Contract: This Letter of Agreement establishes a Shared Services Arrangement (SSA) between Education Service Center Region XIII (Region XIII) and the signing Member District. Region XIII will serve as the Fiscal Agent in this Shared Services Arrangement. Contractor: Region XIII, Fiscal Agent Contractee (District or Charter): Program: Title I, Part C-Migrant Education Program Funding Allocation within the SSA: Member District Chooses either Option 1 or Option 2. With Option 1, 100% of the Member District 2012 2013 Title I, Part C Migrant Education Program Allocation is retained by Region XIII, as the Fiscal Agent for this SSA. With Option 2, 50% of the Member District 2012 2013 Title I, Part C Migrant Education Program Allocation is retained by Region XIII, as the Fiscal Agent for this SSA and 50% of the Member District Allocation flows through to the Member District. Fiscal Agent The Fiscal Agent administers the Member District 2012 2013 Title I, Part C Migrant Education Program Allocation on behalf of the Member District. 100% of the Member District Allocation is retained as the Fiscal Agent Allocation if the Member District selects Option 1 on this SSA Letter of Agreement or 50% of the Member District Allocation is retained as the Fiscal Agent Allocation if the Member District selects Option 2 on this SSA Letter of Agreement. Contract Year: July 1, 2012 to June 30, 2013 Program Assurance: ESC Region XIII, as the Fiscal Agent for the SSA, is responsible for ensuring that funds are used in accordance with the Title I, Part C fiscal and program provisions and assurances and the requirements of the Texas Education Agency Financial Accountability System Resource Guide. Page 1 of 11
Section 1: Administrative Guidelines of Consortium 1a. Organization The Executive Director of Region XIII and the Superintendent or Designee of the Member District(s) are the authorities enacting the fiscal and programmatic components of this SSA. Region XIII will hire and maintain on staff Education Specialists, Program Managers, and / or Coordinators as appropriate to provide programmatic professional development and technical assistance to Member District. Region XIII will hire and maintain on staff fiscal and budgetary specialists as appropriate to provide fiscal support and technical assistance to Member District. For the purposes of this contract, both Region XIII and the Member District may act as Purchasing Entities for purchases made with their fiscal allocations within the SSA. Member District must remain in the SSA for the entire Contract Term. 1b. Provisions, Assurances, and Certifications Both Region XIII and the Member District are responsible for operating in accordance with the Provision, Assurances, and Certifications stated in the Texas Education Agency SASNCLB grant application. 1c. Ownership of Assets and Notice of Grant Award Status All assets, including both liquid and fixed assets, will be owned by the purchasing entity. Purchases made by the Member District with its fiscal allocation within this SSA will be owned by the Member District. Purchases made by Region XIII with its fiscal allocation within this SSA will be owned by Region XIII. If at the end of the Contract Term this SSA is terminated by its members, or if the Member District leaves the SSA, the assets purchased during the Contract Term remain with the entity that purchased them. If the SSA is terminated and liquid assets, consisting of either current year, carry over, or reallocated Title I, Part C grant funds remain, they will be distributed to the Member Districts terminating this SSA on a proportionate basis to the Member Districts. If a Member District terminates its membership in the SSA at the end of the Contract Term and liquid assets, consisting of either current year, carry over, or reallocated Title I, Part C grant funds remain, they will be distributed to the Member District. If a district becoming a Member District for the first time at the beginning of this Contract Term has remaining Title I, Part C grant funds from an independent project, those funds will become part of Region XIIIs Fiscal Agent Allocation. Page 2 of 11
1d. Liabilities Should liabilities be incurred due to complaints, grievances, or litigation, Region XIII and the Member District(s) will share costs as follows: If the liability is a result of Region XIII action, then Region XIII is responsible for the liability. If the liability is a result of the Member Districts action, then the Member District is responsible for the liability. Refund liabilities that result for on-site monitoring or audits will be shared as follows: If the refund liability is a result of Region XIII action, then Region XIII is responsible for the liability. In this case, Region XIII will return the liability to the Texas Education Agency If the refund liability is the result of Member District action, the Member District is responsible for the liability. In this case the refund the Member District will return the liability to Region XIII. Region XIII will return the liability to the Texas Education Agency on behalf of the Member District. Uncontrollable costs due to actions taken against this SSA will be assessed on a prorated basis between Region XIII and the Member District(s) on the same basis as the Member District(s) grant allocations that funded the SSA at the beginning of this Contract Term. 1e. Basis for Fiscal Agent and Member District Allocations within the SSA Option 1 Option 2 100% of the Member District 2012 2013 Title I, Part C Migrant Education Program Allocation is retained by Region XIII, as the Fiscal Agent for this SSA. 50% of the Member District 2012 2013 Title I, Part C Migrant Education Program Allocation is retained by Region XIII, as the Fiscal Agent for this SSA and 50% of the Member District Allocation flows through to the Member District. Page 3 of 11
