HomeMy WebLinkAboutContract 34516 z CCRETAF1 iv:-,
STATE OF TEXAS CONTRACT NO.
COUNTY OF TARRANT
THIS contract ("Contract") is made and entered into by and between the City of Fort Worth
("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and through
Dale A. Fisseler, its duly authorized Assistant City Manager, and YWCA Fort Worth & Tarrant
County, whose address is 512 West 4`h Street, Fort Worth, Texas 76102, acting by and through Ms.
Judi Bishop, its duly authorized Executive Director. (Sometimes City and YWCA Fort Worth &
Tarrant County are referred to individually as a "Party" and collectively as the "Parties".)
WHEREAS, City has received grant monies from the United States Department of Housing and
Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of
1974, as amended, (42 USC 5301 et seq.) for utilization in connection with its Community
Development Block Grant ("CDBG"), Program No. B-06-MC-48-0010, for Year XXXII;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate
income citizens (the "National Objective");
WHEREAS, YWCA Fort Worth & Tarrant County provides child care to families certified as "At
Risk" under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 ("PRWORA");
WHEREAS, PRWORA defines At Risk families as those families with parents who are working
and need child care to keep their jobs, whose income must be at or below 150% of the Federal
Poverty Income Limit, who are not receiving Aid to Families with Dependent Children ("AFDC"),
and who agree to pay a parent fee based on the families' income;
WHEREAS, PRWORA allows cities to use local funds allocated for child care as a match to
access additional federal funds to provide additional child care services;
WHEREAS, YWCA Fort Worth & Tarrant County has been allocated CDBG monies for the
purpose of providing child care to low and moderate income citizens; and
WHERAS, for the purposes of this Contract, YWCA Fort Worth & Tarrant County CDBG funds
will be used as the local matching funds to draw down additional child care dollars for YWCA Fort
Worth & Tarrant County from the Texas Workforce Commission through its Local Workforce
Development Board ("LWDB").
NOW,THEREFORE,THIS CONTRACT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. YWCA Fort Worth & Tarrant County will administer child care services to City citizens under
the program name Child Development Program ("Program"), for the term October 1, 2006 to
September 30,2007.
b. This Contract authorizes YWCA Fort Worth & Tarrant County to provide child care services
only at the child care facility at the specified Program location(s). YWCA Fort Worth & Tarrant
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County may not move eligible children to another facility without the prior approval and consent
of City.
c. YWCA Fort Worth & Tarrant County agrees to meet the National Objective of activities
benefiting low and moderate-income individuals and to maintain full documentation supporting
fulfillment of this National Objective in its files. All such documentation shall be furnished to
City upon request if necessary for City to fulfill its obligations under its Federal grant. If this
documentation is not maintained and furnished to City on request, City may exercise all
remedies available under this Contract, including the right to withhold payment to YWCA Fort
Worth &Tarrant County on this Contract or any other contract with YWCA Fort Worth &Tarrant
County, or terminate this Contract as described herein.
d. City will monitor and evaluate YWCA Fort Worth & Tarrant County' performance using the
goals and performance standards required in this Contract. Substandard performance as
determined by City monitoring will constitute non-compliance with this Contract. If action to
correct such substandard performance is not taken by YWCA Fort Worth & Tarrant County
within a reasonable period of time after being notified in writing by City, procedures to suspend
or terminate the Contract will be initiated.
e. YWCA Fort Worth & Tarrant County 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.
2. Compensation and Method of Payment
a. City will disburse CDBG funds ("CDBG Funds") in an amount up to Forty Eight Thousand
One Hundred Twenty-Four and 23/100 Dollars ($48,124.23) to LWDB to be used only for the
Program described above on behalf of YWCA Fort Worth & Tarrant County. The CDBG Funds
disbursed to LWDB for the use and benefit of YWCA Fort Worth & Tarrant County are a portion
of City' CDBG grant monies from HUD allocated for child care for use as the local match to draw
up to an additional One Hundred Forty One Three Hundred Thirty-Four and no/100 Dollars
($141,334.00) of At-Risk Title VI funds from the Texas Workforce Commission.
