6-3202600043 Att 6 TAS Agreement.docx

Attachment 6- 3202600043 Sample TA Provider and Employer Technical Assistance Services Agreement

____________________, (“Employer”) and _________________ (“Technical Assistance (TA) Provider”), under Contract (TWC Contract Number [__________ ] under TWC RFP 3202600043 Employer Child Care Solutions) with the Texas Workforce Commission (TWC) to provide Technical Assistance Services to Employers exploring how to meet the child care needs of their employees, including the development of Employer-Supported Site-Based Child Care, enter into this Technical Assistance Services Agreement (“Agreement”) for the provision of Technical Assistance (TA) Services by TA Provider to Employer. Employer and TA Provider will collectively be referred to as Parties.

Section 1. Contact Information.

Employer (including the lead entity if a Consortium of Employers):

TA Provider:

If Employer is an Employer with more than one business location in the State of Texas with Texas employees or a Consortium of multiple Employers with Texas employees, and if Employer is requesting TA Services for more than one location, list physical addresses of Employer locations receiving services:

Section 2. Technical Assistance (TA) Services Provided.

TA Services to be provided by TA Provider to Employer under this Agreement include those TA Services on the attached Texas Workforce Commission Task Order (Attachment A to this Agreement) that are initialed and executed by both Parties and approved and fully executed by TWC.

Section 3. Cancelation of Agreement.

Either Employer or TA Provider may cancel this Agreement at any time, with written notice to the other Party and TWC. TWC will not pay for partial completion of a TA Service provided under this Agreement.

Section 4. Certifications.

1. TA Provider and Employer agree that the services to be provided include those indicated in Section 2, TA Services Provided, in this Agreement.

2. TA Provider and Employer certify that the initialed TA Services in Attachment A to this Agreement excludes any TA Services that have been or are being performed for Employer within the past twelve (12) months or that Employer has already budgeted for or has paid for with its own funding prior to the execution of the Agreement.

3. TA Provider and Employer understand and agree that, if an Employer has more than one business location in the State of Texas, TWC may fund TA Services for all, some, or none of the locations.

4. TA Provider and Employer certify that all information submitted is subject to and will be handled in accordance with the Texas Public Information Act, Government Code, Chapter 552. This Act allows the public to have access to information in the possession of a governmental body. Therefore, any confidential or proprietary information contained within any correspondence, assessments, reports, plans, or studies must be clearly identified. Proprietary information identified in advance will be kept confidential by TWC to the extent permitted by state law.

5. TA Provider and Employer certify their understanding related to record retention: All information submitted must be retained by TWC for the period of seven (7) years after completion of the final deliverables for the approved TA Services as specified in TWC’s record retention schedule created under Texas Government Code, Chapter 441. The information may not be returned to the Employer or TA Provider that submitted it during the retention period.

6. TA Provider and Employer certify their agreement with and understanding that Texas Government Code, Chapter 552, gives individuals the right to access government records and prohibits an officer for public information or the officer's agent from asking why the requestor wants the records. All government information is presumed to be available to the public. However, some types of governmental information may be subject to an exception to the rule that public information must be released when requested. Governmental bodies must promptly release requested information if the information is not confidential or the governmental body has not properly requested an exception. Public Information requests may be mailed or delivered in person to: Texas Workforce Commission, Open Records, 101 E. 15th St., Room 266, Austin, TX 78778-0001. They may also be submitted via e-mail to open.records@twc.state.tx.us, or via fax to 512-463-2990.

7. TA Provider and Employer certify their understanding that they must start the first TA Service within thirty (30) days after Task Order approval by TWC.

8. TA Provider and Employer certify their understanding that the final deliverables that are either a study, report, assessment, or plan for the approved TA Services will require the two (2) parties to collaborate to finalize and that the final deliverables must be completed and provided to the Employer by the Services Completion Date.

9. TA Provider and Employer acknowledge that TWC will pay TA Provider for each TA Service completed with the final deliverable provided to Employer by the Services Completion Date in the TWC-approved Task Order attached to this Agreement. Completion means that a copy of the final study, report, assessment, or plan for the TA Service(s) has been provided to Employer and TWC, and that Employer provides to TWC verification of receipt of the final study, report, assessment, or plan prior to payment being made.

10. TA Provider and Employer certify that they will execute this Agreement and complete the Task Order and return both to TWC within three (3) business days of execution, and that no TA Service will start for which TWC will pay until TWC approves and executes the Task Order.

Section 5. Signature.

Signing Authority. The person signing this Agreement on behalf of each Party hereby warrants that he/she has been fully authorized to:

1. execute this Agreement on behalf of Employer or TA Provider, and

2. validly and legally bind Employer or TA Provider to all the terms, conditions, performances, and provisions of this Agreement.

3202600043 Employer Child Care Solutions