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HomeMy WebLinkAboutContract 33654 CITY SECRETARY CONTRACT NO. TARRANT COUNTY LOCAL WORKFORCE DEVELOPMENT BOARD FY 2006 NEG KATRINA TRANSPORTATION SERVICES CONTRACT COVER SHEET CONTRACT NUMBER: 06-NEG-TRAN-001 CONTRACT TYPE: Cost Reimbursement FUNDING SOURCE: NEG Katrina CONTRACT PERIOD: From May 1, 2006 To August 28,2006 FUNDED PROJECT/PROGRAM: Recipe for Success Transportation Services TOTAL FUNDING OBLIGATION NOT TO EXCEED: $80,000 Total NEG Katrina Funds $80,000 Total Funds $80,000 This contract is entered into by and among the TARRANT COUNTY LOCAL WORKFORCE DEVELOPMENT BOARD (TCWDB or the Board) and the CITY OF FORT WORTH (together herein referred to as the Contractor): Tarrant County Local Workforce Contractor: City of Fort Worth Development Board Address: 2601 Scott Avenue,Suite 400 Address: 1000 Throckmorton City: Fort Worth,Texas 76103-2303 City: Fort Worth,Texas 76102 Contact: Ms. Debby Kratky Contact: Ms. Leona Johnson Phone: 817/413-4418 Phone: 817/871-5775 Fax: 817/531-6754 Fax: 817/871-5776 E-Mail: debby.kratky@twc.state.tx.us E-Mail: leona.johnson@fortworQy v.or The Contractor agrees to provide early learning opportunity services in compliance with all applicable Federal and State laws, regulations, and rules, and in accordance with the provisions of this contract consisting of this Contract Cover Sheet and the following parts, which are hereby incorporated as part of this contract and constitute promised performances by the Contractor: Table of Contents Part A-General Contract Terms Part B- Line-Item Budget and Budget Back-Up Part C-Statement of Work Part D- Attachments Contract No.:06-CC-ELOA-001 Page 1 of 2 City of Fort Worth The parties agree that the programs provided under the herein above listed parts of this contract shall be administered pursuant to the Texas Workforce Commissions Financial Manual for Grants and Contracts. The Contractor hereby acknowledges that it has read and understands this entire contract. All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. The Contractor agrees to abide by all terms and conditions specified herein and certifies that the information provided to the Board is true and correct in all respects to the best of its knowledge and belief. The obligations of the Board under this contract are expressly contingent upon the availability of funds for such purpose, under the applicable federal, state and/or other sources. This contract shall not be binding until expressly approved by the Executive Director of the Board, or the Executive Director's designee. APPROVED: TARRANT COUNTY LOCAL WORKFORCE DEVELOPMENT BOARD CITY OF FORT WORTH Judy Mc nald Libby Watso Executive Director Assistant City Manager Date: Date: G- )-/- v APPROVED AS TO t= RM A' LEGALITY: ASSISTANT CIV ATTORNEY Attested By. � Marty Hend Con"r4oC Akuthorizatioa City Secretary — I czaL Date Contract No.:06-CC-ELOA-001 i;N '; 'o + ja Page 2 of 2 City of Fort Worth CITY SECRETARY CONTRACT NO. TARRANT COUNTY LOCAL WORKFORCE DEVELOPMENT BOARD GENERAL TERMS FOR CONTRACT WITH TARRANT COUNTY LOCAL WORKFORCE DEVELOPMENT BOARD Contract No. 06-NEG-TRAN-001 SECTION 1-PARTIES TO CONTRACT The Tarrant County Local Workforce Development Board, herein referred to as "the Board" and City of For Worth herein referred to as "the Contractor", have made and entered into this contract which, together with the documents attached and/or incorporated by specific reference, constitutes the entire agreement between the parties,and is herein referred to as"the Contract". SECTION 2-CONTRACT PERIOD The period for performance of this Contract shall commence June 1, 2006 and shall terminate August 28, 2006, unless otherwise provided for in the Statement of Work. SECTION 3-CONTRACT FUNDING Total Federal funding obligated by the Board to be paid to the Contractor shall not exceed$80,000. SECTION 4-LEGAL AUTHORITY 4.1 The Board is the designated agency of the Tarrant County Workforce Development Area to implement: • the Workforce Investment Act of 1998 [WIA] (29 USC§2801 et seq.), • the Wagner-Peyser Act(29 U.S.C. §49 et seq.), • portions of the public assistance programs under the Social Security Act(42 U.S.C. §301 et seq.),and • the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [PRWORA] (7 U.S.0 §201.1,et seq.). • the Health and Human Services,Administration for Children and Families 4.2 The Board is responsible, under these legal authorities, for administering an integrated workforce development system, including job training, employment, employment-related educational programs, and the unemployment compensation insurance program. 4.3 The Contractor represents and guarantees that it possesses the legal authority to enter into this Contract, receive the funds authorized by this Contract and to perform the services the Contractor has obligated itself to perform under this Contract. Whenever applicable, the Contractor shall comply with appropriate federal and state licensing or certification requirements. 4.4 Each person signing this Contract on behalf of the Board and the Contractor hereby warrants that he/she has been fully authorized by the Board and the Contractor to execute this Contract on behalf of the Board and the Contractor and to validly and legally bind the Board and the Contractor to all the terms,performances and provisions herein set forth. r` 421 T�SVVA��U Contract No. 06-NEG-TRAN-001 Rx A-1 City of Fort Worth 06-21-0 6 IN �� �rVIEo 4.5 If Contractor is a Texas Corporation, either for profit or non-profit, Contractor shall provide (1) a Certificate of Existence from the Secretary of State; and (2) a Certificate of Account Status from the Comptroller of the State of Texas. If Contractor is a foreign corporation qualified to do business within the State of Texas, Contractor shall provide (1) a Certificate of Authority from the Secretary of State authorizing it to do business within the State of Texas and (2) a Certificate of Account Status from the Comptroller of the State of Texas. If Contractor is a non-profit corporation having exempt status from federal income taxation, it must provide the appropriate Internal Revenue Service notice of exemption as well as an exemption letter from the Comptroller of the State of Texas granting exemption from State franchise taxes. SECTION 5-CONTRACT PERFORMANCE 5.1 Pursuant to the applicable authorities cited in this Contract and in compliance with all other terms and conditions required by this contract, the Contractor shall provide services in accordance with the provisions set forth in any Statement of Work attached here to as Part C and made a part hereof. 5.2 The Contractor shall comply with all federal, state and local rules and regulations pertaining to conciliation, good cause determinations, and hearings concerning recipients of services,and shall abide by the decisions rendered pursuant to such rules and regulation,subject to any statutory right of appeal. SECTION 6-INDEPENDENT CONTRACTOR 6.1 It is understood and agreed by both parties that the Board is contracting with the Contractor as an independent contractor,and that to the extent allowed by law,Contractor agrees to indemnify the Board against all disallowed cost or other claims which may be asserted by any third party occurring in connection with the services to be performed or administered by the Contractor under this Contract. 