the designee to execute subsequent and future amendments to these agreements.
Body
SOURCE OF FUNDING:
1120-287 Economic Development - Workforce
DISCUSSION:
Your Board has approved professional services agreements with Smart Business Resource Center (Smart) to provide workforce development services using funding offered through The United States Department of Labor and State of California Employment Development Department. These contracts include the following Professional Services Agreement with Smart Business Resource Center:
• Phase II of Opioid Crisis National Dislocated Worker Grant Funds approved July 9, 2019
• WIOA Adult and Dislocated Worker services approved June 23, 2020
• Workforce Innovation and Opportunity Act (WIOA) Youth services approved October 20, 2020
• WIOA COVID-19 Dislocated Worker services approved October 20, 2020
• WIOA for Rapid Response and Layoff Aversion Services approved October 20, 2020
The proposed contract amendments are adjustments to the agreed upon payment schedule to allow for weekly advance payments, with a year-end settlement process. The existing payment schedule agreement has resulted in cash flow issues for Smart due to delays in tendering payments. Smart contracts with other workforce development regions in California, and the changes made to the payment schedule are consistent with the agreements held between Smart and its other regional partners. Smart has requested these payment schedules in order to meet their internal fiscal commitments.
In addition, the agreement for the time frame to spend Phase II of Opioid Crisis National Dislocated Worker Funds has been extended. Considering significant impacts that the COVID-19 pandemic has had on the delivery of services nationwide, staff were recently notified that the State of California Employment Development Department has extended the date by which funds must be expended from September 30, 2020 to March 31st, 2022. The amended contract reflects this extension in the term end date.
Previously, your Board granted signature authority to the CAO for matters related to COVID-19 (Resolution 20-25). Due to the ongoing economic crisis caused by COVID-19, and the fact that these services are were both time sensitive and integral to our County’s current and post COVID economic recovery, staff considered whether these contracts would be executable under that Resolution.
Staff reviewed the matter with County Counsel and the Clerk of the Board for further guidance wherein it was identified that Resolution 12-100 transferred previous delegations of authority that were with the Community Development Services Director to the CAO so long as they related to delegation of authority regarding, “activities or programs in the areas of economic development, workforce investment. Headwaters Fund administration, Community Development Block Grant or HOME funding…”
Accordingly, staff gave these agreements to the County Administrative Officer for signature and the County Administrative Officer executed these agreements on December 11, 2020. However, as County Counsel and staff later identified that your Board previously executed the original agreements, it has been recommended by County Counsel that these agreements be brought back to your Board for ratification.
Now therefore staff brings the following amendment contracts to your Board;
1. First Amendment to the Professional Services Agreement with Smart Business Resource Center for Phase II of Opioid Crisis National Dislocated Worker Grant Funds.
2. First Amendment to the Professional Services Agreement with Smart Business Resource Center for WIOA COVID-19 Dislocated Worker Services.
3. First Amendment to the Professional Services Agreement with Smart Business Resource Center for Workforce Innovation and Opportunity Act (WIOA) for Rapid Response and Layoff Aversion Services.
4. Second Amendment to the Professional Services Agreement with Smart Business Resource Center for WIOA Adult and Dislocated Worker services.
5. First Amendment to the Professional Services Agreement with Smart Business Resource Center for Workforce Innovation and Opportunity Act (WIOA) Youth in the Eel River Valley and Eureka.
Staff recommends that your Board receive and ratify the attached Amended Professional Services Agreements with Smart Business Resource Center as signed by the County Administrative Officer and authorize the County Administrative Officer and/or designee to execute subsequent and future amendments to these Agreements. In addition, staff ask that your Board determine that these modifications to the agreements service a public purpose to ensure the continuity of services that are especially important during the COVID pandemic.
FINANCIAL IMPACT:
Funding for these agreements has been included in the fiscal year 2020-21 Adopted Budget and will not change due to the proposed contract amendments. There will be no impact to the county General Fund.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework by supporting business, workforce development and creation of private-sector jobs and facilitating public/private partnerships to solve problems.
OTHER AGENCY INVOLVEMENT:
N/A
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Board Discretion
ATTACHMENTS:
1. Agreement between County of Humboldt and Smart Business Resource Center for Phase II of Opioid Crisis National Dislocated Worker Grant Funds.
2. First Amendment to the Agreement between County of Humboldt and Smart Business Resource Center for Phase II of Opioid Crisis National Dislocated Worker Grant Funds.
3. Agreement between County of Humboldt and Smart Business Resource Centers for National Dislocated Worker Grant Funds COVID.
4. First Amendment to the Smart Business Resource Centers for National Dislocated Worker Grant Funds COVID.
5. Agreement between County of Humboldt and Smart Business Resource Centers for Rapid Response and Layoff Aversion Funds.
6. First Amendment to the Agreement between County of Humboldt and Smart Business Resource Centers for Rapid Response and Layoff Aversion Funds.
7. Agreement between County of Humboldt and Smart Business Resource Centers for Adult and Dislocated Worker Funds
8. Second Amendment to the Agreement between County of Humboldt and Smart Business Resource Centers for Adult and Dislocated Worker Funds
9. Agreement between County of Humboldt and Smart Business Resource Centers for Youth Funds
10. First Amendment Agreement between County of Humboldt and Smart Business Resource Centers for Youth Funds
11. 09-2-2005 Separation of Duties
12. Resolution 12-30
13. Resolution 12-100
14. Program Year 2018-2019 Title I WIOA Subgrant
15. 2005 Separation of Duties(1)
16. Resolution 12-100(1)
PREVIOUS ACTION/REFERRAL:
Board Order No.: C-6, C-9, C-12
Meeting of: 7-9-19, 6-23-20, 7-9-2020, 10-20-20
File No.: 19-814