INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE … · coordinated, social services (89 111. Adm. Code § 310.10), including the Supplemental Nutrition Assistance Program ("Food Stamp

INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN

THE ILLlNOlS DEPARTMENT OF HUMAN SERVICES AND

THE l l l lNOlS STATE BOARD OF EDUCATION REGARDING DIRECT CERTIFICATION AND DIRECT VERIFICATION

This Intergovernmental Agreement (the "Agreement") is hereby made and entered into as of the date of execution by and between the Illino~s Department of Human Services (hereafter ''DHS") and the lllrnois State Board of Education (hereafter "ISBE") (collectively, the "Parties" and each a "Party"), pursuant to and as authorized by the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265), Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) ("School Lunch Act"), and the suppiemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 5 201 1 et seq.) ("Food Stamp Act").

WHEREAS, ISBE is the state agency in Illinois responsible for ensurlng that educational services are provioed to all eligible children in lll~nois (105 ILCS 5/1A-4), and administering the Nationa! School Lunch Program ("NSLP") (42 U.S.C. § 1751 et seq., 7 C.F.R. $j 210 et seq., 105 ILCS 125/0,05 et seq.), the School Breakfast Program ("SBP") (42 U.S.C. $j 1773, 7 C.F.R. § 220 et seq., 105 ILCS 125/0.01 et seq.), and the Special Milk Program (42 U.S.C. $j 1772. 7 C.F R. § 21 5 et seq., 505 ILCS 95fl et seq.) in Illinors;

WHEREAS, DHS is the state agency in Illinois that provides an array of comprehensive, coordinated, social services (89 111. Adm. Code § 310.10), including the Supplemental Nutrition Assistance Program ("Food Stamp Program") established under the Food Stamp Act (7 U.S.C. 5 201 1 et seq., 7 C.F.R. 3 271.1 et seq., 305 lLCS 5112-4.4 et seq.) and the Temporary Assistance to Needy Families ("TANF") Program (42 U.S.C. 5 601 et seq., 45 C.F.R. 5 260.10 et seq., 305 ILCS 5!12-13.05); -

WHEREAS, Public Law 108-265 requires school districts to directly certify for free school meals any child who is a member of a household receiving assistance under the Supplemental Nutrition Assistance Program ("Direct Certification") and gives school districts the option of using data available from the Supplemental Nutrition Assistance Program, in addition to other means-tested programs specifled in the law, to verify eligibility for free or reduce-price meals ("Direct Verificatior~");

WHEREAS, Public Law 108-265 requires that each state agency that administers the school meals programs and the state Supplemental Nutrit~on Assistance Program agency must enter Into an agreement to establish Direct Certification and Direct Verification procedures and, specifically, cooperate in carrying out paragraphs (3)(F) and (4) of Section 9(b) of the School Lunch Act;

WHEREAS, DHS and lSBE are empowered under the Illinois Constitution (Ill. Const.. Art. Vll, Sec. 10) and the Intergovernmental Cooperation Act (5 ILCS 220!'1 et seq.) to contract with each other in any manner not prohibited by taw;

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows:

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Field Name Type knqth 1 ~ i r s t i a m e 1 Character * 10 LastName I Character , 14 ZipCode j Numerrc : 5 --- StreetAddress ' Character t ! 37 - -*--

, State Character 12 - ; City Character 2 1 f

s Gender i Character / I I _--"+̂.<--__ll-------TI

I Birthdate % Date > 10" I

, CaseNumber 1 Numeric / 13"

a Format = mmlddlyyyy. Slash characters are included in data. b Assumes dashes are not included in data.

3. The Direct CertificationNerification File will be provided by DHS to lSBE in an agreed upon secure method.

4. DHS shall advise and assist local Family Community Resource Centers ("FCRCs") regarding the Direct CertificationlDirect Verification process.

