This document serves as an attachment to the Illinois Department of Human Services Community Services Agreement and sets forth supplemental contractual obligations between the Provider and the Department. The Attachment provides contractual requirements beyond those in the Agreement and is intended to clarify programmatic areas of the Bureau of Workforce Development, Employment and Training Resource Development Services' programs.
II. Applicable Rules
The Provider must comply with applicable laws, regulations and rules which include, but are not limited to the following:
- 7 CFR 271-273, Subchapter C, Supplemental Nutrition Assistance and Food Distribution Programs
- 45 CFR 205, General Administration, Public Assistance Programs
- 45 CFR 260-265, General TANF Provisions
- PL 105-33, Balanced Budget Act (BBA) of 1997
- PL 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Temporary Assistance for Needy Families (TANF)
- Deficit Reduction Act (DRA) 2005
- 89 Ill. Adm. Code, Chapter I, Part 121, Subchapter b, Subpart H, Supplemental Nutrition Assistance Employment & Training Program
- 89 Ill. Adm. Code, Chapter IV, Part 112, TANF Employment & Training Program
- PA 87-893; PA 89-21 - Earnfare legislation
III. Program Services
Following is a listing of service programs funded by the Division of Family and Community Services. The Provider will provide the service program(s) specified on Exhibit B and C, in accordance with the Program Manual.
- Work First - Work First is a pay after performance program operated by the Department for persons receiving Temporary Assistance for Needy Families (TANF). Customers assigned to Work First earn their assistance payment by participating in appropriately assigned activities.
The award is based on the cost of providing the services as shown in the approved line item budget. A portion of the award is to be earned as a bonus for a specified number of placements with 90 consecutive calendar days of retention in unsubsidized jobs.
- TANF Job Placement With Retention - TANF Job Placement with Retention programs are operated by the Department primarily for persons receiving TANF. Customers participate in a variety of activities that are countable in the federal participation rate while searching for unsubsidized employment. Administrative costs are earned for unsubsidized placements with 30, 60 or 90 consecutive calendar days of retention.
- TANF Special Project - TANF Special Projects contracts provide services to special target populations, primarily persons receiving TANF. The programs are negotiated individually when special needs are identified.
- TANF Support Services - TANF Support Services contracts provide only support services in accordance with the TANF Program Manual or provide special support services, over and above those itemized and explained in the TANF Program Manual, to target populations, primarily persons receiving TANF. The programs are negotiated individually when special needs are identified.
Earnfare - Earnfare is an employment and training program under the auspices of the Supplemental Nutrition Assistance Program Employment & Training (SNAP E&T) Program which offers eligible participants an opportunity to gain work experience and earn financial assistance. Participation is limited to adults who receive non-assistance SNAP benefits and who volunteer or to persons who are court-ordered to participate. Participants work off the value of their SNAP benefits at the prevailing state or Federal minimum wage, whichever is higher, up to a maximum number of hours per month before earning cash assistance.
Participants may be assigned to an Earnfare work site or to other approved activities in order for them to earn cash assistance, meet the federal work requirement and/or increase their self-sufficiency.
Cook County Earnfare: In Cook County, DHS' Family and Community Resource Center (FCRC) staff orient and assess participants, determine supportive service needs, and refer them to appropriate Earnfare employers developed and contracted directly by the Department. These Earnfare employers do not receive administrative payments.
Downstate Earnfare: The Department may contract with downstate private sector businesses, for-profit and not-for-profit organizations, community and faith-based organizations and governmental agencies to administer the Earnfare program. The providers recruit, orient and assess individuals, recruit employers, and refer individuals to appropriate employers. These Earnfare employers do not receive administrative payments. The Department's FCRCs may also refer individuals to these providers.
NCP Earnfare: NCP Earnfare provides court-ordered, unemployed non-custodial parents of children receiving TANF an opportunity to gain work experience while meeting a portion of their child support obligation. Participants are court-ordered to NCP Earnfare when they tell a court that they are unable to provide financial support to their children due to unemployment. NCP participants may or may not receive SNAP benefits. NCP Earnfare services are available in Cook County and in select Downstate locations. NCP Earnfare employers do not earn administrative payments.
