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RESOLUTION RE: APPROVE CHILD CARE CAPACITY BUILDING CONTRACT WITH COLORADO DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD CARE AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with the Child Care Capacity Building Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the Colorado Department of Human Services, Division of Child Care, commencing July 1, 1997, and ending June 30, 1998, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the Child Care Capacity Building Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the Colorado Department of Human Services, Division of Child Care, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of September, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ATTEST: fsS eorg E. Baxter, Chair Weld County Clef_ to &oed� �� p i r zc�PJ �f2Cic.T "a I ante L. Harbe , Pro- em BY: 4a' . /A( �d. .l Deputy Clerk totlai\C \. •�► Dale K. Hall AP V D AS TO FO . EXCUSED DATE OF SIGNING (AYE) Barbara/9J. Kirkm y r unty Attorne 9/ J i• /I 9) W. RWelistOr 971998 SS;.S� SS0023 CC : `V Agency or Department Name Human Services- Div. of Child Care Department or Agency-Number IHA Contract Routing Number 98-IHA-01399 CONTRACT THIS CONTRACT, Made this 29th day of August 1997, by and between the State of Colorado for the use and benefit of the Department of Human Services, Division of Child Care, 1575 Sherman Street, 1st Floor, Denver, CO 80203-1714 hereinafter referred to as the State, and the Weld County Department of Social Services, P.O. Box A, Greeley, CO 80632, hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and -subsequent payment of this Contract under Encumbrance Number in Fund Number 100, Appropriation Account 024, and Organization 4330; WHEREAS, required approval, clearance and -coordination has been accomplished from and with the appropriate agencies; WHEREAS, the State represented by the Colorado Department of Human Services, Division of Child Care, hereafter referred to as the State,.is authorized by the federal government as the Lead Agency to administer the Child Care and Development Fund, hereinafter referred to as the CCDF; WHEREAS, a priority goal for the State under the CCDF is to improve the availability of early childhood care and education services and before and after school child care services in Colorado; WHEREAS, the contractor possesses necessary knowledge and experience in administering and overseeing child care services and before and after school child care services in Colorado; WHEREAS, the State desires that the contractor render such services; WHEREAS, the contractor is willing and able to render such services upon the terms and conditions provided hereinafter; WHEREAS, the contractor has been selected in accordance with the requirements of the Colorado Procurement Code, pursuant to a Department of Human Services-approved Request for Applications process; WHEREAS,the parties hereto concur that contractor is the appropriate party to use and disburse certain funds for improving the availability of quality and affordable early childhood care and education services and before and after school child care programs through the CCDF locally; WHEREAS, the contractor is willing and able to administer the use of and expenditure of certain funds, as defined herein, for the purposesof the State; and, Page 1 of 24 971998 WHEREAS, as of the date of execution of this Contract, both parties meet all statutory requirements for entering into this Contract. NOW THEREFORE, it is hereby agreed that: I. STATEMENT OF WORK A. The contractor shall comply with the following Statement of Work and responsibilities: 1. The contractor shall provide the services specified in Exhibit A, dated April 14, 1997 and Addendum #1 to Exhibit A, dated June 23, 1997 and Addendum #2 to Exhibit A, dated August 21, 1997. 2. Order of Precedence: In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a. Colorado Special Provisions, pages 23 to 24. b. General Provisions, pages 9 to 24. c. Contract, pages 1 to 8. d. Addendum #2 to Exhibit A and Addendum #1 to Exhibit A. e. Exhibit A (Contractors original proposal). 3. The contractor shall comply with the following requirements for programs and services: a. The contractor shall use grant funds to expand child care capacity and increase the availability of affordable, quality early care and education and school-age programs for low-income and newly working families in order to position the state to meet the work requirements under welfare reform. b. The contractor shall perform, at a minimum, one of the following child care capacity-building activities: i. Child care program start-up activities and/or ii. Expansion of child care space in existing facilities. c. The contractor shall use grant funds only for those activities that result in the creation of new child care options and/or enhancing/expanding current child care options to accommodate larger numbers of children and/or children of different ages. d. The contractor shall coordinate grant activities with low-income and child care assistance programs serving low-income families and families who are newly working or involved in work training/preparation and with other Page 2 of 24 971998 programs providing a range of child care and early childhood education services in the geographic area(s) providing grant-funded services. e. The contractor shall operate the grant within the confines of the federal child care rules and regulations in Exhibit C as these regulations currently exist or as they may be amended during the term of this Contract. f. The contractor shall not use funds to supplant or replace funds currently being used, planned, or committed, for child care activities. Grant funds shall not be used to replace existing program revenues. g. The contractor shall use a lawful, appropriate sub-contractor selection process which is in keeping with the county's approved procurement and contracting procedures. h. The contractor shall negotiate with vendors under this grant to develop specific agreements on how new slots developed with these funds will be made available on a continuing basis to families and children served through the county department of social servicesand impacted by welfare reform work requirements. i. The contractor shall demonstrate that more children received child care services as a result of this grant funding. j. The contractor shall start funded activities within 30 days of receiving a signed contract. k. The contractor shall consult with the Department of Human Services/Division of Child Care Licensing Specialist to ensure that all grant-funded programs meet applicable licensing requirements. I. The use of grant dollars for direct child care staff (provider) salaries and fringe benefits during start-up and/or expansion of capacity is only allowable if directly related to creating new or expanded child care services. m. In administering the grant program and funds, the contractor shall prioritize: i. meeting the needs of low-income and newly working parents and families having children with special needs who are eligible for child care under federal child care regulations, ii. making effective use of community resources, and Hi. providing high quality programs, which create an environment that enhances the age-appropriate, educational, social, cultural, emotional and recreational development of children. n. The contractor shall provide public awareness and outreach to low-income and newly working families so they are aware of and can access grant- funded services. Page 3 of 24 971998 o. The contractor shall submit any requests to use grant funds for the purchase of computers and administrative software in writing for approval by the State. The state will only consider such requests for programs serving 50 or more children and demonstrating a direct relationship between the expenditure and increased child care capacity. p. Grant funds shall not be used for direct subsidies/scholarships for child care or for general administrative support services which are not directly related to the capacity-building grant. q. At a minimum, the contractor shall provide a local match of 10% of the total project budget. The contractor acknowledges it has confirmed the availability of the local match prior to the effective date of the Contract and ensures that the local match will be met during the term of this Contract. r. The contractor shall cooperate with state and/or federal monitoring of the contractor's program and costs. s. The contractor shall provide families with unlimited access to children in care. t. The contractor shall not use funds for the following activities: i. to purchase or improve land, ii. to purchase, construct or permanently improve any building or facility. iii. to purchase buses, vans, automobiles, televisions, camcorders, or VCRs. u. The contractor shall not engage in activities intended to extend or replace regular academic programs or for tuition (in grades 1-12) or for related expenses for academic programs. v. The contractor shall demonstrate in the final program report that more children received child care services as a result of this funding. w. If providing Before and After School Programs, the contractor shall ensure that these services are available Monday-Friday, including school holidays and vacation periods other than legal public holidays to children attending early childhood development programs, kindergarten or elementary and secondary school classes during such times of the day and on such days that the regular instructional services are not in session. 4. The contractor shall receive from the State certain funds and disburse such funds pursuant to the Budget in Addendum #2 to Exhibit A, page 2. 5. The contractor shall provide a qualified staff person(s) to administer and oversee the Contract and the appropriate and lawful selection of sub- contractors, through a lawful county-approved procurement process, awardance of sub-contracts and approved funds, ongoing oversight of the Page 4 of 24 971998 appropriate sub-contractor obligations and expenditures of said funds, data gathering, reporting and audit acceptable procedures. 6. The contractor shall provide the State with brief quarterly programmatic progress reports, a final program report and a final financial report which includes discussion of sub-contractor and/or other lower tier participant activities and costs. a. The brief programmatic progress reports on the grant shall be due within 30 days of the end of the quarter and shall include a brief status update on the contractor's progress on the overall program of services as enumerated in Exhibit A and Addendum #1 to Exhibit A, an activity/service report for the quarter, outreach and public awareness activities to inform low-income families about the project; progress in developing a plan for continuation of services after the grant ends, where applicable; any significant problems and barriers which may have arisen and which might impact the program of services; significant innovations; copies of products or reportsgenerated during the reporting period; and a brief list of activities planned for the next reporting period. These reports shall be provided in a format and according to specifications to be provided to the contractor by the State. b. The final financial report and the final program report shall be due by July 31. 1998 and shall include the following information: i. The financial data shall include the actual costs for the program services and the actual costs of specific activities to build child care capacity and improve the availability of child care, within the budget limitations and categories specified in Addendum #2 to Exhibit A, page 2. ii The contractor shall include in the final program report a description of all accomplishments and programs of service as enumerated in Exhibit A, as amended by Addenda#1 and #2 to Exhibit A, any significant problems and barriers which impacted development or completion of the program of services; a final activity/service outcome report, significant innovations; a list of products or reports generated during the project; and how child care capacity was increased under the project. These reports shall be provided in a format and according to specifications provided to the contractor by the State. iii The contractor shall also provide in the final program report other information available and requested by the State during the year and any additional information that might be required pursuant to changes in federal reporting requirements governing the use of these funds. 7. The contractor shall confer with the Director of the State Division of Child Care (DCC), or the Director's designee, as deemed appropriate by the State or at the request of the contractor, to allow for open discussions of progress, problem(s) encountered, and problem(s) solutions. Page 5 of 24 971998 8. The contractor shall operate the Program(s) within the express confines of the federal child care rules and regulations in Exhibit C governing the use of these funds. The contractor acknowledges by its signature on this Contract that these rules and regulations will be explained to and/or incorporated into all sub-contractor and/or other lower tier participant agreements or contracts as appropriate. The contractor and all sub-contractors shall operate the Program(s) in accord with any new federal and/or State Rules and Regulations applicable to this Contract which may hereafter be promulgated by the State and/or federal government during the term of this Contract, upon notification by the State, as deemed appropriate by the State and in consultation with the contractor. 9. The contractor and all sub-contractors shall publicly acknowledge and include an acknowledgment in publications and/or written materials developed and disseminated through funding available under this Contract that funding was provided by the Colorado Department of Human Services, Division of Child Care, as the lead agency in Colorado for administering federal Child Care and Development Fund (CCDF) dollars available through the U.S. Department of Health and Human Services. 10. Certification Regarding Environmental Tobacco Smoke: Public Law 103-227, Part C - Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (ACT), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided by private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 per day and/or the imposition of an administrative compliance order on the responsible entity. By signing and submitting this application the contractor certifies that it will comply with the requirements of the Act. The contractor further agrees that it will require the language of this certification be included in any subawards which contain provisions for children's services and that all subgrantees shall certify and perform accordingly. B. The responsibilities of the State under this Contract shall be as follows: 1. The State shall provide guidance to the contractor, as deemed necessary by the State, or at the request of the contractor, and monitor the contractor's compliance and adherence to the terms of this Contract. Page 6 of 24 971998 II PAYMENT AND PRICE A. In consideration for the services provided by the contractor pursuant to this Contract, in accordance with the budget included in Addendum #2 to Exhibit A, page 2, the State shall compensate the contractor for the actual, reasonable and necessary expenses incurred by the contractor in providing such services. B. Billing/Payment Procedure: The State shall make payment to the contractor for such services based upon submission by the contractor of monthly billing expenditure statements on forms and in accordance with billing procedures which the State shall establish. C. Compensation/Maximum Payable: The State shall make no payment to the contractor hereunder, in whole or in part, except as earned and from available funds in an amount not to exceed $60,000. The liability of the State, at any time, for such payments is limited to the unspent amount remaining of such encumbered funds. D. The amount of funds allocated to each line item of the budget may be reallocated upon written request of the contractor and the subsequent written approval of the State, subject to the limitation of the Compensation/Maximum Payable clause. E. In any case where the contractor's failure to perform in accordance with this Contract results in a loss of federal financial participation (as in the case of a federal audit exception), the contractor will bear full financial responsibility for the loss and, if necessary, seek restoration of the funds. Financial responsibility shall also include payment of any legal expense incurred in the defense of such an audit exception. The State shall also have the right to implement other available remedial actions. F. Final payment shall be made upon completion, submittal, and acceptance of a Final Financial Fiscal Report and the Final Program Report as described in Paragraphs I.A. 6.b.i. and I.A.6.b.ii., respectively. III. TERM A. The term of this Contract shall be September 1. 1997 through July 31, 1998. In that regard, the parties agree that services to be provided under this Contract, excepting the preparation, submission, and acceptance of a Final Financial Report and a Final Program report, shall be completed not later than June 30, 1998. Any funds un-liquidated by the contractor shall revert back to the State. B. Renewal of Contract At the sole discretion of the State and when otherwise permitted by law, the parties may renegotiate continued performance for a period of 12 months for any category of services specified herein. The total duration of this contract, including the exercise of any renewals under this clause, shall not exceed 5 years. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Said renewal shall be exercised by use of an Page 7 of 24 971998 Renewal Letter substantially in the form of Exhibit B hereto, and such Renewal Letter shall not be vaiid until approved by the State Controller or such assistant as he may designate. IV. Notice and Representatives: Notice All notice required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent To State: To Contractor: Cynthia Trainor Judy Griego Program Administrator Director Division of Child Care Weld County Colorado Department of Department of Social Services Human Services P.O. Box A 1575 Sherman St., 1st Floor Greeley, CO 80632 Denver, CO 80203-1714 Representatives For the purposes of this Contract, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): To State: To Contractor. Cynthia Trainor Judy Griego Program Administrator Director Division of Child Care Weld County Colorado Department of Department of Social Services Human Services P.O. Box A 1575 Sherman St., 1st Floor Greeley, CO 80632 Denver, CO 80203-1714 Page 8 of 24 971998 [Insert 6-5] GENERAL PROVISIONS The following clauses apply to this contract. In some instances, these general clauses have been expanded upon in other sections of this contract. To the extent that other provisions of the contract provide more specificity than these general clauses, the more specific provision shall control. A. Federal Funds Contingency Payment pursuant to this contract, if in federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the State, the State may immediately terminate this contract or amend it accordingly. B. INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. Revised 3/97 PAGE 9 OF 24 971998 C. Beneficiary Except as herein specifically provided otherwise, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the named contractor. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the contractor that any such person or entity, other than the State or the contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. D. Insurance - Contractor 1. During the term of this contract, and any extension(s) hereof, contractor . agrees that it will keep in force an insurance policy or policies, issued by a company authorized to do business in Colorado, in the kinds and minimum amounts specified below unless specifically waived herein. In the event of cancellation of any such coverage, the contractor shall immediately notify the State of such cancellation. a. Standard Worker's Compensation and Employers' Liability as required by State statute, including occupational disease; covering all employees on or off the work site, acting within the course and scope of their employment. b. General, Personal Injury, Professional, Automobile Liability (including bodily injury, personal injury and property damage) with minimum coverage of: (1) Occurrence basis policy: combined single limit of $600,000 or Claims-Made policy: combined single limit of$600,000; plus an endorsement, certificate, or other evidence that extends coverage two years beyond the performance period of the contract. (2) Annual Aggregate Limit policy: Not less than $1,000,000 plus agreement that the contractor will purchase additional insurance to replenish the limit to $1,000,000 if claims reduce the annual aggregate below $600,000. Revised 3/97 PAGE 10 OF 24 971998 2. The State of Colorado shall be named as an additional insured on all liability policies. 3. The insurance shall include provisions preventing cancellation without thirty (30) calendar days prior written notice to the State by certified mail. 4. Upon execution of this contract, the contractor shall provide to the State additional insured endorsements and certificates of the required insurance coverage. 5. The contractor shall provide such other insurance as may be required by law, or in a specific solicitation. 6. If the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, 24-10-101, et seq.. C.R.S.. as amended ("Act"); the contractor shall maintain such insurance, by commercial policy or self- insurance, as is necessary to meet the contractors liabilities under the Act.' Proof of such insurance shall be provided upon request by the State. E. Contractor Representations- Licenses/Approvals/Insurance The contractor certifies that, at the time of entering into this contract, it has currently in effect all necessary licenses, certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. Additionally, all employees of the contractor performing services under this contract shall hold the required license or certification, if any, to perform their responsibilities. Any revocation, withdrawal or nonrenewal of necessary license, certification, approval, insurance, etc. required for the contractor to properly perform this contract, shall be grounds for termination of this contract by the State. The contractor further certifies that, if a foreign corporation, a limited liability company, a limited liability partnership or a limited liability limited partnership, it currently has a Certificate of Good Standing or Certificate of Existence to do business in Colorado. Proof of such certification shall be provided upon request by the State. F. Records Maintenance • The contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to the operation of the Revised 3/97 PAGE 11OF24 971998 program/project or the delivery of services under this contract. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other contractor records. G. Records Retention and Availability All such records, documents, communications, and other materials shall be the property of the State unless otherwise specified herein and shall be maintained by the contractor, for a period of three (3) years from the date of final payment or submission of the final federal expenditure report under this contract, unless the State requests that the records be retained for a longer period, or until an audit has been completed with the following qualification. If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit . findings. . . H. Performance Monitoring The contractor shall permit the State and any other governmental agency authorized by law, or their authorized designee to monitor all activities conducted by the contractor pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on-site verification, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with contract work. Audits 1. General. The contractor authorizes the State or its representatives to perform audits and/or inspections of its records at any reasonable time during the term of this contract and for a period of three (3) years, (unless the State determines a longer timeframe is required) following the date of final payment under this contract, to assure compliance with its terms and/or to evaluate the contractor's performance. • Revised 3/97 PAGE 12 OF 24 971998 Any amounts which have been paid by the State which are found to be improper in accordance with other terms of this contract shall be immediately returned to the State or may be received in accordance with other remedies. 