1f. Use of Funds Region XIII will use its Fiscal Agent Allocation to provide Title I, Part C professional development, technical assistance, fiscal assistance, and, as appropriate, products at either reduced costs or no cost to the Member District(s) of this SSA. Region XIII will pay flow through funds to the Member Districts for salaries to pay for identification and recruitment of migrant students. Region XIII professional development, technical assistance, and fiscal assistance will be provided by appropriately certified Region XIII staff. Member District must not exceed the Texas Education Agency SASNCLB grant application major object budget categories without prior written approval of Region XIII. Member District budget changes must be approved by Region XIII prior to expenditure of funds in the changed budget categories. The Member District must account for its Member District Allocation in its official accounting records. The Member District must budget, expend, and report funds according to the requirements of the Texas Education Agency Financial Accountability System Resource Guide. All expenditures must occur after the beginning date and before the ending date of this Contract Term. All services must be rendered between the beginning and ending dates of the grant. All travel must occur by the ending date of the grant. All materials and equipment must be delivered before the ending date of the grant and must be ordered and delivered in time to substantially benefit the current grant period and in no case after the ending date of the grant. In most instances, goods or services delivered near the end of the grant period are viewed by the Texas Education Agency as not necessary to accomplish the objectives of the current grant program and the Texas Education Agency or an auditor may disallow the expenditures. Expenditures of grant allocations are restricted to the provision of services in accordance with the guidelines under which this agreement is made. 1g. Payment Region XIII will pay the Member District approved cost expenditures on a timely basis upon receipt of an Original Signed Letter of Agreement and an expenditure report. Page 4 of 11
1h. Records Financial records must be maintained by the Member District for seven years from the end of this Contract Term and are subject to an audit by Region XIII and by the Texas Education Agency. 1I. Reports Fiscal and Expenditure Reports The Member District must submit interim and final expenditure reports to Region XIII. These reports must be prepared from the official accounting records of the Member District and must reflect actual expenditures within the Contract Term. The reports shall include the name and signature of the Member District Superintendent or Designee. The Member District must submit the final expenditure report within 30 days of the ending date of the Contract Term of this SSA. In no case shall the Member District file its final expenditure report after December 31, 2013. Program Reports Program Reports as required by Title I, Part A shall include the name and signature or the Member District or Designee. 1j. Private Nonprofit Schools Member District is responsible for consulting with the private nonprofit schools within its geographic service area. Documentation regarding the Member Districts consultation with private nonprofit schools must be maintained at the Member District. The Member District will complete the ESEA Private Nonprofit Form and submit it to Region XIII. 1k. Accountability Measures Not applicable to this SSA. 1l. Access to Services by Member Districts: The Member District agrees to provide release time for selected teachers and administrators to participate in professional development and technical assistance activities provided by the SSA as articulated in this agreement. The Member District agrees to permit Region XIII Title I, Part C staff to provide Member District campuses and classrooms, as appropriate. Page 5 of 11
Section 2: Program Information Circle one option. Option I - Member District contracts with ESC Region XIII for ID&R and NGS services Member district releases 100% of approved planning amount to the ESC XIII Migrant Program Shared Service Arrangement. ESC Region XIII Responsibilities: prepare SASNCLB application for Migrant Program SSA; provide training and technical assistance pertaining to Performance-Based Monitoring Analysis System; prepare District Amendment, if applicable; maintain financial accounting records for the Title I Part C Migrant funds; provide Migrant Program guides, forms and other required materials; offer staff development for required components and the Seven Areas of Focus; provide information and facilitate access to the services and resources of Migrant Program Special Projects; provide updates and information on relevant topics and state initiatives; provide technical assistance as needed and upon request; coordinate the delivery of supplemental and ancillary service; assist with the completion of the Annual Performance Report; provide trained staff for recruitment and NGS, including COE signature of eligibility Reviewer and Recruiter; review district Family Surveys and schedule follow-up home visits; conduct recruitment interviews to determine program eligibility; complete Certificates of Eligibility (COE) for all eligible students; process all district data as required by the New Generation System Guidelines (NGS); provide NGS reports upon request and as necessary for district planning; maintain records as required by state and federal guidelines; coordinate SSA Parent Advisory Committee activities. facilitate educational support at home; facilitate transition to post secondary education; conduct needs assessment and program evaluation of the Title I, Part C program; provide supplemental counseling related services to eligible migrant students; provide counseling related services to SSA Member Districts; provide services related to secondary credit recovery, credit accrual, graduation planning, and graduation enhancement; and coordinate communication and collaboration between program staff, center staff, client groups, state and federal agencies. Page 6 of 11