b. City shall disburse the CDBG Funds to the LWDB on a reimbursement of expenses basis
following receipt from LWDB of a monthly report of certified At Risk children served. Payment
by City to LWDB shall require completion of all City forms and copies of adequate supporting
documentation verifying eligibility of expenses as well as, where applicable, eligibility of
Program participants.
c. YWCA Fort Worth & Tarrant County agrees to charge for each child the unit rate established
by the LWDB. The LWDB uses the current Child Care Management System ("CCMS")
Maximum Rate for Tarrant County. YWCA Fort Worth & Tarrant County agrees to provide
CCMS with the proper information and documentation to allow CCMS to determine the eligibility
and the proper unit rate for each child.
d. YWCA Fort Worth & Tarrant County anticipates receipt of compensation at the unit rate on a
reimbursement basis from LWDB for services rendered to At-Risk eligible children, in an amount
not to exceed One Hundred Forty One Three Hundred Thirty-Four and no/100 Dollars
($141,334.00). YWCA Fort Worth & Tarrant County may seek reimbursement only for child care
services performed for children approved by City under conditions authorized by this Contract.
e. YWCA Fort Worth & Tarrant County anticipates receipt of a parent fee from each At-Risk
eligible child's family based on said family's income, in accordance with the PRWORA.
f. YWCA Fort Worth & Tarrant County accepts the reimbursement from LWDB and the parent
fee and any additional City-approved child care subsidies, as payment in full for the care and
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transportation of At-Risk eligible children on authorized enrollment days. YWCA Fort Worth &
Tarrant County is authorized by City to receive additional reimbursement only for individual
children that City and YWCA Fort Worth &Tarrant County agree need extra adult assistance.
g. YWCA Fort Worth & Tarrant County will not receive payment for any child care services
provided during any time period not covered by a current child care license or registration, the
required amount of liability insurance, or a current agreement. YWCA Fort Worth & Tarrant
County will not receive payment for any child care services provided for any child on any day that
the number of children attending exceeds the child care license or registration capacity of the
child care facility.
h. YWCA Fort Worth & Tarrant County will receive payment only for child care services
performed on or after the effective date and on or before the termination date of this Contract.
3. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
The YWCA Fort Worth & Tarrant County agrees to comply with OMB Circular A-110,
"Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to
the accounting.principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
ii. Cost Principles
YWCA Fort Worth & Tarrant County shall administer the Program in conformance with OMB
Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions
thereto, regarding principles for determining costs for the Program.
b. Documentation and Record Keeping
i. Requirement
YWCA Fort Worth &Tarrant County shall maintain all records pertinent to the activities to be
funded under this Contract as required in 24 CFR S 570.506. In addition,YWCA Fort Worth &
Tarrant County agrees to keep records to fully document all expenditures charged to the
CDBG portion of the Program, including records documenting the eligibility of Program
participants as more particularly described herein. The documentation must support the
amounts charged to the Program, the eligibility of the Program participants, and demonstrate
that the expenditures were appropriate to the stated goals of the Program and allowable
and/or eligible under applicable Federal, state and City guidelines.
ii. Retention
(1) All records pertaining to the Program shall be retained for four (4) years following the
termination of this Contract. YWCA Fort Worth & Tarrant County may destroy Program
records at the end of this four (4) year period if no outstanding audit finding exists.
(2) YWCA Fort Worth & Tarrant County will retain any Program loan records until four (4)
years after the expiration of any loan.
iii. Closeouts
YWCA Fort Worth & Tarrant County' obligation to City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but are not
limited to: making final payments, disposing of Program assets (including the return of all
unused materials, equipment, unspent cash advances, Program income balances, and
accounts receivable to City),and determining the custodianship of records.
iv.Audits and Inspections
(1) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year,
regardless of the source of the Federal award, must submit to City an annual audit prepared
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in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to
OMB Circulars (with attachments) A-122, "Cost Principles for Non-Profit Organizations", and
A-133, "Audits of States, Local Governments, and Non-Profit Organizations", as appropriate.