6.2 The Board may undertake or award other contracts for additional or related work. The Contractor and any other additional contractor shall fully cooperate and accommodate each other's work and activities related to such additional work. The Contractor shall not commit or permit any act,which will interfere with the performance or work by any other contractor or by the Board or its agents. 6.3 The Contractor shall notify the Board within ten (10) working days of the occurrence of any change in the Contractor's name, governing structure or organization, taxpayer identification number, and of any voluntary or involuntary actions in bankruptcy. SECTION 7-BOARD PERFORMANCE 7.1 The Board agrees to: 7.1.1 In accordance with Section 8 (Contract Liabilities) of this Contract, pay or reimburse the Contractor, in a timely manner, for authorized expenses incurred or services provided in accordance with specific grant awards or program contracts upon timely receipt of proper supporting documentation as specified in such grant awards or contracts, subject to the limitations set forth in Section 9.1. 7.1.2 Provide technical assistance to the Contractor as deemed necessary by the Board to provide for the effective and efficient administration of programs, to address any monitoring deficiencies, and assure quality delivery of services Contract No.06-NEG-TRAN-001 A-2 City of Fort Worth SECTION 8-CONTRACT LIABILITIES 8.1 In consideration of the Contractor's full and satisfactory performance of the services specified in the attached Statement of Work,the Board will pay the Contractor in an amount equal to the actual costs for specific programs incurred by the Contractor in rendering such performance, contingent upon the availability of funds for such purposes, as more fully described in Section 9 (Fiscal Administration) herein, and subject to the following limitations: 8.1.1 The Board shall not be liable for expenditures made in violation of the provisions of the legal authorities cited in this Contract,or any other law or regulation applicable to a specific program or service performed under this Contract. 8.1.2 Except as may be otherwise approved by the Board, the Board shall not be liable to the Contractor for costs incurred or performances rendered by the Contractor before commencement of this Contract or after termination of this Contract, except for the costs of close-outs and audit reports required pursuant to this Contract. Proposed closeout and audit costs shall be submitted to the Board for prior written approval. 8.1.3 After close-out of the contract, the Board shall not be liable for any costs incurred by the Contractor in the performance of this Contract, pursuant to 40 TAC §805.229 (The Close-out Process),which have not been billed to the Board within sixty(60)days following termination of this Contract. 8.2 Method of Payment and Expenditure Reports 8.2.1 The Board agrees to make payment in accordance with the Line-Item Budget, attached here to as Part B, upon receipt of a proper and verified statement of current and/or projected costs for services rendered under this contract, after deducting therefrom any advance payment or previous overpayment made by the Board, and conditioned upon the Contractor having submitted a completed Line-Item Budget and Budget Back-Up,attached here to as PartB. 8.2.2 The Contractor may request an advance based upon estimated allowable costs to be incurred by the Contractor during the period for which such advance is sought and which, if approved by the Board, shall be paid to the Contractor subject to Section 21 (Sanctions and Penalties) of this Contract. SECTION 9-FISCAL ADMINISTRATION 9.1 Availability of Funds Notwithstanding any other provisions of this Contract,it is understood and agreed by the parties hereto that the Board's obligations under this Contract are contingent upon actual receipt of adequate funds from federal and state sources to meet the Board's liabilities hereunder. 9.2 Limitation on Liability 9.2.1 The Contractor understands and agrees that it shall be liable to repay to the Board any funds not expended in accordance with this Contract or determined to be expended in violation of the terms of this Contract, and pursuant to the corrective action process detailed in Chapter 17 of the TWC Financial Manual for Grants and Contracts. The Contractor shall be liable for such funds and shall repay such funds even if the improper expenditure, if any,was made by a sub- contractor. Contract No. 06-NEG-TRAN-001 A-3 City of Fort Worth �� ';•�`J (�W9 � ��, 9.2.2 Pursuant to legislation, a member or former member of the Board may not be held personally liable for a claim, damage, loss, or repayment obligation of federal or state funds that arises from this Contract unless the act or omission that causes the claim, damage, loss, or repayment obligation constitutes official misconduct on the part of the Board Member, willful disregard of the requirements of this Contract on the part of the board member, or gross negligence on the part of the board member. 9.2.3 The Board may provide written notification to the Contractor in the form of either a unilateral letter of notification, with at least twenty (20) working days notice, or a bilaterally executed contract modification of intent to either obligate additional funds or to de-obligate funds previously obligated under this Contract. Provided, however, that in the event the Board de- obligates previously obligated funds, the Board shall be liable to Contractor for allowable costs incurred or performances rendered by the Contractor prior to the effective date of the unilateral letter of notification or the bilaterally executed contract modification. The Board shall not be liable to the Contractor for, and retains the right to unilaterally de-obligate any excess or erroneous funding obligations inadvertently indicated in any Statement of Work or Line-Item Budget, attached hereto and made a part hereof. De-obligation or re-obligation of funds shall be pursuant to Sections 2.02 and 12.04 of the TWC Financial Manual for Grants and Contracts. SECTION 10-ADMINISTRATIVE REQUIREMENTS 10.1 All business relationships between the Board and the Contractor shall conform to the administrative requirements found in: 10.1.1 any specific term or condition within this Contract, 10.1.2 the Office of Management and Budget (OMB) Circulars A-102 or A110 (as applicable), as supplemented by the Rules promulgated by the Office of the Governor under the Uniform Grant Management Standards(UGMS), 10.1.3 the TWC Financial Manual for Grants and Contracts,and 10.1.4 any directives specified by TWC issuances,except as otherwise specifically authorized by TWC in writing. 10.2 In the event of a conflict between such laws and regulations and the terms and conditions of this Contract,precedence shall be given to the laws and regulations. 10.3 This Contract is subject to the rights and responsibilities for charitable and faith-based providers set forth in Section 104 PRWORA. 10.4 Responsibility for disallowed costs and other liabilities under any specific program grant or contract between the Board and the Contractor will be as follows: 10.4.1 First Priority: The Contractor shall use available stand-in costs to resolve the disallowed costs or other liability to Board. 