FCRCs will cont~nue to assist sponsors of the Child Nutrition Programs with the Direct Verification of SNAP and TANF benefits. Local FCRCs will verify for sponsors of the Child Nutrition Programs, upon request, a list of child(ren) with SNAP andlor TANF case identification numbers. The local FCRCs will respond to the sponsor directly with documentation if the ch~ld(ren) are or have received benefits through SNAP or TANF within 180 days of the date of the child's application for meallmilk benefits. This may be done by indicating "yes" or "no" on the list originally provided by the school. This process may occur at any time but sponsors are required to verify a sample annually by November 15.

Article Ill. ISBE Responsibilities

1. ISBE will create, install and maintain a secure electronic system for use by ISBE and Child Nutrition Program sponsors in compliance with all USDA rules and regulations for the purposes of Direct Certification/Direct Verification and assume all responsibilities related thereto, including all associated costs.

2. ISBE shall advise and assist Child Nutrition Program sponsors regarding the Direct CertificationIDirect Verification process by providing educational materials andlor in-service- training, as necessary.

Article IV. General Provisions

1. This Agreement shalt be effective upon the signing of this Agreement, and shall terminate on June 30, 20*10. Thereafter, this Agreement will be automatically renewed and extended for successive m e (1) year periods, unless a Party gives written notice to the other Party that it w~ll not renew at least ninety (SO) days prior to the expiratron of this Agreement.

2. Notwithstanding the funding provisions of this Agreement, in the event that DHS or ISBE

funding far this purpose is materially changed during the Term of this Agreement, the Party with the materral fund~ng change shall ~mmediate!y inform the other Party and the Parties shall negot~ate dillgently and in good faith to amend this Agreement to continue the servtces to the greatest extent possible

3. All notices or other correspondence required to be given to either Party pursuant to this Agreement shall be sent by facsimile or delivered or mailed to the following addresses:

fllinots State Board of Edu~at~on Illinois Departmeni of Human Services Title: D~vision Administrator Title: SNAP Accuracy Bureau Chief Nutrition Programs SNAP/TANF Divis~on 108 North F~rst Street 2036 S. M~chigan Avenue, 3" Floor Springfield, 1L 62777 Chicago, 11- 50616 Facsimile: (21 7) 524-61 24 Facsimile: (31 2) 793-3965

4. The Parties hereto shall attempt by negotiation to resolve any disagreements and misunderstandings between them pertinent to the implementation of this Agreement.

5. This Agreement shall be governed by, subject to and construed under the laws of the State of Illinois without regard to its conflrcts of law prov~sions.

6. No %aiver of any breach of this Agreement shall be held as a waiver of any other or subseqaen: breach.

7. This Agreement rriay be signed in counterparts, which shall together constitute the original Agreement. Signatures received by facsimile by either of the Parties shall have the same effect as original signatures,

8. Th~s Agreement, including the rights, benefits and duties hereunder, shall not be assignable by either Party without the prior written consent of the other Party.

9. This Agreement, as may be amended from time to time, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any other negotiations or agreements, whether written or oral.

10. Each Party represents and warrants to the other that this Agreement has been duly authorized, executed and delivered by and on behalf of each such Party, and constitutes the legal, valid and binding agreement of said Party.

11. Both Partres shall maintain books and records pertaining to this Agreement. Books and records, including rnformation stored in databases or other computer systems, shall be maintained by both Parties for a period of three (3) years followrng the expiration of the Term of thts Agreement. The record retention period shall be extended for the duration of any audit in prclgress during the Term. Books and records required to be maintained under this section shall be available for review or audit by representatives of both Parties, the Auditor General, and other governmental entities with monitoring authority, upon reasonable notice and during normal business hours, The Parties shalt cooperate fully with any such audit. No charges shall be imposed for audit or examination of either Party's books and records.

12. This Agreement may be amended only by a written instrument signed by both Parties

hereto.

13. In the event that any provision of thrs Agreement or the application thereof to any person or in any circumstances shall be determined to be invalid, u17lawfu1, or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful or unenforceable, shall not be affected thereby, and each remaining provision of th~s Agreement shall continue to be valid and may be enforced to the fullest extent permitted by law.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.