The audit may cover either YWCA Fort Worth & Tarrant County's fiscal year during which
this Contract is in force or cover the period of this Contract. The audit must be prepared by an
independent certified public accountant, be completed within twelve (12) months following
the end of the period being audited and be submitted to City within thirty (30) days of its
completion. YWCA Fort Worth & Tarrant County's audit certification is attached hereto as
Exhibit D -Audit Schedule Independent Audit Requirement. The Audit Schedule Form must
be submitted to City within sixty (60) days of the end of the period being audited (YWCA Fort
Worth & Tarrant County' fiscal year). Costs of preparation of this audit may be an allowable
expenditure of CDBG Funds in an amount proportional to that of the CDBG Funds used in
YWCA Fort Worth & Tarrant County's total agency operating budget. Non-profit entities
that expend less than $500,000 a year in Federal funds are exempt from Federal audit
requirements for that year, but records must be available for review or audit by appropriate
officials of the Federal agency, City, and General Accounting Office ("GAO").
(2) City, HUD, and the United States Comptroller General, or their respective representatives,
shall have access to any books, documents, records and papers relating to the operations of
YWCA Fort Worth & Tarrant County under this Contract for the purpose of audit,
examination, exception and transcription at all of YWCA Fort Worth & Tarrant County's
offices at all reasonable hours. YWCA Fort Worth & Tarrant County agrees to allow access
during all reasonable hours to all necessary YWCA Fort Worth & Tarrant County facilities and
shall provide adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section. City shall give YWCA Fort Worth & Tarrant County
reasonable advance notice of intended audits.
(3) YWCA Fort Worth &Tarrant County further agrees to include in all its contracts hereunder
a provision to the effect that YWCA Fort Worth & Tarrant County agrees that City shall, until
the expiration of four (4) years after final payment under the contract, have access to and the
right to examine any directly pertinent books, documents, papers and records of such
contractor, involving transactions to the contract, and further, that City shall have access
during normal working hours to all contractor facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the provisions of this
article. City shall give contractor reasonable advance notice of intended audits.
(4) YWCA Fort Worth & Tarrant County agrees to photocopy such documents as may be
requested by City during an audit. City agrees to reimburse YWCA Fort Worth & Tarrant
County for the costs of copies at a rate published in the Texas Administrative Code.
(5) If an audit by City discloses overcharges of any nature by YWCA Fort Worth & Tarrant
County, in excess of 5% or the total Contract cost, YWCA Fort Worth & Tarrant County shall
pay the reasonable cost of City's audit. If such audit reveals a questioned practice or
expenditure, such questions must be resolved within fifteen (15) days after notice to YWCA
Fort Worth & Tarrant County. If questions are not resolved within this period, City reserves
the right to withhold further funding under this and/or future contract(s) with YWCA Fort
Worth &Tarrant County.
(6) If as a result of any audit it is determined that YWCA Fort Worth & Tarrant County or
LWDB have misused, misapplied or misappropriated all or any part of the CDBG Funds,
YWCA Fort Worth & Tarrant County agrees to reimburse City the amount of such monies so
misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other
charge levied against City because of such misuse, misapplication or misappropriation.
4. Reporting Procedures
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Program Participant Records
i. YWCA Fort Worth & Tarrant County will keep or cause to be kept an accurate record of all
actions taken and all CDBG Funds expended,with source documents, in performance of this
Contract. Such records shall be kept for the time period mandated by the CDBG Regulations
and this Contract.
ii. YWCA Fort Worth & Tarrant County will obtain and keep on file and furnish to City on
request the following information and/or documentation on each Program participant served
by the Program demonstrating such participant's eligibility for services provided:
a. Participant's name, address, annual income level or other basis for determining income
eligibility, and family size of participant's household.
b. Source documentation used for income verification including but not limited to pay check
stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding
unemployment benefits,W2s and the like.
c. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate.
5. YWCA Fort Worth & Tarrant County Requirements
a.YWCA Fort Worth & Tarrant County must notify City prior to changes in any of the following:
1. the name of the facility;
2. ownership, governing body or corporate status;
3. the contact person;
4. the location/address of the facility;
5. the conditions or status of the license or registration;
6. scheduled holidays;
7. hours of the program;
8. ages of the children served;
9. published rates and/or fees;
10. transportation policies;
11. liability insurance coverage; or
12. any other changes to child care services provided.
