HomeMy WebLinkAboutContract 47219 (2)NA
CCare lI ocall Match Contribution
Local Workforce Developrrnent
rJV V SECTARY
CONTRACT
1 Q
CONTRACT N'O�
gireement
oard
E OF C NTRIBUTOR CITY OF FORT WORTH — AFTER SCHOOL PROGRAM
NATION
TRANSFER
CERTIFICATION OF
EXPENDITURES
PLEDGE t II ,OC It , M
1,600,000
CH AMOUNT
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): Tarrant County Workforce Development Board.
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 person 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 14 2015, and continuing through September 30, 2016.
Signature
Printed Name
Title
E-maill Address
(optional)
CITY OF FORT WORTH
CONTRIBUTOR
Valerie R. Washington
Asst. City Manager
Valerie.r.washington@fortworthtexas.gov
Page 1 of 9
TARRANT COUNTY WORKFORCE
DEVELOPMENT BOARD
LOCAL WORKFORCE DEVELOPMENT
BOARD
c7k,
Judy McDonald
Executive Director
judy.mcdonaldtwc.state.tx.us
OFFICIAL RECORD
CITY
WD Letter 30-12, Change 1, Attachment 1
FT. WO"NTH,T
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 Funds (CCDF) 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: The contributor, by executing this agreement, certifies that pursuant to Labor Code
§301.021(b) and Texas Government Code §575.005:
a. If the contributor is a private entity, 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, i.e., "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) Prior to 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 prior to 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:
have a contract with TWC for services or products of a value of $50,000.00 or
greater or
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 Government
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
WT) Letter 30-12, Change 1, Attachment 1 Page 2 of 9
on which TWC accepted a donation from the contributor unless the contract or bid relates
only to providing child care services.
SECTION 3: 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 donations and transfers of funds, checks remitted by the contributor must be made
payable to the "Texas Workforce Commission" or to the Board, and submitted to TWC
through the Board.
c. 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) three years after the end date of
this agreement, or 3) until the completion and resolution of all issues which 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.
d. 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.
e. To certify that the expenditures used as child care match are eligible for federal match, and
were not used to match other federal funds.
f. 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 provide the Board and TWC, upon request, data needed for federal reporting
purposes.
SECTION 4: 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 within the workforce area(s) consistent with the intent of this
agreement.
b. To ensure that child care services provided by funding made available through this
agreement are only those provided in accordance with applicable local, state, and federal
laws and regulations.
c. 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 §98.53(h).
WD Letter 30-12, Change 1, Attachment 1 Page 3 of 9
d. 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 provide TWC, upon request, data needed for federal reporting purposes.
e. 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.
SECTION 5: 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 §98.53 relating to matching fund
requirements, and 45 CFR §98.54 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
prior to 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 Contribution Information in this agreement.
WD Letter 30-12, Change 1, Attachment 1 Page 4 of 9
CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION
A. BOARD INFORMATION:
Board Name. Tarrant County Workforce Development Board (Workforce Solutions)
Board Address 1320 S. University Dr 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. 1000 Throckmorton
Fort Worth, Texas 7610.2
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 I Phone: 817.392.4286 I Fax:
E-mail Address: james.rodriquez@fortworthtexas.gov
C. ORIGINATING AGREEMENT INFORMATION:
Type of Contribution:
Donation (Private Entity)
Transfer (Public Entity)
X Certification (Public Entity)
Pledged Local Match Amount: $ 1,600,000
Program Number: 03090008
Did a Board Member assist in securing this local match agreement9 YES
• If YES, Name of Board Member:
• How did the Board Member assist?
is
NO
WD Letter 30-12, Change 1, Attachment 1 Page 5 of 9
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 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.
Direct Child
Care
Child Care
Quality
Improvement
Administration
and Operations
TOTAL
Fund Use
The funds will be used*
1. for direct child care services provided: [include a brief description of
use of the funds];
2. for eligible children and families meeting TWC's and Board's eligibility
criteria; and
3. at child care providers eligible under TWC rules.
Source of Local Funds:
The funds will be used for quality improvement activities allowable under TWC
rule §809.16.
Source of Local Funds:
The funds will be used for administration and operations in accordance with
applicable federal regulations and Agency policies.
Total planned local and federal funds resulting from donations and transfers. $
Planned Local
and Federal
Funding ($)
2. Certification of Expenditures: The descriptions below describe: (1) the allowable child care services or activities
that resulted in local certified expenditures, the source of the local funds, and (2) the Board's planned use of the
matched federal funds resulting from the certification of expenditures.
