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HomeMy WebLinkAboutContract 51783 CITY SECRETARY Child Care Local Match Contribution AgreementCONTRACTNO. 5 7 3 Local Workforce Development Board 1 CONTRIBUTOR CITY OF FORT WORTH—AFTER SCHOOL PROGRAM PLEDGED LOCAL MATCH AMOUNT DONATION $ TRANSFER $ CERTIFICATION OF $ 1,400,000 EXPENDITURES The contributor identified above pledges the local funds as indicated in order for the Texas Workforce Commission(TWC)to draw down additional federal funds. Both the local and matched federal funds will be used for the provision of allowable child care services or activities in the following local workforce development area(s)(workforce area): Tarrant County Workforce Development Board or within the state if indicated through this agreement. All parties understand and agree that(1) the appropriate Federal Medical Assistance Percentage for Texas will be used to determine the amount of federal funds matched as a result of this local contribution,and(2)this agreement is contingent upon acceptance of this agreement in an open meeting by a majority of TWC's three-member Commission(Commission). SIGNATURES: The individual signing this agreement on behalf of the contributor or the Board hereby warrants that he or she has been fully authorized to: • execute this agreement on behalf of his or her organization; and • validly and legally bind his or her organization to all the terms,performances, and provisions of this agreement. For the faithful performance of this agreement as delineated,the parties below affix their signatures and bind their agencies effective October 1,2018, and continuing through September 30, 2019. CITY OF FORT WORTH TARRANT LOCAL WORKFORCE DEVELOPMENT CONTRIBUTOR BOARD Signature Printed Name Jay Chapa Ju6jL4cDonWd Title Assistant City Manager Executive Director E-mail Jesus.Chapa@fortworthtexas.gov judy.mcdonald@workforcesolutions.net Address (optional) 2 RECENED _ JAN 25 2019 -Tit REC®R® CITY OF FORT WO MYSEP—R(td Care Local Match Contribution Agreement r `' ''' SECRETARY Child Care Services Guide 2018 1 1""; aORTH,TX Child Care Local Match Contribution Agreement GENERAL AGREEMENT TERMS SECTION 1: Legal Authority In the State of Texas, TWC is designated as the lead agency for the administration of Child Care and Development Fund(CCDF) funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (42 United States Code (USC) §9801 et seq.). Pursuant to federal regulations (45 Code of Federal Regulations (CFR) Parts 98 and 99), TWC is the CCDF lead agency for Texas and the entity designated to accept donated funds from any private entity, or transferred funds from any public entity, or certifications of expenditures from public entities that may be used as match for available federal funds. As such, the terms of this agreement are contingent upon the certification of private donations (if applicable) by TWC, and the final acceptance of this agreement in an open meeting by a majority of TWC's three-member Commission. SECTION 2: For contributions from a private entity to TWC, the contributor, by executing this agreement, certifies that pursuant to Labor Code §301.021(b)—(d) and Texas Government Code §575.005: a. the contributor is not party to an administrative proceeding before the Commission. (i) Under Texas Government Code §575.005, "administrative proceeding"means a "contested case"as defined by Texas Government Code §2001.003, that is, "a proceeding, including a ratemaking or licensing proceeding, in which the legal rights,duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing." (ii) Before accepting this agreement, TWC will verify whether the private entity contributor is party to an administrative proceeding before the Commission. If the private entity contributor is, or becomes a party to, an administrative proceeding before the Commission before the Commission's acceptance of this agreement, Texas Labor Code §301.021(b) and Texas Government Code §575.005 prohibit the Commission from accepting this agreement until the 30th calendar day after the date that the decision in the proceeding becomes final under Texas Government Code §2001.144. b. If the contributor is a for-profit entity, the contributor does not currently: (i) have a contract with TWC for services or products of a value of$50,000.00 or greater; or (ii) have a bid in response to a request for proposal for such contract before TWC. This condition does not apply to a contract or bid that relates only to providing child care services. C. Upon execution of this agreement, if it is for the contribution of privately donated funds from a for-profit entity, the contributor understands that pursuant to Texas Labor Code §301.021(d), the contributor shall not enter into a contract with TWC or submit a bid in response to a request for proposal issued by TWC before the first anniversary of the date on Child Care Local Match Contribution Agreement Child Care Services Guide 2018 2 which TWC accepted a donation from the contributor, unless the contract or bid relates only to providing child care services. SECTION 3: For contributions from a private entity to a Board, consistent with Labor Code §301.021(b)—(d) and Texas Government Code §575.005: a. the contributor is not party to a Board-level complaint or appeal pursuant to Chapter 823, Subchapter B. (i) Before accepting this agreement, the Board will verify whether the private entity contributor is party to a Board-level