- SNAP E&T Job Placement with Retention - The Department may contract with private sector businesses, for-profit and not-for-profit organizations, community and faith-based organizations and governmental agencies to provide intensive education, job skills training, and/or pre-employment services and unsubsidized job placement services to able-bodied adults without dependents (ABAWDs) who receive non-assistance SNAP benefits. Administrative costs are earned for unsubsidized placements with 30, 60 or 90 consecutive calendar days of retention. Special populations may be targeted for services. Job Placement with Retention providers may offer Earnfare as an activity under this program. Providers must assign participants to countable activities for a specified number of hours per month in order for participants to meet the federal work requirement. Providers are also responsible for providing case management to participants to reduce barriers to employment and maximize self-sufficiency. The Department's FCRCs have the opportunity to refer individuals to Job Placement with Retention providers.
- SNAP E&T Special Project - SNAP E&T Special Project contracts provide services to ABAWDs who receive non-assistance SNAP benefits. Programs are negotiated individually when special needs are identified.
- SNAP E&T Support Services - SNAP E&T Support Services contracts provide only support services in accordance with the SNAP E&T Program Manual or provide special support services, over and above those itemized and explained in the SNAP E&T Program Manual, to ABAWDs who receive non-assistance SNAP benefits. The programs are negotiated individually when special needs are identified.
- DHS TANF Initiative - The Temporary Assistance for Needy Families (TANF) program provides temporary financial assistance for pregnant women and families with one or more dependent children. TANF provides financial assistance to help pay for food, shelter, utilities, and expenses other than medical expenses. Since the inception of this program in 1997, DHS has had agreements with various types of contractors who provide employment and training services to TANF customers in an effort to help them gain independence.
Pursuant to the Deficit Reduction Act, changes were made to federal TANF regulations that place greater restrictions on the types of activities that are countable and tighten record-keeping requirements. Failure to meet the new requirements would result in the potential loss of millions of dollars in federal funding. Consequently, DHS must increase the number of Work Experience and Community Service positions available for TANF customers. Accordingly, DHS encourages additional providers to establish such positions.
Below is a description of this initiative. Provider participation in this program is voluntary. If you choose to participate, DHS will provide you with a specific agreement detailing requirements of the program.
- The Role of the Provider
- The Provider will ensure it establishes work experience and/or community services positions for up to three (3) individuals participating in the Temporary Assistance to Needy Families (TANF) employment and training program. These individuals are referred to herein as the "Participant" or "Participants".
- The Participants will be referred to the Provider by the local Family Community Resource Center (FCRC) or by a TANF employment and training contractor. Participants will be assigned to either work experience or community service positions for no more than thirty (30) hours per week.
- The Provider will be required to provide daily supervision to the Participant(s) assigned, complete daily attendance records, provide comments on the Participant's progress, and transmit this information on a weekly basis to the person or entity who made the referral (i.e., the local office and/or Employment & Training contractor). The attendance form must be signed by the Participant(s) and the site supervisor. The Provider's site supervisor must participate in monthly telephone conferences with the case manager assigned to the client/customer. These telephone conferences will be held at a time that is mutually agreeable to the site supervisor and the case manager.
- For Community Service positions, the Provider must provide the following information: (1) a description of the agency's mission, (2) how its services benefit the community, (3) the task(s) that will be performed by the Participant(s) at the agency, and (4) the job skills to be acquired by performing the task(s). It is preferred that all documents required are submitted to the agency prior to the client/customer being referred to the provider; however, such documents must be provided no later than (5) days after receiving the referral. Daily attendance of the client must be recorded and sent to the Department.
- For Work Experience, the Provider must identify the specific tasks/duties to which the Participant(s) will be assigned. It is preferred that all documents required are submitted to the agency prior to the client being referred to the provider; however, such documents must be provided no later than (5) days after receiving the referral. Daily attendance of the client must be recorded and maintained. Upon request, record of the attendance of each customer sent to the referring agency must be sent to the Department.
- Definitions of TANF Work and Training Activities
- Work Experience - Provides a Participant with an opportunity to acquire the general skills, training, knowledge and work habits necessary to obtain employment. The activity must be supervised daily by an employer, work site sponsor, or other responsible party. Participants may be placed in a supervised assignment with public, private or not-for-profit employers, organizations and governmental agencies. Pursuant to applicable law, the average number of hours each Participant may be assigned per week is thirty (30); the specific number of weekly hours a Participant may be assigned will be determined by DHS.
- Community Service - A structured program in which Participants perform work for the direct benefit of the community under the auspices of a public or non-profit organization. Community service programs must be limited to projects that serve a useful community purpose in fields such as health, social services, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety, and childcare. Community service programs are designed to improve the employability of Participants not otherwise able to obtain employment; Participants in such programs must be supervised daily on an ongoing basis. Pursuant to applicable law, the average number of hours each Participant may be assigned per week is thirty (30); the specific number of weekly hours a Participant may be assigned will be determined by DHS.