b. YWCA Fort Worth & Tarrant County must notify City immediately of any anticipated changes
that will affect the terms of this Contract or the nature of the child care services provided. Failure
to inform City about any of these changes before their occurrence may result in adverse actions
against YWCA Fort Worth & Tarrant County. Depending upon the nature of the changes, City
will determine whether a new or amended agreement is required. Adverse actions against YWCA
Fort Worth & Tarrant County for failure to notify City of changes include but are not limited to
suspension, termination or non-renewal of the Contract; the closing of intake; removal of eligible
children; temporary withholding of payments; non-payment for child care services delivered; and
recoupment of funds paid to YWCA Fort Worth &Tarrant County.
c. YWCA Fort Worth & Tarrant County must inform all of its necessary and appropriate staff as
well as LWDB representatives of all relevant requirements in this Contract and the YWCA Fort
Worth & Tarrant County requirements and guidelines, including the YWCA Fort Worth &
Tarrant County manual, in order to maintain compliance with this Contract.
6. Parent Choice
Parent choice will be honored by YWCA Fort Worth &Tarrant County and LWDB in determining
child care arrangements to the extent required by the funding source for the parent and child
involved.
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7. Applicable Laws
a. Federal
YWCA Fort Worth & Tarrant County agrees to comply with the following laws and the applicable
regulations as they are currently written or are hereafter amended during performance of this
Contract:
• Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations")
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seg.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seg.)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as
supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seg.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where
applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seg)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seg. ("NEPA")
and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seg.), the Clean Water Act of 1977, as
amended (33 USC 1251 et seg.) and the related EPA regulations at 40 CFR Part 15, as
amended from time to time, and Executive Order 11738. In no event shall any amount of
the assistance provided under this Contract be utilized with respect to a facility that has
given rise to a conviction under the Clean Air Act or the Clean Water Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seg.), specifically
including the provisions requiring employer verification of the legal status of its
employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seg.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seg.) and 24 CFR Part 23, Subpart F
• Regulations as 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation
by ineligible, debarred, or suspended persons or entities.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et
seg.)and its related regulations at 24 CFR Part 135
As the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section
3") requires that the following clause be inserted in all covered contracts ("Section 3
Clause"):
"A. The work to be performed under this contract is subject to the requirements of section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
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B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,
which implement Section 3. As evidenced by their execution of this contract, the Parties to
this contract certify that they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job tides subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
Part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR Part 135.
R Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b)."
City and YWCA Fort Worth & Tarrant County understand and agree that compliance with the
provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules
and orders of HUD shall be a condition of the Federal financial assistance provided to the
Program, binding upon City and YWCA Fort Worth & Tarrant County, and their respective
successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall
subject YWCA Fort Worth & Tarrant County and its contractors, and their respective
successors and assigns, to those sanctions specified by the Grant Agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
c. Other Laws
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i. YWCA Fort Worth & Tarrant County must comply with applicable local and state child care
licensing and registration requirements. The required child care license or registration must be
valid and maintained at all times during the term of this Contract.
ii. YWCA Fort Worth & Tarrant County covenants and agrees that its officers, members, agents,
employees, Program participants and contractors shall abide by and comply with all other laws,
Federal, state and local, relevant to the performance of this Contract, including all applicable City
ordinances, rules and regulations and Title I of the Housing and Community Development Act
of 1974 (42 USC 5301 et seq.), as amended, and the Community Development Block Grant
Entitlement Program Regulations, as amended, (24 CFR Part 570 et seq). YWCA Fort Worth &
Tarrant County further promises and agrees that it has read, and is familiar with, the terms and
conditions of the Community Development Block Grant under which CDBG Funds are granted
and any applicable provisions of the CDBG Regulations and that it will fully comply with them.
It is agreed and understood that, if City notifies YWCA Fort Worth & Tarrant County of any such
violation on the part of YWCA Fort Worth & Tarrant County or any of its officers, members,
agents, employees, Program participants or contractors, then YWCA Fort Worth & Tarrant
County shall immediately desist from and correct such violation.
iii. YWCA Fort Worth & Tarrant County will comply 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. YWCA Fort Worth & Tarrant County 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.
iv. YWCA Fort Worth & Tarrant County 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 Contract.