2. Single Audit Clause. All state and local governments and non-profit organizations receiving more than $300,000 from all funding sources, that are defined as federal financial assistance for single audit purposes, shall comply with the audit requirements of OMB Circular A-128 (Audits of State and Local Governments) or A-133 (Audits of Institutions of Higher Education and Other Non-profit Organizations), whichever applies. J. Confidentiality of Records The contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in accordance with this contract. Except as provided by law, no information in possession of the contractor about any individual constituent shall be disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, or guardian. The contractor shall have written policies governing access to, duplication and dissemination of, all such information. The contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. The contractor shall provide its employees, agents and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. K. Conflict of Interest During the term of this contract, the contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the contractor fully performing his/her obligations under this contract. Additionally, the contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Thus, the contractor agrees to refrain from any practices, activities or relationships which could reasonably be considered to be in conflict with the contractors fully performing his/her obligations to the State under the terms of this contract, without the prior written approval of the State. In the event that the contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the contractor shall submit to the State a full Revised 3/97 PAGE 13 OF 24 971998 disclosure statement setting forth the relevant details for the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be grounds for termination of the contract. Further, the contractor (and subcontractors or subgrantees permitted under the terms of this contract) shall maintain a written code of standards governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent of the contractor, subcontractor, or subgrantee shall participate in the selection, or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of the employee's immediate family; . c. The employee's partner; or d. An organization which employees, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The contractor's, subcontractor's, or subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from contractor's potential contractors, or parties to subagreements. L. Conformance with Law The contractor shall at all times during the term of this contract strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be amended. The contractor shall also require compliance with these statutes and regulations in subcontract and subgrant agreements, if any, permitted under this contract. Without limitation, these federal laws and regulations include: • Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; • Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634; • Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.; • The Drug Free Workplace Act of 1988, 41 U.S.C. 701 et seq.; Revised 3/97 PAGE 14 OF 24 971998 • Equal Pay Act of 1963, 29 U.S.C. 206(d); • Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b; • Pro-Children Act of 1994, 20 U.S.C. 6081 et seq.; • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84; • Titles VI &VII of the Civil Rights Act of 1964, 42 U.S.C. 2000d & e; • Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.; • Section 24-34-302, et seq., Colorado Revised Statutes 1993, as amended; • The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18; • Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. • The Hatch Act (5 USC. 1501-1508 and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. The contractor also shall comply with any and all laws and regulations prohibiting discrimination in the specific program(s) which is/are the subject of this contract. In consideration of and for the purpose of obtaining any and all federal and/or state financial assistance, the contractor makes the following assurances, upon which the State relies. 1. The contractor will not discriminate against any person on the basis of race, color, national origin, age, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, in performance of work under this contract. 2. At all times during the performance of this contract, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied benefits of the service, programs, or activities Revised 3/97 PAGE 15 OF 24 971998 performed by the contractor, or be subjected to any discrimination by the contractor. 3. The contractor shall take all necessary affirmative steps, as required by 45 CFR 92.36(e), Colorado Executive Orders D0055 87 and D0005 94 and State Procurement Rules, to assure that small and minority businesses and women's business enterprises are used, when possible, as sources of supplies, equipment, construction, and services purchased under this contract. M. Assignment/Delegation/Subcontracting Except as herein specifically provided otherwise, the duties and obligations of the contractor arising hereunder cannot be assigned, delegated nor subcontracted except with the express prior written consent of the State. The .subcontracts permitted by the State shall be subject to the requirements of this contract, and the contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this contract. The contractor shall be responsible for the performance of any subcontractor. Failure :of: the . subcontractor to provide services in accordance with the requirements of this contract shall be the responsibility of the contractor. The contractor warrants and agrees that any subcontract resulting from its performance under the terms and conditions of this contract, shall include a provision that the said subcontractor shall abide by the terms and conditions hereof, as well as all other applicable federal and State laws, and rules and regulations pertinent hereto that have been or may hereafter be established. Also, the contractor warrants and agrees that all subcontracts shall include a provision that the subcontractor shall indemnify and hold harmless the State. The subcontractors must be certified to work on any equipment for which their services are obtained. N. Litigation The contractor shall promptly notify the State in the event that the contractor learns of any actual litigation in which it is a party defendant in a case which involves services provided under this contract. The contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. Revised 3/97 PAGE 16 OF 24 971998 O. Disputes Except as herein specifically provided otherwise, disputes concerning the performance of this contract which cannot be resolved by the designated contract representatives shall be referred in writing to a senior departmental management staff designated by the department and a senior manager designated by the contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director and the contractor chief executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law. P. Remedies The Executive Director of the State or designee may exercise the following remedial actions, in addition to all other remedial actions authorized by law, should s/he find the contractor substantially failed to satisfy the scope of work found in this contract. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the contractor. These remedial actions are.as follows: 1. Withhold payment to the contractor until the necessary services or corrections in performance are satisfactorily completed; • 2. Request the removal from work on the contract of employee(s) and/or agent(s) of the contractor whom the Executive Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract s/he deems to be contrary to the public interest or not in the best interest of the State; 3.=. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to the State; 4. Incorrect payments to the contractor due to omission, error, fraud, and/or defalcation shall be recovered from the contractor by deduction from subsequent payments under this contract or other contracts between the State and the contractor, or by the State as a debt due to the State or otherwise as provided by law. Revised 3/97 PAGE 17 OF 24 971998 Q. Termination 1. Termination for Default. The State may terminate the contract for cause without compensation for termination costs. If the State terminates the contract for cause, it will first give ten (10) days prior written notice to the contractor, stating the reasons for cancellation, procedures to correct problems, if any, and the date the contract will be terminated in the event problems have not been corrected. a. In the event this contract is terminated for cause, the State will only reimburse the contractor for acceptable work or deliverables received up to the date of termination. b. In the event this contract is terminated for cause, final payment to the contractor may be withheld at the discretion of the State until completion of final audit. 2. Termination for Convenience. The State shall have the right to terminate this contract by giving the contractor at least thirty (30) days prior written notice. If notice is so given, this contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 3. Immediate Termination. This contract is subject to immediate termination by the State in the event that the State determines that the health, safety, or welfare of persons receiving services may be in jeopardy. Additionally, the State may immediately terminate this contract upon verifying that the contractor has engaged in or is about to participate in fraudulent acts. 4. Termination for Financial Exigency. The State shall have the right to terminate this contract for financial exigency by giving the contractor at least thirty (30) days prior written notice. For the purposes of this provision, a financial exigency shall be a determination made by the Colorado legislature or its Joint Budget Committee that the financial circumstances of the State are such that it is in the best interest of the State to terminate this contract. If notice of such termination is so given, this contract shall terminate on the expiration of the time period specified in the notice, and the liability of the parties hereunder for further performance of the terms of this contract shall Revised 3/97 PAGE 18 OF 24 971998 thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. R. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. S. Integration of Understandings This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in-writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. T. Proprietary Information 1. Proprietary information for the purpose of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information lawfully obtained from third parties, that which is in the public domain, or that which is developed independently. 2. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this contract. Any proprietary information removed from the State's site by the contractor in the course of providing services under this contract will be accorded at least the same precautions as are employed by the contractor for similar information in the course of its own business. U. Discrimination Complaints Any person who feels that s/he has been discriminated against relating to the services provided under this contract has the right to file a complaint with the Revised 3/97 PAGE 19 OF 24 971998 Colorado Department of Human Services, the Colorado Civil Rights Commission, and/or the US Commission on Civil Rights. V. If any of the payments hereunder are from federal funds, where applicable, the following provisions shall apply to this contract. 1. Press Releases Pursuant to Section 511 of P.L. 101-166, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal funds, the contractor shall clearly state (i) that the activity is funded in whole or in part by federal funds, (ii) the percentage of the total costs of the program or project which will be financed with federal money, (iii) percentage and dollar amount of the total costs of the project or program that will be financed by non-federal sources. 2. Debarment Certification To the extent applicable, if any payment pursuant to this contract is in federal funds, the following provisions apply to this contract. a. The contractor certifies to the best of its knowledge and belief that the contractor, its principals and authorized subcontractors: (i) are not presently debared, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; (ii) have not within a three year period preceding this contract been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; (iii) have not violated a Federal or State antitrust statutes or committed embezzlement, theft, forgery, bribery, falsification or destruction of records, or made false statements, or received stolen property; (iv) are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in sub-paragraph (iii) of this certification; and, (v) have not • within a three year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Further, the contractor shall include, without modification, the following Certification Clause in the contract of any subcontractor obligated to perform services pursuant hereto: • Revised 3/97 PAGE 20 OF 24 971998 "The prospective lower tier participant certifies, by submission of this contract, that neither it nor its principals is presently debared, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency." b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract. c. "Lower tier participant" is defined to include the contractor and its principals, agents, and subcontractors who are obligated to perform services pursuant to the terms of this contract. 3. Payments made to the contractor from Federal funds under this contract shall supplement and not supplant state or local expenditures that would have been made in the absence of such federal support. 4. The contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 5. In accordance with the requirements of P.L. 101-166, none of the federal funds provided under this contract may be used to pay the salary of any individual at a rate in excess of$125,000 per year. 6. Rights in Data and Copyright- Federal Reserved Rights Except for its own internal use, the contractor shall not publish or reproduce any data/information, in whole or part, that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered under this contract, nor may it authorize or permit others to do so, without the written consent of the federal government, through the State, until such time as the federal government may have released such data/information to the public. As authorized by 49 C.F.R. 18.34, the federal government, through the State, reserves a royalty free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize the State and others to use; a) any work developed under this contract or a resulting third party contract irrespective of whether or not it is copyrighted; and b) any rights of copyright to which a contractor, subrecipient, or third party contractor purchases ownership with federal assistance. Revised 3/97 PAGE 21 OF 24 971998 W. Exhibits - Interpretation 1. Unless otherwise stated, all exhibits referenced herein are attached hereto and incorporated herein and made a part of this contract. 2. The terms of this contract shall control over any conflicting terms in any of its attached exhibits. X. Venue The parties agree that venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado. Y. Vendor Offset The parties understand and agree that the State shall have the right to offset against payment due to the contractor hereunder, any debts owed by the contractorto the State or any child support payments owed by the contractor. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. Revised 3/97 PAGE 22 OF 24 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year ale contingent upon funds for that purpose being appropriated.budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection-repair,maintenance,or improvement of any building, road,bridge-viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38.26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save,and hold harmless the State, its employees and agents- against any and all claims, damages, liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents,subcontractors-or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, . 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. — During the performance of this contract,the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race,creed, color, national origin,sex, marital status,religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants an employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color-national origin,sex,marital status;religion,ancestry,mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations'and Orders of the Governor,or pursuant thereto,and will permit access to his books. records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color, sex,national origin,or ancestry. (f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised 1/93 395-53-01-1022 23 24 page_ of pages • 971998 /fcvent of the contractors non-compliance with the non-discrimination clauses of this contract or with any of such rules.regulations,or orders.t may be canceled,terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in with procedures,authorized in Executive Order,Equal Opportunity and Affirmative'Action of April 16. 1975 and the rules,regulations.or 1,1 ulgated in accordance therewith.and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975..or by rules,regulations.or orders promulgated in accordance therewith. or as otherwise j provided by law. ' 1 (h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by +,I rules,regulations-or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will I be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting 1 agency may direct,as a means of enforcing such provisions.including sanctions for non-compliance:provided,however,that in the event the contractor i becomes involved in.or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor 'J, may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a.Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder and I'I' are financed in whole or in part by State funds. �iI i, b.When a construction contract for a public project is to be awarded to a bidder.a resident bidder shall be allowed a preference against a non-resident bidder from ,, a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would ' otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys or to I eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102) 'I GENERAL ill 7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation.execution.and enforcement of this I contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which I is otherwise in conflict with said laws,rules.and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint. , defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8.At all times during the performance of this contract.the Contractor shall strictly adhere to all applicable federal and state laws.rules,and regulations that have dI been or may hereafter be established- �' 9.The signatories aver that they are familiar with CRS 18-8-301.et seq..(Bribery and Corrupt Influences)and CRS 18-8-401.et seq..(Abuse of Public Office). and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no sate employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: • (Full Legal Name) RD IONERS o STA OF eoL RO RO MER,GO N r GEORGE E. BAXTER B IDCECUIIVE DIRECTOR Position(Title) CHAIR 84-6000—R1- Sony Security Nmnpv or Federal LD.Number DEPARTMENT HUMAN SERVICES If CorpoationJ OF Attest(Seal) By Deputy zap%dhkasaifioon(w1aaiirmacacren(bmi Cba to the Board I r""C'Y ALS:---.---•-- APPROVp1tS-r rsrE CONIfIOLLCR ATTORNEY GENERAL coNTROI.I(1 f;FORD W.�HAIIl - ;.: - By By Fly -L ~ "tx' v . __ Tom Wristen - - Form24 24 RevisedI/93 6-AC-02C page_ which is the last of_ pages 395-53-01-1030 11 •Sec instructions on reverse side. • _ _ _ i - EXHIBIT A PAGE1 OF 11 Identification of Acronyms used in Exhibit A AFDC - Aid to Family with Dependent Children WCDSS - Weld County Department of Social Services WIRS -Weld Information and Referral Service 97199R EXHIBIT A COLORADO DIVISION OF CHILD CARE PACE 2 of 11 STATE CHILD CARE CHILD CARE CAPACITY-BUILDING PROJECT APPLICATION SUMMARY FORM IIIB County Department of Social Services: Weld Address: 315 North l 1 th Ave. P.O. Box A City/State/Zip Greeley, Colorado 80632 County Department Contact Person: Richard Rowe Phone Number: (970) 352-1923 ext. 6300 FAX: (970) 353-5215 Amount Requested: $100,000.00 Would you accept partial funding? t-1 ES Preferred Start Date: July 1, 1997 Preferred End Date: June 30, 1998 Federal Tax Identification Number 9 -v 3 S S Type of Grant Funds will be used for: (check one) (check all that apply) X New child care facility start-up X Minor renovation X Existing child care facility expansion X Equipment/supplies X Costs to meet licensing requirements Staff/operating (if so, must show in narrative how program will pick up costs after grant ends) Check all that apply to the proposed project: X Early Childhood Program X Children of teen parents X School age (Before and/or After School X Children of homeless families X Site has a valid license from the X Infants and toddlers X Colorado Dept. Of Social Services X Colorado Pre-school Program X Children with Special Needs X Children in Chapter 1 local school X Public School Site districts X Migrant and Seasonal Workers X Family Resource Center/School X Private For-Profit Center X Full-week care X Evening/weekend care X Area of high crime or poverty X Wrap-around child care (part days) X Other (specify) Spanish Speaking. Rural Sites I certify that the information provided in this application is,to the best of my knowledge,complete and accurate. If the award is made,the applicant commits to project implementation in keeping either the proposal content and budget and to adhere to all assurances,certifications,terms,conditions and other requirements contained in this application and in the RFA Signature of Person Authorized to Contractuallyyraact Commit the County Department of Social Services: tu oQe� Date 971998 ( (Y_C R VPU J1 ,z10> Ci C;Ahf. EXHIBIT STATE CHILD CARE CHILD CARE CAPACITY-BUILDING PROJECT NEED FOR THE PROJECT AND IMPACTS/BENEFITS EXPECTED PAGE 3 OF 11 APPLICANT FORM III A Describe what area(s)will be served,existing child care services,and gaps between needs and existing services. Provide quantitative information,such as community income levels; unemployment rates; lack of licensed child care; waiting lists for services; gaps in services for families having children of certain ages; or lack of full-day,full-week,year round care,or weekend or evening care. How will the project help close these gaps,and what benefits are expected for low-income and newly working families? How will grant money increase the capacity of the community(ies) targeted to provide child care to low-income or newly working families? INTRODUCTION The Weld County Department of Social Services has a significant concern with the availability of child care services in Weld County. Weld County, one of the geographically largest counties in the state,provides residence to a diverse population in an economically diverse area. Weld County includes several sizeable municipalities and a very large rural area in addition to a low income population that is racially out of balance with the total population. Weld County has experienced significant population growth which is expected to continue. Population growth in South Weld County is expected to be significant considering the impact of Denver International Airport. From the North,Ft. Collins continues to expand creating,population spinoffs in the Windsor/Severance area. The county centralized Greeley area is also realizing significant growth to the West. WELD COUNTY POPULATION CHARACTERISTICS Weld County Greeley Population(Census) 1960 72,734 26,314 1970 89,297 38,902 1980 123,438 53,006 1990 131,821 60,536 1999(projected) 151,998 67,874 WELD COUNTY ETHNIC DISTRIBUTION White 77% 79% Hispanic 21% 20% African American& Other 2% 1% WELD COUNTY AFDC ETHNIC DISTRIBUTION White 37% Hispanic 62% African American&Other 1% The Weld County Department of Social Services is concerned about the availability of child care for those individuals who will be participating in and receiving benefits from the Temporary Assistance to Needy Families Program(TANF). A significant number of individuals, not presently needing child care,will be working or participating in work programs that lead to self-sufficiency. In order for the Department of Social Services to be successful in assisting individuals in becoming self-sufficient, a collaborative community effort must be made to increase and enhance the availability of child care to low income individuals in Weld County. The areas of main concern in identifying and creating child care availability in Weld County are: I. Non-traditional hours; night care,weekend care,shift care 2. Infant care 3. Rural areas- outside of the Greeley/Evans area 4. Bilingual care 5. Special needs care 971998 The Weld County Department of Social Services has also identified the geographic areas where their AFDC population ws WHIM er to pinpoint the location of need. 1 AFDC FAMILY LOCATION 71% --Greeley Area (Greeley, Eaton, Evans, Garden City, La Salle) 20% --South Weld (Dacono,Erie,Firestone,Fort Lupton, Frederick, Gilcrest,Hudson, Johnstown, Keensburg, Lochbuie, Mead, Milliken, Platteville) 5.5%--West Weld (Windsor, Severance) 2.5%--North Weld (Ault,Grover,Nunn,Pierce,New Raymer) 1% --Kersey STATEMENT OF NEED In Weld County there