- If you have any questions or require further information, please contact DHS' Division of Family and Community Services at (312) 793-0683 or (217) 785-3300.
- Family and Community Services (FCS) Special Contracts - FCS Special Projects Contracts provide services to Illinois citizens when special needs are identified. Services are negotiated individually. Services may be restricted to target populations, specified communities or geographical areas. The contract deliverables, service activities, costs, and outcomes are stipulated in the Program Plan.
- Transitional Jobs Programs - Transitional Jobs Programs assist customers who remain unemployed or with limited work experience by combining real work, skill development, and supportive services to transition customers customers successfully into the labor market. Customers are placed in subsidized employment, for a maximum of 30-40 hours per week, with wages not less than the State of Federal minimum wage for a specified length of time, whichever is higher. Providers are able to be reimbursed Administrative costs for unsubsidized payments when a specified retention period is met.
IV. Program Manual and Exhibit B
The program services are detailed in the Program Manual. The Provider is required to comply with all of the conditions and provisions in the Program Manual, which serves as the formal statement of requirements between the Provider and the Department. Exceptions to these conditions and provisions must have the written approval of the Department.
The Provider will provide the services as outlined in their annual request for funding, if applicable, and in the Program Manual. The Department will notify the Provider in writing of the disposition of the funding request and note any modifications to the submitted plan for service delivery.
The Department is not liable for costs incurred by the Provider that are not contained in the approved program budget. Except as otherwise stated or provided for in the attachment or in the Program Manual, no payment for extra charges, supplies or expenses shall be made without prior written approval from the Department.
The contract deliverables and associated payments are outlined on Exhibit B and C. The Department reserves the option to specify a service period that is different from the Term, on Exhibit B.In such instances, service deliverables must be achieved within the period specified in Exhibit B.
The Department will utilize one (1) of the methods of payment outlined below. The method of payment and method of reconciliation are specified on Exhibit B and C.
- Grants - A program that receives all or part of the funding in advance of the actual delivery of services. This includes prorated prospective payments and payments made by the Department on an estimated basis or any other basis when the Department does not know the actual amount earned by the Provider. This does not include advance payments made under the authority of Section 9.05 of the Illinois Finance Act (30 ILCS 105/9.05). All funds paid as a grant are subject to the Illinois Grant Funds Recovery Act [30 ILCS 705].
Payment(s) to the Provider are based upon services as specified in the Program Manual. All funds disbursed by the Department on a grant basis are subject to reconciliation and the recovery of lapsed funds. Any funds left after the reconciliation are subject to the Grant Funds Recovery Act. The reconciliation will be based on one of the following methods at the election of the Department:
- Eligible Expenditures v. Program Revenue - This method compares the eligible expenditures to the total Department grant revenues by program. An independent audit and associated supplemental revenue and expense schedule may be required from the provider. Eligible expenditures will be determined based on 89 Ill. Adm. Code 509.20, Allowable/Unallowable Costs and specific program requirements, if applicable.
- Eligible Services Delivered v. Services Projected - This method compares the actual eligible services delivered to the services projected in the Agreement. If the services were based on a rate or unit of cost methodology, the number of eligible service units delivered times the rate or unit is compared to the total of all grant payments for that service.
Fee-for-Service - A program for which payments are made on the basis of a rate, unit cost or allowable cost incurred and is based on a statement or bill as required by the Department. Payments made as a fee-for-service are not subject to the Illinois Grant Funds Recovery Act [30 ILCS 705].
Payments to the Provider are based upon services and rates as specified in the Program Manual. Billings, with substantiating documentation, are submitted by the Provider upon completion of service. The Provider may be issued an advance which will be deducted from billings before the end of the contract period.
VI. Eligibility Criteria
- Provider Eligibility
Private sector businesses, for-profit and not-for-profit organizations, community and faith-based organizations and governmental agencies may receive funding as Employment and Training Providers.
Customers are referred to the Provider by the partnering local FCRC and/or are recruited directly by the Provider as detailed in their approved request for funding. The Provider will verify program eligibility for recruited customers as detailed in the appropriate Program Manual.
VII. Reporting Requirements
- Billing and Reporting
The Department will provide the billing procedures and forms and reporting requirements. Interest earned from grant funds held in an interest-bearing account must be reported at least quarterly along with the monthly billing/report.
Computation of Error
The Department reserves the right to correct or return to the Provider for correction any documents with mathematical or computational errors in payment subtotals or total contractual obligation.