complaint or appeal. If the private entity contributor is, or becomes a party to, a Board-level complaint or appeal before the Commission's acceptance of this agreement, the Commission will not accept this agreement until the 30th calendar day after the date that the decision in the proceeding becomes final under Chapter 823. b. If the contributor is a for-profit entity, the contributor does not currently: (i) have a contract with the Board for services or products of a value of$50,000.00 or greater; or (ii) have a bid in response to a request for proposal for such contract before the Board. This condition does not apply to a contract or bid that relates only to providing child care services. C. Upon execution of this agreement, if it is for the contribution of privately donated funds from a for-profit entity, the contributor understands that consistent with Texas Labor Code §301.021(d), the contributor shall not enter into a contract with the Board or submit a bid in response to a request for proposal issued by the Board before the first anniversary of the date on which the Board accepted a donation from the contributor unless the contract or bid relates only to providing child care services. SECTION 4: The contributor agrees as follows: a. To remit to TWC the pledged local share in accordance with Item E, Donation/Transfer Payment(s) and Certification of Expenditures Schedule. b. For public transfers of funds and private donations made to TWC, checks remitted by the contributor must be made payable to the "Texas Workforce Commission" and submitted to TWC. C. For private donations made to the Board, the contributor must remit the donation to the Board. d. To keep, and make available to TWC or the Board upon request,records adequate to show that the contributed funds put forth in this agreement are eligible for matching purposes. The records shall be retained and made accessible for the longer of. 1)the period specified by the Board's record retention policies for such records, 2) seven years after the end date of this agreement, or 3) until the completion and resolution of all issues that arise from any litigation, claim, negotiation, audit, or other action that began during and was ongoing as of the end of the normal retention period. Child Care Local Match Contribution Agreement Child Care Services Guide 2018 3 e. When certifying expenditures of public funds as the local match, to provide the Board and TWC with a statement that certifies the expenditures, and includes information detailing services delivered and expenditures in the format and within the time frames prescribed by the Board. f. When certifying expenditures of public funds as the local match, to report to TWC no later than the 14th month of the grant certifications consistent with the contributions schedules and payment plans specified in the local agreement. g. To certify that the expenditures used as child care match are eligible for federal match, and were not used to match other federal funds. h. Donations from private entities: (i) are donated without any restriction that would require their use for a specific individual, organization, facility, or institution; (ii) do not revert to the donor's facility or use; (iii) are not used to match other federal funds; (iv) shall be certified both by the donor and by TWC; (v) shall be subject to the audit requirements in 45 CFR §98.65; and (vi) shall be subject to federal reporting; entities shall provide the Board and TWC, on request, data needed for federal reporting purposes. SECTION 5: The Board agrees as follows: a. To use the funds donated or transferred by the contributor, and the resulting federal funds for child care services consistent with the intent of this agreement and in accordance with applicable local, state, and federal laws and regulations. b. To ensure that certified public expenditures (if applicable) represent expenditures eligible for federal match; were not used to match other federal funds,were not federal funds unless authorized by federal law to be used to match other federal funds, and do not represent expenditures for public prekindergarten programs as referenced in 45 CFR §98.55(h). C. To ensure that donations from private entities: (i) are donated without any restriction that would require their use for a specific individual, organization, facility, or institution; (ii) do not revert to the donor's facility or use; (iii) are not used to match other federal funds; (iv) shall be certified both by the donor and by TWC; (v) shall be subject to the audit requirements in 45 CFR §98.65; and (vi) shall be subject to federal reporting; entities shall provide the Board and TWC, on request, data needed for federal reporting purposes. d. To inform the contributor of the time frames and procedures for remitting payment of pledged funds or submitting reports delineating certification of expenditures during the contribution period. e. That the contributor, or contributor's authorized representative, shall, until the expiration of three (3) years after final payment under this agreement, and at no additional cost to contributor, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents,papers and records of the Board involving transactions relating to this contract, including any and all records maintained pursuant to Child Care Local Match Contribution Agreement Child Care Services Guide 2018 4 this Agreement. Board agrees that the contributor shall