10.4.2 Second Priority: The Board shall recover funds from the Contractor and utilize such funds to retire the liability to TWC. 10.4.3 Third Priority: The Contractor shall recover funds from an insurance carrier or bond issuer and utilize such funds to retire the liability to Board. Contract No. 06-NEG-TRAN-001 A-4 City of Fort Worth SECTION 11-RETENTION AND ACCESSIBILITY OF RECORDS 11.1 The Contractor shall grant access and the right to examine, copy or mechanically reproduce,all reports, books, papers, documents, automated data systems and other records pertaining to any grant award or program contract awarded under this Agreement from Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.,excluding state or federal holidays or Contractor holidays. 11.2 Such rights to access shall continue as long as the Contractor retains the records. 11.3 Such rights of access and examination are granted to,as applicable,: 11.3.1 the United States Department of Labor, 11.3.2 the United States Department of Health and Human Services, 11.3.3 the United States Department of Education, 11.3.4 the United States Department of Agriculture, 11.3.5 the Comptroller General of the United States, 11.3.6 the General Accounting Office, 11.3.7 the Auditor of the State of Texas, 11.3.8 TWC, 11.3.9 other state and federal auditing agencies,or 11.3.10 any duly authorized representative of the above named agencies as deemed appropriate by the Board or TWC. 11.4 The Contractor shall maintain program records and financial management records, which support and document all expenditures of funds made under this Contract. The Contractor shall, for all of its activities under this Contract, maintain a recordkeeping system for all of its activities based on the retention and custodial requirements for records in the TWC Financial Manual for Grants and Contracts, and 40 TAC §805.212, as amended. This section shall not be interpreted to require maintenance of multiple exact duplicate copies of any record or document. 11.5 The Contractor shall retain all fiscal records and supporting documents for a minimum of three(3)years after final contract closeout, or for any greater period specified in the Statement of Work, attached here to as Part C. In the event there is an unresolved audit discrepancy at the end of such retention period, the records will be retained until the discrepancy is resolved. 11.6 The Board, and other oversight entities, as detailed in Section 11.3 above, in coordination with the Board, shall have the right to timely and reasonable access to the Contractor and its Subcontractors, existing for the purposes of accomplishing the goals of this contract, premises and personnel for the purpose of inspection, monitoring, auditing, evaluation, or interview and discussion, related to all records required to be retained under this Section. 11.7 The Contractor shall implement and maintain an information security system for all records and supporting documentation, with particular attention to the reasonable safeguard of confidential client data, in accordance with the TWC Information System Security Policy and Chapter 552 of the Texas Government Code. SECTION 12-CHANGES AND AMENDMENTS 12.1 Except as specifically provided by this Contract, alterations, additions, or deletions to the terms of this Contract shall be modified in writing and executed by both parties. Contract No. 06-NEG-TRAN-001 �f �5L J ��1.L A-5 City of Fort Worth ��, +,y`J �l�� TE"L 12.2 Any alterations, additions, or deletions to the terms of this Contract which are required by changes in federal or state law or by regulations are automatically incorporated into this Contract without written amendment hereto,and shall become effective on the date designated by such law or by regulation. SECTION 13-SUBCONTRACTS 13.1 If applicable, Contractor subcontracts must require all subcontractors to comply with all requirements, as covered in this Contract: 13.1.1 for retention and accessibility of records; 13.1.2 for non-discrimination and equal opportunity; 13.1.3 for prevention of fraud and abuse; 13.1.4 for prevention of conflicting interests; 13.1.5 for fiscal administration;and 13.1.6 for audits or evaluations. 13.2 If applicable, a charitable or faith-based organization is eligible to be a subcontractor to the Contractor on the same basis as any other private organization. As a subcontractor under this Contract, such an organization retains its control over the definition, development, practice and expression of its charitable or religious beliefs,except as provided by federal law. 13.3 If applicable, the Contractor agrees to submit notification to the Board of any subcontract or partnership agreement developed between the Contractor and a charitable or faith-based organization. 13.4 If applicable, the Contractor may enter into contracts, defined herein as written legal agreements with a sub-contractor that specify the terms and conditions for the provision of goods or services to be used by the Contractor or by participants in the Contractor's programs and which will be paid for with funds from this Contract. The term sub-contractor shall be defined as any organization, entity or individual that is awarded a contract under the Board's procurement standards and procedures,and may include a subrecipient or a vendor. The Board reserves the right to review and approve any and all sub-contracts prior to the Contractor formally agreeing to any level of service by a sub-contractor that may or will be paid for by funds provided to the Contractor under the terms of this Contract. 13.5 If applicable, except as specifically authorized by the Board in writing, in selecting Sub-contractors hereunder, the Contractor shall establish and adhere to a procurement system consistent with federal, state and local laws for the award and management of contracts. The Contractor in subcontracting any of the performances hereunder is not acting as an agent of the Board. 13.6 If applicable, the Contractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by the Contractor. All subcontracts shall be subject to all applicable federal and state laws. 13.7 If applicable, the Contractor shall not subcontract with any corporation that is unable to certify that either it is current in state franchise taxes, pursuant to Article 2.45, Texas Business Corporation Act, or that is a non-profit corporation. Prior to entering into a subcontract, Contractor shall require the subcontractor to certify that such subcontractor is current in Unemployment Insurance taxes, Payday and Child Labor law monetary obligations,Proprietary School fees and assessments, and has no outstanding Unemployment Insurance overpayment balance. Contract No. 06-NEG-TRAN-001 ���Ll } °� �`li� A-6 City of Fort Worth U 13.8 If applicable, when issuing requests for proposals,bid solicitations,press releases,statements,and other documents describing projects or programs funded in whole or in part with federal funds, all subcontractors shall state the projected dollar amount and projected percentage of the total costs of the program or project which will be financed with those federal funds, and the dollar amount and percentage of the total costs of the program or project which will be financed by nongovernmental sources. 13.9 If applicable, if any subcontract is subject to the requirements of Texas Family Code §231.006, the Contractor shall comply with the provisions of that statute. SECTION 14-RIGHTS IN DATA 14.1 The Board retains the non-exclusive, non-transferable, irrevocable, paid-up license to practice or have practiced, or reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly, by or on behalf of the Board any data,product or invention developed as result of this Contract or purchased or developed with funds from any Contract awarded by the Board to the Contractor. 