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HomeMy WebLinkAboutPR 21704: AGREEMENT WITH WORKFORCE SOLUTIONS SOUTHEAST TEXAS BOARD 0' t t'‘,t ' / urt rtJruf - h www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 3, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough,Director of Parks and Recreation M.-- RE: P.R. 21704—Agreement with Workforce Solutions Southeast Texas Board Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 21704 authorizing the City Manager to enter into an agreement with the Workforce Solutions Southeast Texas Board of Beaumont, Texas, to provide expenditures that the Workforce Solutions Southeast Board can use as a match for additional child care funds through a child care local match contribution agreement. Background: The Workforce Solutions Southeast Texas Board has several programs that benefit many Port Arthur residents. Pursuant to Resolution No.'s 14-513 and 19-513, the City of Port Arthur entered into an agreement with the Workforce Solutions Southeast Texas Board to provide expenditures that the Workforce Solutions Southeast Texas Board used as a match for additional child care funds. The expenditures are costs associated with the summer,recreation and after-school programs offered by the Parks and Recreation Department. The necessary match does not require money contributions but allowable expenditures from public entities. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.21704 authorizing the City Manager to enter into an agreement with the Workforce Solutions Southeast Texas Board of Beaumont, Texas, to provide expenditures that the Workforce Solutions Southeast Board can use as a match for additional child care funds through a child care local match contribution agreement. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. No. 21704 12/03/2020 dg RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO ENTER INTO AN AGREEMENT WITH THE WORKFORCE SOLUTIONS SOUTHEAST TEXAS BOARD OF BEAUMONT, TEXAS, TO PROVIDE EXPENDITURE DATA THAT THE WORKFORCE SOLUTIONS SOUTHEAST TEXAS BOARD CAN USE AS A MATCH FOR ADDITIONAL CHILD CARE FUNDS THROUGH A CHILD CARE LOCAL MATCH CONTRIBUTION AGREEMENT WHEREAS, Pursuant to Resolution No.'s 14-513 and 19-5133, the City of Port Arthur entered into an agreement with the Workforce Solutions Southeast Texas Board of Beaumont, Texas to provide expenditures that the Workforce Solutions Southeast Texas Board can use as a match for additional childcare funds through a child care local match contribution; and, WHEREAS, the Workforce Solutions Southeast Texas Board has several programs that benefit many Port Arthur residents, including the Workforce Investment Act training programs, National Emergency Grant for training, CHOICES, and Child Care assistance to low-income families; and, WHEREAS, the Workforce Solutions Southeast Texas Board provides child care assistance for about 475 Port Arthur children each day; and, WHEREAS, the Workforce Solutions Southeast Texas Board has the opportunity to draw additional child care assistance funds if sufficient match of non-federal funds are secured; and, WHEREAS, the necessary match does not require money contributions, but rather the certification of allowable expenditures from public entities; and, WHEREAS, the City of Port Arthur has costs associated with their summer, recreational and after-school programs that could be certified and used as match by the Workforce Solutions Southeast Texas Board to draw the additional child care assistance funds; and, WHEREAS, the reporting associated with this agreement will be minimal and does not have an adverse or cost impact upon the City of Port Arthur; and, P. R. No. 21704 12/03/2020 dg WHEREAS, the Parks and Recreation Director recommends that the City of Port Arthur authorizes the City Manager to enter into the proposed agreement; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City Council hereby authorizes the City of Port Arthur to enter into an agreement with the Workforce Solutions Southeast Texas Board to provide expenditures that the Workforce Solutions Southeast Texas Board can use as match for additional child care funds through a Child Care Local Match Contribution Agreement, attached hereto as Exhibit «A„ Section 3. THAT the necessary match does not require money contributions, but rather the certification of allowable expenditures from public entities. Section 4. THAT the reporting associated with this agreement will be minimal and not have an adverse or cost impact upon the City of Port Arthur. Section 5. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2020, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:(Mayor) Councilmembers: NOES: P. R. No. 21704 12/03/2020 dg Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: ?jai , Esq. City Attorney APPROVED AS TO ADMINISTRATION: Ron Burton City Manager atC(IYZ-CW—a&P/(96/A. Chandra Alpough Director of Parks and Recreation P.R.No.21704 12/03/2020 dg Exhibit "A" Child Care Local Match Contribution Agreement Local Workforce Development Board NAME OF CONTRIBUTOR CITY OF PORT ARTHUR PLEDGED LOCAL MATCH AMOUNT DONATION $ TRANSFER $ CERTIFICATION OF $283,990 EXPENDITURES The contributor identified above pledges the local funds as indicated in order for the Texas Workforce Commission(TWC)to draw down additional federal funds. Both the local and matched federal funds will be used for the provision of allowable child care services or activities in the following local workforce development area(s)(workforce area) or within the state if indicated through this agreement: SOUTHEAST TEXAS. 