has always been a shortage of quality affordable child care,as is experienced by many counties nationwide. Currently of the 440 licensed providers in Weld County,315 are registered and information is updated periodically for statistical purposes. In 1996 there were 2200 births in Weld County, 1100 of which were Greeley residents. The 315 providers would be able to serve only 22%of these births even if all would care for two children under the age of two,which is unlikely. There are twenty centers in Weld County and only four accept infants under six months of age. There are areas in Greeley that have a need for more family care homes. Those areas include the east, west,and north areas of Greeley. The Jefferson school area(east)has two providers and one center; Billie Martinez School(north)has seven providers and no centers;Monfort/Aims area(west)has 8 providers and two centers. Areas in Greeley where the highest numbers of Hispanic families reside,have fewer providers to choose from, so the need for bilingual providers is greater. It is expected that with the implementation of TANF there will be a significant number of individuals needing child care who reside in these areas. Outlying areas also continue to see a significant shortage in available child care. The Hudson- Keensburg areas have only two providers or four infant slots and 8 toddler slots, leaving parents the choice of unlicensed care,or going to other communities along work routes. There is also a shortage of child care to serve those children whose parents work off standard hours. Several large corporations in Weld County are operational 24 hours per day,Norwest Publishing,Con Agra,Kodak,Hewlett Packard,North Colorado Medical Center,and Donnell Good Samaritan Center. Both employment programs administered through the Department of Social Services,New Directions and Employment First,have had problems identifying/locating child care for individuals offered employment at these outstanding companies. Any increase in the availability of non-traditional hour child care would increase the number of low income individuals obtaining and maintaining employment with these major Weld County employers. At the present time only sixteen providers in Greeley indicate they will provide 24 hour care and only thirty two in all of Weld County. The Child Care Capacity-Building Grants in Weld County will be available to present and prospective providers only if their facilities will increase the availability of care in those areas identified as lacking in Weld County. Funds would also only be available to child care providers who serve the low income population in Weld County. To determine the needs of Weld County's child care providers the Department mailed approximately six hundred letters of interest to current and future providers. Numerous responses were received indicating areas of need which are identified on Budget Form IIIF. The Greeley/Weld Economic Development Action Partnership, Inc.,reports that 36%or 19,768 households in Weld County(1996) had earned incomes of less than$24,999.00 per year. These income figures substantiate the fact that there are a large number of families that are below 185%of the poverty level and in desperate need of subsidized child care programs in order to continue or begin working. EDAP also reports that the unemployment rate in Weld County is 4.2%. At the present time, in the Client Oriented Information Network(COIN),there are 2638 children whose ages are four or under and another 2097 children ages five through ten in Weld County who are receiving AFDC and/or Medicaid. Considering the requirements of the TANF Program an increasing number of the parents of these children will be entering employment and/or employment programs and require assistance with child care. The Weld County Department of Social Services will not be able to meet the required participation rates of TANF nor will public assistance recipients be able to become employed within the time limits without additional child care availability. The Child Care Capacity- Building Grants will greatly assist The Department of Social Services in accomplishing our mission and assist public assistance recipients to do the same. 971998 EXHIBIT A PAGE 5OF 11 COLORADO DIVISION OF CHILD CARE STATE CHILD CARE CHILD CARE CAPACITY-BUILDING PROJECT PROGRAM DESCRIPTION,ADMINISTRATIVE CAPACITY AND ACCOUNTABILITY-FORM IIIC Indicate how the program plans to expand the availability of quality child care and the geographic area(s)and types of services targeted for expansion. What activities are planned,and what are the time frames for developing the program? What other community resources and services may be used to help in cost-effectively accomplishing the plan? Describe how providers will be selected and planned outreach activities to low-income and newly working families. Describe the county department's plans for overseeing the successful implementation of the project. How will the program be monitored and progress of children evaluated? What specific licensing issues need to be addressed? Refer to Evaluation criteria#2 and allowable services list. Program Description The goal of the Weld County Capacity Building Program is to expand the availability of quality child care by financially assisting qualified currently licensed as well as new providers with funds to improve the child care facility in order to increase parental choice and involvement and open child care slots in the identified targeted areas by twenty five percent. The targeted areas Are as follows: I.Non-traditional hours;night care,weekend care,shift care 2.Infant Care 3.Rural Areas-outside of Greeley/Evans area 4. Bilingual care 5. Special needs care The Weld County Department of Social Services has formed a volunteer Advisory/Selection committee of 10 individuals representing area agencies,providers,and parents who specialize or are interested in child care issues. These members will act as the selection committee for funds to be distributed to applicants. The 10 committee members represent the following organizations: Weld County Department of Social Services The Weld County Department of Social Services is the fiscal agent of this project and will monitor project activities. The Child Care Assistance Program(CCAP)interacts with recipients who need financially assisted child care. private Industry Council(PIC) The PIC represents local business leaders,education,social services,organized labor,rehabilitation agencies,community based organizations,economic development agencies and the job service.The PIC share overall policy and oversight responsibility for the Employment Services of Weld County under the Weld County Division of Human Services with the Weld County Board of Commissioners. Weld Information &Referral Service(WIRS) Child Care Resource and Referral(CCR&R) Weld Information&Referral Service(WIRS), a United Way Agency founded in 1968, is a"clearinghouse"providing information on accessing available services for people in need. WIRS also gathers and analyzes information about community services and resources in Weld County then works with other agencies to identify gaps in the social safety net to eliminate inefficient duplication of services. One of the chief services provided is the Child Care Resource&Referral program(CCR&R)a single entry,comprehensive referral service for parents, licensed child care providers,and the community. The CCR&R provides referrals to families,as well as to the licensed child care provider. Child care providers can take advantage of the information, education,and supportive services, including assistance in licensing procedures. Family Education Network of Weld County(FENWC) FENWC is a comprehensive program that focuses on early childhood development,providing support to Weld County families. FENWC works with various agencies to identify the needs of families and determine eligibility for funding sources. Programs are individualized so that they are responsive to the needs of each family. Monfort Early Childhood Educational Center The Monfort Early Childhood Center serves as a Laboratory school for students in the Early Childhood education Program. Student teachers work side-by-side with lead teachers and their Early Childhood instructors in the center classroom. 971998 EXHIBIT A Weld School District Six(Colorado Preschool Program)(CPP) PAGE 6 OF 11 The primary purpose of this program is to created full day quality care and education through the use of existing resources. CPP believes that young children who experience a high quality preschool program have a greater success in their education than comparable children who do not. CPP contracts with other programs who demonstrate the capability to deliver high quality developmentally appropriate services measured by the Colorado Department of Education Quality Standards for early childhood services. Weld County Health Department(Environmental Protection Services) This program's primary duty is licensing child care homes in Weld County. Other required knowledge of this position are Zoonooses, Food Service Sanitation,Air Quality, and Household Hazardous Waste. Parent Representative This is a former AFDC recipient with children. ,Home Provider(serving children with/special needs) A licensed provider for more than two and a half years,this care giver provides child care for some special needs children. Some of the special needs are Attention Deficit Disorder,behavioral problems,and diabetes. Administration Capability , The proposed model is an interagency-collaboration among the Weld County Departments of Social Services,the Weld Information& Referral Service Child Care Resource&Referral Program, Department of Human Services, and Weld School District Six,with the Department of Social Service serving as coordinating and fiscal agent. It is critical to note that all collaborating agencies are well versed in the unique issues relating to the challenges presented in the Child Care Capacity-Building Project;currently offer a high degree of flexibility, individuality,and diversity in their respective services in order to adequately serve children and families. Management Structure.Fiscal Controls.Governing Body The Weld County Board of Commissioners and Department of Social Services,will be responsible for managing the project. Currently administering all categorical public welfare programs in Weld County. WCDSS has worked with a number of external funding sources, including State of Colorado and US agencies, as well as coordinated collaborative, interagency projects. It offers established accounting procedures for project administration and budget management,and reporting and program evaluation expertise. The Department of Social Services human resources,fiscal services, accounting and internal auditing offices provide support for responsible grants and contracts management. Additionally,all grants and contracts are subject to the external auditing and reporting procedures required of board-governed agencies. These audits, in turn,are reviewed by the County Board of Commissioners. Project Management To manage the project effectively, a staff person from the Weld County Department of Social Services will act as the project coordinator. Working 10 hours per week,the coordinator will be responsible for(a) implementing and coordinating all project activities, (b)establishing a management system through which to track each of the applicants,©conduct program evaluations,(d) marketing the existence of funds,(e)reporting to the selection committee and the county commissioners,(f)performing other project- related responsibilities as assigned. The Project Coordinator's current title is Director, responsibilities include the administration and management of public welfare program for WCDSS. Those programs include Employment and Training,Child Care, Fraud and Abuse,and coordination with other agencies to efficiently manage those programs. Selection Criteria of Contractors In order to meet the minimum criteria, providers must meet the major requirements of these funds which are: 1. Must be licensed,or in the process of starting a licensed facility. 2. Must be working or willing to work with low-income families. 3. Must give children from low-income families and children with special needs priority when enrolling children in the facility. 4. Must ensure quality programs so that the children's success in child care is a top priority. Applicants will submit a letter of application to the Weld County Department of Social Services. The letter must include name, address, license number or documentation of licensing process,description of need must include three estimates for professional services and/or documentation of actual purchasing costs, and a narrative explaining how the funds will help the facility increase child care slots in the areas defined in the major requirements. 971998 EXHIBIT A PAGE 7 OF 11 Accountability and Evaluation The letter of application will be reviewed by the Selection/Advisory Committee based on a point system for each required category developed by the Selection/Advisory Committee, a letter of award and check will be mailed to the applicant. Those awarded funds will then submit copies of paid invoices for verification of expenses within 30 working days after payment. They will also be required to submit,within 60 days,a report to WCDSS indicating how many children were served due to the assistance and how many available vacancies remained. The reports will then be reviewed by the Selection/Advisory Committee and reported back to the state. The Resource&Referral office located at the WIRS building will input new licensed providers into the Care Finder data base as well as track vacancies for the funded providers. 371998 EXHIBIT A PAGE 8 OF 11 COLORADO DIVISION OF CHILD CARE STATE CHILD CARE CHILD CARE CAPACITY-BUILDING PROJECT COORDINATION,COLLABORATION,AND LOCAL CONTRIBUTION TO THE PROJECT—FORM IIID 1. Identify the local participants in the collaborative project to build child care capacity and how collaboration will benefit families and children by coordinating and not duplicating local child care resources. Describe how community support for the project will be built during this grant. Describe the local matching resources committed to the project and which groups will contribute to them. Attach letters firmly committing to provide the match. The goal of this project will be to increase the availability of child care in certain critical areas in order to meet higher demands for service. We are pleased to introduce the Advisory Committee that will oversee the application process and ongoing success of this project. The Advisory Committee will make recommendations to the Board of Weld County Commissioners concerning eligibilty on the distribution of funds to individual and centers who meet the established criteria and whose plans improve or enhance the availability of child care in designated shortage areas. These individuals have confirmed their support of the project. In developing the Advisory Committee,the Department of Social Services hoped to establish a group of individuals with significant background in the child care arena. It was also necessary that this group serve large and diverse population in order to market the intent and availability of the program. All of the above was accomplished with the commitment from the group listed below. Melanie Hernandez Private Industry Council Loretta Cassells Resource and Referral Bette Czapenski Weld County Department of Social Services Terri Keller-Amaya Weld County Family Educational Network(Headstart) Linda Neigherbauer Monfort Early Childhood Education Center Lori Morado Weld County Child Care Association, licensed home provider Mary Merseman Weld School District Six Sara Teeter Child Care Licensing Specialist Judy Gallegos Parent representative Tina McKay Licensed home provider, serving children with special needs Richard Rowe Weld County Department of Social Services This diverse group of individuals will have a significant impact on the development of this project. Their vast experience in the many aspects of child care will assure collaborative approaches to eligibility determination and the distribution of funds. Duplication of services will be easily avoidable since the experience and expertise of the Advisory Committee cover almost all aspects of child care in Weld County. A significant outreach program,already underway,will be enhanced and broadened by this group of child care experts. The diverse populations they serve and come in contact with will have the ability to apply for benefits of this program. All of the Committee members serve low income individuals and newly working parents in their specific programs and are aware of the needs of those individuals. 971298 EXHIBIT A PAGE 9 OF 11 STATE CHILD CARE CHILD CARE CAPACITY-BUILDING PROJECT-PLAN FOR CONTINUATION AFTER GRANT ENDS-APPLICANT FORM IIIE 1. How will community support for the project be built or expanded to ensure continuation of these services for low- income and newly working families? How will costs covered by the grant be covered when the grant ends (e.g.,tuition,fund raising,donations,grant writing,etc.)? (Refer to Evaluation Criteria#4 to make certain you have addressed all key points in your response.) Community Support Social Services anticipates that when additional slots are created due to expansions of current facilities, or from the assistance provided to persons to obtain a child care license,that the recipients of the grant monies will be willing to work closely with our agency to support our low income and New Direction families. Persons who receive funds from the grant in order to further enhance their training will then have the needed expertise to provide age/need specific care for our families. (ie: special needs children, infant/toddler care,start-up training costs, CPR.) We currently encounter a severe shortage in infant/toddler slots. To increase slots in these areas,we will provide funds to assist with the cost of additional staff for infant./toddler care. We anticipate that within a year the newly created infant center facility will be self supporting and that the necessary infant slots will be increased. The local resource and referral agency will then have a larger referral base for families within our communities. Future Costs When a facility is funded for an additional staff member to provide care for infants,after the initial year,the facility will then have the client base to sustain the infant center worker without grant monies. If grant funds are used to assist with licensing start-up costs(ie: fence,play equipment,beds/cribs,necessary training,etc.)then the provider will be able to run the child care as a business and will have the necessary funds from child care payments to continue the service. If grant funds are used to expand a facility or pay for licensing costs to increase the number of slots a facility can offer,the recipient facility will receive more income,serve more families,and become self supporting. If funds are provided for training/education of child care workers, we anticipate that their training will be completed within the year and no further funds would be necessary. Former recipients of the grant will be encouraged to participate in local fund raising efforts to maintain quality child care for low income families and the community at large. We will encourage local businesses to increase their interests in child care through either monetary donations,on site daycare centers,employee benefits,or direct compensation. Our agency will work closely with the Neighbor to Neighbor program to help insure that quality child care is a top priority. 971998 COLORADO DIVISION OF CHILD CARE BIT A STATE CHILD CARE CAPACITY-BUILDING PROJECT PAGE 101OF 1 LINE ITEM BUDGET, BUDGET NARRATIVE AND COST EFFECTIVENESBUDGET FORM IIIF Child Care Capacity-Building Grants-Line Item Budget: County Weld Funding Period July 1. 1997 to June 30. 1998 BUDGET FOR DIRECT COSTS OF CHILD CARE PROGRAMS State Local Total ud et Categories Cost Match* Cost Personnel $ $10,000.00 $10,000.00 (specify) Fringe Benefits $ $ .x $ Travel $5,000.00 $ $5,000.00 (Transportation for Certification Training) Supplies $10.000.00 $ $10,000.00 (Bedding,office, kitchen, toys, personal, educational) Equipment$ $30,000.00 $ $30,000.00 (Playground equipment, fences, appliances) Other (specify) $50,000.00 $ $50,000.00 Minor remodeling of facility,insurance,training) fOn-Tota - hildcare Prof, $95.000.00 $10.000.00 $105.000.00 BUDGET FOR COUNTY ADMINISTRATIVE COSTS State Local Total Budget Categories Cost Match Cost Specify cost below $5,000.00 $ $5,000.00 (Salary, postage, printing) Sub-TotalAdmin $5,000.00 $10.000.00 $5,000.00 GRAND TOTAL $100,000.00 $10,000.00 $110,000.00 **A minimum local match of 10% of the total project cost is required. See reverse for instructions on calculation. 971998 EXHIBIT A PAGE 11 OF 11 tf N O N Off) t j to c) .Oa. c) • 7 r M to V' C7 6 CD O 7 co co C ) to 000 a) rCD N CI C C U N y 7 N N 0 0)) W NI:: CV N. •2 c N. t j Vim' •cr j ICY N- � .. j O . . C.•) ` • = O 7 0 X 0 O. r:. C CDtO CO CO h- O to EA O co N 'V. N: CO a a) O IC V r r M- N. CO +- T N a) co - co 7 C C 2 a U E O c U • o 3 c c c c -c CO 03 OS .03 O U C) 0 •U /3 C L .0 .c _c -a o o C) O O C I- a) 0 (11O •y c _.N. 1-` „F ,f— - Y c) no aso m m ti c O c N N 03 N CB o Y U U U C.) 0 1n Q m Cl0 0 0 0 0) (n 0 • r C.) . . v9 m C > U CO N O n m Y 'c coE p c c arc) Q Z o o m m Y r a) T Ca `) O W N co y C as to 5 m U U o) a) z, ro O C C m • 0 V) Q N c i a C - -I co CO CO 0 m . , 0 Co N 0 H tca 1 971998 ADDENDUM#1 PAGE 1 OF 5 jet ‘01-........;\\ .JUN 2 5 1997 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A IGREELEY, COL(970)ORADO352.81065 15 80 5321 Administration and Public Assistance Child Support(970) 352-6933 Q Protective and Youth Services (970) 352-1923 Food Stamps (970) 356-3850 COLORADO Fax June 23, 1997 Cynthia Trainor Grants Administrator Division of Child Care 1575 Sherman Street Denver, Co. 80201-1714 Dear Ms. Trainor: Attached please find the revised plan for Weld County's Child Care Capacity Building Grant. All issues questioned by the review committee have been addressed, hopefully to their satisfaction. We appreciate the receipt of the grant and the opportunity to increase services to our clients. Sincerely g&e,,e(--Cg Richard Rowe Assistance Payments Administrator RR:bc 971998 ADDENDUM#1 PAGE 2 OF 5 Colorado Child Care Capacity Building Grant Revision -June 1997 How many slots will be created as a result of this project? From an informal survey of all local daycare centers who have expressed interest in the grant the following number of slots are predicted: Polka Dot House - Interested in becoming licensed for non-traditional care during the evenings, nights, and early mornings. They could provide a maximum of 68 new non-traditional spots with minimal cost. Kiddieland - Currently planning to enlarge their facility. When the facility is enlarged they anticipate up to 50 new slots for ages 0-12. Funds from the grant may be used for updating bathrooms or buying more supplies for increased number of children. Highland Daycare - Considering non traditional, early/late hours. They anticipate they could provide 25 - 30 more slots to low income families. My Friends and Me - Recently built a new facility in Platteville and has a fairly new facility in LaSalle. They anticipate having 65 - 70 slots that are unused currently. They have worked with Social Services in the past and commit to that continuing service. ABC- Has three current facilities and with the addition of bathrooms they can accommodate up to 20 new infant/toddler spots per building or a total of 60 new spots in all. Private providers: Weld Information and Referral Services has estimated that 215 new slots would be created withing the private child care sector. An additional service created will be sick child care coverage, of which is currently not available within this community. WIRS is also reporting an increase in bilingual providers due to enhanced recruitment efforts by their agency and AmeriCorps. Documentation of needs: Survey of all types of facilities showed the following areas are lacking: bathroom/changing areas/sink facilities to increase capacity for infant/toddler cots/bedding/cribs staff training overnight care equipment, ie: beds, bedding, monitors, -to increase ovemight/non-traditional care slots 971998 ADDENDUM#1 PAGE 3 OF 5 emergency and first aid equipment; fire extinguisher, first aid kits, ladders for basement escape window educational videos, supplies, and training Please see attached letters to confirm needs assessment as well as commitment to continuation of services. County monitoring/admistration agreements with providers 1. Provider will submit request for funds from the grant. Provider must provide the following verifications: 1. 3 estimates for any remodeling/building projects 2. 3 options for necessary supplies, I.E. crib, send in three choices, varying costs. 