HomeMy WebLinkAboutContract 26306 STATE OF TEXAS §
CITY SECRETARY;6301�
COUNTIES OF TARRANT § CONTRACT NO.
AND DENTON
CITY OF FORT WORTH PROVIDER AGREEMENT
THIS contract is entered into by and between the City of Fort Worth ("City"), a
home-rule municipality in the State of Texas, acting through Charles R. Boswell,
its duly authorized Assistant City Manager, and Day Care Association of Fort
Worth and Tarrant County ("vendor"), acting through John A. Whitcamp, its duly
authorized Executive Director. This contract entered into with specific reference to
a grant agreement between City and Texas Workforce Commission ("TWC") for
the transfer of funds, on file with the State of Texas as Child Care Transfer
Expenditures Contract, Uniform Contract Number 03090T02.
The term of the contract will cover the time period beginning September 1,
2000 and ending August 31, 2001.
Vendor will provide child care services for families certified as"At Risk"
for direct child care. At Risk, according to Title VI of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORA) for the Child Care
Development Programs, describes families whose parents are working and need
child care to keep their jobs. Their income must be at or below 150% of Federal
Poverty Income Limit. They must pay a parent fee, based on their income and they
must not be receiving Aid to Families with Dependent Children (AFDC).
Vendor agrees to provide services, contingent upon approval and receipt of
adequate funding for the Title VI At-Risk Child Care Program of the Texas
Workforce Commission. This contract is subject to availability of Local, State, and
Federal funds. If funds are unavailable or reduced, written notice will be given of
termination, payment suspension, or funding reduction.
Vendor agrees to provide the Child Care Management System (CCMS)
with the proper information and documentation to allow the CCMS to determine
the eligibility and the proper Unit Rate for each child. CCMS will be responsible in
charging the proper Unit Rate per child. The Unit Rate will be determined by the
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rate established by the Local Workforce Development Board (LWDB). The LWDB
uses the current Child Care Management System (CCMS) Maximum Rate for
Tarrant County.
Vendor will receive 100% reimbursement for services rendered to At-Risk eligible
children from Child Care Management System (CCMS), not to exceed $122,397.
The terms outlined in Title VI of Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) for the Child Care Development Programs
allow cities to use local funds allocated for child care as a match to access
additional federal funds to provide additional child care services. For the purposes
of this agreement, Community Development Block Grant (CDBG) will be used as
the local match.
The City will disburse CDBG monies as the local match an Amount up to
$48,261 to Work Advantage on a reimbursement basis following receipt of a
monthly report of certified "At-Risk" children. Work Advantage will reimburse
the CCMS the local match (39.43%).
The City and the vendor further agree to abide by the following terms of this
contract, herein referred to as "agreement" or "contract" :
1. Either party may end this agreement immediately if the parties are unable or
unwilling to make amendments to the agreement which may become
necessary to continue the agreement because of:
A change in state or federal laws;
- A reduction in or exhaustion of available state or federal funds;
A change in TWC or other requirements.
Any obligations incurred by either party before the termination date of this
agreement must be met. Termination of this agreement does not release the
vendor from the requirement to keep records and allow access to records for
three years and 90 days.
2. This agreement may be canceled by mutual consent. If such mutual consent
cannot be attained, the vendor or City may give thirty (30) days written
notice to the other party and this agreement shall be terminated upon the
expiration of the thirty (30) day period. This provision does not rule out
immediate termination allowed in paragraphs 1 and 2.
3. The vendor will carry a minimum of $200,000 per occurrence of liability
insurance for the entire time period covered by the agreement. The vendor
will indemnify City for claims of injury resulting from the vendor's
provision of child care under this agreement.
4. Child care programs administered by independent school districts, including
pre-kindergarten programs, by a state college or university or by the federal
government are exempt from the liability insurance requirements cited in
paragraph 4 above (40 TAC §10.3445).
5. The vendor accepts as payment in full the approved rate(s) for care and
transportation as described in this agreement, for authorized enrollment days,
reduced by the assessed parent fee amount or child care subsidies (where
applicable) and any previous overpayment(s).
The vendor accepts as payment in full the authorized inclusion assistance
rates reduced by the assessed parent fee amount or child care subsidies
(where applicable) and any previous overpayment(s) as described in this
agreement. The vendor is authorized by City to receive additional
reimbursement only for individual children that the City and vendor agree
need extra adult assistance. The amount of the inclusion assistance rate
(150% or 190%) is based on the amount of assistance needed and is
determined by City.
6. The vendor must comply with applicable local/state licensing and
registration requirements.
