ORDER NO. 25680 APPROVAL OF CHILD CARE INITIATIVE CONTRACT DECEMBER 14, 1998 VOL. V PAGE 882 i]I~iAf=Fi I410. .2:`.',63@ f1F'~'f~if7Vr'1L. QF~ C:fIILA GE•1Fi~ It~III~IG~T'IVf: GfINTF~f~C"T CJr'r 'Lh:is day t:he+ 1~3'L-h day of D~=ceiirL'+e'r, 1393 tal:ror•r nroti(:,n madr-.~ t?y L'.c?mmie:.sione•r L.etz, secc?nclecl t?y Cc?nrmissiorre'r C)etrler, this Gourt: unanimously approved by a vote of 4-@-@, to aphr(:;vcz thrz (:h :i..ld C'arE_~ Ini'L-iative Cnntrac•t betwf::~c;n ~fe;cas Wnrkforc(r I7eve3opm~>r~t, Ir•rce anti h:e•rr C:c?((nty and aut.trar•izc tt'~f~~ C;ourrty ;Jud~~e 'L-(a s:i.rin samfa7 ~ WORKFORCE COMMISSION ~i~~n~~~~~~r~s~ ORlGINAI LWDA * 20 Contrtbation Agreemen[ ~I~: 08220Y06 Cori>rtbuflor's EIN: 74-6001494 NAME OF CONTRIBUTOR: Kerr County ADDRESS: Kerr Couari Coarthonse, 700 Main Street, Kerrvllle, TX T8028 TYPE OF SERVICES: X Direct Care (not Pro-K) _ DtreM Care (Pro-K) _ Quality I~rovement TYPE OF CONTRACT: X Certiflcatloo Transfer Donatlon TYPE OF ENTITY: For Profit Not for Prot[t, faith-0ased Not for Protit, not faith-based X Unit of Government CCMS RELATIONSffiP: X* Services arranged throagh CCMS R •* Services not arranged through CCMS ' froar 11/1/94-d/jL99 *•1ro~ 9/li9d -1Ar3L9d The federal matching share for costs of child care services will be the Federal Medical Assistance percentage for Tezas for each Federal Fiscal Year. e tuna o gram 100 000 165 11 The Contributor seeks to expand the availability of child care services by either donating or transferring eligible funds to be used az the local share for the costs of child care services or to certify expenditures for support and provision of child care services. The Contributor agrees to perform under this contract in compliance with all applicable Federal and State laws, regulations, and rules, and in accordance with the provisions of this FY 1999 Cttild Care Lora! Initiatives Agreement consisting of the following parts which are hereby incorporated into this contract and constitute promised performances by the Board, the Commission and the Contributor: • Agreement Cover Sheet • Part A -General Contract Terms • Part B -Service Description and Payment Schedule S[GNATURES: For the faithful performance of this contract az delineated, the parties below affix their signatures and bind their agencies effective September 1, 1998 and continuing through August 31, 1999 TEXAS WORKFORCE CO I BY: rgnature) Mike Sheridan (Name) Executive Director (Title) CONTRffi BY: (signature) (Namc) Robert A Denson {Title) Coun Iufjge NA.'-[E OF LOCAL WORKFORCE DEVELOPMENT BOARD BY: (signs e) (Name) Nickie G. Valdez ~ (Title) President Conmcr Cover August, 1998 STATE OF TEXAS COUNTY OF TRAVIS CHILD CARE LOCAL INTfUTIVES AGREEMENT PART A -GENERAL CONTRACT TERMS The TEXAS WORKFORCE COM11bIISSION (TWC) is the lead agency in Texas for the administration of child care funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). TWC has insufficient appropriations of state fiords necessary to fully utilize the federal child caze matching funds available under the PRWORA. The federal matching share for costs of child care services is the federal medical assistance percentage for Texas applicable to the federal fiscal year grant funds used. Entities may contribute the non-federal share in matching federal child caze funds by donation, transfer or by expenditure certification. 1. The Contributor agrees as foflows: 1.1. To keep, and make available to TWC (and the Board where applicable), upon request, records adequate to show that the locaUstate funds put forth in this contract aze eligible for matching purposes under PRWORA. ' 1.2. The Contributor, by executing this agreement, assures TWC that it is not currently a party to an administrative proceeding pending before the commission. The parties to this agreement, furthermore, understand and agree that if the Contributor should become a party to an administrative proceeding before the commission prior to acceptance of this agreement by the commission, this agreement shall be void. 1.3. In donor agreements, the Contributor, by execution of this agreement, assures TWC that it does not now have a contractual relationship with TWC for services or products of a value of $50,000.00 or greater, at the time of donation nor does it currently have a bid before TWC for such a contract, except this restrictive section shall not apply to a contract or bid which relates solely to providing child caze services. 1.4. In donor agreements, the Contributor acknowledges that upon execution of this agreement it may not enter into a contract with TWC or submit a bid in response to a request for proposal issued by TWC before the first anniversary of the date on which the commission accepted a donarion firm the Contributor unless the contract or bid relates only to providing child caze services. 1.5. That the only child caze services covered under this agreement aze those provided in accordance with all applicable local, state and federal laws and regulations. c~t~t o«LL~t August, 1998 1.6. The Contributor understands and aclmowledges that the federal funding provided thmugh TWC that is available for this agrameat may be limited to the period from the beginning date to the ending date of this agreement. 