3. Proof of cost of class/training that provider would like to enroll in. 2. Advisory committee reviews the request and approves or denies 3. If denied committee will send a denial/thank you for your interest letter 4. If approved A. Approval letter B. Contract with provider sent out stating the amount of funds provided, what the funds need to be applied to and an agreement stating the provider agrees to continue to serve low income families for three years, agrees to give priority to low income clients when filling slots, and agrees to maintain 50% of their newly created slots for low income children. They must agree to include their name in the WIRS referral service and keep the service updated on openings as they arise. 5. Providers will have 30 working days after payment to submit paid invoices/receipts verifying expenses. 6. Providers must submit within 60 days a report to WCDSS and the grant advisory committee indicating how many children have been served, how many slots remain open, etc. 7. Providers must submit a similar report to WCDSS and the grant advisory committee every six months for the next two years indicating their continued support of low income families. 8. WCDSS and the advisory committee will evaluate the reports from the providers. 971398 ADDENDUM#1 PAGE 4 OF 5 Budget Narrative Budget Categories State Cost Local Match Total Cost Personnel $0 $10,000.00 $10,000.00 The local match comes from individuals within the community who are willing to provide their time, expertise, and at times, their facility,to the obtaining, monitoring, and distributing funds to potential grant recipients. These people are willing to give up their time and efforts at no cost and Weld County believes without these individuals the county would have to spend a minimum of$10,000.00 in salaries. This is Weld Counties local match - in kind. Please see enclosed commitment letters regarding in-kind matches to confirm local match of$10,000. Fringe Benefits $0 $0 $0 Travel $3,000.00 $0 $3,000.00 Transportation for certification training - Supplies $7,000.00 $0 $7,000.00 Bedding, office, kitchen, toys,personal, educational) Equipment $19,000.00 $0 $19,000.00 Playground equipment, fences, appliances Other $31,000.00 $0 $31,000.00 Minor remodeling of facility,insurance,training County Administrative Continuation of Services WCDSS will have a contract with grant recipients that states they will continue to provide child care to low income children. The recipients will need to submit an written update every six months regarding the number of low income children being served, number of open slots, any concerns or suggestions. The provider will also be required to keep their name in the local provider referral services and keep the service informed of open slots. The committee will only give funds to providers who have expressed a desire to serve or continue to serve low income families. - Regarding the $10,000 match, it is from in-kind matches from individual community members who agree to provide their time and expertise and at times, facilities, to the writing and distribution of the grant monies. The committee members will have to spend considerable time reviewing grant proposals and monitoring recipients projects and outcomes over the next year. 971998 ADDENDUM#S PAGE 5 OF 5 Colorado Child Care Capacity Building Grant-Revision Partnership with the Business Community Developing a partnership with the business community will be critical to insure the success of the Colorado Child Care Capacity Building Grant. Two main business coordination efforts will be pursued to link the private sector with the Grant and the individuals and children served. Those entities are: 1. The Weld County Private Industry Council -The Weld County Private Industry Council share overall policy and oversight responsibility for the Employment Services of Weld County under the Weld County Division of Human Services with the Weld County Board of commissioners. The Private Industry Council represent local business leaders, who make up a majority of its members. Other Private Industry Council members represent education, social services, organized labor, rehabilitation agencies, community based organizations, economic development agencies, and the Job Service. Because the Weld County Commissioners administer all employment and training programs,the Private Industry Council oversees program implementation and planning for the Job Training Partnership Act(adult and youth employment and training programs), Job Service,Job Opportunities and Basic Skills Program,Employment First Food Stamp Program, and all other new and existing employment,training, and supportive service activities of the Employment Services of Weld County. It is important to note that, in the State of Colorado, the Weld County Private Industry Council is currently the only Council that has this type of responsibility in the planning and oversight for employment and training programs. Most Private Industry Councils have a primary responsibility for Job Training Partnership Act Program planning with limited comment capabilities with the rest of the employment and training programs. Melanie Hernandez, a Private Industry Council member, is also a member of the Child Care Capacity Building Grant Advisory Committee in Weld. 2. Weld County Department of Human Services, Employment Services of Weld County - The Department of Social Services has a long time excellent working/contracting relationship with the Weld County Department of Human Services. We jointly administer programs that are dependent on good working relationships with the business community. Most of the Department of Social Services' employment programs are coordinated with Human Services. All of our service delivery projects which are jointly administered between the two departments have input from business and community leaders. The Child Care Capacity Building Grant will also be part of our overall plan to assist individuals in our employment and training programs in becoming self-sufficient. The Weld County Family Educational Network (Headstart) is also part of the Weld County Division of Human Services. Terri Keller-Amaya, who is the Headstart Director, is a member of the Grant's advisory team. 971998 ADDENDUM#2 ( j0jj �P%\\ PAGE 1 OF 2 DEPARTMENT OF SOCIAL SERVICES P.O.BOX A ' GREELEY, COLORADO 80632 Administration and Public Assistance (970) 352-1551 O Childv (970) 352-6933 Protective and Youth Services(970) 352-1923 Food Stamps(970) 356-3850 COLORADO Fax(970) 353-5215 8-21-97 Scott Raun Division of Child Care Colorado Department of Human Services 1575 Sherman Street Denver, Co. 80203-1714 Dear Scott: Attached is a more detailed breakdown for the Weld County Department of Social Services child care capacity grant budget. Hopefully this will clarify our intentions for you. If not, let me know. Thanks. 712eadet: Bette Caapenski Case Manager' Child: Care-:Department Enc. 971998 ADDENDUM#2 PAGE 2 OF 2 COLORADO DIVISION OF CHILD CARE STATE CHILD CARE CAPACITY-BUILDING PROJECT LINE ITEM BUDGET,BUDGET NARRATIVE AND COST EFFECTIVENESS- BUDGET FORM HI F Child Care Capacity-Building Grants-Line Item Budget: County: Weld Funding Period: to BUDGET FOR DIRECT COSTS OP CHILD CARE PROGRAMS Item State Cost Local Match Total Cost Personnel Salaries -0- $10,000. (in-kind) $10,000. (specify) Fringe Benefits -0- -0- -0- Travel (specify) $3,000. -0- $3,000. Transportation for certification traning- 11,111 miles @ .27 a mile. Supplies (specify) Bedding $1,166. -0- $1,166. Office Supplies $1,166. -0- $1,166. Kitchen Supplies $1,166. -0- $1,166. Toys $1,166. -0- $1,166. Personal $1,166. -0- $1,166. Educational $1,170. -0- $1,170. Equipment (specify) Playground Equip. $7,000. -0- $7,000. Fences $7,000. -0- $7,000. Appliances $5,000. -0- $5,000. Other(specify) Remodeling (minor) $20,000. -0- $20,000. Insurance $6,000. -0- $6,000. Training $5,000. -0- $5,000. SUB TOTAL: CHID $60,000. $10,000. $70,000. CARE BUDGET FOR COUNTY ADMINISRATIVE COSTS BUDGET CATEGORIES State Cost Local Match Total Cost Specify Costs -0- -0- -0- SUBTOTAL -0- -0- -0- ADMINISTRATION GRAND TOTAL $60,000. $10,000. $70,000. 371998 EXHIBIT B RENEWAL LETTER Date: Renewal Letter No. In accordance with Paragraph of contract routing number , between the State of Colorado Department of Human Services, (Division) and [contractor] covering the period of through , the undersigned agree that the term date of the contract shall be extended for a period of LENGTH OF TIME to DATE The services affected by this extension are modified as follows: The budget shall be modified as follows: This amendment to the contract is intended to be effective as of , but in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. Please sign, date, and return all copies of this letter on or before 199 • Contractor Name: State of Colorado: Roy Romer, Governor By: By: Name: For the Executive Director Title: Colorado Department of Human Services APPROVALS: FOR THE STATE CONTROLLER Clifford W. Hall By: By: For (Division) State Controller or Designee Page 1of1 971998 RULES AND REGULATIONS Rules and Regulations 344 fist of Subjects 45 CFR Port 98 Child Care.Grant program__social Programs.Parental Choice,Reporting and recordkeeping requirements. • 45 CFR Part 99 Administrative-practice and procedure.Child care.Grant program— social programs. Dated July 20.1992 Jo Anne B.Bambart. Assistant Secretary for Children and Families. Approved July 23,1992 Louis W.Sullivan, . Secretary.Department of Health and Human Services. For the reasons set forth in the preamble,parts 98 and 99 of subtitle A of title 45 of the Code of Federaf Regulations are revised to read as follows: • PART 98—CNt(.D CARE AND DEVELOPMENT BLOCK GRANT Subpart A—Purpose,and Deflations Sec • 981 Purposes. 982 Dcfmitioru. 983 Effect on Stale law. Subpart 8—General Appfcajon Procedure, 98.10 Lead agency responsibilities. 98.11 Administration wider contracts and agreement,. 98.12 Coordination and consultation. 98.13 Application content and procedures. 98.14 Plan process. 98.15 Assurances. 9818 Plan provisions. 98.17 Period covered by Plan. 98.18 Approval and disapproval of Plans and Plan amendment,. Subpart C--Eagmmty foe Services 9820 A child's eligibility for child care services_ 9821 A child's eligibility for early childhood development and before-and after- schoolcareservices Subpart O—Program) Operatlons(Cnt(d Care SeResponsibl9ties ,�Rfpftta and 9830 Parental choice. 98.31 Parental access. 93_72. .Parmtal compbdints. 9883' Consumer education 9834 Parental rights and responsibilities- Subpart E 41vp.ma Operations(Crud Care Sendoes)-7S[sta and Provider Regcdtemgrts 08.40 �th� ble State and load m EXHIBIT C • .c Health tad�"q`°"®`a" PAGE 1 OF 19 69143 Payment rates. 971998 34414 Federal Register I Vol. 57, No. 150 / Tuesday, August 4 1992 / Rules and Regular ons 08.44 Priority for child care services. - 98.45 Registration. (6)Increase the availability of early services and quality and availability 98.48 Nondiscrimination in admissions on childhood development and before-and improvements pursuant to section after-school care services. 658B(c)(3)(B)of the Act. as well as the basis of religion. 98.47 Nondiscrimination in employment on (b)The purpose of these regulations is quality and availabilityim rov the basis of religion. to provide the basis for administration P emen8, of the Block Grant.Theseregulations and 6.58 to sections 658B(c)(3)(CJ, 656G Subpart Fuse of Mock Grant Funds and 658H of the Act: 98.50 Child care services. provide that Grantees: (g) Caregiver means an individual 9851 Activities to improve thequalityof (1)Maximize parental choice through who provides child care services care and to increase th the use of certificates and through grants directly to an eligible child on a person- child ability of early childhood and contracts: to-person basis: (2)Include in their programs a broad (h)Categories of care means center- development and before-and after- school ore services- range of child care providers-including based child care,group home child care, 98.52 Administrative activities center-based care,family child care, in- family child care and in-home care; 98.53 Supplementation home care,care provided by relatives 9854 Restrictions on the use of funds. and sectarian child care providers: G)Center-basedprovidlicensedch edororovrwis 98.55 Cost allocation means z provider itor rehe ie (3)Provide quality child care that authorized to provide child care services Subpart G—Financial Management meets applicable State and local 98.60 Availability of funds, requirements: for fewer than 24 hours per day per child 9a61 Allotments for Slates. (4)Coordinate planningin a non-residential setting, unless care and delivery in excess of 24 hours is due to the na tare 98.62 Allotments for Territories and Tribes. of services at all levels; 98.63 Reailotment (5)Design flexible programs which of the Child cares)'work: 98.64 Financial reporting- provide for the changing needs of Q) may be a means a 8a85 Audits. recipient families; certificate(that may be a check or other 98.68 Disallowance procedures. (6)Administer the Block Grant disbursement) that is issued by a 98.67 Fiscal requirements use to a parent who responsibly to ensure that statutory may Subpart II P,uyram requirements are met and that adequate use such certificate only as payment for Requirements information regarding the use of public child care services,pursuant to § 98.30. 98.70 Annual report requirement funds 18 Provided: Nothing in this part shall preclude the San Content of report (7)Maximize the impact of the use of such certificate for sectarian child Subpart Hndtan Tribes additional funding available under the care services if freely chosen by the Block Grant by ensuring that Federal parent For the purposes of this part, a 98.80 General procedures and requirements funds are used to supplement not child care certificate is assistance to the 98.81 Application and Plan. parent not assistance to the provider.9882 Coordination thatadsupplant existing services,and ensuring d 9a83 Requirements for Tribal programs �d administrative costs are minimize - sin(k)Child core provider that receives assistance means a child care provider and Subimp kor4sy,N°rr'C° (8)Design programs which provide that receives Federal funds under the ts uninterrupted service to families and Block Grant pursuant to grants. 98.90 Monitoring. providers,to the extent statutorily contracts or loans,brit does not include a child care provider to whom Federal 98-91 Non-compliance. possible. 98-92 Penalties and sanctions. funds under the Block Grant are 98.93 Complaints. §tiH1 DefiDefinitions.o directed only through the operation of a • Authority:42 U.S.C.9858 For the purpose of this part and part certificate program; Subpart A—Purposes rposes and D 99: (I) Child care services.for the Definitions (a) The Act refers to the Child Care purposes of§98.S0,means the care §98.1 Purposes. and Development Block Grant Act of given to an eligible child by an eligible 1990.section caw of the Omnibus child care provider. (a)The purpose of the Child Care and Budget Reconciliation Act of 1990, (m) The Department means the Development Block Grant is to increase Public Law 101 508.as codified at 42 Department of Health and Human the availability,affordability,and O.S.C.9858; quality of child care services.The Services; (bj en and Fa the Administration for (g)Early means a p program that meetset program offers Federal funding to Children and Families; States,Territories,Indian Tribes,andonprogr am means a (d); Tribal organizations in order to; from apotentialThe tental Grantee isthe request the )Elementary mt ry of§school mean (1)Provide low-incomehe Block k for includesud ( Elementary means a day or families with under the Block Grant and such residential school that provides the financial resources to find and information as the amount of funding elementary education.as determined afford quality child care for their requested and the projected budget for under State law: children: (2)Enhance the tali the program,pursuant to §98.13: (p)Eligible child means an individual the su 1 of ch q ty and increase (d)Assistant Secretary means the who meets the requirements of§9820: PP Y care for all families, Assistant Secretary for Children and (q) ible child can provider means: including those who receive nil direct Families,Department of Health and (i)Al center-based child care provider, assistance under the Block Grant Human Services; (3)Provide parents with a broadre- a milyp home child carer,an in-home a of options in addressing their child cares means eeorviicess andhich meet theervices family care provider.care 1r otherro der of needs; (4)Sti'engthen'the role of the family: regmrements'of§9851(e): • child care services for compensation (5)Improve the gna(ite o f and (�The BlockCranemeans the Child that— - cootdinatian am Care and Development Block Grant i ong,,cdril Ii a B/ock t programs will e used to (i)Is licensed.regulated,or registered programs and early-childhoodunder applicable State or local law as development generically describe all activities under described in f 98.40 or.if exempt from P programs;and the Block.Grant.including child care j such requirements.is registered before EXIIIBIT C • PAGE 2 OF 19 971398 receipt ofpayment as described in 2425 § 98.45:and period. and pertains only to State and (ii)Satisfies State andTerritorial Grantees: Islands.and the Trust Territory of the requirements. ' local Pacific Islands alau including those referred to (z) ObligOt1on period means the time Tribes unless o herwises and includes r § irem nts.applicable to theperiod during which a fiscal year's grant raneee r services it provides:or child care must be obligated.and pertains only to (ran) Tribe and T bat o State and Territorial Grantees; (u)end refer o(2)A child careIndiane Tribes and Tribal organizations years of age or older provider who is 18 (aa)Parent means a parent by blood. as defined at paragraphs provides child marriagegr Phs and (oo) of care services only to eligible children or adoption and also means a Ih's section: who sec isby marriage blood legal guardian. or other person standing (oo) Tribalverning body of meansy the relationship,or court de in loco parent's: recognized governing li of any In i grandchild.niece, tee• the (bbplc The Plan means the Plan for the tribe, or any legally established or nephew of such implementation of programs under the organization of Indians,including a provider,if such provider is registered Block Grant; before receipt of payment and complies (cc)pro consortium, which is controlled, with any State requirements that govern Program Period means the time sanctioned,or chartered by such child care provided byg Period for using a fiscal year's grant and 8ovefnrng.body or which is involved. the relative does not extend beyond the last day to democratically elected by the adult (r)Family child core liquidate funds; members of the Indian community to be one individual whoprovider means (dd)Programs will be used generically served by such organization and which services for fewer than provides child care to describe all activities under the Block includes the maximum per child,e asr the sole 24 hours per day Grant,including Indians in all Participation of caregiver,in a 8 child care services and phases-oof its activities: private residence other other activities pursuant to §98 5p as Provided, that in any case where a residence,unless than the child's well as quality and availability contract is le(or grant is made to an roars is e.due to theme in excess of 24 improvements pursuant to § 9851: organization to perform services parent(s)•work; nature of the (ee)Provider means the entity benefiting more than one Indian Tribe. (a)Grantee means the Stale, Providing child care services: the approval rofe each Such(radian Tribe Territorial or Tribal ova (In The regulationto refers to the actual shall be a prerequisite to the letting or to which a 8 mmental entity regulatory text contained in parts 98 and making of such contract or grant:and grant is awarded and which 99 of this chapter, is accountable for the use of the funds (pp)e Types g providers providers under the provided-The Grantee is (gg)ide Secondary school means a day or category of For theeipurs under each entity even if only the entire legal residential school which provides y a Particular secondary education, es determined Block Grant types For purposes includeof the component of the entity is designated in under State law: the grant award do non-profit providers,f for-profit cltment; (hh)Secretory,means the Secretary of means two(I)Croup home child core provider the Department of Health and Hum n elativvesswho provide iders and or more individuals who Services; provide child care services for fewer (ii)Sedation o than 24 hours per day per chitorganization or §98-3 Effect on State law. private residence other than the in a sectarian child care provider means (a)Nothing resideece, child's religious organizations or religious shall be co trued to s in the upers de or or this rt unless care in excess of 24 providers generally.The terms embrace modifyanyof hours is due to the nature of the parent(s)•work HnY organization orat provision a State engages in religious conduct or activity the expendconstitutioiture of public or State law funds in or at by (u)Indian Tribe means any Indian or that seeks to maintain a religious Tribe,band,nation, or other organized identity group or co sectarian organizations,except that no P community.including in some re all of its funcsectariantions. law shall be c State constitutiontor or State Alaska Native villageany There is no or rprovide that a ed law nditl in or by sectarian prohibit the village corporation as ordregtonal or organization arprovider be managed by expenditure or 6y established fined in or clergy or have any Pursuant to the Alaska partiont odegree of institutions deans Federal funds Native Claims Settlement Act(43 U.S.C. content management control.or provided under this part. f 1801 et aeq)which is recognized as t eligible for the special (1;)Sec:arias v (b)If a Stale law or constitution pograras and i purposes and oc ctviv ty vends from preventi g expel Blocked for the services provided bymeans any religious purpose or activity, funds be" ex to Indians because the United States including but not limited to religious mg expended Act, withoutoe of their stems as worship or instruction; Purposes provided in the Indians- (kk)Services limitation, then States must segregate • (v)fo-home child care provider means por whichro ded meansfall child carer serviceis s State and Federal hinds: an individual who provides child care funded under the Block Grant,either as Subpart B—.General Application set-vices in the child's own home; (w)Lead agency meansassistance y to tsild des' the agency care Procedures tgnated"under§§98.10 and Providers through gasntss contracts, or 9818(a)(1); loans,or indirectly as assistance to §98.10 Lead agency responsibilities (x)Licensing or regulatory parents-through child care certificates: The lead agency,as designated by the re9utrements means requirements (11)Sliding fee scale means a system chief executive officer of the State(or by necessary for a provider to legally of cost sharing by a family based on the appropriate ch(Id y income and size of the a ),sa Tribal leader cr providecare services in a State or accordance with §98.42;family, in aPPI Administer shall: locality,Including registration - (sun)State means any of the States, (a) m. i directly e tly the Block Grant i requaements established under State, • the•District of Columbia,the p��' in aeco dora through other State ) _ local or tribal law other:than those Commonvrealih of Puerto Rico, the agencies:in sewrpplica with §Sall:d required pursuant to i,98.45; " de this an Application f98 funding (y)Liquidattbn period folio the obans the one- Guam.American Samoa,the States, under Consultris part,with appropriate t 98_ , obligation Commonwealth of the Northern Mariana re r enta sof approprier preventatives of local government in • • I. EXHIBIT C PAGE 3 OF 19 :l 971.998 developing a Plan to be submitted to the a( )Coordinate the provision of (7)Pursuant to 45(.hK 78.500. Secretary pursuant to § 98.14(b). services for which assistance is certification that no principals have (d)Hold at least one public hearing in provided under this part with other been debarred: accordance with § 98.14(c):and Federal.State.and local child care and ial Application. or (e)Coordinate Block Grant services early childhood development programs, first Application atfter publication of the with other Federal.State and local child and before-and after-school programs final rule implementing the Block Grant. care and early childhood development as provided under§98.10(e). programs.including such programs forpublicie amounts expeneedl.State. and local the benefit of Indian children.pursuant @)Consult in accordance ordance with funds expended for the support of . to §98.12 §98.14 b .with representatives of child care and related programs during general purpose local government during the base period pursuant to § 98.53(b): ¢98.11 Administration under contractsthe development of the Plan:and (ii)For subsequent Applications. the and agreements (c) Coordinate, to the maximum extent amounts of such funds expended during (a)The lead agency has broad feasible,with any Indian Tribes in the the applicable subsequent period; and. State submitting Applications in (Hi) If applicable, information authority to share responsibilities for the accordance with subpart I of this