HomeMy WebLinkAboutPR 18607: WORKFORCE SOLUTIONS SOUTHEAST TEXAS BOARD OF BEAUMONT, TEXAS, CHILD CARE FUNDS P. R. No. 18607
10/01/14 — ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO
ENTER INTO 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 CHILD CARE FUNDS THROUGH A CHILD CARE
LOCAL MATCH CONTRIBUTION AGREEMENT
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 caret assistance funds; and,
WHEREAS, the reporting associated with this agreement will be minimal and not have
an adverse or cost impact upon the City of Port Arthur; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
Section 1. THAT the facts and opinions in the preamble are true and correct.
P. R. #18607
10/01/14—ca
Section 2. THAT the City Council hereby authorizes the City of Port Arthur to enter
into an agreement with the Workforce Solutions Southeast Texas Boards 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 October, A.D., 2014,
at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Mayor
ATTEST:
City Secretary
P. R. #18607
10/01/14—ca
APPROVED AS TO FORM:
\rGLq j
City Attorney
APPROVED AS TO ADMINISTRATION:
John A. Comeaux, P.E.,
Interim City rim City GWiez./AV_71tY of Parks and Recreation
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 $$200,000.00
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) Southeast Texas (name of
workforce area(s)).
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.
SIGNATURES: The person 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 1,2014,and continuing through September 30,
2015.
CITY OF PORT ARTHUR WORKFORCE SOLUTIONS SOUTHEAST TEXAS
CONTRIBUTOR LOCAL WORKFORCE DEVELOPMENT BOARD
Signature
Printed Name Dr.Albert Thigpen Marilyn Smith
Title Director of Parks and Recreation Executive Director
E-mail Address albert.thigpen @portarthurtx.gov marilyn.smith @setworks.org
(optional)
WD Letter 30-12,Attachment 1 (09/11/12) Page 1 of 9
Child Care Local Match Contribution Agreement
GENERAL AGREEMENT TERMS
SECTION 1: Legal Authority
In the State of Texas,the Texas Workforce Commission(TWC) is designated as the lead agency
for the administration of Child Care and Development Funds (CCDF) 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.
TWC's three-member Commission is prohibited by Texas Labor Code §301.321(b)and Texas
Government Code §575.005 from accepting this agreement if prior to such acceptance the
contributor is or becomes party to an administrative proceeding pending before the Commission,
and the agreement concerns the donation of funds from a private entity or the transfer of funds
from a public entity.Such prohibition applies until the 30th calendar day after the date the
decision in the proceeding becomes final under Texas Government Code §2001.144.
SECTION 2: The contributor,by executing this agreement, certifies that:
a. 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 greater; or
(ii) have a bid before TWC for such a contract, except for a contract or bid that relates
solely to providing child care services.
b. Upon execution of this agreement, if it is for the contribution of privately donated or
publicly transferred funds,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 3: The contributor agrees as follows:
a. To remit to TWC the pledged local share in accordance with Item E,Donation/Transfer
Payment(s) and Public Entity Certification of Expenditures Schedule.
b. For donations and transfers of funds, checks remitted by the contributor must be made
payable to the Texas Workforce Commission or to the Board,and submitted to TWC
through the Board.
c. 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:
WD Letter 30-12,Attachment 1 (09/11/12) Page 2 of 9
(i) the period specified by the Board's record retention policies for such records;
(ii) three years after the end date of this agreement;or
(iii) until the completion and resolution of all issues which arise from any litigation,
claim, negotiation, audit, or other action that began during and was on-going as of
the end of the normal retention period.
d. 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.
e. To certify that the expenditures used as child care match are eligible for federal match,
and were not used to match other federal funds.
f. 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 provide the Board and TWC, upon request, data needed for federal reporting
purposes.
SECTION 4: 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 within the workforce area(s) consistent with the intent of this
agreement.
b. To ensure that child care services provided by funding made available through this
agreement are only those provided in accordance with applicable local, state, and federal
laws and regulations.
c. 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
§98.53(h).
d. 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 provide TWC, upon request, data needed for federal reporting purposes.
WD Letter 30-12,Attachment 1 (09/11/12) Page 3 of9
e. 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 5: 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 ofTWC's three-member Commission.
b. "Child Care Local Match Contribution Information" is incorporated by reference.
c. To comply with federal regulations in 45 CFR§98.53 relating to matching fund
requirements, and 45 CFR §98.54 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 prior to 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 on Page 5 of this agreement.