14.2 Excluding copyrighted, licensed and public domain software purchased by Contractor, the Contractor grants to the Board and its designated representatives, unlimited rights to any data, databases or data processing program, regardless of form or media, first produced, developed, or delivered under the terms and conditions of this Contract. Such data includes recorded information regardless of form or media. 14.3 Upon termination of this Contract, whether for cause or convenience, all finished or unfinished documents, records, reports, photographs, etc. purchased or developed with funds awarded by the Board to the Contractor shall, at the option of the Board,become the property of the Board. In the event of such termination the Contractor may be requested to transfer title and deliver to the Board any property or products the Contractor has acquired or produced in performance of the Contract. 14.4 All data and rights necessary to fulfill the Contractor's obligations to the Board under this Contract must be secured and obtained from Contractor subcontractors for any data or rights purchased or developed with funds awarded under the terms and conditions of this Contract. If a subcontractor refuses to accept terms affording the Board such rights, the Contractor shall promptly bring such refusal to the attention of the Board. SECTION 15-PREVENTION OF FRAUD AND ABUSE 15.1 The Contractor shall establish and implement procedures for preventing, reporting, investigating, and taking appropriate legal and/or administrative action concerning any fraud, program abuse, possible illegal expenditures, unlawful activity, violations of law, or TWC or Board rules, policies, and procedures occurring under any funds awarded by the Board to the Contractor. 15.2 The Contractor shall require any member of the Contractor, Contractor staff, or Contractor subcontractor staff having knowledge of suspected fraud, program abuse, possible illegal expenditures, unlawful activity,violations of law or Board or TWC rules,policies and procedures occurring under any funds awarded by the Board to the Contractor to report such information to the Board Staff Member Contract No. 06-NEG-TRAN-001 gg -.� City of Fort Worth C+ U' � designated in Section 16.3 below no later than five (5) working days from the date of discovery of such act. 15.3 An Incident Report regarding such an act must be submitted to: Tarrant County Workforce Development Board Attn:Joe Warren 2601 Scott Avenue,Suite 400 Fort Worth,Texas 76103 15.4 The Contractor shall establish and implement reasonable internal program management procedures sufficient to ensure that its employees, participants, and subcontractors are aware of the TWC's Fraud and Program Abuse Hotline (1-800-252-3642) and that Hotline posters are displayed to ensure maximum exposure to all persons associated with or having an interest in the programs or services provided under this Contract. 15.5 Except as provided by law or court order, the parties to this Contract shall ensure the confidentiality of all reports of violations, as listed above. Neither the Contractor nor the Board shall retaliate against any person filing a report. 15.6 Upon review of submitted reports, the designated Board Staff Member may elevate the report to the appropriate State or Federal authority, accept the case for investigation and/or action at the local level, or return the case to the Contractor, or Contractor subcontractor,for action including,but not limited to, the following: 15.6.1 Further investigation; 15.6.2 Referral for prosecution under the Texas Penal Code,or other State or Federal laws;and/or 15.6.3 Other corrective action,as may be appropriate. 15.7 In such referral cases, the Contractor shall ensure that a final investigation closing report is submitted to the designated Board Staff Member after all feasible avenues of investigation and legal and/or corrective action have been taken. SECTION 16-PREVENTION OF CONFLICTING INTERESTS 16.1 In order to maintain the integrity of expenditure of public funds arising from grants or program services contracts subject to this Contract, conflicts of interest shall be avoided by both parties for all issues related to this Contract or any grant awarded by the Board to the Contractor. 16.2 No member of the Contractor may cast a vote on, or participate in any decision related to, the provision of services by such member, or any organization which that member directly represents, or on any matter which would provide direct financial benefit to that member, or any organization which that member directly represents. 16.3 No person shall participate in any decision relating to any subcontract which affects his/her personal pecuniary interest including,but not limited to: • members of the Contractor, • employees or subcontractors of the Contractor,or • persons who exercise any function or responsibility in the review or approval of the undertaking or carrying out of this Contract. Contract No. 06-NEG-TRAN-001 A-8 City of Fort Worth 16.4 The Contractor shall maintain on file, and make available for inspection by the Board, a statement submitted by each Contractor employee, subcontractor, or governing body member disclosing any interest, fact or circumstance which does or may present a potential conflict of interest. Such conflict of interest disclosure statements shall be updated,as circumstances require,but at least annually. The above paragraph shall serve as a minimum standard and shall not be construed as to limit the Contractor's authority for more restrictive governance to prevent real and/or apparent conflicts of interest. SECTION 17-NONDISCRIMINATION AND EQUAL OPPORTUNITY 17.1 Grant or Program Contract awards under this Contract must comply with the provisions of the following laws: 17.1.1 Titles VI and VII of the Civil Rights Act of 1964,as amended; 17.1.2 Section 504 of the Rehabilitation Act of 1973, as amended; 17.1.3 Title IX of the Education Amendments of 1972,as amended; 17.1.4 The Age Discrimination Act of 1975,as amended; 17.1.5 The Americans with Disabilities Act,as amended; 17.1.6 The Non-traditional Employment for Women Act of 1991,as amended;and 17.1.7 Applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act,as amended(233 U.S.C. §1251 et seq.). 17.2 The Board, the Contractor and its subcontractors shall make a good faith effort to ensure that the employees and personnel of the local workforce development system reflect the demographic composition of the local workforce development area,subject to the provisions of this Contract. 17.3 The Board, the Contractor and its subcontractors may not deny services under any grant or program contract to any person and are prohibited from discriminating against any employee, applicant for employment, or beneficiary because of race, color, religion, sex, national origin, age, physical or mental disability, temporary medical condition, political affiliation or belief, citizenship or his or her participation in any Workforce Investment Act (WIA) Title I-financially assisted program and/or activity. 17.4 The Board, the Contractor and any subcontractor, shall take appropriate steps to ensure that the evaluation and treatment of employees and applicants for employment are free from discrimination. 