ORDER N0. ~78c@ RF'pROVRL RND EXECUTION OF TEXAS WDRKFORCE COMMISSION CHILll CRRE LDCRL INITIRTIVE RGREEMENT On this the c8th day of October, c@@~, upon motion made by Commissioner Williams, seconded by Commissioner Griffin, the Co~ar•t unanimously approved by a vote of 4-@-@, the Teuas Workforce Commission Child Care Local Initiative Rgreement, and authorize County .Tudge to sign the same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Brenda Chapman OFFICE: Kerr County YMCA Dam Sharron Wade Sunshine Inn Day Caze Center MEETING DATE: October 28. 2002 TIME PREFERRED: 9:15 a.m. SUBJECT: (PLEASE BE SPECIFIC) Approval and execution of Texas Workforce Commission (TWC) Child Care Local Initiative Agreement, Program #08220003FY03 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: Brenda Chapman & Sharron Wade 5 - 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapte- 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has beer. prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. PLEASE NOTE: Please sign three (3) originals. Brenda Chapman will pick them up from the Clerk's office and submit them to the appropriate Alamo Workforce Development office. Child Care Local Match Contribution Agreement ALAMO WorlQorce Development Board ~ ~~ ~ ~ 2~ ~FVAME OF_:CONTRIBUTOR -. KERB COUNTY ,PLEDGED LpCAL MATCH AMOUNT DONATION TRANSFER CERTIFICATION OF EXPENSE $50,000 The Contributor identified above pledges the local funds as indicated above in order for the Board to draw down federal child care funds. Both the local and matched federal funds will be used for the provision of allowable child care services in the local workforce development area (workforce area). All parties understand and agree that (1) the appropriate Federal Medical Assistance Percentage for Texas will be used to determine the amount of federal funds matched as a result of this local contribution, and (2) this agreement is contingent upon acceptance of this agreement in an open meeting by a majority of the Commissioners of the Texas Workforce Commission. SIGNATURES: The person signing this agreement on behalf of the Contributor or the Board hereby warrants that he or she has been fully authorized by their organization to: • execute this agreement on of his or her organization, and • validly and legally bind his or her organization to all the terms, performances, and provisions of this agreement. For the faithful performance of this agreement as delineated, the parties below affix their signatures and bind their agencies effective October 1 2002 and continuing through August 31, 2003. ALAM V WORKFORCE DEVE Signature Miller ~e Director Local Contribution Agreement PART A, GENERAL AGREEMENT TERMS SECTION 1: The Contributor, by executing this agreement, certifies that: a. It is not currently a party to an administrative proceeding pending before the Texas Workforce Commission (TWC). If the Contributor should become a party to an administrative proceeding before the Commission prior to acceptance of this agreement by TWC, this agreement shall be void. b. The Contributor, if it is a for-profit entity, does not currently: i) have a contractual relationship with TWC for services or products of a value of $50,000.00 or Beater, or ii) have a bid before TWC for such a contract, except for a contract or bid that relates solely to providing child caze services. c. Upon execution of this agreement, the Contributor shall 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 TWC accepted a donation from the Contributor unless the contract or bid relates only to providing child care services. SECTION 2: The Contributor agrees as follows: a. To remit to the Boazd the pledged local share in accordance with Attachment A, Item F, Donation/'I'ransfer Payment(s) or Certification of Expense Schedule. b. For donations and transfers of funds, checks remitted by the Contributor must be made payable to the Texas Workforce Commission and submitted to the Boazd. c. To keep, and make available to the Board upon request, records adequate to show that the contributed funds put forth in this agreement are eligible for matching purposes. d. When certifying the expense of public funds as the local match, to provide the Board with a statement that certifies the expense and includes information detailing services delivered and expenditures in the format and within the time frames prescribed by the Board. e. The Contributor certifying expense as child care match will also certify that certified expenditures represent expenditures eligible for federal match, were not used to match other federal funds, and were not federal funds unless authorized by federal law to be used to match other federal funds. f. To