WD Letter 30-12,Attachment 1 (09/11/12) Page 4 of 9
CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION
A. BOARD INFORMATION:
Board Name: Workforce Solutions Southeast Texas
Board Address: P 0 Box 3607,Beaumont TX 77704
Board Staff—Contact Name: Mary Hammon Phone: 409-719-4750 Fax: 409-727-
6431
E-mail Address: mary.hammon @setworks.org
B. CONTRIBUTOR INFORMATION:
Contributor Name:City of Port Arthur
Contributor Address: 444 4th St
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: Dr. Albert Thigpen Phone: 409-983-8218 Fax: 409-983-
8282
E-mail Address: albert.thigpen @portarthurtx.gov
C. ORIGINATING AGREEMENT INFORMATION:
Type of Contribution:
❑ Donation(Private Entity)
❑ Transfer(Public Entity)
® Certification (Public Entity)
Pledged Local Match Amount: $200,000
Program Number: 1815CCM001 Southeast TX WDA Port Arthur
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?
WD Letter 30-12,Attachment 1 (09/11/12) Page 5 of 9
A. 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 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($)
The funds will be used:
1. for direct child care services provided: [include a brief description of use $
Direct Child of the funds];
Care 2. for eligible children and families meeting TWC's and Board's eligibility criteria;
and
c. 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 rule
Quality §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 Agency 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,the source of the local funds,and(2)the Board's
planned use of the matched federal funds resulting from the certification of expenditures.
Fund Use PlannedLocal
Funding($)
Expenditures certified by the contributor resulted from:
1. direct child care services provided by: [child care provider or organization, $
Direct Child or entity];and o
Care 2. non-CCDF funded children residing with a family at or below 85%of state
median income,and parents who are working or attending job training or
education.
Source of Local Funds:
Child Care The funds will be used for quality improvement activities allowable under TWC rule $ 200,000
Quality §809.16.
Improvement Source of Local Funds:Local Funds not used to match other funds.
Planned
Fund Use FederalFundin
g($)
The federal funds will be used:
1. for direct child care services provided:The federal portion of match will be $ 375,603
utilized for the expansion of direct child care to low income working
Direct Child families.Any unused portion of federal dollars will be used to fund other at
Care risk/low income families. [include a brief description of use of the funds];
2. for eligible children and families meeting TWC's and Board's eligibility criteria;
and
3. at child care providers eligible under TWC rules.
Child Care The funds will be used for quality improvement activities allowable under TWC rule $
Quality §809.16.
Improvement
Administration The funds will be used for administration and operations in accordance with applicable $ 19,765
and Operations Federal regulations and Agency policies.
TOTAL Totalplanned local and federal funds resulting from certifications of $595,368
expenditures.
WD Letter 30-12,Attachment 1 (09/11/12) Page 6 of 9
B. 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. $
TOTAL $
• 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):
Certification Period Reporting Date * Planned Amount of
Expenditures
1. From 10/01/14 to 03/31/15 04/30/15 $$90,000.00
2. From 04/01/15 to 09/30/15 10/31/15 $$110,000.00
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 $
TOTAL $ $200,000.00
o 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.
Completed original,signed forms must be sent to TWC's Board&Special Initiative Contractsdepartment,101 East 15th Street,
Room 506T,Austin,Texas 78778-0001. 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(/twc.state.txus or writing to TWC
Open Records Unit,101 East 15th Street,Room 266,Austin,Texas 78778-0001.
WD Letter 30-12,Attachment 1 (09/11/12) Page 7 of 9
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 $200,000to be used as state
matching funds to draw down available federal matching funds as authorized in the CCDF
regulations at 45 CFR §98.53.
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 tomatch other
federal funds;
2) are not used to match other federal funds;
3) represent expenditures eligible for federal match; and
4) do not represent expenditures for public prekindergarten programs as referenced in 45 CFR
§98.53(h).
Signature of authorized agent:
Printed name of authorized agent: Dr. Albert Thigpen
Title of authorized agent: Director of Parks and Recreation
WD Letter 30-12,Attachment 1 (09/11/12) Page 8 of 9
JOINT CERTIFICATION OF FUNDS
DONATED 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 the
CCDFregulations at 45 CFR §98.53.
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 specificindividual,
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. Workforce Development Division
WD Letter 30-12,Attachment 1 (09/11/12) Page 9 of 9