• The vendor must have a valid license (provisional or permanent) or
registration in order to become a vendor.
• The license or registration must be maintained at all times during this
agreement.
7. The vendor must have a valid agreement prior to receiving City of Fort
Worth children and will only be paid for delivering child care services on or
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after the effective date and on or before the termination date of the
agreement. To be valid:
• This agreement must be signed and dated prior to or on the effective
date of the agreement.
• A new agreement must be completed if the vendor receives a new
license.
• The agreement may not cover any period of time where the vendor
does not have a valid license or registration such as during the
application phase that licensing allows.
• The vendor must be insured as required in paragraph 4 (note exception
in paragraph 5).
8. This agreement authorizes the placement of City of Fort Worth children only
in the specific facility at the specific location identified on this agreement.
• The vendor may not transfer the vendor agreement to any other entity,
facility or location.
• The vendor may not move City of Fort Worth children to another
facility without the prior approval and consent of City.
• The vendor may submit bills only for authorized City of Fort Worth
children under City authorized conditions.
9. The vendor must inform City prior to changes in:
- the name of the facility;
- ownership, governing body or corporate status;
- the contact person;
- the location/address of the facility;
- the conditions or status of the license or registration;
- scheduled holidays;
- hours of the program;
- ages of the children served;
- published rates and/or fees;
- transportation policies;
- liability insurance coverage; or
- any other changes to child care services provided.
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• The vendor must inform City immediately of any anticipated changes
that will affect the terms of this agreement or the nature of the child
care services provided.
• Failure to inform the City about any of these changes before their
occurrence may result in adverse actions against the vendor.
10. Adverse actions against the vendor include but are not limited to:
- suspension, termination or non-renewal of the agreement;
- the closing of intake;
- removal of City referred children;
- temporary withholding of payments;
- non-payment for child care services delivered; and
- recoupment of funds paid to the vendor.
• City will terminate this agreement if:
the vendor loses its license or registration status;
- the vendor is not insured as required.
• City may terminate this agreement if-
- serious corrective or adverse action(s) are taken by the state-
licensing agency;
- there are continued non-compliances with state or local
licensing requirements;
- there are continued non-compliances with vendor requirements;
or,
- an owner or employee of the vendor is convicted of fraud.
• The vendor will not receive payment for any child care services
provided during any time period not covered by:
a current license or registration,
- the required amount of liability insurance, or
a current agreement.
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• The vendor will also not receive payment for any child care services
provided for any child on any day that the number of children
attending exceeds the license/registered capacity of the facility.
11. All children must be treated fairly and equitably regardless of race, color,
national origin, age, sex, disability, political beliefs, type of facility or
religion. Parent choice will be honored in determining child care
arrangements to the extent required by the funding source for the
parent/child involved.
12. The vendor will comply with Title VI of the Civil Rights Act of 1964 (Public
Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-
112), The Americans Disabilities Act of 1990 (Public Law 101-336), the
Health and Safety Code Section 85.113 (relating to workplace and
confidentially guidelines regarding AIDS and HIV), and all amendments to
each, and all requirements imposed by the regulations issued pursuant to
these acts. In addition, the vendor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code. These provide in part that no persons
in the United States shall, on the grounds of race, color, national origin, sex,
age disability, political beliefs or religion be excluded from participation in,
or denied, any aid, care, service or other benefits provided by federal and/or
state funding, or otherwise be subjected to discrimination.
The vendor will not discriminate against children with disabilities. The
vendor will also not discriminate against children with AIDS. The vendor
will comply with the Health and Safety Code Section 85.113 by adopting
and implementing HIV/AIDS workplace guidelines for employees and
clients; by providing educational programs for employees and clients; and,
by developing and implementing guidelines regarding confidentially of
HIV/AIDS related medical information for employees and clients served.
13. The vendor will comply with the requirement of the Immigration Reform
and Control Act of 1986 regarding employment verification and retention of
verification forms for any individuals hired on or after November 6, 1987,
who will perform any labor or services under this agreement.
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14. The vendor must inform appropriate vendor staff of all relevant requirements
in this agreement and the Vendor Manual in order to maintain compliance.
Executed this •12 day of at.,49. , 2000.
Attest: CITY OF FORT WORTH
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( Cit Secretary
0, - da Charles R. Boswell
Contract Authorization Assistant City Manager
Date
Approved for Form and Legality:
City torney
Jo A. Whitcamp
Executive Director
Day Care Association of
Fort Worth and Tarrant
County
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STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared John A. Whitcamp, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the Day Care Association of Fort Worth and Tarrant County and that he executed the same as
the act of said Day Care Association of Fort Worth and Tarrant County the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� `� day of A.D.