VIII. Special Conditions
- The Provider will respond to a request by the Department for additional or supplemental information within the timeframe specified in the written request for information.
- The Provider Manager will act as the duly authorized representative of the Department to facilitate the information flow between the Department and the Provider. The information required by the provisions of this Agreement must be routed to the Provider Manager unless otherwise specified within the provision contained in the Program Manual.
The Provider Manager is the contact person to request technical assistance and/or to initiate dispute resolution. Requests for modification to the Provider's approved request for funding or Exhibits and requests for exception to contract requirements must be made in writing to the Provider Manager.
- Failure of either party to insist on performance of any term or condition of this Attachment or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right, or privilege.
- The Provider, excluding Earnfare Providers which do not receive administrative funds, must develop linkages and coordination of service delivery with other service providers, as appropriate, to ensure that the needs of the customer are met. The Provider's service system must build on the assets of each customer served by increasing the capacity to achieve and maintain self-sufficiency to the maximum extent possible.
- The Provider will not give or receive compensation or make financial arrangements with employers for hiring or retaining customers.
- The Provider is prohibited from imposing fees, penalties or fines on customers for any reason.
- The Provider is prohibited from assigning customers to participate in political activities during the term of this Agreement.
- The Provider shall not require customers to engage in any religious activities while assigned to any of the activities under this agreement.
- The Provider will ensure that customers are adequately supervised, as defined in the Program Manual, and that the physical environment is appropriate and safe and meets all applicable standards set by State and Federal laws, rules and regulations.
- The Provider is responsible for ensuring that funds are spent only on individuals eligible for services under the conditions of this Agreement.
- The Provider will not duplicate services. The Provider will not exchange customers between this Agreement and any other Departmental contractual Agreement without the approval of the FCRC liaison. There will be no payment for duplications under this Attachment. There will be no payment for exchanges without a signed and dated Referral Form from the Department.
- Nothing in this Attachment shall prevent the Provider from performing similar services for other parties. However, the Provider warrants that at no time will the compensation paid by the Department for services rendered under this Attachment exceed the rate the Provider charges for the rendering of similar services elsewhere.
- In the event the Provider, its parent or related corporate entity becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on the ability to perform under this Agreement, the Provider will immediately notify the Department in writing. Failure to notify the Department constitutes a breach of this Agreement that can result in immediate termination.
- The Provider will provide the Department with written notification of negative incidents involving or impacting customers within 48 hours. The Department will assume no responsibility for the inappropriate conduct of participants. The Provider has the right to pursue legal remedies against participants for misdeeds with no involvement on the part of the Department.
- If the Department identifies or becomes aware of legal violations or alleged improprieties, the Department will remove the participants from the premises of the Provider and/or the Provider's subcontractor(s). The Department may withhold payments without notice.
- The Provider will attend meetings held by the Department to discuss issues related to the Agreement and/or the contracting process and will require appropriate project staff to attend Department arranged training sessions.
- The Department will provide the Provider with training on: policy and program requirements; billing processes; participant referral process; use of Department forms; issuance and authorization of supportive services; and, fiscal monitoring process/expectation. Thereafter, the Department will provide the Provider with technical assistance at the Provider's request.
- The Provider will establish procedures to train new hires on Department policy and procedures.
- Generally accepted accounting principles will be used. Within the total amount of the budget, the Provider may adjust any line item in the contractual budget not to exceed 10%. A change in a budget line item above 10% must be requested of and approved in writing by the Department.
- The Department will evaluate the Provider's outcomes against those stated in the Program Manual. Unsatisfactory outcomes may affect funding.
- All contractors must have a community outreach plan which includes a detailed description for notifying the community of the program, hours of operation, and admittance/eligibility requirements into the program(s) they administer for IDHS. Each contractor must have available for inspection linkage agreements or memorandums of understanding with other community services agencies, IDHS FCRCs, and other outreach entities. IDHS must approve any publication and distribution of flyers, printed materials and brochures that are part of the IDHS funded program. All contractors must have a referral process that assists program participants with enrollment into public benefit programs such as TANF, SNAP benefits, KIDCARE, medical and disability assistance, as well as other resources that address the needs of the population targeted for service.
- FUNDING RESERVE
- Reductions in Amounts Payable: The amount(s) payable, or estimated amount(s) payable, to vendor/provider under the agreement and this attachment may be subject to a reduction as necessary advisable, based upon actual or projected budgetary considerations, at the sole discretion of the Department of Human Services.