Illinois State Board of Education

ch)iStopher A. Koch, Ed.D State Superintendent of Education

Date

Darren ~eisbdfg General Counsel

Date ,

Date I %


THE ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES AND

THE ILLINOIS STATE BOARD OF EDUCATION REGARDING DIRECT CERTIFICATION AND DIRECT VERIFICATION

2012-37-004

This Intergovernmental Agreement (the "Agreement") is hereby made and entered into as of the date of execution by and between the Illinois Department of Healthcare and Family Services (hereafter "HFS") and the Illinois State Board of Education (hereafter "ISBE") (collectively, the "Parties" and each a "Party"), pursuant to and as authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. § 175 1 et seq.) ("School Lunch Act"), as amended by the Healthy, Hunger-Free Kids Act of 20 10 ("HHFKA) (Public Law 1 1 1-296).

WHEREAS, ISBE is the state agency in Illinois responsible for ensuring that educational services are provided to all eligible children in Illinois (1 05 ILCS 511A-4), and administering the National School Lunch Program ("NSLP") (42 U.S.C. 5 1751 et seq., 7 C.F.R. 5 210 et seq., 105 ILCS 12510.05 a sec~.), the School Breakfast Program ("SBP") (42 U.S.C. 5 1773, 7 C.F.R. 5 220 et seq., 105 ILCS 12510.01 et seq.), the Special Milk Program (42 U.S.C. 5 1772, 7 C.F.R. 5 215 et seq., 505 ILCS 9511 et g.), the Child and Adult Care Food Program ("CACFP") (42 U.S.C. 5 1766, 7 C.F.R. Part 226), - and the Summer Food Service Program ("SFSP) (42 U.S.C. § 1761, 7 C.F.R. Part 227, 105 ILCS 12610.0 1 et seq.) in Illinois ("Child Nutrition Programs");

WHEREAS, HFS is the state agency in Illinois that is responsible for providing healthcare coverage for adults and children who qualify for Medicaid along with an array of other comprehensive and coordinated healthcare and family services pursuant to the Illinois Public Aid Code (20 ILCS 220512205-5, 305 ILCS 511-1 et seq., 89 Ill. Adm. Code 101.1 - 160.160).

WHEREAS, the School Lunch Act (42 U.S.C. § 1751 et seq.) allows direct certification for free school meals for any child included in one of the means-tested programs specified in the law, including children eligible for medical assistance program established under Title XIX of the Social Security Act, both regular Medicaid and expanded Medicaid, and excluding Children's Health Insurance Programs (CHIP program under Title XXI) ("Direct Certification") and gives school districts the option of using data available from the Medicaid Program, in addition to other means-tested programs specified in the law, to verify eligibility for free or reduce-price meals ("Direct Verification");

WHEREAS, the School Lunch Act requires continuous improvement in the Direct Certification and Direct Verification of children who are eligible for free and reduced price mealslmilk through means- tested programs specified in the law, including Medicaid established under Title XIX of the Social Security Act, both regular and expanded Medicaid;

WHEREAS, the State plan for medical assistance ("State Plan") must provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the exchange of information necessary to certify or verify the certification of eligibility of children for free or reduced price breakfasts under the Child Nutrition Act of 1966 and free or reduced price lunches under the Richard B. Russell National School Lunch Act, using data standards and formats established by the Parties (42 U.S.C.A. § 1396a(a)(7)(A)(ii));

WHEREAS, the State Plan must provide that HFS may enter into an agreement with ISBE, as the State agency charged with administering the school lunch program established under the Richard B. Russell National School Lunch Act under which the State shall establish procedures to ensure that a child receiving medical assistance under the State Plan established under subchapter XIX, Chapter 7, Title 42 of the U.S. Code, whose family income does not exceed 133 percent of the poverty line (as defined in section 9902(2) of Title 42, including any revision required by such section), as determined without regard to any expense, block, or other income disregard, applicable to a family of the size involved, may be certified as eligible for free lunches under the Richard B. Russell National School Lunch Act and free breakfasts under the Child Nutrition Act of 1966 without further application (42 U.S.C.A. § 1396a(a)(7)(B)(i));