� Uri 2000.
ROBERT E.DUKE, A.
" MY COMMISSION EXPIRES
° .� November 4,2003
Notary Public in d r
the State of Texas
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Charles R. Boswell, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the City of Fort Worth for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19 41n day of A.D.
2000.
Notary Public in and for
ir� ''vfr. PATRICIA A. GARCIA the State of Texas
`F* NOTARY PUBLIC
A State of Texas
Comm. Exp.03-31-2001
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City of Fort Worth, Texas
4vagor and Council co"Insunication
DATE REFERENCE NUMBER LOG NAME PAGE
9/26/00 **C-18245 13CHILD 1 of 2
SUBJECT ACCEPTANCE OF ADDITIONAL FUNDING AND CONTRACTS WITH SERVICE
PROVIDERS FOR THE TEXAS WORKFORCE COMMISSION TITLE VI AT-RISK
CHILD CARE DEVELOPMENT FUND
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Approve the acceptance of grant funds in an amount up to $461,875 from the Texas Workforce
Commission (TWC) in Fiscal Year 2000 (September 1, 2000, through August 31, 2001) of the Title
VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for
the Child Care Development Program; and
2. Execute contracts with the following organizations to provide additional child care services,
contingent upon approval and receipt of adequate funding from the Texas Workforce Commission of
the Title VI Child Care Development Program. All contracts will begin September 1, 2000, and end
August 31, 2001:
a) YWCA of Metropolitan Fort Worth in an amount not to exceed $141,334; and
b) Clayton Child Care Services in an amount not to exceed $56,349; and
c) Day Care Association of Fort Worth and Tarrant County, Inc. in an amount not to exceed
$122,397; and
d) YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621; and
e) Fort Worth Housing Authority, for the AMAKA Learning Center in an amount not to exceed
$28,174.
DISCUSSION:
The terms outlined in Title VI of the PRWORA for the Child Care Development Program allows cities to
use local funds allocated to child care services as a match to access additional federal funds to provide
additional child care services.
For purposes of this program, Community Development Block Grant (CDBG) funds are considered to
be "local funds". The amounts requested are determined by a formula based on CDBG funds being
spent on At-Risk child care during the period September 1, 2000, through August 31, 2001.
The City will participate in this local initiative agreement in collaboration with the TWC in order to
access $461,875 in additional child care funding for providers serving the City. In this agreement, the
child care providers will receive 100% reimbursement for services rendered to At-Risk eligible children
from the Child Care Management System (CCMS), not to exceed $461,875.
City of Fort Worth, Texas
"Allow And CouncilCommunication
DATE REFERENCE NUMBER LOG NAMEGE
r
9/26/00 **C-18245 13CHILD 2 of 2
SUBJECT ACCEPTANCE OF ADDITIONAL FUNDING AND CONTRACTS WITH SERVICE
PROVIDERS FOR THE TEXAS WORKFORCE COMMISSION TITLE VI 'AT-RISK
CHILD CARE DEVELOPMENT FUND
In this transfer agreement, the TWC will reimburse the CCMS the federal share (up to $279,758) and
the City will reimburse Work Advantage the local share (up to $182,117) of expenditures. The City will
designate up to $182,117 of CDBG funding as the local match.
In this local initiative agreement with the state, the City will not be the recipient of any federal funds (up
to $179,758) from the state. The City will use a portion of each child care providers CDBG grant to
provide the local match.
Each agency is responsible for the following amounts of the local share:
a) YWCA of Metropolitan Fort Worth in an amount not to exceed $55,728; and
b) Clayton Child Care Services in an amount not to exceed $22,218; and
c) Day Care Association of Fort Worth and Tarrant County, Inc. in an amount not to exceed
$48,261; and
d) YMCA of Metropolitan Fort Worth in an amount not to exceed $44,801; and
e) Fort Worth Housing Authority, for the AMAKA Learning Center in an amount not to exceed
$11,109.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
CB:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 APPROVED
ED
Originating Department Head: CITY COUNCIL
Joe Paniagua 6168 (from) SEP 26 2000
GR76 539110 013206101920 $22,218.00
Additional Information Contact: GR76 539110 013206101910 $44,801.00
GR76 539110 013206101880 $55,728.00
GR76 539110 013206101890 $48,261.00 City Secretary o[the
city7f Fart Wart,T2:Y:iS
Deidra Emerson 7563 1 GR76 539110 013206101900 $11,109.00