District Responsibilities: assist in the preparation of the SASNCLB Application; assist in the preparation of the Amendment, if applicable; implement instructional programs, supplemental services and assurances as approved in the SASNCLB Application; distribute the Family Survey once a year; include the survey in the districts registration packet, and send the returned surveys to ESC Region XIII; maintain records as required by state, federal and local board policies; participate in staff development offered by ESC Region XIII Migrant Program; identify district contact staff to be trained on the NGS Implementation Guidelines; identify district contact staff to collaborate with appropriate campus/district personnel to collect required NGS data for submission to ESC Region XIII to meet all state and federal requirements; identify district contact(s) staff to facilitate program planning and provide data necessary to meet all state and federal requirements, including operation of the SSA Parent Advisory Committee; assist in the needs assessment and program evaluation of the Title I, Part C program by providing any program, student, or financial data necessary. Page 7 of 11
Option II - Member District contracts with ESC Region XIII for NGS services and provides local staff for ID&R Member district releases 50% of approved planning amount to the ESC XIII Migrant Program Shared Service Arrangement and releases 100% of any carryover to succeeding year to the RESC XIII if no longer part of the SSA or changes to Option I. ESC Region XIII Responsibilities: prepare SASNCLB Application for Migrant Program SSA; provide training and technical assistance pertaining to Performance-Based Monitoring Analysis System; prepare District Amendment, if applicable; maintain financial accounting records for the Title I Part C Migrant funds; provide Migrant Program guides, forms and other required materials; offer staff development for required components and the Seven Areas of Focus; provide information and facilitate access to the services and resources of Migrant Program Special Projects; provide updates and information on relevant topics and state initiatives; provide technical assistance as needed and upon request; coordinate the delivery of supplemental and ancillary services; assist with the completion of the Annual Performance Report; provide trained staff for recruitment and NGS, including COE signature of eligibility Reviewer; process all district data as required by the New Generation System Guidelines (NGS); provide NGS reports upon request and as necessary for district planning; maintain records as required by state and federal guidelines; coordinate SSA Parent Advisory Committee activities. facilitate educational support at home; facilitate transition to post secondary education; conduct needs assessment and program evaluation of the Title I, Part C program; provide supplemental counseling related services to eligible migrant students; provide counseling related services to SSA Member Districts; provide services related to secondary credit recovery, credit accrual, graduation planning, and graduation enhancement; and coordinate communication and collaboration between program staff, center staff, client groups, state and federal agencies. Page 8 of 11
District Responsibilities: assist in the preparation of the SASNCLB Application; ensure Private Nonprofit Schools participation occurs; assist in the preparation of the Amendment, if applicable; implement instructional programs, supplemental services and assurances as approved in the SASNCLB Application; provide an equitable % FTE staff to be trained to do identification an recruitment of migrant students and to sign Certificate of Eligibility (COE); identify district contact staff to be trained on the NGS Guidelines; identify district contact staff to collaborate with appropriate campus/district personnel to collect required NGS data for submission to RESC XIII to meet all state and federal requirements; hire personnel to perform duties for the district required program components; establish and maintain staff service records, retirement, sick leave, etc. as required by state regulations and local board policies; invoice ESC Region XIII quarterly for the cost of migrant-funded personnel (utilize Reimbursement Form provided by ESC Region XIII); participate in staff development offered by ESC Region XIII Migrant Program; identify district contact(s) staff to facilitate program planning and provide data necessary to meet all state and federal requirements, including operation of the SSA Parent Advisory Committee; distribute the Family Survey once a year; include the survey in the districts registration packet; review returned surveys and schedule follow-up home visits; conduct recruitment interviews to determine program eligibility; complete Certificates of Eligibility (COE) for all eligible students; maintain records as required by state, federal and local board policies; and member Districts are responsible for assuring compliance with Title I, Part C-Migrant accountability measures and any subsequent requirements as a result of those measures; assist in the needs assessment and program evaluation of the Title I, Part C program by providing any program, student, or financial data necessary. Page 9 of 11
ESC Region XIII Terry Smith, Executive Director Education Service Center Region XIII 5701 Springdale Road Austin, TX 78723 Signature Executed and signed this day of, 2012 Member District (Superintendent or Designee) (District) (Address) (City, State, Zip) Signature Title Executed and signed this day of, 2012 Step 1: Please review, execute, and return the Letter of Agreement to Region XIII by May, 31 2012. Title I, Part C-Migrant Education Program. Step 2: Please complete the Applicant Designation Certification Form in TEASE egrants and submit electronically to TEA. Amendments to the Letter of Agreement, if applicable, will be made in accordance with the guidelines contained with the NCLB SAS Application and Financial Accountability System Resource Guide. Page 10 of 11
Please return by May 31, 2012 to: For additional information, contact: Academic Services Sigi Huerta, Program Manager Education Service Center Region XIII 512-919-5324 5701 Springdale Road sigi.huerta@esc13.txed.net Austin, TX 78723-3675 Fax: 512-919-5302 Page 11 of 11