17.5 The Contractor shall make a reasonable effort to meet the state goal on subcontracts and supplier contracts to historically underutilized businesses certified by the State of Texas, as defined in Texas Government Code §2161.001, including any certified women or minority owned businesses or enterprises. 17.6 The Board has adopted Methods of Administration approved by the U.S. Department of Health and Human Services and the U.S. Department of Labor governing the Board's compliance with legal requirements concerning nondiscrimination and equal opportunity. The Contractor is responsible for adhering to the provisions of those Methods of Administration, as provided to each Contractor by the Board. Contract No. 06-NEG-TRAN-001 �, r.7 a� G+ �(�t A-9 City of Fort Worth SECTION 18-NON-ASSIGNMENT As provided in 20 CFR §627.420(h)(4)(ix), this Contract may not be assigned. Notwithstanding any attempt to assign the Contract, the Contractor shall remain fully liable on this Contract and shall not be released from performing any of the terms, covenants, and conditions of this Contract. The Contractor shall be held responsible for all funds received under this Contract. SECTION 19-TERMINATION OF CONTRACT 19.1 This Contract may be terminated in whole or in part,by the Board with sixty (60) days advance written notice whenever it determines that such termination is in its best interests or the interests of the local workforce development area. 19.2 This Contract may be terminated in whole by the Contractor with sixty (60) days advance written notice, whenever it determines that such termination is in its best interest or the interests of the local workforce development area. 19.3 Either party may terminate this Agreement for cause, pending completion of any reports or audits required by TWC or this Contract. Such termination shall be effective upon receipt of written notification of termination, provided no less than sixty(60) days in advance. 19.4 If the Contractor fails to provide services in accordance with the provisions of this Contract, the Board may issue written notice of default to the Contractor immediately terminating the whole or any part of this Contract. Such termination shall not be an exclusive remedy but shall be in addition to any other rights,sanctions and remedies provided by law or under this Contract. 19.5 Subject to Section 8 (Contract Liabilities) of this Contract, the Contractor shall cease to incur costs under this Contract upon termination or receipt of written notice to terminate,whichever occurs first. 19.6 If the Contract is terminated as provided herein,in addition to any other provisions,the Contractor shall transfer title and deliver to the Board any property, products, or transferable licenses the Contractor has acquired or produced in performance of this Contract,including contract or program records. 19.7 If federal or state laws or regulations should be amended or judicially interpreted to render continued fulfillment of this Contract by either party substantially unreasonable or impossible, or if the parties are unable to agree on an amendment to enable the substantial continuation of services under this Contract, then the parties shall be discharged from any further obligations under this Contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the effective date of contract close-out. 19.8 Notwithstanding the Board's exercise of its right of early termination, the Contractor shall not be relieved of any liability for damages due to the Board for proven damages. Upon termination, the Board shall pay all allowable expenses incurred by Contractor and any subcontractor pursuant to this Contract up to the point of termination. 19.9 Any notice required by either party under this Section 19 shall be by certified mail, addressed to the signatories of this Contract, or other designee so designated in writing at the address noted in Section 28.8 of this Contract. Contract No. 06-NEG-TRAN-001 A-10 City of Fort Worth SECTION 20-SANCTIONS AND PENALTIES 20.1 The Contractor acknowledges that failure of the Contractor to comply with any provision of this Contract, whether stated in this Contract or in any Federal or State statute or regulation,State Methods of Administration, Commission rules, an assurance, a certification, an application or TWC policies or procedures referenced in the Contract may subject the Contractor to sanctions and enforcement or remedial measures appropriate to the circumstances to include: • temporary withholding of payments, • disallowance of costs, • whole or partial suspension, • withholding of further awards or • other remedies that may be legally available. 20.2 Any sanctions or penalties imposed shall conform to rules set forth at TAC Title 40, Part 20, Chapter 800,Subchapter E or other remedies allowed by state and federal laws and Agency rules. 20.3 Financial Related 20.3.1 The Board retains the right to deduct the amount of any advance payment or previous overpayment made by the Board, from any subsequent payment made by the Board in accordance with Section 8.2 of this Contract. 20.3.2 Failure to comply with Section 8.2.2 of this Contract is valid justification for immediate termination pursuant to Section 19 (Termination of Contract) of this Contract and/or refusal to honor the charges or any portion of the charges that are not submitted within the specified time limit. 20.3.3 The Contractor shall submit requests for an advance to coincide with immediate cash needs and shall assure that no excess cash is on deposit in the Contractor's accounts or the accounts of any subcontractor. Excess cash is defined in the TWC Financial Manual for Grants and Contracts. The Board may unilaterally change the method or payment from advance to reimbursement if the Board determines that the Contractor has maintained excess cash or if the Board identifies a material deficiency, as defined in the TWC Financial Manual for Grants and Contracts, in the cash controls or financial management system maintained by the Contractor. Failure to adhere to these provisions may result in funds being provided through a reimbursement process and/or the imposition of the sanctions set forth in this Section 20. 20.3.4 Subject to appropriation by Contractor's City Council, Contractor shall be responsible for and shall repay to the Board, any amounts that are shown to be expended in non-compliance with Contract provisions, or disallowed as a result of a resolution agreement. Subject to appropriation by Contractor's City Council, Contractor shall further be responsible for any audit exception or other payment deficiency in the program covered by the Contract and all other payment deficiency in the program covered by the Contract and subcontracts hereunder. 20.3.5 Subject to appropriation by Contractor's City Council, all funds for which Contractor is liable shall be made from non-federal funds. The Contractor's failure to pay within thirty (30) days after demand may result in legal actions to recover such funds, sanctions as set forth in this Section 20, termination as set forth in Section 19 (Termination of Contract), and/or additional costs,including allowable interest. C. Contract No.06-NEG-TRAN-001 C A-11 City of Fort Worth A��' 5�'� ��t''� 20.3.6 If the Contractor proposes to use stand-in costs as a substitute for otherwise unallowable costs, such proposal, as required by 40 TAC §805.230(b), must be included in the information provided to the Board during the informal resolution period, and shall be subject to final review and approval by the appropriate federal agency. The proposed stand-in costs shall be included in the subject audit resolution report, and shall have been reported as uncharged program costs, included within the scope of the audit, and accounted for in the Contractor's financial management system. 