1.7. In certification agreements, the Contributor agrees to provide TWC and/or the Board with certification information detailing services and expenditures for care and support in the format and within the time frames prescribed by TWC. 1.8. To provide TWC and/or the Board with data needed for federal reporting purposes upon request. 2. TWC (and the Board where applicable) agrees: 2.1. To use funds donated or transferred by the Contributor solely to match federal funds for the cost of child care services under this agreement. 2.2. To use the funds donated or transferred by the Contributor and the resulting federal funds to purchase child care services consistent with the intent of this agreement. 2.3. To inform the certification Contributor of the time frames and procedures for certification of expenditures during the funding period. 2.4. To pay the certification Contributor the applicable federal matching share of the amount certified as total expenditures for support and provision of child caze services to eligible clients. 2.5. To prepare all reports to the federal government on expenditures and services in order to obtain federal matching funds. 3. TWC, (the Board where applicable), and the Contributor agree as follows: 3.1. Agreed upon local operating plans and procedures, which must be in compliance with TWC child care policies and procedures, will be used to implement and cony out the terms and intent of this agreemeat. 3.2. This agreement is contingent upon the availability of local, state and federal funds. If funds are otherwise unavailable or reduced, written notice will be given by either party of termination, payment suspension or funding reduction. 3.3. In the event that adequate local funds for the purpose set forth in this agreement are not received by TWC by the time services are billed, TWC will not pay for the services, and may terminate this agreement and/or services funded under this arrangement. Contract Docurnrnt August. 199g 3.4. In the event that the local funds for the propose set forth in this agreement are not received by TWC on or before the due daces specified in the payment schedule, TWC may withhold payments for services, terminate services and/or terminate this agreement. 3.5. The Contributor is under no obligation to continue its donation or transfer of funds in the event that these funds are not used consistent with the terms or this agreement. 3.6. This contract tray be amended by the agreement of the parties at any time. 3.7. It is agreed upon by the parties that performance under this contract is contingent upon the final acceptance of this agreement in an open meeting by a majority of the voting members of the commission. 3.8. To comply with all applicable federal laws and regulations in carrying out this agreement. If federal. state or local laws or other requirtmeats are amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of any of the parties, substantially unreasonable or impossible and if the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination. 3.9. This agreement may be terminated by TWC or the Contributor, for any reason, upon written notification to the other party of at least 30 days in advance of such termination. 3. I0. To consult before contract termination by TWC or in the event the Board should desire to present to TWC reasons for termination of this agreement. L Jn[.•3i: Jucument alas;. ass 3 SPATE OF TEXAS COl1NTY OF TRAVIS. CHILD CARE LOCAL INTTIATIVES AGFcEEMENT PART B-i SERVICE DESCRIPTION AND PAYMENT SCHEDULE 1. The child care services provided by this agreement from September 1. 1998 through October 31. 1998 are as follows: For the purposes of this document, the Alamo Workforce Development, referred to as AWD, the Certifier is referred to as Kerr County, who certifies the public funds, the donated funds may revert to the public entity or to an entity they designate. A. Kerr County Agreemenu: Ken: County agrees to provide operational support for child care ptnvided under this certification agreement and will: • Inswe that child Gaze services are provided only to eligible clients as defined by TWC. • Use TWC eligibility forms for initial eligibility determination and for eligibility re- determination or establish alternate application and eligibility form(s) approved by TWC. The form(s) to be used will be: 1) developed cooperatively with Kerr County, TWC, the AWDB, and the Vendors; and 2) maintained in the client file and be available for quarterly monitoring visits by Kerr County and TWC to establish program compliance. • Monitor required Vendor activities and documentation, including eligibility documentation, to determine compliance at least quarterly. • Prepaze a monthly statement of expenses and chazges for child caze services provided to eligible clients and provide TWC with client, financial and service delivery data, in a format and according to policies and procedwes approved by TWC. • Inswe that Vendors meet minimum requirements established for child care vendors in the Vendor Agreement (TWC Form 2430) and the Vendor Manual, including being licensed or registered by the Texas Department of Protective and Regulatory Sen•ices and cazrying a minimum of $300,000 per occurrence of liability insurance for the entire time covered by this agreement. • Inswe that all fiscal and client records and documentation aze retained for a minimum of three years after the end of this agreement. In the event there is an unresolved audit discrepancy at the end of such retention period, the records will be retained until the discrepancy is resolved. 