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 TWC's three-member Commission(Commission). SIGNATURES: The individual signing this agreement on behalf of the contributor or the Board hereby warrants that he or she has been fully authorized to: • execute this agreement on behalf 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 1,2020, and continuing through SEPTEMBER 30,2021. CITY OF PORT ARTHUR WORKFORCE SOLUTIONS SOUTHEAST TEXAS CONTRIBUTOR LOCAL WORKFORCE DEVELOPMENT BOARD Signature Printed Name RON BURTON MARILYN SMITH Title CITY MANAGER EXECUTIVE DIRECTOR E-mail ron.burton@portarthurtx.gov marilyn.smith@setworks.org Address (optional) Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 1 Child Care Local Match Contribution Agreement GENERAL AGREEMENT TERMS SECTION 1: Legal Authority In the State of Texas, TWC is designated as the lead agency for the administration of Child Care and Development Fund(CCDF) funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (42 United States Code (USC) §9801 et seq.). Pursuant to federal regulations (45 Code of Federal Regulations (CFR) Parts 98 and 99), TWC is the CCDF lead agency for Texas and the entity designated to accept donated funds from any private entity, or transferred funds from any public entity, or certifications of expenditures from public entities that may be used as match for available federal funds. As such, the terms of this agreement are contingent upon the certification of private donations(if applicable)by TWC, and the final acceptance of this agreement in an open meeting by a majority of TWC's three-member Commission. SECTION 2: For contributions from a private entity to TWC, the contributor, by executing this agreement,certifies that pursuant to Labor Code §301.021(b)—(d) and Texas Government Code §575.005: a. the contributor is not party to an administrative proceeding before the Commission. (i) Under Texas Government Code §575.005, "administrative proceeding"means a "contested case" as defined by Texas Government Code §2001.003, that is, "a proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing." (ii) Before accepting this agreement, TWC will verify whether the private entity contributor is party to an administrative proceeding before the Commission. If the private entity contributor is, or becomes a party to, an administrative proceeding before the Commission before the Commission's acceptance of this agreement, Texas Labor Code §301.021(b) and Texas Government Code §575.005 prohibit the Commission from accepting this agreement until the 30th calendar day after the date that the decision in the proceeding becomes final under Texas Government Code §2001.144. b. If the contributor is a for-profit entity, the contributor does not currently: (i) have a contract with TWC for services or products of a value of$50,000.00 or greater; or (ii) have a bid in response to a request for proposal for such contract before TWC. This condition does not apply to a contract or bid that relates only to providing child care services. c. Upon execution of this agreement, if it is for the contribution of privately donated funds from a for-profit entity, the contributor understands that pursuant to Texas Labor Code §301.021(d), 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 Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 2 which TWC accepted a donation from the contributor, unless the contract or bid relates only to providing child care services. SECTION 3: For contributions from a private entity to a Board, consistent with Labor Code §301.021(b)—(d) and Texas Government Code §575.005: a. the contributor is not party to a Board-level complaint or appeal pursuant to Chapter 823, Subchapter B. (i) Before accepting this agreement,the Board will verify whether the private entity contributor is party to a Board-level complaint or appeal. If the private entity contributor is, or becomes a party to, a Board-level complaint or appeal before the Commission's acceptance of this agreement, the Commission will not accept this agreement until the 30th calendar day after the date that the decision in the proceeding becomes final under Chapter 823. b. If the contributor is a for-profit entity, the contributor does not currently: (i) have a contract with the Board for services or products of a value of$50,000.00 or greater; or (ii)have a bid in response to a request for proposal for such contract before the Board. This condition does not apply to a contract or bid that relates only to providing child care services. c. Upon execution of this agreement, if it is for the contribution of privately donated funds from a for-profit entity, the contributor understands that consistent with Texas Labor Code §301.021(d),the contributor shall not enter