WHEREAS, the State Plan must provide that HFS and ISBE shall cooperate in carrying out paragraphs (b)(3)(F) and (b)(15) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq. (42 U.S.C.A. § 1396a(a)(7)(B)(ii)); and

WHEREAS, HFS and ISBE are empowered under the Illinois Constitution (Ill. Const., Art. VII, Sec. 10) and the Intergovernmental Cooperation Act (5 ILCS 22011 et seq.) to contract with each other in any manner not prohibited by law;


Article I. Mutual Responsibilities

1. Purpose. HFS and ISBE agree that the purpose of this Agreement is to set out the requirements and process for Direct Certification and Direct Verification as required by the Healthy Hunger-Free Kids Act of 2010 (Public Law 11 1-296). The Direct Certification and Direct Verification processes identify children in the means-tested program specified in the law for children receiving medical assistance under the State Plan established under subchapter XIX, Chapter 7, Title 42 of the U.S. Code, whose family income does not exceed 133 percent of the poverty line (as defined in section 9902(2) of Title 42, including any revision required by such section), as determined without regard to any expense, block, or other income disregard, applicable to a family of the size involved, for purposes of providing these children free mealslmilk under the Child Nutrition Programs.

2. Population. For purposes of Direct CertificationIDirect Verification under this Agreement, the "Target Population" is, children in Illinois between the ages of birth through and including age 21 who are receiving medical assistance under the State Plan established under subchapter XIX, Chapter 7, Title 42 of the U.S. Code, whose family income does not exceed 133 percent of the poverty line (as defined in section 9902(2) of Title 42, including any revision required by such section), as determined without regard to any expense, block, or other income disregard, applicable to a family of the size involved.

3. Direct Certification. Eligibility for free mealslmilk determined via Direct Certification is for free meals in all public schools in Illinois and in all nonpublic schools participating in the NSLP and/or SBP, or free milk in schools participating in the Special Milk Program, or free meals and/or snacks in day care centers or family day care homes participating in the CACFP and the SFSP. Direct Certification eligibility is in lieu of the Households' completion of the Household Eligibility Application for meal or milk benefits in participating schools or day care centerslhomes.

4. Coordination. HFS and ISBE shall coordinate internal and interagency procedures to facilitate, as necessary, the implementation of this Agreement.

5. Confidentiality. HFS, ISBE and contractors of either agency will protect the confidentiality of information concerning eligible recipients in accordance with all applicable Federal and State laws regarding such proprietary information, including but not limited to, the School Lunch Act (42 U.S.C. 5 1758(b)(2)(C)(iii)), the Family Education Rights and Privacy Act (20 U.S.C. 5 1232g), the Illinois Schools Student Records Act (105 ILCS 1011 et seq.), the Public Aid Code (305 ILCS 511 1-9), and the Social Security Act (42 U.S.C. 5 1396a(a)(7)).

6. Direct Verification. ISBE shall use provided data to conduct a state-level, electronic, Direct Verification process as allowable via USDA requirements.

Article 11. DHFS Responsibilities

1. HFS will develop, install and maintain computer programming to establish the Target Population for Direct CertificatiodDirect Verification and assume all responsibilities related thereto, including all associated costs.

2. Beginning as early as May 1, 2012 but no later than July 2012, DHFS will provide to ISBE monthly, on a date mutually agreed upon by both Parties, an electronic file of the Target Population ("Direct CertificationlDirect Verification File"). The Direct CertificationDirect Verification File shall be a fixed length column file, and will provide the following information:

a Format = mm/dd/yyyy. Slash characters are included in data. Data shall include only those individuals Age 22 (special education students who begin the school year at age 21, may complete the school year in which they turn age 22) or younger at the time each monthly Direct CertificationIDirect Verification File is provided. b Assumes dashes are not included in data.