provide the Boazd, upon request, with data needed for federal reporting purposes. SECTION 3: The Board agrees as follows: a. To use the funds donated or transferred by the Contributor, and the resulting federal funds, to purchase child care services, including quality enhancement activities, within the workforce area consistent with the intent of this agreement. b. To ensure that child caze services provided by funding made available through this agreement are only those provided in accordance with all applicable local, State, and federal laws and regulations. c. To ensure that expenditures resulting from a certification of expense by the Contributor (if applicable) rzpresent expenditures eligible for federal match; were not used to match other federal funds; and were not federal funds unless authorized by federal law to be used to match other federal funds. d. To inform the Contributor of the time frames and procedures for remitting payment of pledged funds or submitting reports delineating certification of expenditures during the contribution period. SECTION 4: The Boazd and the Contributor agree as follows: a. Attachment A, Child Care Local Match Contribution Information Agreement, is incorporated by reference. b. To comply with federal regulations in 45 CFR 98.53 and 98.54 regarding the donation of funds, transfer of funds, and certification of expense by public entities as match for federal child care funds. c. Other agreed-upon local operating plans and procedures used to implement and carry out the terms and intent of this agreement must comply with Board policies and procedures. d. This ageement for the Contributor to provide matching funds is contingent upon the availability and amount of unmatched federal Child Care and Development Fund appropriations. If such funds are otherwise unavailable or reduced, written notice of termination, payment suspension, or funding reduction will be given by any party. e. Performance under this agreement is contingent upon the final acceptance of the contribution in an open meeting by a majority of the Commissioners of the Texas Workforce Commission. f. These terms and conditions maybe amended by written agreement of all parties at any time prior to the current agreement end date, as indicated on Page 1 of this agreement, contingent upon acceptance of the amended terms and conditions by all parties. g. If federal, State, or local laws or other requirements aze amended or judicially interpreted so as to render continued fulfillment of this agreement, on the part of any of the parties, substantially unreasonable or impossible and if the parties should be unable to agree upon any amendment that 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 agreement, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination. h. This agreement may be terminated by any party, for any reason, upon written notification to the other parties of at least 30 days in advance of such termination. Such written notification will be sent to the Contributor's address specified in Attachment A of this agreement and to the Board's address at 115 E. Travis, Suite 220 San Antonio, Texas 78205. Services to be funded are as follows: 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. Kerr County and the Board understand that this agreement is subject to the availability of funding, and if such funds become unavailable, or if the total amount of funds allocated for this agreement should become depleted 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. Kerr County and the Board agree that the CCMS Contractor shall provide such reports of services and e~cpenditures as is deemed necessary by the Board and TWC. Kerr County and the Board agree that the CCMS Contractor shall submit claims for child care to TWC on behalf of the Kerr County, and that Kerr County shall receive reimbursement of the federal shaze, and that Kerr County shall submit such certification statements as are required by TWC. Kerr County agrees to provide the Board with the Local Initiative Pledge Remittance Report on a quarterly basis according to the reporting dates reflected in the Certification of Expenditures Schedule. Kerr County and the Boazd agee that failure to submit the Local Initiative Pledge Remittance Report may cause a delay in reimbursement of the federal share. Kerr County and the Board agree that the CCMS Contractor (AADC) 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 (AADC) an amount equal to 10% of the amount of claimable child care services. Kerr County shall then be able to claim payment of the 10% upon submission of an invoice (request for payment form) with supporting documentation of local certification to AWD. Invoices