20.3.7 If the Contractor fails to submit to the Board in a timely and satisfactory manner any report required by this Contract or otherwise fails to satisfactorily render performances hereunder,the Board may withhold payments otherwise due and owing the Contractor. If the Board withholds such payments, it shall notify the Contractor in writing of its reasons for withholding payment. Payments withheld pursuant to this paragraph may be held by the Board until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. 20.4 Prior to imposition of sanctions or withholding of funds, the Board will provide the Contractor with notice of such action,pursuant to 40 TAC§§800.181. 20.5 Any sanctions or remedial measures imposed under this Contract may be appealed pursuant to the appeals provisions at 40 TAC§800.191. SECTION 21-POLITICAL ACTIVITY AND LOBBYING 21.1 No funds provided under the Contract may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State or local legislators. The Contractor will comply with the requirements of Restrictions on Lobbying: Certification and Disclosure Requirements imposed by 29 CFR§93. 21.2 The Contractor shall require any subcontractor that will receive funds under the Contract to certify compliance with such restrictions or lobbying or political activity by utilizing Attachment D-1 of the Contract. SECTION 22-DEBARMENT CLAUSE 22.1 The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal department or agency. 22.2 The Contractor shall require any subcontractor that will receive funds from the Contract to submit such certification utilizing Attachment D-2 of the Contract. SECTION 23-DRUG FREE WORKPLACE 23.1 The Contractor agrees to provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988 (102 Stat.4304,P.L. 100-690,Title V,Subtitle D). 23.2 The Contractor shall require any subcontractor that will receive funds from the Contract to submit such certification utilizing Attachment D-3 of the Contract. Contract No. 06-NEG-TRAN-001A-12 City of Fort Worth ' 7 � �"� R SECTION 24-TRAVEL AND TRANSPORTATION EXPENSES All Contractor staff and employees who are required to travel pursuant to this Contract in order to fulfill Contractor business or duties as relating to this Contract shall be reimbursed for necessary and reasonable travel and per diem expenses in accordance with the TWC Financial Manual for Grants and Contracts. Travel costs include expenses for transportation, lodging, subsistence and related items incurred by Contractor staff and employees who are on official business incidental to a contract. SECTION 25-ACKNOWLEDGEMENT OF FUNDING SOURCE The Contractor will acknowledge the Board, by including a printed notice that program funding is received from the Board,in all materials related to programs governed by this Contract that are produced for distribution to other entities or the general public. SECTION 26-DEFINTITION OF TERMS Terms, acronyms and terminology used in the contract are defined by the Texas Workforce Commission Financial Manual for Grants and Contracts,and other relevant statutes and regulations. SECTION 27-COMPLAINTS In order to address complaints relating to discrimination or a violation of any of the legal authorities cited in Section 4 of this Contract, the Board has adopted Methods of Administration approved by the U.S. Department of Health and Human Services and the U.S. Department of Labor establishing complaint processing procedures. The Contractor is responsible for adhering to the complaint processing provisions set forth in those Methods of Administration,as provided to the Contractor by the Board. SECTION 28-GENERAL PROVISIONS 28.1 Employment Preference In any program administered by the Contractor that was previously administered by the Board the Contractor shall ensure that preference in employment is given to Board or TWC employees who provided the same services in the local workforce development area. 28.2 Environmental Compliance To the extent required by law, the Contractor will comply with applicable provisions of the Clean Air Act(42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act,as amended (233 U.S.C. §1251 et seq.). 28.3 Force Majeure Except with respect to defaults of subcontractors, no liability or loss of rights hereunder shall result to either party from delay or failure in performance (including any failure by the Contractor to progress in the performance of the work) if such failure arises out of causes beyond the reasonable control and without the default or negligence of the party affected. n rr, p r '�, /=.1 !off, J o iU Contract No. 06-NEG-TRAN-001 a ��lI� i� ���o��� A-13 City of Fort Worth Such causes may include but are not limited to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, serious labor disputes, shortage of or inability to obtain material or equipment and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the party affected. 28.4 Rights to Appeal 28.4.1 Any sanctions or penalties imposed under any this Contract may be appealed pursuant to the appeals provision at 40 TAC§800.191. 28.4.2 For any disputes arising under this Contract not resulting in a sanction or penalty, Contractor may submit a Board decision to the Board for reconsideration within 15 days of the Board's initial decision. Contractor's request for reconsideration may include any additional evidence Contractor wishes the Board to consider. The Board will consider the request for reconsideration along with any additional evidence and issue a final decision in writing to Contractor within 30 days of receipt of the request for reconsideration. 28.4.3 If Contractor is not satisfied with the Board's final decision, Contractor may request that the Board enter into non-binding mediation to resolve the dispute in question. If the parties agree to mediate the dispute, the parties shall mutually agree on the selection of an independent mediator. 28.4.4 Contractor agrees that it will follow the procedures set forth in sections 30.4.1, 30.4.2 and 30.4.3 herein prior to pursuing any right or remedy which may be available at law or in equity in any court of competent jurisdiction. 28.4.5 Contractor further agrees that, pending the resolution of any dispute, Contractor shall proceed diligently with the performance of work, including the delivery of items and services in accordance with the Board's direction and the terms of this Contract. 28.5 Law of the Contract This Contract shall be construed, interpreted and applied in accordance with the laws of Texas, excluding its choice of law rules. 28.6 Severability If any of the provisions of this Contract shall contravene or be invalid under the laws of the United States or the State of Texas, such contravention or invalidity shall not invalidate the whole Contract,but it shall be construed as if not containing the particular provision or provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly and the Contractor and the Board shall endeavor to agree on a mutually acceptable alternative provision. 