part. regarding the nature,extent and basis administration of the program with other State agencies.In addition. the lead §S8.13 Application content and for any reduction in Federal expenditures,and.for Tribal Grantees. agency can share implem entetinn of the Procedure . is e r to expenditures. n oro^ra:es Program with other public or private (a)An Application for Block Grant other than the Block Grant. for the local agencies:however (1)The lead a en funds must be made by the chief subsequent period: g cy must retain executive officer of a State.The (9)Assurances that the Grantee will overall responsibility for the administration of the Application must contain: comply with the applicable provisions prograrr.as (1)The program period,as defined in regarding nondiscrimination at 45 CFR defined in paragraph(b)of this section; (2)The lead agency shall serve as the §98.2 c). for which the Application is part 80(implementing title VI of the single point of contact for issues made; Civil Rights Act of lament.as amended)5l. 45 involving the administration of the (2)The amount of funds requested for CFR part 64 (implementing section 504 Grantee's Block Grant program:and such period: of the Rehabilitation Act of 1973. as (3)The sharing of administrative and (3)An.assurance that the Grantee will amended).45 CFR part 86(implementing comply with the requirements of the Act implementation responsibilities must be title governed by written agreements which and this part 1972IX of the Education Amendments of as amended)and 45 CFR part 91 specify the mutual roles and (4)Pursuant to 45 CFR part 93,a (implementing the Age Discrimination responsibilities of the lead agency and lobbying certification which assures that Act of 1975,as amended): the other agencies in meeting the the funds will not be used for the (10)The Block Grant Plan.at times requirements of this part purpose of influencing.and.if necess and in such manner as required in • (b)In retaining overall responsibility a Standard Form LLL(SF—LLL)which §98.17:and for the administration of the program. discloses lobbying payments(Tribal (11)Such other information as the lead agency must: applicants are not required to submit specified by the Secretary. (1)Determine the basic usage and either the certification or form): • (b)Applications must be submitted priorities for the expenditure of Block (5)Pursuant to 45 CFR 76.600,an annually or less frequently,as specified Grant funds; assurance that the Grantee provides a by the Secretary,rat e such time and in (2)Promulgate all rules and drug-free workplace or a statement that such manner as prescribed by the regulations governing overall such an assurance has already been Sec)In it- administration of the Plan; submitted for all HFIS grants; (c) n ts initial Application.an Indian (3)Submit all reports required by the (6)A budget of expenditures,which Tribe must provide a description of Secretary: provides an estimate of the use and current service delivery skills. (4)Ensure that the program complies distribution of Block Grant funds during personnel.resources,community with the approved Plan and all Federal the period covered by the Application, support.and other necessary components that will enable it to requirements; including: (5)Oversee the expenditure of funds (i)A breakout of program activities satisfactorily carry out the proposed by subgrantees and contractors: under§98.50,including a list of• Plan.Initial Applications submitted by (6)Monitor programs and services: activities to improve the availability and consortia must also contain the (7)Fulfill the responsibilities of the quality of child care,and administrative additional information required under Grantee in any:disallowance under - costs.as described in §9852(b),the §98•80(c)(i)and(c)(4). subpart G;complaint or compliance Grantee anticipates will be necessary to §98-14 Plan Process- action under subpart J;or hearing or cany.out the stated purposes of the In the development of each Plan, as appeal action under part 99 of this Pam: required pursuant to §98.17. the lead .chapter;and (if)A detailed explanation,pursuant agency shall: • .(8)Ensure that all State and local to§9850(d)(3),including:appropriate (a)Coordinate the provision of Block agencies with whom it Shares documentation for the budget Grant services with other Federal.State. • administrativeresponsibilities.including expenditures.if not consistent with the .and local child care and early childhood • agencies and contractors which limitation at.§9850(d)(2);and development programs,including such determine individual eligibility.operate „ 'Off)A break-out of program activities programs for the benefit of Indian according to the rules established Linden§-SS-51 including administrative - children; Prof?•• - for the• costa,EIS described in§98.52(b),which (b)Consult with appropriate §46.t2 Cootdkeauon toss ry the Grantee anticipates will be representatives of local governments to . The lead agency must : necessa to carry out the Stated consider local Child care needs and i purpose of the programresources,the effectiveness of existing EXHIBIT C PAGE 4 OF 19 • 9'71sss a; n... :.:,r�:_: - .,.. �,. No. 150 / Tuesday. Au child care and earl gust 4, 1992 / Rules and Regulationschildhood 34427 by which Block and theme hods (h)In accordance w oche Grant funds Providers of child services¢ f el! eligible to receive assistance b effectively address fun can be used which assistance ie videdufor shorts child care Block Provided under Program or any under this to Hold at gas'and oak Grant will tom Ia the State child care underassistance ter Federal or edec)uate notice,`gone hearing,with applicable el and regulatory `Y requirements and (col With respect to programs: an opportunityProhea in the i to comment too the public (i)Providers of child care or ervi s(or safety rrequirements.ppatate nt r local provision of child care services under assistance is under the oire health and Block Grant that is provided lc nsed or requirements,payment rates, and registration requirements.Stale or local §a9.t5regulated for the purpose of rules,procedures theo other e The Block Assurances °h'!d cars under State or to providing Promulgated for 4uire Bloc ock Grant Plan mull °elude required to cal law are Grant will not significantlypurpose c!Block assurances that: Grantee registered with the (a)Upon a Pnor to Payment being made parental choice from among approval.the Grantee will and that such providers shall be of care or t categories have in effect a pro8rgm which complies aftpeereelection bytypes of providers, with the Provisions of register hparents the of Grantee §9D16o(gl Pursuant to ( The a the Plan: chile rec and before suchp pa a eligible ble § (a) hoc within P rnt(s)of each eligible child made,as required byp'Q~'tc:s. the State whoDct un is (a)A Block Grant Plan must contain offered child receives or is §98.45: financial assistance urea for which (orlother eere byeerved are in ethe State the following. ¢ is taace 7D Provided under under State or to the Grantee). (1)Specification of the lead agency (il To given the option either designed to rot cal law,requirements whose duties and responsibilities are enrol/such child with a child of chit protect the health and safety delineated in §98,.p Care Provider that hag a grantor children that are applicable to (2)The assurances listed under contract for the provision of the service; which assistance that Provide services for ¢98.15; orprovid is made available (3)A description of how the Block (2)To receive a child under the Block Grant pursuant to as defined in¢ care certificate ¢98.41: Grant program will be administered and (c)In Cases ' B ch the (k)In accordance with implemented. if the lead agency does raw ¢98.4r not directly Pursuant to §9t1.3p,electsto enroll (sJ, Procedures are in effect to ensure that the program: ioflhe and implement child with a provide enroll their nation Child care providers of serviceshas for (4)A description of the will be enrolled the lead that the child Block Grant coma is with providedllunderplicthe end consultation processes t with the eligible State or locahe It with all applicable the development of the Plan, Provider selected byte parent to the requirements; and safety ¢9 de maximum extent practicable (a)and(b): pursuant to (di la accordance with (I)If the State reduces the level of (5)A description of the child care certificate offere to pathe rents standards applicable to childprocess.pursuant to public hearing shall be of a vParents services Provided in care ¢98.14e slue co (61 an Definitions of the following terms mmeastuate with area served the State(or other for Purposes of date the subsidy value of child November_S. pe Grantee)after provided a C8re services Pursuant to 4§ (a) ng &44:eligibility. (e) grant or contract: inform;the the Grantee shall needs and 9&44: ¢98.31,ed underntee• secordance with such reduction n the ary of the rationale for fill Phy) sical needs child: s procedures in Place to the Grantee: annual report of applicable): Y 'cel or mental incapacity(if ensure that providers of child (m)The G tional services for which assistance care months after sub a will not later than 18 (°)JobAttending provided undermission of the f educationalprogram); (a job training or Parents unlimited the Block Cram afford the la ation,complete a full the li review of (iv) training ram- childrea and to the acCeme to their and regulatoryw llicable to,and licensi Program; rg and educational their children,d. Providers. (v)Residing of operations srhrhg the normal hours Policies of,each licensingme requirements and with: childrenand wheaedersuch regulates child agency:that full Working: providers in the care of such Programs iq the State services°gym,and (vii)Protective services(if applicable served by the Grantee)unless te area (ix) i Very low income:and ) (f1 The Grantee,as required by Grantee has reviewed such law. x)in loco parent is. §98.32,maintains al'ecordnt' has requirements.and (7)For child care services and substantiated Parental complains and year period policies in*the three_ activities to improved the availability and makes infs'avationlregregarding such the ¢rant will be received ti)A description of such ant to§sa so- request: the public on only throughsupplement ck Grant tto u be used activities:co services and (phiCo°sumac'education tnformapon amount of.Federal,Stat supplant the under(ii)Specification of the conditions made-er education to funds otherwise e,and local which availabilityea i pain-home care the will be mad public within the Sntate and related of child care services the is emited(i-e,differences in a support ae7ener served b3'the Grantee programa withinen'rces and rates): v payment th hcem by the of . other Payment served by the G e tee)(or which-such (iii) such a icesral subdivisions a e cottons a ' t.ensi Proved ° ymnt rates-for-the h red.if r services and andctivcties are rcgsdre eotlacom Parents. ores•the child /cervices,in acoo danceiwi of are if such ethrservoes activities 'rtific t 'snd 1Ohcies P�actices access for eligiie-child sufficient nto-sure with tal service area:area able'thro • c?Bd,care «Shout the entire G• _other area served-by t)ta netwithin the parable Child 10. percent• Ptdvia for the reservation of 75 ' Comparable t • )•as required byState Cr subs C • . .in the overall' ¢98.33: to children wthos e a testae not dad .aeta. tBlocktro a pltion 04 Pareata are not the allocation o[and prioritization oL 1, EXHIBIT C I PAGE5OF19 j 9'71998 34418 Federal Register / Vol. 57, No. 150 / Tuesday, August 4. 1992 / Rules and Regulations such funds for such services and care. including a description of the substantial change in theprogram activities: single system for providing child care occurs.A Plan amendment must be (v) Any additional eligibility criteria pursuant to § 98.43(e)(2): submitted within 60 days of the effective or priority rules(with appropriate (13)A description of the registration definitions)establishedpursuant to pdate be approvedthe not.Plan amendments §98.20(b);and Drocess,including the timeframes within will later than the 90th which payment will be made,pursuant day following the date on which the (vi) Any eligibility criteria or priority to § 98.45; rules for the receipt of grants and amendment t is extend that unless a asi written contracts (14)If the Grantee does not permit the agreement to extend period has expenditure of State funds for child care been secured. (8) For activities to improve the services unless it is first verified that quality of child care and to increase the certain requirements are met(e.g..a (c)amApendmentl of disapprovalI)An pli a t on o,- availability of early childhood ioPlan teerendarenf (d)with applicant or development and before-and after- certification process),a description a Grantee dissatisfied a school care service's,pursuant to §98.51: the applicable process and timeframes: determination of the Assistant Secretary (i A description of such activities; (is)A description of activities that are pursuant to paragraphs (a)or(b)of this (i)A list of political subdivisions in planned to encourage public-private section with respect to any Plan or partnerships which promote business amendment may.within 60 days after which such activities are offered. if such rr.- a• ; u `sng child care needs. the date of receipt of notification of such activities are col available throughout the entire service area; pursuant to §98.71(b)(4); determination,file a petition with the (iii)Provision for the reservation of 25 used to establishuon the level of effort. if SY Assistant Secretary asking for percent of overall Block Grant funds for the Grantee chooses to use other than a reconsideration anon of the issueto f rms whether such purposes,together with a plan for level of government basis,pursuant to such Plan or amendment conforms to the allocation of.and prioritization of.such requirements for approval under the Act funds'for such services and activities: § (17)SuJ(1), and pertinent Federal regulations. (iv)Any additional eligibility criteria Such other information as (2) Within 30 days after receipt of or priority rules for children receiving specified by the Secretary:and. such petition. the Assistant Secretary such services established ursuant to (b)For Indian Tribes: P (1)The Plan shall notify the applicant or Grantee of and nclue the basis f 21(b) with appropriate definitions: Bete familyterligibility pursuant or the time and place at which the hearing to § 98 for the purpose of reconsidering such (v) A description of any eligibility issue will be held. criteria or priority rules for the receipt of (2)Tribal programs are not subject to (3)Such hearing shall be held not less grants and contracts,in addition to Paragraph(a)(6)(viii)and prioritization those in §9851(e](2): under paragraph(a)(8)(iii) of this than 30 days,nor more than 90 days. section. after the notification is furnished to the (9)A description of the sliding fee (3)Plans for those Tribes specified at applicant or Grantee,unless the scale(s)(including any factors other p Assistant Secretary and the applicant or than income and family size used in § not s bje.,Tribes with small grants) establishing the fee scale(s))that are not subject to the requirements in Grantee agree in writing on another provide(s)forcost sharingParagraphs sect(iv). (a)(e)(iii).and time. ld by the (a)(11)of this section unless the Tribe (4)Action pursuant to an initial families that receive child care services chooses to include such services,and. for which assistance is provided underdetermination by the Assistant the Block Grant for child care services therefore,the associated requirements. Secretary in paragraphs (a) under§9850 and§9851,pursuant to in its program. and(b)of this is section on that a Plan or §98.aL applicable; amendment is not approvable shall not 8.4 A if descriptionof the minimum §98.17 Period covered by plan' be stayed pending the reconsideration. (10)health and requirements,fthem ni (a)For States-and Territories.the but in the event that the Assistant applicableensafety all q o child care initial Plan must cover a period of three Secretary subsequently determines that ervices for assistance is years-and all subsequent Plans must the original decision was incorrect, the servidedfor whichr the s Grant,in cover a period of two years. Assistant Secretary shall certify 11 effect pursuant to §98.41;Block (b)For Indian Tribes. the initial Plan restitution forthwith in a lump sum of { ( A pursuant to § the care and any subsequent Plans must cover a any funds incorrectly withheld or certificate d payment of system(s),child,including period of two years. otherwise denied.The hearing the form or forms the child care (c)The lead agency must submit a procedures are described in part 99 of thetiorm o,nor of to§ child : new Plan prior to the expirationof the this chapter. (12)c)Paymenttime period specified In paragraphs(a) rates and a and(b)of this section,at such time as Subpart G--Ellgibetty for Services description of the methodology used to required by the Secretary in written f 98.29 A shads eligibility for area care establish such rates for reimbursement of child care service's pursuant to instructions. services. §9843;and if applicable, §98.18 Approval and disapproval of stare -(a)In order to be eligible for services (ii)Based on.a methodologically and plan amendments. •under§98.50,a child must sound system for determining market- (a)Plan approval.The Assistant (1)(i)Be under 13 years of age;or COsts: Secretary will approve a Plan that • (ii)At Grantee option,be under age 18(A)Justification of the Grantee's satisfies the requirements of the Act and (or 19,if the State so provides in its decision pot to provide for differences in this part.Plcdwill beapproved not definition of dependent child in its plan payment based on the setting.' . later than the Seth day following the' under-title IWA of the Social Security (categories,of care);age of the child or date on which the Plan submittal is Act)and be physically or mentally additional costs of providing care for received,unless,:written agreement to' incapable of caring for himself or • children with special need=or extend that period has been seared. herself,dr under court'supervisioa(B)Juitificatioaffor setting differential • (b)Plan amendments.Approved-Plans (2)Reside with a family whose rates(s)within.particular categories of must be amended whenever a. income does not exceed 75-percent of EXHIBIT C PAGE 6 OF 19 971938 u:es ana Regulations 34419 the State's median income for a (anvil the same size:and family care services under§ 98.50 must be (31(i)Reside with aoffered a choice: and registration requirements under of(as defined in §98 parent or parents (1)To enroll the child with an eligible § 98.45. Block Grant funds w' 2(aa))who are child care t 8 availablero e au Granteeof if State ire not be ducang or attends ojob (raining or contract(or theprov lion of suchoreducational program: as a grant or rules. procedures or other requirements workiP gra services.if such services are available. promulgated for (ii)Receive,or need to receive, g' purposes of the Block protective services and reside with a or Grant significantly restrict parental o services saa defined in (2)To receive a child care certificate choice by: parent or)other than the parent(s) as defined in §982(1). (1) Expressly or effectively excluding: described in Such choice must be offered any (') d r category of care .2r t section d paragraph(a)(3)(i)of this that child care services under time provider. aspe of pr in hin of Grantee option the made available to a a §98-50 arc §98.2:or requirements in paragraph(a)(2)of this b Wh P rent. teg Any type of provider within a section and in § 98.42 may be waived for child with a provider thatthas a grant the category of care:or families eligible for child care (2) Having the effect of limiting to this pursuant contract for the provision of child care parental access to or choice from among Paragraph.if determined to be services,the child will be enrolled with necessary on a case-b such categories of care or types of in consultation y-case basis by,or the provider selected by the parent to providers. as defined in §98.2:or with,an appropriate the maximum extent practicable. g a significant number of Protective services (3) Excluding gni (b)Pursuant to s 9 worker. (c)In cases to which a parent elects to providers in any category of care or of Grantee or other administering a use a child care certificate. such any type as defined in §98.2 dministering agency certificate: may establish eligibility conditions or (1)Will be issued directly to the §se.3 t Parental have i priority rules id addition to those P orited in this section andparent: Grantees must have in effect long as they do not: §98.44so (2)Must be of a value commensurate procedures to ensure that providers of (1)Discriminate against children on services provided under paragrapha child care child care services for which assistance a'iminate awith the a 1 is provided afford parents unlimited the e basis of race,national origin"ethnic , of this section: ( )( ) background,sex,religious affiliation,or (3)May be used for child care services access to normal hold r the and disability: providers caringt (2)Limit provided by a sectarian organization or during hours of provider under parental rights provided agency,including those that engage in inthe operationr and whenever the children are Subpart D'or religious activities,if those services are 'n the care of the provider. (3)Violate the provisions of this chosen bythe parent; section, §98.44,or the Plan In (9)Ma be expended by providers(or §98.32 Parental complaints. Particular,such conditions or priority any sectarian purpose or activity which Grantees must: rules may not be based on a parent's is part of the child care services. preference for a category (a)Maintain a record of substantiated of provider.In addition. of care or type including sectarian worship or parental complaints;and conditions orrula such additional instruction and (b)Make information regarding such May not be based on (5)Shall not be considered a grant or parental complaints available to the a parent's choice of a child care contract to a provider but shall be public on request. certificate. considered assist ance to the parent. §98.33§9t3..27 A child's eligibility for a (d)Child care certificate programs ^sumer education_ aR« t before-and under paragraph(a)(2)of this section Grantees must make available to must be in operation by October 1.1992. parents and the general publict consumere childhood(a)If a Grantee subsidizes, through care services. (e)Child care certificates must be education information about all parental grants or contracts under made available to any parents offered options including the options available childhood developments § 1,early services under§9850. through child care certificates,pursuant before-hild and alter-school eMces oL (1)(1)For servicesprovided under to §practices -school care services (f),and other policies and for an individual child the child must a9250°fcertificates under paragraph which relate to child care meet the eligibility conditions ( )( ) this section must permit parents services, including any applicable §8820(a) under to choose from a variety of child care licensing and regulatory categories.including: >S'requirements (b) may set additional din& and complaint procedures. conditions Grantees e' (i)Center-based child care; for or f bWty or priority Hiles (ii)Group home child care: r�-� Parental rights and .for children families receiving such ' (iii)Family child care:and r�wonslantnd funded under§9g51,so long as (iv)In-home child care as limited, Nothing part shall be any manner to each conditions do not violate the pursuant to 98.16 a ng under this provisions of§98.51(c)(2) or the Plan, Under each of the above categ•ories, construed responsibilitiesor applied then moral arentsnd legal and do not discriminate infringe on or usurp on the basis of ra against children care by a sectarian provider maynot be rights and of parents r ethnic ba °e.aatioaai origin, limited or excluded. legal guardians. °1�Ound,six religious (2)Grantees must affiliation,ordisabili regarding the Provide information ty- range of provider options . Subpart SrvI Program Operations(Child Strbpart under paragraph(�(1)of this`section Services)—State and Provider Care ar D - a Operations and including care by sectarian providers Requirements • Care Se y « • .. relatives:to families offered 5 se ao . . ., -services'tf8der§98.50. . and local regulatory y witty alstwcable State § e= Parentst chotee: (g)-With.iespect to State and local 1a1ort'"qutreinea s, (a)Till patentee or par-tits ofaa regidatOry requirements under lode! that)Graritees•must provide assurances child whdtecnva oils offered ble �4 alu2 safety regt+irem�m§ under�4 (1)Within the area served by the • . p Ymeat rates Grantee:all providers of.cluld care EXHIBIT C PAGE 7 OF 19 "s"'_ =sera, ;:iegister / Vol. 57, No. 150 / Tuesday, August 4, 1992 / Rules and Regulations services for which assistance is served by the Grantee, unless the provided under this part comply with Grantee has reviewed such law, i2)The additionalrildrcosts with of providingany licensing or regulatory requirements and policies between child care for children special requirements,as