shall be addressed to: Alamo Workforce Development, Inc. Attn: Child Care Unit 115 E. Travis, Suite 220 San Antonio, Texas 78205. Ken County and the Board agree to coordinate enrollment efforts. Ken County and the Board agree that the types of clients to be served are CCMS eligible clients that aze enrolled in the CCMS program. The process for intake will be at the CCMS designated facilities unless otherwise agreed upon by Kerr County and the Board. Kerr County and the Board agree that enrollment and termination are based on standazd procedures followed by CCMS. Kerr County and the Boazd agree that coordination of client services is to be handled by the CCMS client services staff: Ken County and Board agree that facility/provider matters are to be coordinated by CCMS vendor management staff. Kerr County and Board agree that the CCMS accounting staff will coordinate service and cost reporting provisions. Attachment A: CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION A. BOARD INFORMATION: Board Name: Alamo Board Staff-Contact Name: EmilyOrtiz-Wheeler Phone: 210-581-1073 Fax: 210-272-3292 E-mail Address: em i ly. ortizwheeler@twc. state. tx, us B. CONTRIBUTOR INFORMATION: Contributor Name: Kerr County Contributor Address: Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Type Of Entity: GOVERNMENT Name of Fiscal Agent (rf applicable) Vendor ID Number or Federal Employer ID Number of Contributor or Contributor's Fiscal A ent ~q-6oolg9q Contributor Contact Name: Tommy Tomlinson Phone: 830-792-2237 Fax: 830-792-2218 E-mail Address: C. ORIGINATING AGREEMENT INFORMATION: Type of Contribution: ^ Donation (Private Entity) ^ Transfer (Public Entity) ®Certification of Expense (Public Entity) Pledged Local Match Amount: $50,000 Program Number: 08220C03FY03 Did a Board Member assist in securing this local match agreement? ^ YES ® NO • If YES, Name of Board Member: • How did the Board Member assist? D. AMENDMENT INFORMATION: Amendment Number: Purpose: ^ Increase Local Match Amount by $ for a new Pledged Amount of $ (see modified Schedule). ^ Decrease Local Match Amount by $ for a new Pledged Amount of $ (see modified Schedule). ^ Change in Schedule (payment dates and/or certfication of expense report dates only) ^ Other: 5 E. UTILIZATION OF FUNDS DESCRIPTION: The planned utilization of funds, including planned amounts, is described below. Utilization of funds must be in compliance with 45 CFR 98.53. 1. Cash Contributions: The description addresses the Board's planned utilization of local and federal funds resulting from donation and Vansfer of funds agreements. Descri lion Planned Fundin Direct Child Amount of funding: Care $ Child Care Amount of funding: Quality $ Im rovement 2. Certification of Expense: The descriptions below describe (1) the allowable child care services that resulted in expenses certfied by the Contributor and (2) the Board's planned utilization of the resulting matched federal funds resulting from the certification of expense. Descri lion Fundin Direct Child 1. Expenses certified by the Contributor: Child care staffing costs. Amount of funding: Care $ 50,000 (Local Share) Source of Funds: Communit Donors Direct Child 2. Board's planned use of federal funds: To maintain care for 70 Amount of funding: Care qual~ed children currently enrolled and provide services to other $ 74,968 ual'fied children as available. Federal Share Child Care 1. Expenses certified by the Contributor: Amount of funding: Quality $ Improvement (Local Share) Source of Funds: Child Care 2. Board's planned use of federal funds: Amount of funding: Quality Im rovement Federal Share F. DONATION/TRANSFER PAYMENT(S) AND CERTIFICATION OF EXPENSE SCHEDULE: In compliance with Section 2 (a) of this agreement, the Contributor will remit payment or reports of actual expense in accordance with the completed schedule below. 1. DonationCLransfer Payment(s) (Local Share) Donation/Transfer Date Actual Amount 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. TOTAL 2. Certification of Expenditures (Local Funds): Certification Period R ortin Date * Planned Amount of Ex erase 1. From !011102 to 10!31102 12!31102 $4 545.45 2. From 11/1/02 to 11/30/02 12/31/02 $4 545.45 3. From 12/1/02 to 12/31/02 12/31/02 $4 545.45 4. From 111103 to 1!31103 3/31103 $4 545.45 5. From 2/1/03 to 2/28/03 3/31/03 $4 545.45 6. From 3/1/03 to 3/31/03 3/31/03 $4 545.45 7. From 4f 1!03 to 4130103 6130103 $4 545.45 8. From 5/1/03 to 5/31/03 6/30/03 $4 545.45 9. From 6/1/03 to 6/30/03 6/30/03 $4 545.45 10. From 7!1103 to 7131!03 R/31!03 $4 545.45 11. From 8/1/03 to 8/31/03 8/31/03 $4 545.50 12. From to TOTAL $50 000.00 * Explanation (if reporting dates are outside the agreement effective dates): 7