28.7 Order of Precedence To the extent of any inconsistency between the provisions of clauses in the Contract, the Statement of Work, attachments, and other specifications or provisions that are a part of this Contract, the following order of precedence shall apply: First: All applicable Statutes and Regulations shall prevail over the Contract; then Second: Part A-General Contract Terms (excluding Statement of Work and any parts,and any other attachments to this contract; then Contract No. 06-NEG-TRAN-001 A-14 City of Fort Worth Third: Part B-Line-Item Budget and Budget Back-Up;then Fourth: Part C-Statement of Work;then Fifth: Part D-Attachments Sixth: Any other part attached or incorporated by reference to the Contract in the order so cited in the Table of Contents to the Contract;then finally, Finally: Other attachments of the Contract. 28.8 Notification Any notice required by either party under any section of this Contract shall be by certified mail, addressed to the designated contact signatories, or other designee so designated in writing to the following address: Board: Tarrant County Local Workforce Development Board 2601 Scott Avenue,Suite 400 Fort Worth,Texas 76103 Contractor: City of Fort Worth 1000 Throckmorton Fort Worth,Texas 76102 APPROVED: TARRANT COUNTY LOCAL WORKFORCE CITY OF FORT WORTH DEVELOPMENT BOARD Judy Mconald Libby Watso Executive Director Assistant City Manager Date: Date: �,Z/,y APPROVED AS TO 1711-til AND LEGALITY: ASSISTANT CITY ATTORNEY Attested.By. Contract, Authorization LaL��I� Alart yy Hendrix Date City Secretary Contract No. 06-NEG-TRAN-001 A-15 City of Fort Worth PART B LINE ITEM BUDGET AND BUDGET BACK-UP L1FF11 llkI .,c0�rDID, Workforce Solutions for Tarrant County FY06 City of Fort Worth NEG Transportaion Services Line-item Budget Proposer Name: Budget Type: Lead Entity Collaborating Entity Specialized Youth Services Provider COST CATEGORY/LINE ITEM Proposed Budget I. PERSONNEL Personnel Salaries $ 48,118.40 FICA/Medicaid Workers Compensation Unemployment Health Insurance Life Insurance Retirement Contracted Personnel Other(Specify) Personnel Subtotal 48,118.40 11.OPERATIONS Building Maintenance Dues/Membership Equipment Maintenance Equipment Rental Insurance Personnel Recruitment Postage Printing Professional Services Rent/Lease Costs(Vans) 14,400.00 Software Purchases Software Usage Fees Staff Development Staff Mileage Reimbursement Subscriptions Supplies and Materials-Client Assessment Supplies and Materials-Office 872.00 Supplies and Materials-Resource Room Telephone-Cellular/Mobile Phones $40 phone'6'3 1,080.00 Telephone-Local Service and Long Distance 350.00 Telephone-Wireless Laptops Utilities Other-(Specify) Gasoline $3.00 gal./11 miles a gal 15,179.60 Operations Subtotal 31,881.60 111. EQUIPMENT PURCHASES Computer Hardware Under$500 Computer Hardware Over$500 Furniture&E ui t Under$500 Furniture&Equipt Over$500 Equipment Subtotal V. INDIRECT COST VI.PROFIT GRAND TOTAL $ 80,000.00 City of Fort Worth Contract No.06-NEG-TRAN-001 B-1 N m ++ 0 0 0 0 0 0 0 0 0 0 O C �+ N O N N 0 N N m 0 m � 00 'a M O O M M (O M M M M M 00 d L- O O LO LO r— LO LO � � � r r 0 0 0 0 0 0 0 0 0 r V Q m CO � I;t LO L N LO LO N N N c M U r U ca N � r c 69. � 0 O d CL j c Z 0 ` N Y 0 0 0 0 0 0 0 0 0 0 u d 0 0 0 0 0 0 0 0 0 0 .0 7 d 0 0 0 0 0 0 0 0 0 0 Z _ j N N N N L Z O d O a 3 Y i + = (O M Lo Lo Lo Lo Lo Lo Lo Lo O m O R C N — — — — — — — — — U- O cv r r d 00 O co co M M M M M M U m +r co o ri ri ri ri ri ri ri ri c 2 � U- N N ca E U- cA 0 L c 0 m L L C O O L E L . 0 F— y dE c � 0 -, R ca E Z E Z 2 vi ui m Y c c c r :, cU 1 L c �_ U U U p CJ 2N 0 M ca ca ca >> > * pQcu CO) u (1) 'c Z U N N W a o * CA ° c H Q 4 F .c > * = o E }' . c Qcn Dcn 2! > > > > L r `O .� .c .c00000 Z cn c E E E c c c c c o O o a) -o -o -o ca m m ca ca z IL Q (nQQQ » » > Q p C L. — N M to O D M O C) N M U') O � M O O N M S LO O Q) — — — — N N N N N N 3 o ° Z a Z 0o 0 C) � U o m w o U U CITY OF FORT WORTH NEG KATRINA TRANSPORTATION SERVICES RECIPE FOR SUCCESS BUDGET DETAIL BACK-UP Operations: Lease Costs for 4 Vans $1,200 per Van $14,400 for 3 months Office Supplies & Materials general office supplies 872 Cellular/Mobile Phones 6 cell phones 1,080 Telephone Local & Long Distance 350 Gasoline @ $3.00/gal based on approximately 115 miles per day per van 15,180 Total Operations Costs: $31,882 City of Fort Worth �'^'g ��� r�'t''� AV 1_� Contract No. 06-NEG-TRAN-001 v9�� v��u�L�u fCa .. .J`.?�1L� EG'`ie PART C STATEMENT OF WORK The City of Fort Worth agrees to make available the use of four(4) XX passenger vans for transporting hurricane guests in Tarrant County to and from specific job-related activities during the time frames established below. The vans will operate on an on-demand basis providing door-to-door service with a 24-48 hour advance notice requirement. The City of Fort Worth will provide the vans, drivers, a reservation phone number, and a dispatcher. Service will be provided from 7:00 am—7:00 pm Monday through Friday during specified time frames. Vans will transport customers possessing the required documentation only. Vans will provide service to and from only specifically designated locations. Exceptions to the specific locations may be made on a case-by-case basis by the customer's Workforce Solutions case manager. These exceptions must be documented on the customer's service plan, and must directly affect the customer's ability to obtain or retain immediate employment. Time Frames and Specific Locations: May 8-12: Workforce Centers or Employment May 15 —26: Workforce Centers, Designated Staffing Agencies, or Employment May 29—June 30: Workforce Centers or Employment Designated Staffing Agencies and their associated addresses: CornerStone Staffing: 2421 Westport Pkwy, Suite 500,Ft Worth,TX 76177 CornerStone Staffing: 6700 Denton Hwy, Suite 1, Watauga, TX 76148 CornerStone Staffing: 1901 Central Drive, Suite 612, Bedford, TX 76021 CornerStone Staffing: 1200 Summit Avenue, Suite 518, Fort Worth, TX 76102 CornerStone Staffing: 3840 Hulen Street, Suite 125, Fort Worth, TX 76107 CornerStone Staffing: 690 East Lamar, Suite 560,Arlington,TX 76011 CoWorx Staffing Services: 4610 Western Center Blvd. Suite 124, Fort Worth, TX 76137 CoWorx Staffing Services: 2100 North Hwy 360, Suite 601, Grand Prairie, TX 75050 Kelly Services: 6000 Western Place, Suite 115, Fort Worth,TX 76107 Smith: 501 Hemphill, Fort Worth, TX 76104 Aerotek: 3220 North Freeway, Suite 122, Fort Worth, TX 76111 HumCap: 2100 North Main, Suite 100, Fort Worth,TX 76103 City of Fort Worth Contract No. 06-NEG-TRAN-001 C-1 Workforce Centers Location: Arlington Workforce Center: 140 W. Mitchell St, Arlington, TX 76015 Eastside Workforce Center: 4701 E. Lancaster, Ft. Worth, TX 76103 Mid-Cities Workforce Center: 1809 Forest Ridge Drive, Bedford, TX 76022 Northside Workforce Center: 2100 N. Main, #100, Ft. Worth, TX 76106 Resource Connection Workforce Center: 1400 Circle Drive, Ft. Worth, TX 76119 Westside Workforce Center: 6000 Western Pl. II, #700, Ft. Worth, TX 76107 Downtown Workforce Center: 301 W. 13th Street, Ft. Worth, TX 76102 City of Fort Worth Contract No. 06-NEG-TRAN-001 C-2 PART D ATTACHMENTS �Fti��i G) iUl �7i .••.Jl�.