have access, during normal working hours, to all necessary Board facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Contributor shall pay Board for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Contributor shall give Board reasonable advance written notice of intended audits, but no less than ten (10)business days. SECTION 6: The Board and the contributor agree as follows: a. That performance under this agreement is contingent upon the certification of private donations(if applicable) and the final acceptance of this agreement in an open meeting by a majority of TWC's three-member Commission. b. "Child Care Local Match Contribution Information"is incorporated by reference. C. To comply with federal regulations in 45 CFR §98.55,relating to matching fund requirements, and 45 CFR §98.56, relating to restrictions on the use of funds. d. To submit a certification of expenditures report, certifying that the child care—related expenditures were incurred according to regulations and policies to draw down such federal matching funds, and have not already been used as match for any other federal matching program. e. Other agreed-upon local operating plans and procedures used to implement and carry out the terms and intent of this agreement must comply with Board policies and procedures. f. This agreement for the contributor to provide matching funds is contingent upon the availability and amount of unmatched federal CCDF appropriations. If such funds are otherwise unavailable or reduced,written notice of termination,payment suspension, or funding reduction will be given by any party. g. These terms and conditions may be amended by written agreement of all parties at any time before the current agreement end date, as indicated on page one of this agreement, contingent upon acceptance of the amended terms and conditions by all parties. h. If federal, state, or local laws, or other requirements are amended or judicially interpreted so as to render continued fulfillment of this agreement, on the part of any of the parties, substantially unreasonable or impossible, and if the parties should be unable to agree upon any amendment that would therefore be needed to enable the substantial continuation of the services contemplated herein, the parties shall be discharged from any further obligations created under the terms of this agreement, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination. i. This agreement may be terminated by any party, for any reason, upon written notification to the other parties of at least 30 days in advance of such termination. Such written notification will be sent to the contributor's address as specified in Section B of the Child Care Local Match Contributor Information in this agreement. Child Care Local Match Contribution Agreement Child Care Services Guide 2018 5 CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION A. BOARD INFORMATION: Board Name: Tarrant County Workforce Development Board Board Address: 1320 S. University, Suite 600, Fort Worth, TX 76107 Board Staff Contact Name: Lisa Witkowski Phone: 817.413.4441 Fax: 817.222.8267 E-mail Address: lisa.witkowski@workforcesolutions.net B. CONTRIBUTOR INFORMATION: Contributor Name: City of Fort Worth Contributor Address: 200 Texas Street Fort Worth,Texas 76102 Type of Entity: Government Name of Fiscal Agent(if applicable): Vendor ID Number or Federal Employer ID Number of Contributor or Contributor's Fiscal Agent: 1760005286001 Contributor Contact Name: James Rodriguez Phone: 817.392.4286 1 Fax: E-mail Address: james.rodriguez@fortworthtexas.gov C. ORIGINATING AGREEMENT INFORMATION: Type of Contribution: ❑ Donation(Private Entity) ❑ Transfer(Public Entity) ® Certification(Public Entity) Pledged Local Match Amount: $ 1,400,000 Federal: $2,783,544 Amounts secured in excess of the pledged local match amount, if any, are herein included in this agreement and approved for use in accordance with this agreement, including use for statewide match purposes, if agreed in this agreement. The contributor voluntarily agrees and allows that any local contributions secured in excess of the amount needed to draw down the federal match amount allocated to ❑Agree the workforce area may be used for statewide match purposes. (Check if agree.) Program Number: 03090008 Did a Board Member assist in securing this local match agreement? ❑ YES ® NO • If yes,Name of Board Member: • How did the Board Member assist? Child Care Local Match Contribution Agreement Child Care Services Guide 2018 6 D. USE OF FUNDS DESCRIPTION: The planned use of funds,including planned amounts,is described below. Use of funds must be in compliance with the state's CCDF State Plan in effect for the contract period. 