3. The Direct CertificatiodDirect Verification File will be provided by HFS to ISBE in an agreed upon secure method.

Article 111. ISBE Responsibilities

1. ISBE will create, install and maintain a secure electronic system for use by ISBE and Child Nutrition Program sponsors in compliance with all USDA rules and regulations for the purposes of Direct CertificationDirect Verification and assume all responsibilities related thereto, including all associated costs.

2. ISBE shall advise and assist Child Nutrition Program sponsors regarding the Direct CertificationIDirect Verification process by providing educational materials and/or in-service- training, as necessary.


1. This Agreement shall be effective upon the signing of this Agreement, and shall terminate on June 30,2014. Thereafter, this Agreement will be automatically renewed and extended for successive one (1) year periods, unless a Party gives written notice to the other Party that it will not renew at least ninety (90) days prior to the expiration of this Agreement.

2. Notwithstanding the funding provisions of this Agreement, in the event that DHFS or ISBE funding for this purpose is materially changed during the Term of this Agreement, the Party with the material funding change shall immediately inform the other Party and the Parties shall negotiate diligently and in good faith to amend this Agreement to continue the services to the greatest extent possible.


Illinois State Board of Education Title: Division Administrator Nutrition Programs 100 North First Street Springfield, IL 62777 Facsimile: (2 17) 524-61 24

Illinois Department of Healthcare and Family Services Title: Director 20 1 S. Grand Avenue East Springfield, IL


5. This Agreement shall be governed by, subject to and construed under the laws of the State of Illinois without regard to its conflicts of law provisions.

6. No waiver of any breach of this Agreement shall be held as a waiver of any other or subsequent breach.

7. This Agreement may be executed in one or more counterparts, all of which shall be considered to be one and the same agreement, binding on all Parties hereto, notwithstanding that all Parties are not signatories to the same counterpart. Signatures received by facsimile or signatures contained in a Portable Document Format (PDF) document by either of the Parties shall have the same effect as original signatures.

8. This Agreement, including the rights, benefits and duties hereunder, shall not be assignable by either Party without the prior written consent of the other Party.



11. Both Parties shall maintain books and records pertaining to this Agreement. Books and records, including information stored in databases or other computer systems, shall be maintained by both Parties for a period of three (3) years following the expiration of the Term of this Agreement. The record retention period shall be extended for the duration of any audit in progress during the Term. Books and records required to be maintained under this section shall be available for review or audit by representatives of both Parties, the Auditor General, and other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. The Parties shall cooperate fully with any such audit. No charges shall be imposed for audit or examination of either Party's books and records.

12. This Agreement may be amended only by a written instrument signed by both Parties hereto.

13. In the event that any provision of this Agreement or the application thereof to any person or in any circumstances shall be determined to be invalid, unlawful, or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful or unenforceable, shall not be affected thereby, and each remaining provision of this Agreement shall continue to be valid and may be enforced to the fullest extent permitted by law.


Illinois State Board of Education

Christopher A. Koch, Ed.D State Superintendent of Education

Date

Darren Reisberg General Counsel

Illinois Department of Healthcare & Family Services

Julie Harnos Director

Date

Date


THE ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND

THE II-LINOIS STATE BOARD OF EDUCATION REGARDING DIRECT CERTIFICATION

This lntergovernmental Agreement (the "Agreement") is hereby made and entered into as of the date of execution by and between the lllinois Department of Children and Family Services (hereafter "DCFS") and the lllinois State Board of Education (hereafter "ISBE") (collectively, the "Parties" and each a "Party"), pursuant to and as authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) ("School Lunch Act"), as amended by the Healthy, Hunger-Free Kids Act of 201 0 ("HHFKA) (Public Law 11 1-296).