into a contract with the Board or submit a bid in response to a request for proposal issued by the Board before the first anniversary of the date on which the Board accepted a donation from the contributor unless the contract or bid relates only to providing child care services. SECTION 4: The contributor agrees as follows: a. To remit to TWC the pledged local share in accordance with Item E, Donation/Transfer Payment(s)and Certification of Expenditures Schedule. b. For public transfers of funds and private donations made to TWC, checks remitted by the contributor must be made payable to the "Texas Workforce Commission" and submitted to TWC. c. For private donations made to the Board, the contributor must remit the donation to the Board. d. To keep, and make available to TWC or the Board upon request, records adequate to show that the contributed funds put forth in this agreement are eligible for matching purposes. The records shall be retained and made accessible for the longer of: 1)the period specified by the Board's record retention policies for such records, 2)seven years after the end date of this agreement, or 3)until the completion and resolution of all issues that arise from any litigation, claim, negotiation, audit, or other action that began during and was ongoing as of the end of the normal retention period. Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 3 e. When certifying expenditures of public funds as the local match, to provide the Board and TWC with a statement that certifies the expenditures, and includes information detailing services delivered and expenditures in the format and within the time frames prescribed by the Board. f. When certifying expenditures of public funds as the local match, to report to TWC no later than the 14th month of the grant certifications consistent with the contributions schedules and payment plans specified in the local agreement. g. To certify that the expenditures used as child care match are eligible for federal match, and were not used to match other federal funds. h. Donations from private entities: (i) are donated without any restriction that would require their use for a specific individual,organization, facility, or institution; (ii) do not revert to the donor's facility or use; (iii) are not used to match other federal funds; (iv) shall be certified both by the donor and by TWC; (v) shall be subject to the audit requirements in 45 CFR §98.65; and (vi) shall be subject to federal reporting; entities shall provide the Board and TWC, on request, data needed for federal reporting purposes. SECTION 5: The Board agrees as follows: a. To use the funds donated or transferred by the contributor, and the resulting federal funds for child care services consistent with the intent of this agreement and in accordance with applicable local, state, and federal laws and regulations. b. To ensure that certified public expenditures (if applicable)represent expenditures eligible for federal match; were not used to match other federal funds, were not federal funds unless authorized by federal law to be used to match other federal funds, and do not represent expenditures for public prekindergarten programs as referenced in 45 CFR §98.55(h). c. To ensure that donations from private entities: (i) are donated without any restriction that would require their use for a specific individual, organization, facility, or institution; (ii) do not revert to the donor's facility or use; (iii) are not used to match other federal funds; (iv) shall be certified both by the donor and by TWC; (v) shall be subject to the audit requirements in 45 CFR §98.65; and (vi) shall be subject to federal reporting; entities shall provide the Board and TWC, on request, data needed for federal reporting purposes. 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 6: The Board and the contributor agree as follows: a. That performance under this agreement is contingent upon the certification of private donations (if applicable)and the final acceptance of this agreement in an open meeting by a majority of TWC's three-member Commission. Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 4 b. "Child Care Local Match Contribution Information"is incorporated by reference. c. To comply with federal regulations in 45 CFR §98.55, relating to matching fund requirements, and 45 CFR §98.56, relating to restrictions on the use of funds. d. To submit a certification of expenditures report, certifying that the child care—related expenditures were incurred according to regulations and policies to draw down such federal matching funds, and have not already been used as match for any other federal matching program. e. 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. f. This agreement for the contributor to provide matching funds is contingent upon the availability and amount of unmatched federal CCDF appropriations. If such funds are otherwise unavailable or reduced, written notice of termination, payment suspension, or funding reduction will be given by any party. g. These terms and conditions may be amended by written agreement of all parties at any time before the current agreement end date, as indicated on page one of this agreement, contingent upon acceptance of the amended terms and conditions by all parties. h. If federal, state, or local laws, or other requirements are 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. i. 