1. Cash Contributions: The description below addresses the Board's planned use of local and federal funds resulting from donation and transfer of funds agreements. Planned Local Fund Use and Federal Funding $ Direct Child The funds will be used: Care 1. for direct child care services; 2. for eligible children and families meeting TWC and Board eligibility criteria; and 3. at child care providers eligible under TWC rules. Source of Local Funds: Child Care The funds will be used for quality improvement activities allowable under TWC Quality rule§809.16. $ Improvement Source of Local Funds: Administration The funds will be used for administration and operations in accordance with $ and Operations applicable federal regulations and TWC policies. TOTAL Total planned local and federal funds resulting from donations and transfers. $ 2. Certification of Expenditures: The descriptions below describe:(1)the allowable child care services or activities that resulted in local certified expenditures,(2)the source of the local funds,and(3)the Board's planned use of the matched federal funds resulting from the certification of expenditures. Fund Use Planned Local Funding $ Expenditures certified by the contributor resulted from: 1. direct child care services provided by: [child care provider or organization, $ Direct Child or entity]; Care 2. direct child care services provided to children under 13 years of age;and 3. the amount of local match expenditures being proportional to the low-income population in the area served using the expenditures. Source of Local Funds: Expenditures certified by the contributor resulted from quality improvement Child Care activities allowable under TWC rule§809.16. $ 1,400,000 Quality Source of Local Funds:City of Fort Worth will be certifying quality improvement Improvement funds to expand after school enrichment activities for children in Tarrant County ISD programs using Crime Tax Funds. Planned Fund Use Federal Funding $ The federal funds will be used: 1. for direct child care services provided:Tarrant Count v[include a brief $ 2,783,544 Direct Child description of use of the funds*]; Care 2. for eligible children and families meeting TWC and Board eligibility criteria; and 3. at child care providers eligible under TWC rules. *No restrictions can be placed on use of funds by contributor. ChildCareCa e The funds will be used for quality improvement activities allowable under TWC uality $ Improvement rule§809.16. Administration The funds will be used for administration and operations in accordance with and Operations applicable federal regulations and TWC policies. $ TOTAL Total planned local and federal funds resulting from certifications of $ 4,183,544 expenditures. Child Care Local Match Contribution Agreement Child Care Services Guide 2018 7 E. DONATION/TRANSFER PAYMENT(S)AND CERTIFICATION OF EXPENDITURES SCHEDULE: In compliance with Section 3(a)of this agreement,the contributor will remit payment or reports of actual expenditures in accordance with the completed schedule below. 1. Donation/Transfer Payment(s)(Local Funds): Donation/Transfer Date* Actual Amount 1. $ 2. $ 3. $ 4. $ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ 12. $ TOTAL $ *Pursuant to TWC rule§800.73(a)(2),the donation(s)/transfer(s)must occur within the effective program year in which the funds are allocated. 2. Public Entity Certification of Expenditures(Local Funds): F1 Certification Period* Lporti eng Date** Planned Amount of Expenditures 1. From 10/01/18 to 09/30/19 10/30/19 $ 1,400,000 2. From to $ 3. From to $ 4. From to $ 5. From to $ 6. From to $ 7. From to $ 8. From to $ 9. From to $ 10. From to $ 11. From to $ 12. From to $ TOTAL $ 1,400,000 *Pursuant to TWC rule§800.73(a)(2),the certification(s)must occur within the effective program year in which the funds are allocated. **Explanation is required below if reporting dates are outside the contract end date. City requires an additional month to close out books to provide expenditures. ➢ Private donor cash donations submit one original signed form to: TWC's Board/Adult Education and Literacy Grants department,101 East 15th Street,Room 104T,Austin, Texas 78778-0001. ➢ Public Entity Transfers and Certifications—submit one copy of the signed form to the e-mail address ccm.agreements(a)twc.state.tx.us. ➢ Please call the Board's assigned contract manager ifyou have questions.An individual may receive and review information that TWC collects by sending an e-mail to open.recordsktwc.state.tx.us or writing to TWC Open Records Unit,101 East 15th Street,Room 266,Austin, Texas 78778-0001. Child Care Local Match Contribution Agreement Child Care Services Guide 2018 8 CERTIFICATION OF EXPENDITURES BY A PUBLIC ENTITY Name of Contributing Public Entity: CITY OF FORT WORTH The public entity named above certifies expenditures in the amount of$ 1,400,000 to be used as state matching funds to draw down available federal matching funds as authorized in the CCDF regulations at 45 CFR §98.55. By signing below,the public entity named above certifies that the funds specified above: 1) are not federal funds, or are federal funds authorized by federal law to be used to match other federal funds; 2) are not used to match other federal funds; 3) represent expenditures eligible for federal match; 4) do not represent expenditures for public prekindergarten programs as referenced in 45 CFR §98.55(h). Signature of authorized agent: Printed name of authorized agent: Jay Chap Title of authorized agent: Asst. City Manager APPROVAL RECOMMENDED: By: Chief Joel F.Fitzgerald Chief of Police Date: i -'�, b/ J �- APPROVAL AS T O FORM AND LEGALITY: Contract Compliance Manager By signing I acknowledge that I am the person By: responsible for the monitoring and administration Thomas Royce ansen of this contract,including ensuring all performance Assistant City Attorney and reporting requirements. i Date: Narkio Title 03'-st CONTRACT AUTHORIZATION: 1 M&C: No M&C RequiredORT 1295 Certification No.: Re ;��"""""' ATTES ? 1 By: Mary J.Ka ser City Secretary 7'EX OFFICIAL RECORD -".. CITY SECRETARY Child Care Local Match Contribution Agreement Child Care Services Guide 2018 9 FT WORTH,TX