7. Nondiscrimination
a. YWCA Fort Worth & Tarrant County will not unlawfully discriminate against any person or
persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor
will YWCA Fort Worth & Tarrant County permit its officers, members, agents, employees,
contractors or Program participants to engage in such discrimination. YWCA Fort Worth &
Tarrant County will not discriminate against children with disabilities. YWCA Fort Worth &
Tarrant County will also not discriminate against children with AIDS.
b. YWCA Fort Worth& Tarrant County covenants that neither it nor any of its officers, members,
agents, employees, Program participants or contractors, while engaged in performing this
Contract, shall, in connection with the employment,advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age except on the basis of bona fide occupational qualification,
retirement plan or statutory requirement.
c. YWCA Fort Worth & Tarrant County further covenants that neither it nor its officers, members,
agents, employees, contractors, Program participants, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
YWCA Fort Worth & Tarrant County warrants that it and any and all of its contractors will not
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unlawfully discriminate on the basis of disability in the provision of services to the general
public, nor in the availability, terms and/or conditions of employment for applicants for
employment with YWCA Fort Worth & Tarrant County, or employees of YWCA Fort Worth &
Tarrant County or any of its contractors. YWCA Fort Worth & Tarrant County warrants it will
fully comply with ADA's provisions and any other applicable Federal, state and local laws
concerning disability and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or contractors against City arising out of YWCA Fort Worth
& Tarrant County' and/or its contractors' alleged failure to comply with the above-referenced
laws concerning disability discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances codified at
Chapter 17, Article III, Division 3 "Discrimination in Employment Practices", of the City Code,
and YWCA Fort Worth & Tarrant County hereby covenants and agrees that YWCA Fort Worth &
Tarrant County, its officers, members, agents, employees and contractors, have fully complied
with all provisions of same and that no employee, employee-applicant or Program participant has
been discriminated against by the terms of such ordinances by either the YWCA Fort Worth &
Tarrant County or its officers,members, agents, employees or contractors.
8. Prohibition Against Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
Program funded hereunder during his or her tenure or for one (1) year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. YWCA Fort Worth & Tarrant County shall incorporate, or cause to be
incorporated, like language prohibiting such interest in all contracts and subcontracts entered
into in connection with the Program.
b. No member, officer, employee, or Program participant of YWCA Fort Worth & Tarrant County
or its contractors shall have a financial interest, direct or indirect, in this Contract or the CDBG
monies transferred hereunder or be financially interested, directly or indirectly, in the sale to
YWCA Fort Worth & Tarrant County of any land, materials, supplies or services purchased with
any CDBG Funds transferred hereunder, except on behalf of YWCA Fort Worth & Tarrant
County, as an officer, employee, member or Program participant. Any willful violation of this
paragraph with the expressed or implied knowledge of YWCA Fort Worth & Tarrant County or its
contractors shall render this Contract voidable by City.
9. Minority and Women Business Enterprise Commitment
YWCA Fort Worth & Tarrant County agrees to abide by City's policy to involve Minority and
Women Business Enterprises ("MWBEs") in all phases of its procurement practices and to
provide them an equal opportunity to compete for contracts for construction; provision of
professional services, purchase of equipment and supplies and provision of other services
required by City. YWCA Fort Worth & Tarrant County agrees to incorporate City Ordinance No.
15530, and all amendments or successor policies thereto, into all contracts and will further require
all persons or entities with whom it contracts to comply with said Policy.
10. Non Assignment
No assignment or delegation of duties under this Contract by YWCA Fort Worth & Tarrant
County shall be effective without City's prior written approval.
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11. Independent Contractor
a. YWCA Fort Worth & Tarrant County shall operate hereunder as an independent contractor and
not as an officer, agent, servant or employee of City. YWCA Fort Worth & Tarrant County shall
have exclusive control of, and the exclusive right to control, the details of the work and services
performed,hereunder, and all persons performing same, and shall be solely responsible for the
acts and omissions of its officers, members, agents, servants, employees, contractors, Program
participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between
City and YWCA Fort Worth & Tarrant County, its officers, members, agents, servants, employees,
contractors, Program participants, licensees or invitees, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and YWCA Fort Worth & Tarrant County.