WHEREAS, ISBE is the state agency in Illinois responsible for ensuring that educational services are provided to all eligible children in lllinois (105 ILCS 511A-4), and administering the National School Lunch Program ("NSLP") (42 U.S.C. 5 1751 et seq., 7 C.F.R. § 210 et seq., 105 II-CS 12510.05 gt seq.), the School Breakfast Program ("SBP") (42 U.S.C. § 1773, 7 C.F.R. § 220 et seq., 105 ILCS 12510.01 et seq.), the Special Milk Program (42 U.S.C. § 1772, 7 C.F.R. § 215 et seq., 505 ILCS 9511 et seq.), the Child and Adult Care Food Program ("CACFP") (42 U.S.C. § 1766, 7 C.F.R. Part 226), - and the Summer Food Service Program ("SFSP) (42 U.S.C. § 1761, 7 C.F.R. Part 227, 105 ILCS 12610.01 et seq.) in Illinois ("Child Nutrition Programs");

WHEREAS, DCFS is the state agency in lllinois that provides an array of comprehensive and coordinated family and child placement services pursuant to the Children and Family Services Act (20 ILCS 50511 - 41);

WHEREAS, the School Lunch Act (42 U.S.C. § 1751 et seq.) allows direct certification for free school meals for any child include in one of the means-tested programs specified in the law, including foster children whose care and placement is the responsibility of an agency that administers a State plan under Part B or E of Title IV of the Social Security Act (42 U.S.C. § 621 et seq.) and foster children placed with a caretaker household by a court ("Direct Certification");

WHEREAS, the School Lunch Act requires continuous improvement in the Direct Certification of children who are eligible for free and reduced price mealslmilk through means-tested programs specified in the law, including foster children whose care and placement is the responsibility of an agency that administers a State plan under Part B or E of Title IV of the Social Security Act (42 U.S.C. § 621 et seq.) and foster children placed with a caretaker household by a court;

WHEREAS, DCFS and ISBE are empowered under the lllinois Constitution (Ill. Const., Art. VII, Sec. 10) and the lntergovernmental Cooperation Act (5 II-CS 22011 et seq.) to contract with each other in any manner not prohibited by law;


Article I. Mutual Responsibilities

1. Purpose. DCFS and ISBE agree that the purpose of this Agreement is to set out the requirements and process for Direct Certification as allowed by the School Lunch Act. The Direct Certification process identifies children in the means-tested program specified in the law for foster children whose care and placement is the responsibility of an agency that administers a State plan under

Part B or E of Title IV of the Social Security Act (42 U.S.C. 5 621 et seq.) and foster children placed with a caretaker household by a court for purposes of providing these children free mealslmilk under the Child Nutrition Progl-arr~s.

2. Population. For purposes of Direct Certification under this Agreement, the "Target Population" is, children in Illinois between the ages of birth through and including age 21 who are foster children whose care and placement is the responsibility of an agency that administers a State plan under Part B or E of Title IV of the Social Security Act (42 U.S.C. § 621 et seq.) and foster children placed with a caretaker household by a court.

3. Direct Certification. Eligibility for free mealslmilk determined via Direct Certification is for free meals in all public schools in Illinois and in all nonpublic schools participating in the NSLP andlor SBP, or free milk in schools participating in the Special Milk Program, or free meals andlor snacks in day care centers or family day care homes participating in the CACFP and the SFSP. Direct Certification eligibility is in lieu of the Households' completion of the Household Eligibility Application for meal or milk benefits in participating schools or day care centerslhomes.

4. Coordination. DCFS and ISBE shall coordinate internal and interagency procedures to facilitate, as necessary, the implementation of this Agreement.

5. Confidentialitv. DCFS, ISBE and contractors of either agency will protect the confidentiality of information concerning eligible recipients in accordance with all applicable Federal and State laws regarding such proprietary information, including but not limited to, the School Lunch Act (42 U.S.C. 5 1758(b)(2)(C)(iii)), the Family Education Rights and Privacy Act (20 U.S.C. § 1232g), the Illinois Schools Student Records Act (105 ILCS 1011 et seq.), the Public Aid Code (305 ILCS 511 1- 9), and the Social Security Act (42 U.S.C. 5 1396a(a)(7)).