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 as specified in Section B of the Child Care Local Match Contributor Information in this agreement. Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 5 CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION A. BOARD INFORMATION: Board Name: WORKFORCE SOLUTIONS SOUTHEAST TEXAS Board Address: 510 PARK STREET, SUITE 500,BEAUMONT, TX 77701 Board Staff Contact Name: MARY HAMMON Phone: 409-719-4750 Fax: 409-212-1034 E-mail Address: mary.hammon@setworks.org B. CONTRIBUTOR INFORMATION: Contributor Name: CITY OF PORT ARTHUR Contributor Address: 444 4TH STREET PORT ARTHUR,TX 77640 Type of Entity: CITY Name of Fiscal Agent (if applicable): Vendor ID Number or Federal Employer ID Number of Contributor or Contributor's Fiscal Agent: 746001885 Contributor Contact Name: CHANDRA ALPOUGH Phone: 409-983-8218 Fax: 409-983-8282 E-mail Address: chandra.alpough@portarthurtx.gov C. ORIGINATING AGREEMENT INFORMATION: Type of Contribution: ❑ Donation(Private Entity) ❑ Transfer(Public Entity) ® Certification (Public Entity) Pledged Local Match Amount: $ 283,990 Amounts secured in excess of the pledged local match amount, if any, are herein included in this agreement and approved for use in accordance with this agreement, including use for statewide match purposes, if agreed in this agreement. The contributor voluntarily agrees and allows that any local contributions secured in excess of the amount needed to draw down the federal match amount allocated to Agree the workforce area may be used for statewide match purposes. (Check if agree.) Program Number: 1821CCM001 Southeast TX WDA The contributor voluntarily agrees and allows that any certifications of expenditures and donations over the pledged amount will be aggregated and obligated at the state level. The excess amounts will be applied to the local leverage amounts that all ®Agree workforce areas are required to secure to access federal matching funds allocated among all workforce areas. (Check if agree.) 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? Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 6 D. USE OF FUNDS DESCRIPTION: The planned use of funds,including planned amounts,is described below. Use of funds must be in compliance with the state's CCDF State Plan in effect for the contract period. 1. Cash Contributions: The description below addresses the Board's planned use of local and federal funds resulting from donation and transfer of funds agreements. Planned Local Fund Use and Federal Funding($) Direct Child The funds will be used: Care 1. for direct child care services; 2. for eligible children and families meeting TWC and Board eligibility criteria; $ and 3. at child care providers eligible under TWC rules. Source of Local Funds: Child Care The funds will be used for quality improvement activities allowable under TWC Quality rule§809.16. $ Improvement Source of Local Funds: Administration The funds will be used for administration and operations in accordance with $ and Operations applicable federal regulations and TWC policies. TOTAL Total planned local and federal funds resulting from donations and transfers. $ 2. Certification of Expenditures: The descriptions below describe:(1)the allowable child care services or activities that resulted in local certified expenditures,(2)the source of the local funds,and(3)the Board's planned use of the matched federal funds resulting from the certification of expenditures. Planned Local Fund Use Funding($) Expenditures certified by the contributor resulted from: 1. direct child care services provided by: [child care provider or $ Direct Child organization,or entity]; Care 2. direct child care services provided to children under 13 years of age;and 3. the amount of local match expenditures being proportional to the low-income population in the area served using the expenditures. Source of Local Funds: Child Care Expenditures certified by the contributor resulted from quality improvement Quality activities allowable under TWC rule§809.16. $ 283,990 Improvement Source of Local Funds: Local Funds not used to match other funds Planned Fund Use Federal Funding($) The federal funds will be used: 1. for direct child care services provided:The federal portion of match will be $ 567,980 utilized for the expansion of direct child care to low income working families. Direct Child Any unused portion of federal dollars will be used to fund other at risk/low Care income families. ; 2. for eligible children and families meeting TWC and Board eligibility criteria; and 3. at child care providers eligible under TWC rules. *No restrictions can be placed on use of funds by contributor. Child Care The funds will be used for quality improvement activities allowable under TWC Improvlement ity rule§809.16. Administration The funds will be used for administration and operations in accordance with and Operations applicable federal regulations and TWC policies. $ TOTAL Total planned local and federal funds resulting from certifications of $ 851,970 expenditures. Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 7 E. DONATION/TRANSFER PAYMENT(S) AND CERTIFICATION OF EXPENDITURES SCHEDULE: In compliance with Section 3(a)of this agreement,the contributor will remit payment or reports of actual expenditures in accordance with the completed schedule below. 1. Donation/Transfer Payment(s)(Local Funds): Donation/Transfer Date* Actual Amount 1. $ 2. $ 3. $ 4. $ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ 12. $ TOT/IL $ *Pursuant to TWC rule§800.73(a)(2),the donation(s)/transfer(s) must occur within the effective program year in which the funds are allocated. 2. Public Entity Certification of Expenditures(Local Funds): Planned Amount of Certification Period* Reporting Date** Expenditures 1. From 10/01/2020 to 03/31/2021 04/30/2021 $ $120,000.00 2. From 04/01/2021 to 09/30/2021 10/31/2021 $$163,990.00 3. From to $ 4. From to $ 5. From to $ 6. From to $ 7. From to $ 8. From to $ 9. From to $ 10. From to $ 11. From to $ 12. From to $ TOT1L $ $283,990.00 *Pursuant to TWC rule§800.73(a)(2),the certification(s) must occur within the effective program year in which the funds are allocated. **Explanation is required below if reporting dates are outside the contract end date. ➢ Private donor cash donations—submit one original signed form to: TWC's Board/Adult Education and Literacy Grants department, 101 East 15th Street,Room 104T,Austin, Texas 78778-0001. ➢ Public Entity Transfers and Certifications—submit one copy of the signed form to the e-mail address ccm.agreements(utwc.state.tx.us. D Please call the Board's assigned contract manager if you have questions.An individual may receive and review information that TWC collects by sending an e-mail to open.records(i twc.statc.tx.us or writing to TWC Open Records Unit, 101 East 15th Street,Room 266,Austin, Texas 78778-0001. Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 8 • CERTIFICATION OF EXPENDITURES BY A PUBLIC ENTITY Name of Contributing Public Entity: CITY OF PORT ARTHUR The public entity named above certifies expenditures in the amount of$ 283,990 to be used as state matching funds to draw down available federal matching funds as authorized in the CCDF regulations at 45 CFR §98.55. By signing below, the public entity named above certifies that the funds specified above: 1) are not federal funds, or are federal funds authorized by federal law to be used to match other federal funds; 2) are not used to match other federal funds; 3) represent expenditures eligible for federal match; 4) do not represent expenditures for public prekindergarten programs as referenced in 45 CFR §98.55(h). Signature of authorized agent: Printed name of authorized agent: RON BURTON Title of authorized agent: CITY MANAGER Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 9 JOINT CERTIFICATION OF FUNDS DONATED TO THE TEXAS WORKFORCE COMMISSION FROM PRIVATE SOURCES Name of Donor: The Donor named above contributes funds in the amount of$ to TWC to be used as state matching funds to draw down available federal matching funds as authorized in CCDF regulations at 45 CFR §98.55(e)(2). By signing below, the Donor and TWC certify that the donated funds specified above: 1) are available and represent expenditures eligible for federal match; 2) are donated without any restriction that would require their use for a specific individual, organization, facility, or institution; 3) do not revert to the Donor's facility or use; and 4) are not used to match other federal funds. DONOR'S CERTIFICATION Signature of authorized agent: Printed name of authorized agent: Title of authorized agent: TWC'S CERTIFICATION Signature of authorized agent: Printed name of authorized agent: Reagan Miller Title of authorized agent: Director, Child Care& Early Learning Division Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 10 JOINT CERTIFICATION OF FUNDS DONATED TO THE WORKFORCE DEVELOPMENT BOARD FROM PRIVATE SOURCES Name of Donor: The Donor named above contributes funds in the amount of$ to the [Local Workforce Development Board] to be used as state matching funds to draw down available federal matching funds as authorized in the CCDF regulations at 45 CFR§98.55(e)(2). By signing below, the Donor, Board, and TWC certify that the donated funds specified above: 1) are available and represent expenditures eligible for federal match; 2) are donated without any restriction that would require their use for a specific individual, organization, facility, or institution; 3) do not revert to the Donor's facility or use; and 4) are not used to match other federal funds. DONOR'S CERTIFICATION Signature of authorized agent: Printed name of authorized agent: Title of authorized agent: BOARD'S CERTIFICATION Signature of authorized agent: Printed name of authorized agent: Title of authorized agent: TWC'S CERTIFICATION Signature of authorized agent: Printed name of authorized agent: Reagan Miller Title of authorized agent: Director,Child Care &Early Learning Division Child Care Local Match Contribution Agreement Child Care Services Guide November 2019 11