It is expressly understood and agreed that no officer, member, agent, employee, contractor,
licensee or invitee of the YWCA Fort Worth & Tarrant County, nor any Program participant
hereunder, is in the paid service of City and that City does not have the legal right to control the
details of the tasks performed hereunder by YWCA Fort Worth & Tarrant County, its officers,
members, agents, employees, contractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging to
YWCA Fort Worth & Tarrant County, its officers, members, agents, employees, contractors,
subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed
or in any way damaged; and YWCA Fort Worth & Tarrant County hereby indemnifies and holds
harmless City and its officers, agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
a. YWCA FORT WORTH & TARRANT COUNTY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND,AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE
OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY, AND YWCA FORT WORTH & TARRANT COUNTY
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-
PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. YWCA FORT WORTH & TARRANT COUNTY LIKEWISE
COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
PROVIDER AGREEMENT Rev.12-27-06
YWCA Fort Worth&Tarrant County
Pre-School Child Care 10
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION
WITH ALL ACTS OR OMISSIONS OF YWCA FORT WORTH & TARRANT COUNTY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR
IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
YWCA FORT WORTH & TARRANT COUNTY AGREES TO AND SHALL RELEASE CITY,
ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
THE CITY'S SOLE OR CONCURRENT NEGLIGENCE.
YWCA FORT WORTH & TARRANT COUNTY SHALL REQUIRE ALL OF ITS
CONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A
RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
b. YWCA Fort Worth & Tarrant County shall furnish certificates of insurance as proof that it has
secured and paid for policies of workers' compensation, public liability and automobile liability
insurance covering all risks incident to or in connection with the execution, performance,
attempted performance or nonperformance of this Contract. The amounts of such insurance
shall not be less than the maximum liability that can be imposed on City under the laws of the
State of Texas. YWCA Fort Worth &Tarrant County understands and agrees that such insurance
amounts may be revised upward at City's option and that YWCA Fort Worth & Tarrant County
shall revise such amounts within thirty (30) days following notice to YWCA Fort Worth &Tarrant
County of such requirements.
d. YWCA Fort Worth & Tarrant County will submit documentation to City that it has obtained
insurance coverage as required in this Contract within thirty (30) days of the execution of this
Contract and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of
YWCA Fort Worth & Tarrant County insurance policies shall be licensed to do business in the
State of Texas by the Department of Insurance or be otherwise eligible and authorized to
business in the state of Texas. Insurers shall be acceptable to City insofar as their financial
strength and solvency and each such company shall have a current minimum A.M. Best Key
Rating Guide rating of A: VII or other equivalent insurance industry standard rating unless
otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per
occurrence unless otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program that
exceed those specified herein shall prevail.
g. YWCA Fort Worth & Tarrant County shall agree to require its contractors to maintain
applicable insurance coverages, limits, and other requirements as those specified herein; and,
YWCA Fort Worth & Tarrant County shall require its contractors to provide YWCA Fort Worth &
Tarrant County with certificate(s) of insurance documenting such coverage. YWCA Fort Worth &
Tarrant County shall require its contractors to have City and YWCA Fort Worth &Tarrant County
endorsed as additional insured (as their interests may appear) on the contractors' insurance
policies. Where applicable, YWCA Fort Worth & Tarrant County shall require contractorq to
PROVIDER AGREEMENT Rev.12-27•• a a r,
YWCA Fort Worth&Tarrant County CVaf 66 � °� �'
Pre-School Child Care 1 FT. ` 011 U LA(
9
maintain builders risk insurance at the limit of applicable project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as specified by City.
13. Waiver of Immunity
If YWCA Fort Worth &Tarrant County is a charitable or nonprofit organization and has or claims
an immunity or exemption (statutory or otherwise) from and against liability for damages or
injury, including death, to persons or property, YWCA Fort Worth & Tarrant County hereby
expressly waives its rights to plead defensively such immunity or exemption as against City. This
section shall not be construed to affect a governmental entity's immunities under constitutional,
statutory or common law.
14. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with CDBG monies, pursuant to Title I of the Housing and
Community Development Act of 1974, as amended, (42 USC 5301 et seq.) it is expressly
understood and agreed by and between the Parties that this Contract is wholly conditioned upon
the actual receipt by City of Federal CDBG Year XXXII funds; that all monies distributed to
YWCA Fort Worth & Tarrant County hereunder shall be exclusively from Federal monies received
under said grant and not from any other monies of City; and that if such funds under City's grant
are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this
Contract and City shall not be liable for payment for any work or services performed by YWCA
Fort Worth&Tarrant County under or in connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's best
interest, in event of YWCA Fort Worth& Tarrant County' default, inability or failure to perform or
to comply with any of the terms herein, or, for other good cause.
c. Termination will be effected by written notice to YWCA Fort Worth & Tarrant County,
specifying the portions of the Contract affected and the effective date of termination. Upon
YWCA Fort Worth & Tarrant County' receipt of such termination notice, YWCA Fort Worth &
Tarrant County will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, except as necessary for completion of the portions of
the Contract not terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the Contract
being terminated.
d. YWCA Fort Worth & Tarrant County will return to City any unused CDBG Funds previously
advanced by City under this Contract within thirty (30) days of the effective date of Contract
termination. City will have no responsibility or liability for YWCA Fort Worth & Tarrant County'
expenditures or actions occurring after the effective date of Contract termination.
15. Certification Regarding Lobbying
a. he undersigned representative of YWCA Fort Worth & Tarrant County hereby certifies, to the
best of his or her knowledge and belief, that no federal appropriated funds have been paid or will
be paid, by or on behalf of YWCA Fort Worth & Tarrant County, to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal
PROVIDER AGREEMENT Rev.12-27-06
YWCA Fort Worth&Tarrant County
Pre-School Child Care 12
loan, the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan- or cooperative agreement.
YWCA Fort Worth & Tarrant County shall require that the language of this certification be
included in all contracts or agreements involving the expenditure of Federal funds.
b. 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, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, YWCA Fort Worth &
Tarrant County shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed when this
Contract was made or entered into. Submission of this certificate is a prerequisite for making or
entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000.00 and not more
than$100,000.00 for each such failure.
16. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all contractors of YWCA Fort Worth &Tarrant
County who perform any work in connection with YWCA Fort Worth & Tarrant County' program.
b. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
c. City's failure to insist upon the performance of any term or provision of this Contract or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to any
extent of City's right to assert or rely upon any such term or right on any future occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for action shall
lie in Tarrant County,Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by reference
and made a part of this Contract for all purposes, constitute the entire agreement between the
Parties concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall
be void. Any amendments to the terms of this Contract must be in writing and must be approved
by each Party.
f. All notices required or permitted by this Contract must be in writing and are deemed delivered
on the earlier of the date actually received or the third day following (i) deposit in a United States
Postal Service post office or receptacle; (ii) with proper postage (certified mail, return, receipt
requested); and (iii) addressed to the other Party at the address set out in the preamble of this
Contract or at such other address as the receiving Party designates by proper notice to the
sending Party.
g. None of the performance rendered under this Contract shall involve, and no portion of the
CDBG Funds transferred hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity, nor
shall said performance rendered or funds received be utilized so as to benefit, directly or
indirectly, any such sectarian or religious facility or activity.
h. YWCA Fort Worth & Tarrant County represents that it possesses the legal authority, pursuant
to any proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Contract and to perform the responsibilities herein required.
PROVIDER AGREEMENT Rev.12-27-06
YWCA Fort Worth&Tarrant County
Pre-School Child Care 13
i. YWCA Fort Worth & Tarrant County certifies that it has obtained a 501 (c) (3) Certificate from
the Internal Revenue Service. YWCA Fort Worth & Tarrant County shall notify City in writing of
any changes to its 501(c) (3) tax-exempt status during the term of this Contract.
j. This Contract shall inure only to the benefit of the Parties and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each
Parry hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
PROVIDER AGREEMENT Rev.12-27-06
YWCA Fort Worth&Tarrant County
Pre-School Child Care 14
IN WITNESS WHEREOF, the Pa a hereto have cuted three copies of IS Contract in Fort
Worth,Tarrant County,Texas, this day of , 200®.
CITY OF FORT WORTH, YWCA of Orth&T rant County
B �'` B 4e
-
Y Y: '
Dale A. Fisseler Ju ishop
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY-
c CI
-w•City Attorney
ATTEST:
Contract1 Aut;orization
City Secreta
Date
STATE OF TEXAS
COUNTY OF TARRANT
7
This instrument was acknowledged before me on UALA-1 , 200f by Dale A.