4 Conmc[ JO~umnu ~u˘u;c.. aa8 B. Vendor Agreements: The Vendors will provide child caze to eligible children funded under this agreement and will: • Determine, re-determine and document client eligibility for child caze as defined by TWC, subject to oversight and monitoring by Kerr County. • Compute and assess parent fees using TWC policies and explain parent fee policies to pazents. • Insure compliance with TWC absence policies, explain absence policies to parents and maintain documentation of each child's attendance. • Prepare documentation necessary for Kerr County's monthly statement of expenses and charges and related data, including the following information for each eligible child served. • The names of children served each month • The number of days of care provided and the cost of caze per day • The total cost of care minus assessed pazent fees • Documentation of attendance • Verification of continued eligibility • Other client, financial and service delivery data required by Kerr County and TWC to include required reporting 2. Payment schedule: Date Est. Amount Date Est. Amount Date Est. Amount 09-30-98 22,092.50 10-31-98 22,092.50 5 Contract Document August, 1998 STATE OF TEXAS COUNTY OF TRAVIS CHILD CARE LOCAL IMTIATIVES AGREEMENT PART B-2 SERVICE DESCRIPTION AND PAYMENT SCHEDULE 3. The child raze services provided by this agreement from November 1.1998 through Aag_ast 31.1999 are as follows: A. For the purposes of this Contract, the Alamo Workforce Development, referred to as AWD, the Certifier is referred to as Kerr County, who certifies the public funds, the donated fiords may revert to the public entity or to an entity they designate. B. Kerr County and the Board agree to mutually coordinate service delivery and will develop and follow such local operating plans as are necessary to carry out the terms of this agreement. C. Kerr County a~ the Boatel understand that this agrcement is subject to the availability of the Kerr County's funding, and if such fiords become unavailable, or if the total amount of funds allocated for this agreement should become dtpleted during any budget period, then by written notice this agreement will be terminated, or payment will be suspended, or funding ~ will be reduced, as specified in the written notice. Kerr County and the Board agree to abide not only to notices from each other but also to notices from TWC as well. D. The CCMS Contractor agrees to provide such reports of services and expenditures as is deemed necessary by the Boazd and TWC. E. Kerr County and the Boadd agree that the CCMS Contractor shall submit claims for child care to TWC on behalf of Kerr County, that Kerr County shall receive reimbursement of the federa] share directly from TWC, and that Kerr County shall submit such certification statements as are required by TWC. F. Kerr County and the Board agree that the CCMS Contractor shall be compensated for operations expenses associated with the management of child care services in the following manner: Kerr County shall pay the CCMS Contractor an amount each month equal to 10% of the amount of claimable child care services. Kerr County shall then be able to claim payment to the CCMS Contractor directly to TWC and shall be entitled to reimbursement from TWC of the federal share. G. Kerr County and the Boadd agree to coordinate enrollment efforts. 6 Contract Dacurrcnt 4ugust.!998 H. Kerr County and the Board agree that the types of clients to be served aze CCMS eligible clients. I. The process for intake will be at the CCMS designated facilities unless otherwise agreed upon by Kerr County and the Boazd. J. Kerr County and the Board agree that enrollment and termination aze based on standazd procedures followed by CCMS. K. Kerr County and the Board agree that coordination of client services is handled by the CCMS client services staff. L. Kerr County and the Boazd agree that facility/provider matters aze coordinated by CCMS vendor management staff. M. Kerr County and the Board agree that the CCMS accounting staffwill coordinate service and cost reporting provisions 4. Payment schedule: Date Est. Amount Date Est. Amount Date Est. Amount 11-30-98 22,092.50 04-30-99 22,092.50 12-31-98 22,092.50 05-31-99 22,092.50 01-31-99 22,092.50 06-30-99 22,092.50 02-28-99 22,092.50 07-31-99 22,092.50 03-31-99 22,092.50 08-31-99 22,092.50 7 Contract Document August, 1998