defined in§98_2(x). November 5,1987, and November 5. needs. applicable under State,local.and Tribal 1990.The findings of this review are to (c)h Payment rates under paragraph (a) law:and - of this section must be consistent with (2) Providers that are not re aired to be included ineither the first or second the safeguards for parental choice in q annual report pursuant to § 98.77(d), § g8.30 be licensed r regulated under State. (8). local.or Tribal law are to be (e)The requirements in paragraph (a) (d)Nothing in this section shall be registered,as described in§required t aj. of this section must apply to all construed to create a private right of with the prior to § a providers of child care services for action. with Granteer eer the t Block Grant. payment which assistance is provided under this (e) Upon petition to the Department be(ngI)This section does not prohibit a part• within the area served by the through the Plan demonstrating the need Grantee.except the relatives specified for an alternative rate schedule,and State from imposing more stringent in paragraph standards and licensing or re (gJ of this section. gulatorysubject to affirmative demonstration (I)Each Grantee shall assure that that the rate schedule will not result in requirements on child care providers of ' procedures are in effect to ensure that discriminatory payments to providers services for which assistance is rant than the child care providers of services for within categories of care,a Grantee may provided under the Block G osed on `etch assistance is provided under this set a payment rate schedule which standards or requirements im other child care providers. P part. within the area served by the includes variation in thepayment(2)Any such additional Grantee. retharate0 must be consistent with the�safeguardss comply with all a eticable `thin a category of not more than 10 State or local health and safety percent only if; for parental choice in §98-30(8) requirements described in paragraph (a) (1)Such variation is based on a §98.41 Health artd � of this section. methodologically sound system for (a) the sae specifically (8)For the purposes of this section. determining provider rates,as described states Although does re P the y the term child care providers does not in the Plan.pursuant to §98.16(a)(12)(ii): establishmentitdoesnoto any renquire oeaddit oral include grandparents. aunts.or uncles. and requirements if existi pursuant to§982(q)(2). (2)The Grantee is operating a child comply with the requirements of the 9 tee scales. §99.42 S7ldin care program which includes child care statute.each Grantee mustprovide funded under-title and itle IV—A of the Social (a)Grantees shall establish. and Security Act a the Block Grant as a assurances that there are in effect. periodically revise.by rule.a sliding fee single system.To be considered a single within the State(or other area served by scale(s)that provides for cost sharing by system for the purposes of this section.a the Grantee),under State.local or Tribal families that receive Block Grant child Grantee must operate with: law,requirements designed to protect care services under§§98.50 and 98.51. CO The same payment rates; the health and safety of children thao(t are (b)Sliding fee scale(s)shall be based (ii)The same sliding fee schedules, to applicable to child care on income and the size of the family end the extent permissible under applicable services for which assistance Is may be based on other factors as statutes and regulations;and provided under this part.Such appropriate_ requirements shall include selection The same mechanisms for ent to providers. (1)The prevention and.control of from families whose i(c)Grantees may ncomes are contributionsive t or including of certificate and program,pursuant infectious diseases(including immunization); below the poverty level fore family of to §98.30(a)(Z). (2)Building and physical premises the same size. (f)A Grantee may establish a safety:and (d)The Grantee may apply different payment schedule which does not (3)Minimum health and safety sliding fee scales to services under reflect differences in provider rates training appropriate to the-provider §§98.50 and 9aS1. based on the setting(categories of care), setting. age of the child or the additional costs of §98.43 Payment rates providing for children with special (b)Grantees may not set health andcare (a)The Grantee must assure that the needs,but only if such payment rate safety standards and requirements under paragraph(a)of this section that Payment rates for the provision of child schedule is based on a methodologically are inconsistent with-the parental.choice care under this part are sufficient are served to sound system for determining inthe provider safeguards in§98.30(g). ensure equal access,in the area rates,as described in the Plan.pursuant (c)If the Grantee reduces the level of by the Grantee.for eligible children to to §98.16(a)(12)(ii). standards applicable to any child level a comparable child care services provided services provided.in the State after to children whose parents are not §96.44.. Prt«ity for child care services. eligible to receive Block Grant November 5,1990.the Grantee must Grantees must give priority for assistance or child care assistance inform the Secretary of the rationale for services provided under¢98 50(a)(i)to: under any other Federal.State,or Tribal (a)Children of families with very low such reduction in its annual report pursuant to¢88 71(ej. Programs. family income(considering family size); (d)Not later than eighteen months (b)In-establishing payment rates, and after submission of its initial Grantees must take into account: Os) Children with special needs. Application in accordance with§98.13, (*Variations inthe cost of providing §sass Re3latratlon, each'Grantee.musf complete a full -. child care: review.of the:law.alglilicable tc,and the (i)Between different categories(Le-. (a)Grantees car sere that l�ingmequirements and.regulatory ' center-based, Providers of child care services for zequirenteata:mmd:polieies-ot.eaeh home);and group home,family.in- which assistance is provided under the hosing ageacY that regulates child (ii)To children of differentBlock Grant who are not licensed or . care services and programs tithe area and groups; regulated under State or local law for EXHIBIT C the purpose of providing child care are • PAGE80F19 371998 c1N-a «egister / VoL 57, No. ISO / Tuesday, August 4, 1992 / Rules and Regulations registered withGrantee 34421 re Grant. payment under the Block «98-47 f(ondlsedmhat on In employment the n baste of reaglon p Yrttertt described under paragraph (c) of this rece(b)Grantee registration (a)In general,except as provided in section:and (1)Should facilitate a Procedures: paragraph(b)of this section.nothingin (3)Administrative costs under this prompt Payment i appropriate and this part modifies or affects the section. providers described provision of any other applicable m Paragraph(a)of this section: (b)Child care services must he (2)Should (a)of s Grantee to Federal law and re Provided: furnish info discrimination in employmentbon relating to (1)To eligible children,as described including information on such providers basis of religion on the of health and the availabilityin §9bed; of he assistance,and safety training. technical assistancadthro care providers that receive describ(2) ed m¢sliding fee scale, as an informatione grantck s contracts regpe n�¢�eaPnd cable regulatory under on the basis olf religion, in (3)UsingBased on the$methods provided not • for in §98.30,and (3)Must allow providers to the employment of caregivers as defined ( on priorities in § g8,gq. with Grantee after selection byte Irt § 98.2(g)with the)of a (c)(1)e Activities designed to improve the a eligible children and before (2)If two.or more prospective the availability and quality of child care of parethi t(s)of described in en paragraph(a) employees are qualified for anyinclude but are not limited to the section is made. with a child care Provider, position activities specified in §98 51 (Cl Registration under the Block Grant employingh i of prohibit the this section (2). (b)(I)and .must be a s' Provider from which the simple.timely process through is alreadparticipatinga Prospective employee who (2)n pursuant to§ actaj(7)(i), the Grantee authorizes the Y activities on a regular Plan must specify the activities which provider to receive payment for child basis in other of the the Grantee will fund under this carecare services,' organization that owns or operates the Paragraph. sBO�the registration requirements provider: (d)(1)States must spend a process under (3)Paragraphs(a)It)and(2)of this Preponderance of the remaining funds and there registration of this section shall not apply to employees of underparagraph paragconsis aphent (a section must be child care providers if such employees jjof provide(a)of this section for with the safeguards for services.which they Parental choice in i 98.30(g)- were employed with the Paragraph(a)(IJ this section.They November 5.1990. Provider on should spend a minimum amount on I tre.(6 . Hood on the basis of h admtsstons (b)Notwithstanding paragraph(a)o f activities authorized under era (a)Child care this section-a sectarian organization (a)(2)and(a)(3). paragraphs Providers(other than may require that employees adhere to (d)(3)of thist as section.provided meet the graph family child care Providers.as defined such egrows tenets and teachings of throto §9es{r))that receive assistance Banizatioa and to odes UShBr'ants and forbid requirements of paragraph(d)(I)of this Block Cram shall not contracts under the c Notwithstanding the use of drugs or alcohol. section: admissionsmate in ( ) twiihstandingparagraph(b)of (e At least 9sistanpercent underof funds basis of religion- pursuant against any child on the this section.if 8(f percent or more of the reserved for assistance this operating budget of a child care provider section must be expended for services (b)Paragraph(a)of this section does comes from Federal and State funds, Pursuant to paragraph(a)(I)of this not prohibit a child care provider from including ( )( ) selecting children for child care slots mdermt a Block Grant indirectrect and assistance seCti°n and that are not funded direct! ssure that before L the Grantee must funds more than 10 percent of the grants or contracts to y(i.e..(re through Grant assistance is givefurther o Block Y be expended for activities as assistance providedproviders)with provider, of described in paragraphs(Der and(a)(3) Gant becauseunder the Block this section such children or their (1)The grantor contract (3)Upon tion.a Grantee may fly members Participate on a the assistance,or !'elating to its xannual petition to the Department in basis.ia other activities of the regular (2)The em to expe dean additionale five percent of the organization that owns or operates such provider specpfic�allent policies of the funds reserved for assistance under this provider. Y provide that no (c)Notwithstan person e °°withP°nsibilities in the section for activities as described in 03)of this this section.if 80(c)Notwithstanding orapt of)the d � of the child careate,on the ba esrogram will section paragraphs (the aantdication required meting budget of a child care prof th provider the employment of anyreligion' in pursuant to PP o including Federal or State funds, Caregiver;as defined individual as a 'demonstrates§9813,the Grantee ding direct or indi Ste tof in§982(g), c that the expenditures for . under the Block Grant the G assistance part F—Use of Bf operation of the certificate program and assure that before anyGrantee must Sub odcGrant Funds related consumer education,as required Grant assistance is further Block ¢9850 Child care serv(ces part'equal or exceed 10 percent provider, give to the (a)After ter of the loads available under this section. (1)The grant or contract redo to amount provided under tpercent or the he Block Grant § Activities to Improve the quaky of the assistance or �8 for each fir year for the activities easty and to eyeeese nt cog availability of ta- (2)The policies of spec be expended ified in .the ainfng funds before achcoi re seMc one • • provider. YProvies of the no priori � P8lly provide that (1)Childcare services which are rc)percent of the entee shallt p reserve 25 Z )nth.oractivit pin the , provisioXI:aidens in of paragraph with of this o the Block Grant amount fiscal year eardfor the'bationnf the of ' d' �m2te.on ' proviti the activities Y child: reitgton bailie admission of specified in this section.(2)Activities to improve the (b)'Fach.Grantee receiving funds to any availability and quality Cif child care,as usoe erate a Program under this part shall usE not less them ,• EXFIIBIT C PAGE 9 OF 19 9'71398 j i uses anc. Regulations (1) 18.75 percent of the total amount of Elementary and Secondary.Education (iii)Establishing and operating a a fiscal year's Block Grant funds to Act of 1965:and establish or expand and conduct certificate program; establish the provisionxpan (ii)Then give priority to any other (iv)Providing contracts: grants or areas with concentrations of overt local officials and and any areas with verypoverty. citizensorawith informationgte conduct about the (i) Early childhood development low population densities highor very hearings: including the of public programs, operated in accordance with Early development hearinge; the provisions of paragraph(d)of this rog) childhood r this (p) Preparing the Grantee's section: programs funded undertliie section: Application and Plan; (ii) Before-and after-school child care (1)Must consist of services that are (vi)Developing systems. including programf, t in with intended to provide an environment that automated information management the provisions ope operatedof accordancecph of thisw enhances the educational,social cultural,emotional,and recreational systems; section:or full)Developing (iii)Both;and development of children;and agreements with administering agencies in order to carry Five percent of the total amount of (2)Are not intended to serve as a out program activities: a (2)cal year'sp Grant fundsonu one substitute for compulsory academic or fiscal of Blockoo programs. compliance Monitoring program activities for improve the theq following o caacctivities to (e)Before-and after-school programs �g program requirements; (i)Operating funded under this section: (ix)Prepants related reports and other directly or providingMust d submission related a taiy-the.program for financial assistance to organizations Friday,includinge s provided Monday through eubada aint toithe substantiated (including private non-profit school holidays and (x)Maintaining substantiated organizations,public organizations,and holidays,periods o��legal public complaintfiles in accordance with the units of general purpose local holidays,to children attendingoga early requirements ofat§g9822:the government)for the development, childhood development programs, (xJ)Coordinating the provision of establishment.expansion,operation, secondkindergary or elementary or Block Grant services with other Federal, and coordination of resource and ary school classes during such State,and local child care,early referral programs times of the day and on such days that rhitdhood development programs,and child care; specifically related to inthe session; instructional services are not hefot's-and after-school care programs; Making grants or providing loans (xii)Coordinating the resolution of to child skin i s to assist ft (2)An not intended to extend or audit and monitoringfin toproviderscchild is meeting applicable suStch replace the regular academic program. r e' local.and in meeting eechild (f)Administrative costs associated (xiii)(it Managing program results:persons and care standards, with activities funded under arc with re Managing or described escri eng including applicable health and safety (a),(b)(1),and paragraphs w a responsibilities(b)ilitiea hrougb(xiii)in requirements,pursuant to§§98.40 and to be included with amountsexpe are paragraphs(b)(lJ(i)through of this 98.41; - expended section; (iii)Improving the Monitoring of for program activities in determining (2)Travel costs incurred for official compliance with,and enforcement of, whether Granteeahave met the applicableng requirements of those business in Administrative outr the program; State,local„aadTribal respective (3)serviceissacc accounting services, requirements pursuant to§§,g6,40 and paragraphs. such services as a tees or a services,98.41; (g)Pursuant to§9ti16(a)(8)(i),the performed by Grantees or subgrarntees (iv)provi plan must specify the activities which or under agreements with third parties; ding training and technical the Grantee will fund under this section. (4)Audit services as required at • assistance in areas apprbprisfe to the provision of child care services,such as §9852 Administrative acttrttlsa. §98_65: training in health and safety,nutrition. (a)Block Grantfunds may be used for (5)Other costs for goods and services first aid. the recognition of administrative activities,as limited by progr m for the administration or pu ofci the communicable diseases,child abuse §98.50(d). Program including rental atai or purchase of detection and prevention,and care of (b)As part.of its Application,as equipment utilities.and office supplies; children special needs:and and (v) with and other provided in§ imatea)(6),a Grantee must (6)Indirect costs as determined by an compensation Improving salariesa provide an estimate of total funds that indirect cost agreement cos fpe- Part-time sty ho nefits) wiby l be used the foratdd mud subve activities pursuant uru or cost childfull-care and servicesart-tfor which assistance duringallocation plantp son to§98.55. • �ranteea (c)Expenditures any is provided under this part a the program period.A listof all administrative activities related to the An additional one sad on administrative activitieson which the services under§98.50 are subject to the percent of the total funds received hinder with thte is e estimate.These acctivities may requirements and limitation togetheroger the Block Grant may be-used at the include but an not limited to: paragraph(d)of§for quality and discretion of the Grantee for any of the (1)Salaries and related costs of the with expenditures for and purposes allowed in paragraph(b)(1)or. staff of the lead-agency.or.other avai]ability,must aotrxceed the(b)(z)of this section eades engaged in the a limitation under*§9850(d)(2. except as(c)For-programs described inneat dprogr ratios provided §9850(d)(3). Paragraph and implementation of the program (b)(1)of this.section, pursuant to-§98.11. F Grantees must: ProS'am §98.57 Supptementatlon (1)Provide fin administration and implementation (a)Grantees must provide assurances .' co(1)Provide dingthroagh•grants and lncludes.the following types Of that funds received tmderthe'BloCk,activities: • - Grant will be used ankle supplement. .G (2)(i).Give Highest priority to . -(4 geographic areaa'.within the area served -care services ning eligibility for child not supplant the amoeafofFederal, by:the Grantee Satan eligible to Slate,and local fu ids otirerw it . - : :d receive (a)PJanmag,depdoping,.'and 'expended forthe support Sraats under Seelion1o06 of the desigming,the Block Grant programs services and related rograma. d EXHIBIT C PAGE 10 OF 19 ': 971998 ..aces,, Register / Vol. 57, No. ISO / Tuesday, August 4. 1392 / Rules and Regulations(b)The Grantee must determine g4623 separate tots(amounts ofFederal.State, section. ha _ and local funds expendedparagraphs @) through(d)of thisspecifically required q by these for such (2)Funds must be expended in agreements,are these services during an initial baseperiod plans and defined in (as accordance with applicableagreements subject to review paragraph(b)(1)of this local laws.except as supersedtedeby and Subpart G—flnandal Management section)and during subsequent periods 1 98.3. for child care services and related Pro$rams.The Grantee must (b)Construction. (1) For State and 3 98.6c Availability of tunas the amounts funding assure that local agencies end nonsectarian from moue otherd"g for such services agencies or organizations• no hinds shall apportionment(a) n accor of hi dsh the subsequent sources for each be expended for the ofMang and funds from n the subject Period are maintained at improvement of land or then to Management approp and s s. the least at the levels of effort established purchase.construction, for the base period. to the availability of appropriations. the improvement of any building or facility.tSecretary. (1)The base period will be a twelve- However,funds may be expended for (1)May percent nomore fundns one month period(e.g.,the State fiscal year), minor remodeling, quarter of oner year the made which includes the month one year •end for re thupgat rig provision of technicala cl assistance s sta tce to the first month for which th • Prior child rarefaeilitiea to assure that toA the fiat fon hr funds tial provis care idsters meet State facle and local child (2)Provision awe mai ni nCBlend Appli Subsequent Block periods Grant are each healthe and safety requirements.d1ng applicable an Will award the Grantees that have Block an made.SubsetY Granted Application to and Pl an twel di Period following the (2)For sectarian agencies or approved Plan. period-Grantees may organizations, the prohibitions in (ui The Block Grant program does not establish base periods and associated Paragraph(b)(1)of this section apply: levels of effort on: require State or local match. (i) level ofeffort ova however,funds may be expended for (c)The Secretaryand may makepa Fe de Ail State andg local);government basis(e.g., minor remodeling only If necessary toYmry re 1n installments. In advance or by lip)A program-by-programr rig the facility into compliance with way of reimbursement with necessary Nil An alternative basis:or the health and safety requirements adjustments due to overpayments for fiscal accountability.basis that provides established pursuant to f t78.41. underpayments.and alGrantees or (2)Should a Grantee choose to (c) Tbition.Funds for dents may olledein grades (d)(1)Statee their allotments ar in the es establish bail expendedmust obligate a basis other than ao evelels ofgo effort e ant 1 � service provided to auch (I)Anyfiscal year in which funds are a warded basis•that basis will level students d or in the succeeding ions year. Plan. reflected in the acing the regular school day, the su eeding obligations as mustcal year the end of Pursuant to ¢98.18(a)(18). (2)Any service for which suchof(3)For.purposea of this section, students receive academic credit toward liquidatedawithinsone year.Except for tion. care services and n child those related programs are graduation:or care servicesand programs which are (3)Any instructional services which detenninalionparagraph (ofwhather 2)of this cfunds have included by the Grantee for funding supplant or duplicate the academic been obligated and liquidated will be program of any public or private school. under its Block Grant Plan. based on: ('1) established for base (d)Sectarian Purposes andActivities. (()State or local law;or. period4)Amountsill be established included inf the theel Funds provided under grants or Application,or first subsequent contracts to providers may not be local awl If there applicable State or Application Pursuant to §98.13 a 8 i: expended for any sectarian regulation at 45 CFR 92.3. amounts ex O( )O activity,including Purpose or Obligations Obligations and Outlays(expenditures). expended toI subsequent ding sectarianworship or (2)Obligations may include aubgranis periods will be included in subsequent instruction•pursuant to f Application's.o pursuant to assistance provided to or u contracts which requireate to the e {98.13(a)(8)(ii)- certificates is not aparents through P Yment u8 of funds From the Grantee a third grant or contract partyHow (e (5) must amend the amounts Funds provided through child care r. ae following olio in or are contractor). de(5)Granteesermined is paragraph(d)hetim certificates may beHowever,the dlparty not section,when necessary to reflect more sectarian expended for, considered third party subgrantees or section. program Purposes or worship or data or gram changes. Including sectarian worship or contractors: (8)Redvetioiia in Federalinstruction when provided as part of the (i A.local office of the lead agency: programs.m°luded.in the basenp o for child care services. (ii)Another entity at the same level of computation ud be takeninto (e)Block Grant funds may not be used government as the lead agency;or Consideration in net as the non-Federal share for other (iii)A local office of another entity at Grantee has met thise requirement. Forr a Federal grant progrxmt, the same level of government as the lead Tribal Grantees reductions in State f a955 Cost allocation. agency. t. funding will a similarly considered. (3)dFor child purposes services the Blockr BiGrded Information.regarding the nature.extent, keep on file cost allocationsc��tl must funds for child care provided • and basis for the iedtrcfioa.Must.be tadired cost agreements.a plans or through.a child care certificate will be included fa'theGaintee•a Application.. which have be amen ed to include sub grantee considered obligated when a Grantee or ting purauanito§.9&13(a)(8)(tii)i grantee issues to aa family costs allocated to the Block Grant. a child care certificate that indicates: I Ca bi Via.on the use of thrice (b)Subgrantees that do not already (i)The amount of fuadi that will be (a)Gee :(1)B1ock'Giasefunds have a negotiated t rho ct rate with the an d to a child care may mac expended far anyFederal government sboulaprepaza and and provider or fatally. not atrlhorize i is these activity keep on file cost alloeatiau plans or . does not meet the dditiiens,or indirect most agreements,as a' (th The npedti. length ofs. time d to the whichdioes (a) PPropriate. by the Certificate.established e. rredetermination id ielimited the and liniltatiorrain ' Ar India of ost cost merits s date tuna's ei for adut must e no of Pans or Indirect cost agreements is not the family's eligibflity,but must be no EXHIBIT C PAGE 11 OF 19 9'71998 34424 Federal Register /.VoL 57,No. 150 / Tuesday, August 4. 