Fisseler, the Assistant City Manager of the City of Fort orth,7 be if of the City of Fort Worth.
ANA L. BRISENO Z id
Notary Public Notary Public, State of Texas
STATE OF TEXAS
oi 'y My Comm, Exp.01/1612007
,v:wwrwj9X001 RPM
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on -� c71� , 2006 by Ms.
Judi Bishop, the Executive Director of YWCA, a Texas non-profit corporation, on behalf of said
corporation.
2q` Y'p``n Enka S Brumley
H My Commission Expires Notary Public, State of Texa
050/2010
OFFICIAL ROD
CITY MCRETA Y
R WFUTH, TEN.
PROVIDER AGREEMENT Rev.12-29-05
YWCA
- -
YWCA of Metropolitan Fort Worth
Child Development Program 13
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/17/2006
DATE: Tuesday, October 17, 2006
LOG NAME: 05AT-RISK06 REFERENCE NO.: **C-21772
SUBJECT:
Approve a Joint Transfer Agreement with the Texas Workforce Commission Title VI for the Child
Care Development Program and Authorize Execution of Contracts with Service Providers for
Additional Child Care
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a joint transfer agreement for a total amount of up to $403,867 with the Texas Workforce
Commission (TWC) beginning October 1, 2006 and ending September 30, 2007 as part of the Title
VI Persons Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 for the Child Care
Development Program; and
2. Authorize the City Manager to execute contracts with the following organizations to provide additional
child care services, contingent upon approval and receipt of adequate funding from the TWC. All contracts
will begin October 1, 2006 and expire September 30, 2007:
YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334;
Clayton YES in an amount not to exceed $58,663;
Child Care Associates in an amount not to exceed $60,739;
YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed
$29,510.
TOTAL: $403,867
DISCUSSION:
The terms outlined in Title VI of the PRWORA of 1996 for the Child Development Program permits the use
of local funds allocated for child care services, as a match to access additional federal funds and provide
additional child care services.
For the purpose of this program, Community Development Block Grant (CDBG) funds are considered the
"local funds". The amounts requested are determined by a formula based on CDBG funds being spent on
At-Risk Child Care during the period October 1, 2006 through September 30, 2007. On May 16, 2006,
(M&C C-21458) the City Council authorized the execution of CDBG contracts with the service providers for
child care from June 1, 2006 through May 31, 2007, with an option to extend the contracts for up to one
year.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2007
Page 2 of 2
The City will participate in this joint transfer agreement in collaboration with TWC in order to access
$403,867 in additional child care funding for the contracted agencies providing child care services on behalf
of the City. In this agreement, the child care providers receive 100% reimbursement for services rendered
to At-Risk eligible children from the Child Care Management System (CCMS), not to exceed $403,867.
In this joint transfer agreement with the State, the City will not be the recipient of any federal funds from the
state. The City will use a portion of each child care provider's current CDBG funding to provide the local
match. Each agency is responsible for the following amounts of the local share:
YWCA of Fort Worth and Tarrant County in an amount not to exceed $48,124;
Clayton YES in an amount not to exceed $19,975;
Child Care Associates in an amount not to exceed $20,682;
YMCA of Metropolitan Fort Worth in an amount not to exceed $38,688; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $10,048
TOTAL: $137,517
The CDBG funding will be used to provide the local match, which will allow the child care provider's to draw
down the additional child care dollars from the state. The current CDBG child care agreements will be
extended until September 30, 2007 to allow for the use of the CDBG funds as match for the period of the
agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the funds are available in the current operating budget, as appropriated
of the Grants Fund.
TO Fund/Account/Centers FROM Fund/AccountlCenters
GR76 539120 005206140470 $48,124.00
GR76 539120 005206140480 $20,682.00
GR76 539120 005206140490 $10,048.00
GR76 539120 005206140500 $38,688.00
GR76 539120 005206140510 $19,975.00
Submitted for City Manager's Office b Dale Fisseler (6140)
Originating Department Head: Jerome Walker(7537)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2007