Direct Child
Care
Child Care
Quality
Improvement
Direct Child
Care
Child Care
Quality
Improvement
Administration
and Operations
TOTAL
Fund Use
Expenditures certified by the contributor resulted from:
1. direct child care services provided by: [child care provider or
organization, or entity]; and
2. non-CCDF funded children residing with a family at or below 85% of state
median income, and parents who are working or attending job training or
education.
Source of Local Funds:
Expenditures certified by the contributor resulted from quality improvement
activities allowable under TWC rule §809.16.
Source of Local Funds: City of Fort Worth will be certifying quality improvement
funds to expand after school enrichment activities for children in Tarrant County
ISD programs using Crime Tax Funds.
Fund Use
The federal funds will be used
1. for direct child care services provided in Tarrant County [include a brief
description of use of the funds];
2. for eligible children and families meeting TWC's and Board's eligibility
criteria; and
3. at child care providers eligible under TWC rules.
The funds will be used for quality improvement activities allowable under TWC
rule §809.16.
The funds will be used for administration and operations in accordance with
applicable federal regulations and Agency policies.
Total planned local and federal funds resulting from certifications of
expenditures.
Planned Local
Funding ($)
$ 1,600,000
Planned
Federal
Funding ($)
$ 2,893,719
$ 152,300
$ 4,646,019
WD Letter 30-12, Change 1, Attachment 1 Page 6 of 9
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*
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
TOTE_L
Actual Amount
*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):
Certification Period*
1. From 10/1/2015 to 9/30/2016
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
TOTnL
Reporting Date* *
10/3 0/2016
Planned Amount of
Expenditures
$ 1,600,000
$ 1,600,000
*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.
i
Completed original, signed fornts roust be sent to TWC's Board & Special Initiative Contracts department, 101 East
15th Street, Room 506T, Austin, Texas 78778-0001 Please call the Board's assigned contract manager, if you have
questions. An individual may receive and review information that TWC collects by sending an e-mail to
open.records(aD,twc.state.tx.us or writing to TWC Open Records Unit, 101 East 15th Street, Room 266, Austin, Texas
78778-0001.
WD Letter 30-12, Change 1, Attachment 1 Page 7 of 9
CERTIFICATION OF EXPENDITURES
BY A PUBLIC ENTITY
Name of Contributing Public Entity: City of Fort Worth -- After School Program
The public entity named above certifies expenditures in the amount of $ 1,600,000 to be used as
state matching funds to draw down available federal matching funds as authorized in the CCDF
regulations at 45 CFR §98.53.
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; and
4) do not represent expenditures for public prekindergarten programs as referenced in 45 CFR
§98.53(h).
Signature of authorized agent:
UDC tv-zir
Printed name of authorized agent: Valerie R. Washington
Title of authorized agent: Asst. City Manager
APPROVAL RECOMI [ENDED:
By: N..,/"
Chief Joel F. Fitzgerald
Chief of Police
Date: 1/1 b/2
APPROVED AS TO FORM AND LEGALITY:
By: VlePAT-Ue,
Victoria D. Honey
Assistant City Attorney
Date:
I t IF isej
CONTRACT AUTHORIZATI
ATTEST:
By:
City e, -tary
Date: /i3/6'
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
WD Letter 30-12, Change 1, Attachment 1
Page 8 of 9
Name of Donor:
JOINT CERTIFICATION OF FUNDS
DONATED FROM PRIVATE SOURCES
The Donor named above contributes funds in the amount of $ to TWC to be used as state
matching funds to draw down available federal matching funds as authorized in the CCDF
regulations at 45 CFR §98.53.
By signing below, the Donor and TWC certify that the donated funds specified above:
1) are available and represent expenditures eligible for federal match;
2) are donated without any restriction that would require their use for a specific individual,
organization, facility, or institution;
3) do not revert to the Donor's facility or use; and
4) are not used to match other federal funds.
Signature of authorized agent
Printed name of authorized agent
Title of authorized agent
DONOR'S CERTIFICATION
TWC'S CERTIFICATION
Signature of authorized agent:
Printed name of authorized agents Reagan Miller
Title of authorized agent: Director, Workforce Development Division
WD Letter 30-12, Change 1, Attachment 1 Page 9 of 9