•Wa U�G�e Attachment D CERTIFICATIONS Lobbying This certification is required by the Federal Regulations,implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education(34 CFR Part 82),Department of Health and Human Services(45 CFR Part 93). The undersigned certifies that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any federal grant award, grant,loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant award, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grant awards, sub-grants, and grant awards under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Debarment,Suspension,and Other Responsibility Matters This certification is required by the Federal Regulations, implementing Executive Order 12549, Government-wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education(34 CFR Part 85), Department of Health and Human Services(45 CFR Part 76). The undersigned certifies that neither it nor its principals: (1) Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or Agency. (2) Have not within a three-year period preceding this grant award been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or grant award under a public transaction, violation of Federal or State antitrust s or commission of embezzlement, theft, forgery, bribery, falsificatio w" to c rds, making false statements,or receiving stolen property; City of Fort Worth D-1 Contract NO. 06-NEG-TRAN-001 Attachment D (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in Paragraph(2)of this certification; and, (4) Have not within a three-year period preceding this grant award had one or more public transactions terminated for cause or default. Drug-Free Workplace This certification is required by the Federal Regulations, implementing Sections 5151-5160 of the Drug- Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85), and Department of Health and Human Services(45 CFR Part 76). The undersigned certifies that it shall provide a drug-free workplace by: (a) Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee; (b) Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the Board's policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug abuse violations in the workplace; (c) Providing each employee with a copy of the policy statement; (d) Notifying the employees in the policy statement that as a condition of employment under this grant award, employees shall abide by the terms of the policy statement and notifying the employer in writing within five days after any conviction for a violation by the employee of a criminal drug statute in the workplace; (e) Notifying the Agency within ten days of receipt of a notice of a conviction of an employee; and, (f) Taking appropriate personnel action against an employee convicted of violating a criminal drug statute or requiring such employee to participate in a drug abuse assistance or rehabilitation program. City of Fort Worth D-2 Contract NO. 06-NEG-TRAN-001 Attachment D Certification These certifications are a material representation of fact upon which reliance is placed when entering into this transaction. Signature by an authorized representative of the awardee and return of this document to the Agency are prerequisites for finalizing the award. Where the undersigned awardee is unable to certify to any of the statements above, an explanation shall be attached. The undersigned certifies that the indicated statements are true and correct and understands that making a false statement is a material breach of the grant award and is grounds for grant award cancellation. The person signing this grant award on behalf of the awardee hereby warrants that he/she has been fully authorized to execute this grant award on behalf of the awardee and to legally bind the awardee to all the terms,performances and provisions herein set forth. 6/21/06 Signature Date Libby Watson, Assistant City Manager Typed/Printed Name and Title of Authorized Representative City of Fort Worth Organization 1000 Throckmorton St . Address Fort Worth , TX 76102 City,State,Zip Code City of Fort Worth D-3 Contract NO. 06-NEG-TRAN-001 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2006 - Ordinance No. 17015-06-2006 DATE: Tuesday, June 20, 2006 LOG NAME: 80WS VANPOOL REFERENCE NO.: **C-21530 SUBJECT: Authorize Acceptance of a Grant and Entering into a Grant Agreement with Workforce Solutions for Tarrant County to Provide Transportation Services to Katrina Guests for Employment Related Activities and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept a grant in the amount of $80,000 from Workforce Solutions for Tarrant County to reimburse the City for providing transportation services to Katrina guests for employment- related activities; 2. Authorize the City Manager to enter into a grant agreement with Workforce Solutions for Tarrant County; and 3. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations in the Grant Fund by $80,000 from available funds. DISCUSSION: The Department of Homeland Security through the Federal Emergency Management Agency (FEMA) made funding available for disaster relief assistance to victims of Hurricane Katrina seeking refuge in neighboring states and cities. The City of Fort Worth was eligible to receive reimbursement for the provision of assistance to these victims and entered into contracts to provide these resources including logistical support. One area of logistical support included the provision of transportation resources for Katrina guests. The City of Fort Worth previously contracted with Enterprise Rent A Car to provide up to eighteen 15-passenger vans at $1,200 per month to provide transportation for the guests. A van pool was established to assist those individuals and families who needed transportation to medical appointments, prescription pick-up, job interviews, job search, skill development courses, school enrollment and transfers as well as other approved destinations. Temporary van drivers were also hired to assist in this effort. The City of Fort Worth's transportation assistance to Katrina Guests under the reimbursement funding from FEMA terminated May 31, 2006. The City of Fort Worth is the Community Action Agency (CAP) for Tarrant County. The scope of CAP includes partnering with other agencies to provide case management to assist families transitioning from poverty to become self-sufficient. CAP has been working closely with Workforce Solutions for Tarrant County to coordinate employment activities for former Katrina guests. These types of partnerships enable the Fort Worth/Tarrant Community to take a holistic approach in addressing the recovery from a disaster of any nature. Workforce Solutions has proposed to provide the City of Fort Worth, as the CAP for Tarrant County, a grant http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/22/2006 Page 2 of 2 in the amount of $80,000 to continue to provide transportation to Katrina guests for employment activities (training, job search and readiness and child/adult care). With the grant funds, the City will hire temporary van drivers and the rental of four rental passenger vans from Enterprise Rent A Car, d/b/a Enterprise Leasing of DFW, at a cost of $1,000 rental per van per month. The City will enter into a grant agreement with Workforce Solutions to set forth each party's responsibility in this endeavor. The project is located in all City COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriations ordinance funds will be available in the current operating budget, as appropriated, of the Grant Fund. TO Fund/Account/Centers FROM F u nd/Accou nt/C enters GR76 451461 080446055260 $80,000.00 GR76 535070 080 350.00 4460550260 GR76 535040 080 $1,080.00 4460550260 GR76 512010 080 $48,118.00 4460550260 GR76 537100 080 114,400.00 4460550260 GR76 522030 080 872.00 4460550260 GR76 522140 080 $15,180.00 4460550260 Submitted for City Manager's Office bX: Libby Watson (6183) Originating nating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Leona Johnson (5775) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/22/2006