1992 / Rules and Regulations later than the end of the liquidation (li)If State or local laws or procedures which satisfactory data are available at period. (4)Any funds not obligated during the do not permit such use,be returned to the time such determination is made: the Federal government or and obligation period specified In paragraph (3)If received by the Grantee or (dill)of this section will revert to the subgrantee after the liquidation period (8)) Determined d every two years. Federal government.Any funds not - specified in paragraph(dill)of this pursuant capitaa income( determined liquidated by the end of the liquidation section: Pursuant to paragraph applied (ii)(A) of period specified in paragraph (d)ll)of this section•will be in this section will also revert to the (')Be used for activities specified in establishing the allotment for the fiscal Federal government. the Grantee's approved Plan if State or year for which it is determined and for (e)Tribal Grantees are not subject to local laws or procedures permit such the following fiscal year. the requirements inparagraphuse;or (C)If the Allotment Proportion factor section.Such Grantees ustt obligate( �s do nJIIf State or local laws or procedures determined at paragraph(a)(1)(ii)of this and liquidate their allotments bythe end permit such use,be returned to section: of the second fiscal the Federalgoverlment:or year following the (l)Repayment of loans made by (p I)Exceeds factor then theT Allotment fiscal year for which the grant is Grantees and a be consideredside be the or Territory shall awarded.Any funds that remain ubgraateea,pursuant to be to 1.2;or unirqutdated by the end of such period § 104(2(II)'may be made in cash or (2)1s less than 0-8, then the Allotment will revert to the government in services providedin-kind.Payment Proportion factor of the Territory shall (t)Cash advances the Federal to Grntees or b provided fin-load must be-based on fair be considered to be Oa Grantees to su contractors market value All loess must be hilly (2)The formula used in calculating a oo the minimum amounts repaid needed and shall be timed to be in Territory's allotment Is as follows: shall be limited t Q)Grantees must recover child care CO paymaccord with the actuaL immediate cash These which are the result of fraud. requirements of the Grantee,subgrantee, These paymentssmust-be recovered from or contractor inthe part(iea)responsible for committingYCF,xAPF, amount reserved for of the programcanying out the purpose the fraud Territories at in accordance with 31 x CFR part Zf 5. I(YCF,xAPFd paragraph(a) of h s §98.e t Allotments for States. section. (g)ll)Block Grant funds are available (a)An amount equal to the funds • for use by the Grantee only after the appropriated for the Black Grant.less (ii)For purposes of the formula • funds are made available y'Congress amounts reserved for technical specified at paragraph j for Federal obligation unless: P agraph(a)(2)(i)of this (I)Costs are incurred forassistance and amounts reserved for the section. the term Child"means the ! planning Territories and Tribes:pursuant o Territory's Young factor as activities related to the submission of an §§9880(a)and 88.82(a)and(b).shall be defined at paragraph(a)(1)(i)of this initial Block Grant Application and Plan allotted to States.For purposes of this section. and (iii Theplanning section and§9883:the term—State" (iii)For purposes of the formula activities occur after Mean/the 50 States.°the District of specified atparagraph a 2 t of this • i November S,1890. ( )( )(i) (2)Federal obligation•of funds for Columbia;and the Commonwealth of section.the term"APF,"means the coats•pursuant to paragraph 'Puerto Rico. Territory's Allotment Proportion factor ( n)planning this s.putis subjectt top to the (b)funds white allotted to States as defined at-paragraph (a)(i)(ii)of this I actual of thssectionof the a based upon the formula:spedfied in section. availability appropriator'. section 1 (h)Funds that are returned to fib)of the Act (b)An amount up to three percent of Grantees and subgranteea(e.g.,loan ¢Ya.62 M,.b.,,,.,ts for Territories and the amount appropriated for the Block funds deobigated by Tribes, repayments, Grant shall be reserved for Indian cancellation of a child care certificate. Tribes and Tribal organizations. unused subgrantee ofa funds)as well as (a)An amount up to.oae-half of one (1)Except as specified in paragraph i program income(e.g,contributions percent of the at shall .ajr reserved led for (b)(2)of this section,grants to individual -the Block Grant shall be reserve for the Tribal Grantees will be equal to the sum 1 made by families directly to the Grantee U.S.Territories of Guam.American of: or subgrantee for the cost ofcare where Samoa,the. the Grantee or subgrantee has made-a •States,the Virgin �of-the United United Sec etA base amount as set by the full payment tothe.chfldcareprovider) Northern Mariana Islands,and the Trustand shalt: - • • • , Terris (ii)un edage 13(amount per Indian (1)1f received by-the Grantee or. ; Territory of the Pacific all Islands(Palau). child underage 13(or such sinuler age subgrantee d (Iftddes'ahafi be allotted to• t as determined:b :the Semet from the specified in paragraph obligation-period) °a ' f pries based Upon the-following • best available data).-Which is• ' section.be used-for activities specified: : : .(i)A:Y �C l d'fatt; t � a: • fundsadnedbydless ag the amount id in the Grantee's approved Plan and most 'the number of children in,t Terri Tereratio ritory for eligibds le 3libese pursuant to aside be obligated by the endof the.obhgation. `underfive yearsofege to the number.of• paragraph(b)(1)(i)of this'section,by the peri°di or • such.childreh Irt AB:T . (2)of received bythe Grantee-or- triiorles;and: :number Of ell bal reservations rvAhons a living on seed e paragraph t the liquidation period t.de iltermiaed:by'diavidfug ih poei•pits. appropriate area.ser led y the Tribal section 'income of all'lndlvidaiti in all the: • •Gramm'pursuant to•* . ctiem:nsed foe : - . . ' • Teattories.by disci*kaireta income of .(i)Craata ld IYibes idt'tfi eawac than the Grantee a a pecified in ' trill lndiy(duals in the-Tetaory . 50 hares children which'a . pproved:Plaa ff State or : .: : (A)PQ capita IacQaie shall be:'.. 1'p-. ' ' ' . . -localuaws or procedures permit such : 108 coaso1).tee tuartsht o • . . use:These funds masf baezpended ` rc pits to the slot the of the'annual . (1)A'jb)(1ichi o lire h s the bum of .the end of the ll uidatidd Y • period.b a incomes foe the mast recent .' . f i) ant t hpa ag he b(aeIM/Of'dill '4 peribd;�or. �: .:.._p�odofthree�coasEtiytive�yearafor..- . :.purauaattd h� 1 ofthL Para&'gP (b)(XD EXHIBIT C PAGE 12 OF 19 971998 :.:_'-.._. .: _s- -.. , i-o... .s7, `o. 16.0 / Tuesday, August 4. 1992 / Rules and Regulations 34425 section,that bears the same ratio as the (i)The Secretary will determine that accordance with these statutory or number of Indian children in the Tribe State does not have any funds available re lato living on or near the reservation.or for reallotment or gu ch Provisions,or with theplan_ other appropriate area served by the a and which are subse uentl llowed u (ill In the rase of a report received by the Department shall be r paid to the Tribal Grantee, does to So-and pursuant to § 98.80(e), after April tat any funds reported to be Federal government,or the Secretary available for res(ii)An additional amount per Indian the Federal government otrnent shall revert to will offset such amounts against any child.pursuant to paragraph(b)(1)(ii)of (b)States receiving reallot ted funds Grantee Bl issk or Grant be en to which the this section_ must obligate and expend these funds in eemay be entitled. (3)Tribal consortia will receive grants accordance with §98.60.The (e) Grantees must provide access to that are equal to the sum of the reallotment of funds does not extend the appropriate books, documents. papers individual grants of their members- obligation period or the programvnd records o allow Grant the funds have to b (c)All funds reserved for Territorial for expenditure period verify that Block have been Grantees at paragraph Pe acre ofsuch funds. expended in accordance with the P agtaph(a)of this section ¢ye-64 Financial repornn8 statutory and regulatory requirements of will be allotted to Territorial Grantees, and all funds reserved for Tribal - (a)Beginning 80 days after the end of the program,and with the plan. fiscal year 149E and within 90 days after will be allotted to Tribal Grantees.Any the end of each succeeding fiscal year, §sa68 Dtsattosrance procedures Grantees at paragraph(b)of this section all Grantees must submit to the such funds that are returned after they (a)Any expenditures not made in have been allotted will revert to the Qetary a Standard Form 269 or 2ggA, accordance with the Act the Se Federal government. . Financial Status Report, to report the implementing regulations,or the IFed ReaBonaent status of each fiscal year's grant Final Grantee's approved Plan-will be subject reports for a fiscal year will be due after to disallowance. (a)Any portion of a State's allotment the end of the program period (b) If the Department,as the result of• that is not (b)The Secretary required to catty out its Plan, ry reserves the right to an audit or a review,finds that in the period for which the allotment is require fcanmal reports leas frequently expenditures by a Grantee should be than •specified in paragraph(a)of this disallowed the Department will notify made available,shall be reallotted to other State Grantees in proportion to the section. the Grantee of this decision in writing. original allotments-For purposes of this (c)If a Grantee or subgrantee earns (rill)If the Grantee agrees with the section and§99.61,the term-State" program income(e.g..contributions .. means the 50 States,.the District of made by families directly to the Grantee finding that amounts were not expended Columbia.-and the Commonwealthor subgrantee for the cost of care, m accordance with the Act.these Puerto Rico, of regulations-or the Plain the Grantee Reallotment not apply pursuant to¢98.42(a)), this income must shall fulfill the provisions of the to Territorial a Tribal nta doesnot and be reported toT Territorial and (d)Funds returned to a Grantee or disallowanceunts improperly perly and repay any reaaott d Tribal funtees may not aubgrantee,pursuant to ¢98.6o(h),shall amounts improperly expended:or (receivere the State shall report to be reported as follows: (2)The Grantee may appeal the the SecretaryEachyear;either the dollar amount (I)If the funds are returned before the finding: • from the previotta years close of the period covered by the (r)By requesting reconsideration from will be unable to obligate by theead of financial report,they should be included the Assistant Secretary.pursuant to the obligation period or that all funds as a net adjustment to total paragraph(I)of this section:or will be obligated durior shah time.dch expenditures in the report:or (ii)By following the procedure in wpobli beat podtmarke by April u1sh 12)If he funds are returned after paragraph(d)of this section. submission of the final financial report (d)A Grantee may appeal the (2)Based upon the reallotment reports they should be reported on a revised disallowance decision to the submitted by States,the Secretary will report for the same period and be reallot Block Grant funds. included as a net adjustment to total Departments!Appeals Board in (i)If the total amount available for expenditures. s Ce)Thece with 45 may appeal part 16. reallotment is S25.000.or more,funds (al Grantee a will be reallotted to States in proportion ¢98.65 Audtfs disallowance of costs that the to each State's allotment for the (a)Each Grantee must have an audit Department has determined to be applicable fiscal year's funds,pursuant conducted after the'close of each unallowable appeal the an award.A Grantee to f a'�(h)• _' program period in accordance with may not the determination of (ii)If the amount available.far OMB Circular A-128. award amounts or disposition of reallotmeat is less thaa57S.000,the (b)Grantees are responsible for unobligated balances. Secretary will not eal)ot aay,Eunds,and ensuring that subgrantees are audited in 1f)The Grantee's request for sucli.fimds wilnot eit.fo lheFedetal . accordance with appropriate audit reconsideration in paragraph(c)(2](iJ of gogert?ment ' . requirements. • this section must be postmarked no later Milian indiyiduai:realldtment award. (c)Not later than 30 days after the than 30 days after the receipt of the to a Stile is less 1haa�,5pq thaSea.e completion.of the audit;Grantees must disallowance notice.A Grantee may tow auot.issue the award,ands difui submit a copyof their audit report to the request an extension within the 30-day will reverFlo the;Federal govem,meat;: legislature of theState or,ifxpp(icable, timeframe.The request for. Civil-fa:Stiledoes nat,accept tsshare to the Triba!'Co ofs):Graair dit ten sr' - reconsideretion,pursuant to paragraph of the teajlotted fiitess.gds,thoge; yds (j;_. to eubmSt copy or C etxerel for Audit' ( )Y2P(II.of this section.need not follow anresrn-bed farm ..but itsl+nit contain:. be (ebiened e.theLee $otyu eIIh'" Services,as well as to their coga¢adt' (1)'The.amount-dithe disallowance; re(3).ff ant ' agency,if applicable. • •.. :. • (2)The Grantee's reasonifor:.. ' re reportiby4he deadlinefor: (d)Any amdtmte determined through • ' believing-that the drsidlbwance•was porjaubmrttaL either- - . an audit notto have been ekpevdedin Improper,land .. EXHIBIT C PAGE 13 OF 19 • 971998 - >>. .-,e%s,er i ro... 57, :No. 150 / Tuesday, August 4. 1992 / Rules and Regulations (3)A copy of the disallowance through September 30,1992. and shall be carry out programs for thepurpose decision Issued pursuant to paragraph submitted no later than December 31. incre sing the vailabilit ordaof (b)of this section. 1992. y.affordability. (g)(1) Upon receipt of a request for (c) and quality of child care and childhood reconsideration,pursuant to paragraph shall include heinformat orts to the n Secretary in following conditions: s subject to the (c)(2)(i) of this section. the Assistant § 98.71. Secretary or the Assistant Secretary's le An Indian Tribe applying for or designee will inform the Grantee that §98.71 Content of report receiving Block Grant funds shall be the request is under review. At a minimum a Grantee's report to subject to all the requirements under (2)The Assistant Secretary or the the Secretary,as required in ¢ 98.70. this part unless otherwise indite tact. designee will review any material shall: le Indian Tribe applying for or submitted by the Grantee and any other (a)Specify the uses for which the recei Anving Block Grant funds must: necessary materials. Grantee expended funds under¢§ 98.50 (1)Have at least 50 children under 13 (3)If the reconsideration decision is through 98.52 and the amount of funds years of age (or such similar age.as adverse to the Grantee's position,the expended forauch uses,pursuant to determined by the Secretary from the response will Include a notification of ¢ 99.13(a)(8));and best available data)in order to be the Grantee's right to appeal to the (b)To the extent data are reasonably eligible to operate a Block Grant Departmental Appeals Board pursuant available.contain available data on the Program.This limitation does not to paragraph(d)of this section. manner in which the child care needs of preclude an Indian Tribe with fewer (h) If a Grantee refuses to repay families In the area served by the than SO pa children under 13 years of age amounts after a final decision has been Grantee are being fulfilled.including from participating in a consortium which made,the amounts will be offset against information concerting•.' receives Block Grant funds:and future payments to the Grantee. 0)The number of children being (2)Demonstrate that it has the ability (i)The appeals process in this section assisted with funds provided under the (including skills.personnel. resources. is not applicable if the disallowance is Block Grant,and under other Federal community support and other necessary part of a compliance review pursuant to child care and pre-school programs; components) to satisfactorily carry out ¢98.91(b),the findings of which have (2)The type and number of child care the program. been appealed by the Grantee. programs,child care providers, (c)A consortium representing more (j)Disallowances under the Block caregivers,and support personnel than one Indian Tribe may be eligible to Grant program are subject to interest located in the area served by the receive Block Grant funds on behalf of a regulations at 45 CFR part 30.Interest Grantee; particular Tribe if: will begin to accrue from the date of (3)Salaries and,other compensation (1)The consortium adequately notification. paid to.full,and part-time staff who demonstrates that each participating ¢sg_a7 �requirem �� provide child care services;and Tribe authorizes the consortium to (4)Activities to encourage public- receive Block Grant funds on behalf of (a)Grantees must expend and account private partnerships that promote each Tribe or Tribal organization in the for Block Grant funds in accordance business involvement in meeting child consortium:and with their own laws and procedures for care needs: expending and accounting for their own (2)The consortium consists of Tribes ids. (c)Describe the extent to which the which each meet the eligibility affordability and availability of child requirements for the Block Grant (b)Unless otherwise specified in this care services has increased; part contracts which entail the otherwise as sined in this part or which expenditure of Block Grant funds shall (dJ If applseccond, nndesaibe,or either wouldr ms the Tribe i tee r Trib alty comply with the laws and fine fuss o f the Gr annualeview the orgy i izment is le or Tribal proceduresfindings of the gulator a review of its under organization 13 ou had at least 50 children generally applicable to expenditures by licensing and regulatory requirements under 13 years of age;and the contracting agency of its own funds. and policies.pursuant to ¢98.41(d).(c)Fiscal control and accounting (3)m Aller the participatinggeographic consortium including a description of actions taken members are in proximity to t procedures must be sufficient to permit: by the Grantee in response to such f (1)preparation of reports required reviews; one another(including operation in a under¢98.84 and under subpart H:and (e) multi-State area)or have an existing i . (2)the tracing of funds to a level of Comm'if applicable:an consortium arrangement and expenditure adequate to establish that explanation of any Grantee action which reduces'the level of childrare (4)The consortium demonstrates that such funds have not been used in standards,as it has the managerial technical and violators of the provisions of thispart. regained ¢9841(he administratve.staff with the ability to (f)Describe the_atandaids'and health administer government funds properly. Subpart H--Program Reporting and safety requirements applicable to manage a Block Grant program and Requirementschild care providers in the State or other area served by the Grantee,Including a comply with p the provisions of the Act ¢98-70 Annual report requirement description of Grantee efforts.to and of this art. (a)• Grantees that receive assistance improve the quality of child care;and The awarding of a grant under this under the Block Grant shall prepare (g)Any.additonaf information:that section shall not affect the eligibility of and he Secret shall. any ice Indian child to receive Block Grant submft.to the Secretary an annual �Y req services provided by the State or States i . report The report will be submitted in Subpart I—Indian Tribes' in which the Indian Tribe is located. the manner specified by.the Secretary by December•31 and will cover the•most 49990 Generai procedures and (e)For purposes of the Block Grant. recent Program period which eaded:on re emanta,. he'd eerminatiori of the number of September 30 of that year. An Indian Tribeor Tribal o anlzation pachragraph h the Tote,pursuant to (b).The first.surh report shall be an '$ paragraph iian c of then secton.will interim report'coveringexpenditures may defined r e • rantts toa pland and include ions: the pti on or near Pt turea maybe awarded�grents and reservations:with the exception of EXHIBIT C PAGE 14 OF 19 971998 _,,., , . _.. u,, ,‘“q- ,-�c. i ,.uescay, August 4. 1992 / Rules and!Regulations 34427 Tribes in Alaska.California and Oklahoma. for child care services at paragraph (g) with one or more provisions of the Act (f) In determining of this section.The base amount may be or implementing regulations, the services etermint to §eligibility fora expended for any costs consistent with Secrets ry will issue a Tribal program maythe purposes and requirements of the to the Grantee of possible non- Tribal notice P 8 use either. Block Grant. (1)75 percent of the State median compliance.The Secretary shall income for a family of the same size;or (f)Tribal Grantees whose total allotment pursuant to §98.62 b is less conider comments received suchoo longere (2) 75 percent of the median income ( ) Grantee within 60 days for a family of the same size residingin than an amount established by theas Y (or the area served bySecretary which approximates the least hetGrrant a and the Secretary).may be upon between the Tribal Grantee. amount which could be allotted to any (c)Pursuant to an investigation §98.81 Application and plan. individual State or Territory (a)In to receive Block Grant §§98.61(a)and 98.62(a)shall notsbent to conducted Granteee paragraph make of this funds. order Tribessubject to the followingsection, a appropriate boo shall n(as defined of requirements: manualin book ors,and records,papers. ¢982(u))must submit an Application (1)The assurance at§98.15(b); (as defined at (2)The requirement for certificates at manuals,to tthe Secre,a an §98.13)which provides § 98.30(a)and f 98.30(e), available to the Secretary.ry,or any duly (1): The applicant (3)The requirements for allocation of authorized examination representatives,orcopcopying for will coordinate to funds at § 98.50(a)and(d):and px mires of the appropr ont or off the the maximum extent feasible,with the (4)The requirements for allocation of lead agency(ies)in the State(s)in whichPremises appropriate entity, the applicant will.ca funds at §98.51(a)and(b) including reasonable equ and contractors, activities�aout Block Grant (g)Tribal Grantees described in upon request. programs I orcact of an applicant located paragraph(f)of this section must (d)(al Grantees and ecords,as(2 must in a)State other Alas reserve at least 8375 percent of that retain alld paragraphrapt records,this iorn a State thanac Grantt Caliifo and a. portion of their total per-child amount. specified inrecod (c)Grantees section. or Okla s will Bl ck G a out og aas allotted pursuant to§98.82(b)(1)(ii) end any other records of neededtoand activities reservation be for the benefitt onan of for Tribes or§98.82(b)(2)(ii)for subgrantees which are needed to Indian children. consortia,for direct child care services substantiate compliance with Block (b)The initial Application under as defined at §9820).The services are Grant requirements, for the period of paragraph(a)of this section must to be provided to: time specified in paragraph (e)of this include a Plan which meets the (1)Eligible children,as described in section. Provisions of this part and shall be for a § (2)Grantees and subgrantees must two-year period,pursuant to §98.17 (2) Using a4liding fee scale,as 98_20;and provide through an appropriate lilt described ill 98.41 provision in their contracts that their ¢98.82 Coordination_ (h)Tribal Grantees described in contractors will retain and permit applicants will coordinate: paragraph(f)of this section may use the access to any books, documents.papers. Tribal)To the applicants extent feasible,. remaining 3825 percent of that portion and records of the contractor which are with(a the the agency in the nStatefea i of their total per-child amount as directly pertinent to that specific ursuant States in which the appficant eBlockG ntprogram andwillcam/ Tarbesootted r§882(b)(2)(iii))�%olnsortia.)