Article II. DCFS Responsibilities

1. DCFS will develop, install and maintain computer programming to establish the Target Population for Direct Certification and assume all responsibilities related thereto, including all associated costs.

2. Beginning no later than September 201 1, DCFS will provide to ISBE monthly, on a date mutually agreed upon by both Parties, an electronic file of the Target Population ("Direct Certification File1'). The Direct Certification File shall be a fixed length column file, and will provide the following information:

a Format = mmlddlyyyy. Slash characters are included in data b Assumes dashes are not included in data.

3. The Direct Certification File will be provided by DCFS to ISBE in an agreed upon secure method.

4. DCFS shall advise and assist local placement agencies regarding the Direct Certification process.

Article Ill. ISBE Responsibilities

1. ISBE will create, install and maintain a secure electronic system for use by ISBE and Child Nutrition Program sponsors in compliance with all USDA rules and regulations for the purposes of Direct Certification and assume all responsibilities related thereto, including all associated costs.

2. ISBE shall advise and assist Child Nutrition Program sponsors regarding the Direct Certification process by providing educational materials andlor in-service-training, as necessary.


1. This Agreement shall be effective upon the signing of this Agreement, and shall terminate on June 30, 201 3. Thereafter, this Agreement will be automatically renewed and extended for successive one (1) year periods, unless a Party gives written notice to the other Party that it will not renew at least ninety (90) days prior to the expiration of this Agreement.

2. Notwithstanding the funding provisions of this Agreement, in the event that DCFS or ISBE funding for this purpose is materially changed during the Term of this Agreement, the Party with the material funding change shall immediately inform the other Party and the Parties shall negotiate diligently and in good faith to amend this Agreement to continue the services to the greatest extent possible.


Illinois State Board of Education Title: Division Administrator Nutrition Programs 100 North First Street Springfield, IL 62777 Facsimile: (21 7) 524-6124

Illinois Department of Children and Family Services Title: Director 406 East Monroe Springfield, lL 62701 -1 498


5. This Agreement shall be governed by, subject to and construed under the laws of the State of Illinois without regard to its conflicts of law provisions.

6. No waiver of any breach of this Agreement shall be held as a waiver of any other or subsequent breach.

7. This Agreement may be signed in counterparts, which shall together constitute the original Agreement. Signatures received by facsimile by either of the Parties shall have the same effect as original signatures.

8. This Agreement, including the rights, benefits and duties hereunder, shall not be assignable by either Party without the prior written consent of the other Party.



11. Both Parties shall maintain books and records pertaining to this Agreement. Books and records, including information stored in databases or other computer systems, shall be maintained by both Parties for a period of three (3) years following the expiration of the Term of this Agreement. The record retention period shall be extended for the duration of any audit in progress during the Term. Books and records required to be maintained under this section shall be available for review or audit by representatives of both Parties, the Auditor General, and other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. The Parties shall cooperate fully with any such audit. No charges shall be imposed for audit or examination of either Party's books and records.

12. This Agreement may be amended only by a written instrument signed by both Parties hereto.

13. In the event that any provision of this Agreement or the application thereof to any person or in any circumstances shall be determined to be invalid, unlawful, or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful or unenforceable, shall not be affected thereby, and each remaining provision of this Agreement shall continue to be valid and may be enforced to the fullest extent permitted by law.


Illinois State Board of Education Illinois Department of Children & Family Services

Christopher A. Koch, Ed.D State Superintendent of Education

Erwin McEwen Director

Date Date

Darren Reisberg General Counsel

Date

Documents

INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE … · coordinated, social services (89 111. Adm. Code § 310.10), including the Supplemental Nutrition Assistance Program ("Food Stamp