(iii for cafe) asp of retention period. (1) (b)With other Federal.State.local. forchild care services or for activities to Except provided in paragraph(e)(2) • and Tribal child care and childhood. improve the availability and quality of °f thus section,records specified in development programs. - child care and for administrative costs. paragraph(c)of this section must be retained for three years from the day the Such services,activities and costs must §98.83 Requirements for tribal programs. be consistent with the purposes and SecreGrantee or subgran(eeFinancial submitstto the (a)The Grantee musfdesignale an requirements of the Block Grant. Secretary its final Status agency.d Grant ant or unit to act as the (t)Administrative costs associated Report(Standard Form 269 or 269A)for lead agency to administeror to ac a with child care services funded under the program period. lead program. • paragraph (g)of this section must be (2)If any litigation,claim,negotiation. Grant(b)With the exception of Alaska, included as costs under paragraph(h)of audit,disallowance action,or other California.and Oklahoma,programs this section or as costs under the base action involving the records has been and activities must be carried out on an amount. started before the expiration()fire Indian reservationus for the benefit of Subpartthree-year retention period the records Indian re J—Mon(toring,Non- must be retained until completion of the (c)In the case of a Tribal Grantee compliance and,Complaints action and resolution of all issues which which is,a asortiu , variatirante §Sits() Monitor arise from it or until the end of the Block Grant programs or requirements (a)The Secret regular three-year period whichever is and in child care licensing regulatorycry will Bloc later. end health and safety requirements programs funded under the Block Grant must be•specified in written agreements •for )The compliance with; §98.9t Non-reasonable betweep.the consortium an (1)The Act (a)If after notice to a (weer;al the Tribe. (2)The provisions of tlris CrGre s ees shall not be (3)The provisions and requirements andn Grantee,r i §§ de or 98.9. a aubjectlo-the requirements.at. quirements final There determination is:made that. §§gg-qq(8)-aad48.51(C)(2), set forth in the Block Grant Plan (I)There hasbeea.a:failure tiyahe (e)�e 6aae amotmtofaa--t,—• .,:: approved under§9826: - Grantee,or by en.entity prow grans is eat aubiecofn the (b)If a review or investigationreveah services under contract or agreement rant is riots ate t.to i(a} nditure-_ evidenced that the Grantee;or an entity' with the Grantee.to comply_. .requirement to reserve funds under provi .eervicea under contractor. substantially with.any provision:or • r q98uire ear the sersen a agreement.with the Grantee,has'failed requirement setforihrin the Plan- ' �8 requirement to substantially comply with the plan or approved under§98.18;or EXHIBIT C PAGE 15 OF 19 9'71998 y. August 4. 1892 / Rules and Regulations (2)If in the operation of any program compliance issue without follo for which funding is provided under the of the steps d wing all Subpart B—preWn4�ary matters—nonce—Nonce Block Grant there is a failure b theescribed n ¢¢98.90.98.91 and Parses Grantee;or b Y and 98.92 Peiraltiea and/or sanctions.as 99.11 Notice of hearing or opportunity for Yanentityproviding described in services tinder contract Or agreement pay neaPr el ss and(c)of hearing. Chia with the Grantee,to comply section may nevertheless be 99.0 Tune of hen ng. substantially with anyapplied even though.the issue is 99.13 Place. Act or this part,the provision� of the resolved informally, 99.14 Issues at hearing. provide to the Grantee a tart will 99.15 Request to participate in hearing of a findingof Gant written notice f 98.99 Cornptyat . Sub non-compliance.This Part uthority of Procedures notice will be issued within 60 days of (a)This section applies to any 9921 Authority ofties. ing officer. the Prelinvnary notification in 98 90 complaint(other than complaint 9922 daysreceipt of �)• alleging violation of the 9sz Rights Evidentiary ofy tee& or within ir of the p additional comments from the Grantee. nondiscrimination provisions)that a �� Evtdeat cry Purpose. whichever is later,and will provide the Grantee has failed to use its allotment in OO�S Evidence- - o�opportunity fora heating,pursuant to acthcordance-with nc th the terms of the Act. 99� OIIB fficial writtenp material. implementing regulations,or the 99.28 Record for deasion_ 99. (b)The notice is paragraph(a)of this Plan.The Secretary is not required to section wiltfindings.relevantunless it is • `'upon s %attsaz trap Procedures, as well as any penalties or sanctions to subadtted as required by this.section. pDecisions ant be applied pursuant to¢9892 Complaints with 1..etni..t to 997r Paethea{rig briefs. (c)Issues subject to review at the discrimination should be referred to the 99 i2 tkdaiona following hearing, hearing Include the finding of non- Office of Civil Rights of the Department. 99a1 isiontive date of Assistant Secretary's complan as well as anydhoritya sanctions 4o be Imposed pursuant penalties or (b) Grant must With respect in the Aarhecty a USG sass §98.92. parsuaat to Block Grant be submitted -writing to the Assistant Secretary for Subpart A—General ¢tta s2 Nenettleai+W wrWooa Children and Families.370 L'Enfant (a)2 Upon a Final determination Promenade.SW-,Washington,DC 20447. §99.t Scope of rufea • ermination that the The complaint must identify the Grantee has failed to substantiallyprovon �Y (a)The rules the procedure in this comply oa with or eAct. t the Dome llete�he ting part that was allof the pegedlyvia ted pecify afforded e Act.or this section b the Departmentf to Graor nteges following Penalties will e ofapp the the basis for alleging the violation(s).- pursuant to.§§,9A18(c)or 98.91.and the (1)No penal payments will be under the and include all relevant information practice relating to the decisions of such Mock Grant will be made to such known to the person submitting it- hearings. Grantee;or. (c)The Department shall promptly (b)Nothing in this part is intended to o (2J In thecase of noncompliance in the furnish a copy of any complaint to-die Preclude or limit negotiations between operation of a program or activity no affected Grantee. mmeats the Department and the Grantee, farther payments to the Grantee will be Grantee days(or such longer Period as may be received from the antetee.within 60 whether before.during,or after the made with respect to such program or hearing.to resolve the issues which are, activity. a4eed upon between the Grantee and or otherwise would be,considered at the (b)The penalty Provided tinder Department)shag be.considered by the hearing.Such negotiations and paragraph(a]of this section will Department in respondlog to he resolution of issues are not part of the continue the Secretaryis satisfied complaint The Department will conduct hearing and are not governed by the an inves ' rules i e this oageraaysarh failure ligation-of complaints,where Part except as expressly that thesis Ise Iropriate. provided herein to comply or that the noncompliance app • w-B1 be Promptly corrected (d)The Department will provide a §99.2 Presiding officer.. (c)In#ddition to Imposing the written response to complaints within • Penalties described in paragraph(a)of 180 days after receipt-If a final (a)(1)The presiding officer Secretary a i other gentian,the Secretary may impose resolution cannot be provided at that hearing shall bent the Secretary's designee. ppropriate sanctions.includingtime.the rea or the Theesies ion offtye reiding reconpmeat of.moneyimproperly why additional time�necessary.e soar (2) designation the presiding expended fatpurposes Prohibited or not (e)Complaints which arenoi officer shell be in writing.A copy of th e authorized by the Act or the . satisfactorilyp art es. shall be served on all implementing regulationscommunication resolvedthrough parties.and pummunihro g withe the Grantee will be ari Thegs. hpresidingle and for all da4t+alilieatiati of the Grantee from the pursued through the process described . hearings shall be bound by all receipt Of further funding under the in §98.90. Block Grant applicable laws end regulations. (d)If a Grantee is.aabjed to PART 99-PRtiCED(JREFpt?additional sanctions as provided under HEARINGS FOR THE CHILD CARE • § All le s to tie sPon pal g aph(e)of this secttoa apeanc - AND DEVELOPMENT BLOCK GRANT �pleadings,s ptsofPoadeony ideriticahan of tiny additional exhibits.Zransaipta oE.teatimony. snnchons berug imppsgd pi1L6e Subpart A—Gaoerat . exceptioas..briefs decisions.and ether + ProvidedinYhe notceprdvtded pmstaat sK documents sled m the docket'in any to§ • (e)Not ,: • . ,.fly-..7.—efioa.d,: : .9a.1 Scope.oftvin, .. in heedtag mai^he lnap?cted sad copied In the os y be Awls tint Secret ¢¢91i904r -�,_ZoJBpttdnde the :93.2 'Record t ct epu Inquitaes maybe made at the•... : cry Graateee�d ffieDepartment from t9 a �W beyuhlt� AdmiautrationfarChlldien and Grantesraeablt}I?g rtiraibr Saxnetia;ofnilx Families.37t1Ltnfant Promenade SW. Igas Fduug and acvtce Pap« .w eshingtoa.DCP ate. EXHIBIT C PAGE 16 OF 19 971998 _ _____ . ._... .,,. ..c. '' : uesdaY• Au gust 4. 1992 / Rules and R §99A egulatiors 34429 SUspenslon o(rutey With notice to all parties, the received,or on such later date as agreed to by the Assistant Secrets Sre governing Federal statute and Assistant Secretary for Children andto iat regulations. Families or the presiding officer,with betweenathe Department and then respect to end' (2)Any individual or group wishing to pending matters.may modify Grantee, the submittal of a Plan withpi the presidingr as s prof shall file a 5 d petition or waive any rule in this part upon amendment,aer determination that no party will be pro change in the Grantee officer within 15 days program.or other action by the Grantee, after notice of the the hearing ns been d unduly prejudiced and the ends of any issue is resolved in whole or in art, published in Federal Register justice will therebyP r serve a copy on each dpa nc with be served. but new ormodified issues are §99S Rang and service of papers. presented,as specified by the Assistant record( ). that time, in accordance wly (a)An o Secretary, the hearing shall proceed on § �'S@]'Such petition shall concisely al and two copies of all such new or.modified issues.A notice of state: papers in the proceedings shall be filed such new or modified issues shall be (i)Petitioner's interest in the with the presiding officer.For exhibits published in the Federal Register. proceeding: Whoand transcripts of testimony,only the notice is received byran less such (iii Who will originals need be filed. the Grantee appear for petitioner. (b)Al!papersthan 20 days before the date of the she The issuesi onat which petitioner in the prooceeedingslshall hearing a postponement of the hearing (iv)wishes to cpetitionerdintends to be served on all parties b delivery or by certified mail.Service on Grantee o�tyot the request ofh the Y party.20 The hearing present witnesses. the parry's designated attorney will be shall be held one date 20 days after (ei Any t of such may,within 5 days of deemed service on the party. such notice was received.or on such receipt of petition,file comments Subpart R—•preumina later date as agreed to by the Assistant on it. Notice and Partiesry Matters— Secretary (4)The presiding officer shall (c)[i)IL at any time,the Assistant promptly determine whether each for heating. Notice of hearing°f oPPortuntty Secretary finds that the Grantee has Petitioner has the requisite interest in f 99.11 - come into compliance with Federal the proceedings and shall permit or deny Pr°°eedin8s commence when the statutes and regulations on any issue,in Participa Lion accordingly.Where Assistant figs whole or is part,the Assistant Secretary petitions to participate as parties are Assistant t o tart'mails a notice of shall remove such issue from the made by individuals or opportunity for hearing to the groups with Grantee.The notice shall state the time proceedings.In whole sues partr asm maye common interests,at the presiding and place for the he be appropriate.If all issues are removed officer's discretion,the presiding which will be the hen g,and the issues the Assistant Secret may request that all such officer notice shall considered onside published in the Federal the A copy of the hearing. �'shall terminate petitioners designate a single representative or may Register. (2)Prior to the removal of any issue recognize one or more of such from the heating in whole or in part, the petitioners to represent all such §99.12 Time of hearing. Assistant Secretary shall provide all Petitioners.The presiding officer shall I The hearing shall be scheduled not parties other than the Department and give each petitioner written notice of the less than 30 days nor more than 90 days the Grantee(see¢ion.an))with written decision on the petition and if the after the date of the notice of the he Y notice of the intention and the reasons petition is denied the presiding officer furnished to the applicant or Grantee theing f° it.Such notice shall include a copy of shall briefly state the grounds for denial. unless otherwise agreed to,in writing. proposed Block Grant Plan provision If the petition is denied the presiding by parties. '. on which the Grantee and Assistant officer may recognize the petitioner as §99 the Place. Secretary have settled The parties shall an amicus curiae. have 15 days from the receipt of such (c)(1)Any interested person or hearing shall be in the city in notice to file their views or any organization wishing to participate as an I whichThe the regronal be held of the information on the merits of the amicus curiae shall file a Department responsible for oversight of proposed Playng officer before the with P provision and the merits the preside the Grantee is located or in such other of the Assistant Secretary's reasons for commencement nco of the hearing.place as the Assistant Secreremo tary state: Such plat tar}' (d) the issuesc froth the hearing, petition shall i concisely interest determines,considering both the The issues considered o the a)The petitioner's in the ettoumstaacea of the case and the . hearing s�be limited to those issues hearing; convenience and necessity the of which the Grantee is notified as (ii)Who will represent the or representatives. parties provided in Paragraph(a)of this section, and P petitioner. f 99 their Issues at . and new ortnndified issues described in (iii)The issues on which petitioner he-Seer Paragraph(b)of this section;they shall intends to present argument. (a)The AasistantSecrataryraay,prior not include issues orparts of issues An amicus curiae is not a partybut to a hearing under¢9g-gi of thisremoved firm the prices a mayp notify the Grantee in writing of part, to paragraph(c)of this aeeition.ptirauant paragraph. ate as provided in this additional issues which will be (2)The sari coasIdeced it the h § is 'Request to participate In hearingpeon presiding officer may grant the shall be published in notice (a)The Department and the Grantee has a legitimatupon e terest in the that petitioner Register.If such'notiae is received byare parties to the hearing without proceedings,that such participation will the Grantee less than 20 days befor the Malang a BPetherm•fic Vest to participate. not unduly delay the outcome,and it date of the heartag a postponement of maybe)Gee eras aaln s,u he may contribute materially to the proper the hearing shall be granted at the' .. Portico,if the - t the al be e Or anyother lesaes to beconsidered at,the hearingdi(a)An ti sn c the issues. request d of o e enicethe party.The he have'areal),ceased them injurymay Present a a8 shaft be held on a their inteieit Is Witand the point oral statement hepni eate iapedhearing.et date 20 days after such notice wen filmiest within the the In the car. e The mipedfied by - zone of interests to be protected by,the the presiding officer. amieua curiae EXHIBIT C PAGE 17 OF 19 97199R �. ma . . .�. , . uescay. r. gus , 1992 I Rules and Re ut 4 gulationg y submit a written statement of position to (a)Appear by counsel or other of fact.Such stipulations.or an the beginning to the of a presiding officer prior to authorized representative. in all hearingproposed byanyY exhibit serve ahearing and shall proceedings: P p Party.shall be copy on each party.The amieus (b) Participate in anyexchanged at the preheating conference curiae may also submit a brief or written conference held by the presiding nnofficer, or presidingi otherwise priero to the statement at suchhearing if the time as the parties (c) og officer le requires. submit briefs and shall serve aAgree to stipulations as to facts each party, copy on which will be made a pan of the record: evidence Rules shallof fence.Technical rules (d)Make opening statements at the c conductednot apply to , but Subpart C—Heart hearing: pursuant to this part, but rr9 procedures rules or principles designed to assure §1921 q (e) Resent relevant evidence on the production of the most credible evidence uttwrtty of presiding ot0eer, issues at the hearing (a)The presiding available and to subject testimony to P durg officer shall have the ( Present witnesses who then must test by cross-examination shall be duty to conduct a fair hearing to avoid l thravailableparties: for cross-examination by applied where reasonably necessary by delay,maintain order,and make a all other parties: al record of the (81 Present oral a the presiding officer.A witness may be officered of the P oceeding&The presiding arguments at the cross-examined on any regard to the all powers necessary hearing;and to accomplish these ends,including. (h)Submit written briefs,proposed to the proceeding without regard to the not limited to, the power to: but findings of(act, and proposed scope of direct examination.The (1) a the date, conclusions of law, after the hearing. Presiding officer may exclude irrelevant. Chang time,and place of g immaterial.or unduly repetitious the hearing. upon due notice to the §99-23 Discovery. parties.This authority includes the The Departmentevidence offered evidence All xain taken fonts r t the record power to continue the hearingindividualsrous the coGrgnize,and any shall be open to examination bythe or in part; in whole or groups recognized as parties shall have the right to conduct parties,and opportunity shall be given (2)Hold conferences to settle or discovery(including depositions) to refute(acts and arguments advanced simplify the issues in a proceeding,or to against opposing ; :reties.Rules 28-37 of on either side of the issues. consider other matters that may aid in the Federal Rules of Civil Procedure §9926 unsponsored written material the expeditious disposition of the shall apply to such proceedings:PP Y proceeding will be no fixed rule on priorityof there Lettersn expressunsponsoreding views or written (3)Regulate participation of parties discovery.Upon written motio , the action and other gmatters atwritten and antic/curiae and require pastes Presiding officer shall promptly rule material regarding matters at issue in a and amici curiae to state their position upon any objection to such discovery hearing will be placed in the with respect to the various issues in the action initiated pursuant to this section. correspondence e proceeding. . section of the docket of proceeding The presiding officer shall also have the the died pan of These data are not (4)Administer oaths and affirmations: Power to grant a protective order or deemed part of the evidence or record in (5)Rule on all pendingrelief to any party against whom the hearing. other procedural itemsmcluding �d discovery is sought and to restrict or §9927 Official transcript issuance of protective orders or other control discovery so as to prevent undue relief to a adelay in the conduct of the hearing. . The Departmentewill ea designate the Patty against om discovery Upon the failure of anyofficial reporter for all hearings.The is sought party to make (8)Regulate thediscovery, the together official a i testimony exhibits. and)Reconduct of he coursensel of the hearing the presidingpresiding di officer may at together withe any da of afi exhibits. officer's discretion issue briefs. or memoranda of law filed (7)Examine witnesses; any order and impose any sanction (other than contempt orders)authorized Department. shall n filed with the (8)Receive,rule on,exclude or limit by rule 37 of the Federal Rules of Civil hrings m be obtainede of testimony in evidence or discovery, hearings may be from the (9)Fix the time for filing Procedure. official reporter by the motions, pastes and the petitions, briefs.or other items in §9924 Evidentiary purpose public at rates not to exceed the matters pending • The purpose of the hearingmaximum rates fixed by the contract (10)If the rest receive factual evidence expert between the Department and the P ding officer is the reporter Upon notice to all parties. the Assistant Secretary,make a final opinion testimony related to the issues not be decision; In the proceed' presiding officer may authorize (31)if the reai received in evidence:Argumenter it should be corrections v to the transcript which P ding officer is not the Assistant Secretary,certify the entire presented •in statements.mine memoranda, or involve mattes ofr deal-start record Including the recommended briefs as determined by the presiding findings and proposed decision to the officer-Brief opening statements,which §19-2e The Record for testimony. P g transcript of testimony,exhibits. Assistant Secretary;and shall be limited to statementm of the party's position and what the parry androalle papers and t he co expo in the rules Take any actioni authorized by the intends to prove, may be made at section of the except the c r rulings the p conformance with he section of docket including Provisions of 5 US.C.551 through �s' 559. and any recommended or initial (b]The presiding §9925 Evidence. decision shall constitute the exclusive authority tocom officer does not have (a)Testimony.Testimony shall be record for decision production of witnesbses.papperrss,or other witnesses at the hea the given orally under ari o. affirmation by Subpart D Poathearing Procedures, evidence. ariag tNitaesaea Decisions shallbe available at the batons. efor of parties. c osst w amination by all raise. 199-31 ptheartrp briefs. §t 22 'Rtphte All parties of mom)Stipulations and exhibtta:Two or The presidingofficer ahal fix the time Pettis may agree to stipulations for filing poethesrrng briefs. vhlch may EXHIBIT C PAGE 18 OF 19 971998 -.:sec:ine.utgs of fact and - chap also conclusiofix the time rneopresiding t officerserge a and of the recommended reply proposed decision upon all promptly serSecved a parties.shall be Permitted P Y briefs,if parties,and amiq if any. P Promptly served on all parties,and §9932 t rec )Any eipt t of partymay,within 20 days of amici.if any. 1 �otab4fs toaow-p hearing Precommended findings (a) Assistant Secretary and proposed derision,file exceptions ns 4 99.33 Effective date of Assistant presiding Ifthe Assistant the ry is the and a supportingSecretary's of this chapter. shall Issue Assistant Secretary the Assistant$e,,,bt f or statement with m the case of ades heart the decision within 80 days (3) 4 98.18(b) this chapter, the Asshng tar,to after the time for submission of � )The Assistant Secretar yrecommended shall Secretary concludes that a Plan wring briefs has expired. mmended amendment does not com I �) ea If the briefs derision and.within 45 days after the posth ding officer is not the Federal statutes and regulations.P Y K to the Secretary, receipt of the exceptions to the derision that further e the shall Assistantcertify the entire the precresiding �officer recommended(in proposed P Yments will not the recommended fro dings and be made to the Grantee,or payments including decision issue the decision • will be limited to categories under other the reca tb the Assisi Deed Se( The decision of the Assistant parts of the Block Grant Plan not dedwith in n.days Ass the time for tart under this section shall be the affected Chao din f d effective funds. tc submission of after final decision of the Secret for the d.shall seubmission ired. on f post ea briefs has thenstitute"final agency actin"within �t�9z-tri5o of Federal: Lary shallmeaning of S U.S.C.704.The s.'t-sz e:45 am) tau.s4c COOS 4150-04-r • • EXHIBIT C PAGE 19 OF 19 971998 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A IGREELEY, COLORADO 80632 Administration and Public Assistance (970) 352-1551 cChild Support70) 352-6933 S Protective and Youth Servicesices (970) 352-1923 Food Stamps (970) 356-3850 COLORADO MEMORANDUM Fax(970) 353-5215 TO: George E. Baxter, Chair Board of County Commissioners FROM: Judy A. Griego, Director Social Services �� SUBJECT: Child Care Capacity Building Grant / t`' l DATE: September 9, 1997 �( i j Enclosed for Board approval is the contract for the Child Care Capacity Building Grant. The application for this grant was previously approved by the Board. The five (5) original copies need to be returned to our Department so that we may forward them to the State Department for their approval. The term of the contract is from July 1, 1997, through June 30, 1998. The amount of the contract is $60,000.00 If you have any questions, please telephone me at extension 6200. 971998 5T C Hello