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CONTRACT NO,
STATE OF TEXAS §
COUNTIES OF TARRANT §
CITY OF FORT WORTH PROVIDER AGREEMENT
THIS contract is entered into by and between the City of Fort Worth ("City"), a home-rule
municipality in the State of Texas, acting through Richard Zavala, its duly authorized Acting
Assistant City Manager, and Child Care Associates ("vendor"), acting through Mr. John
Whitcamp, its duly authorized President & CEO. This contract entered into with specific
reference to a grant agreement between City and Texas Workforce Commission ("TWC") for the
transfer of funds, on file with the State of Texas as Child Care Transfer Expenditures Contract,
Uniform Contract Number 0502CCT003; Purchase of Service (POS) Number 03090T02 FY03.
The term of the contract will cover the time period beginning October 1, 2004 and end
September 30, 2005.
Vendor will provide child care services for families certified as "At Risk" for direct child
care. At Risk, according to Title VI of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) for the Child Care Development Programs, describes
families whose parents are working and need child care to keep their jobs. Their income must be
at or below 150% of Federal Poverty Income Limit. They must pay a parent fee, based on their
income and they must not be receiving Aid to Families with Dependent Children (AFDC).
Vendor agrees to provide services, contingent upon approval and receipt of adequate
funding for the Title VI At-Risk Child Care Program of the Texas Workforce Commission. This
contract is subject to availability of Local, State, and Federal funds. If funds are unavailable or
reduced, written notice will be given of termination, payment suspension, or funding reduction.
Vendor agrees to provide the Child Care Management System (CCMS) with the proper
information and documentation to allow the CCMS to determine the eligibility and the proper
Unit Rate for each child. CCMS will be responsible in charging the proper Unit Rate per child.
The Unit Rate will be determined by the rate established by the Local Workforce Development
Board (LWDB). The LWDB uses the current Child Care Management System (CCMS)
Maximum Rate for Tarrant County.
Vendor will receive 100% reimbursement for services rendered to At-Risk eligible children from
Child Care Management System (CCMS), not to exceed $60,739.
The terms outlined in Title VI of Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA) for the Child Care Development Programs allow cities to use local
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funds allocated for child care as a match to access additional federal funds to provide additional
child care services. For the purposes of this agreement, Community Development Block Grant
(CDBG) will be used as the local match.
The City will disburse CDBG monies as the local match in the Amount up to $20,628 to
the Local Workforce Development Board (LWDB) on a reimbursement basis following receipt
of a monthly report of certified "At-Risk" children served from the LWDB. The LWDB will
reimburse the Texas Workforce Commission (TWC) the local match (33.96%).
The City and the vendor further agree to abide by the following terms of this contract,
herein referred to as "agreement" or"contract":
1. a) This agreement may be canceled by mutual consent. If such mutual consent cannot be
attained, the vendor or City may give thirty(30) days written notice to the other party and
this agreement shall be terminated upon the expiration of the thirty (30) day period. This
provision does not rule out immediate termination allowed by this section.
b) Either party may end this agreement immediately if the parties are unable or unwilling
to make amendments to the agreement which may become necessary to continue the
agreement because o£
A change in state or federal laws;
- A reduction in or exhaustion of available state or federal funds;
A change in TWC or other requirements.
Any obligations incurred by either party before the termination date of this agreement
must be met. Termination of this agreement does not release the vendor from the
requirement to keep records and allow access to records for three years and 90 days.
2. The vendor will carry a minimum of $250,000 per occurrence of liability insurance for
the entire time period covered by the agreement. The vendor will indemnify City for
claims of injury resulting from the vendor's provision of child care under this agreement.
3. Child care programs administered by independent school districts, including pre-
kindergarten programs, by a state college or university or by the federal government are
exempt from the liability insurance requirements cited in numbered paragraph two (2)
above (40 TACCC §10.3445).
4. The vendor accepts as payment in full the approved rate(s) for care and transportation as
described in this agreement, for authorized enrollment days, reduced by the assessed
parent fee amount or child care subsidies (where applicable) and any previous
overpayment(s).
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The vendor accepts as payment in full the authorized inclusion assistance rates reduced
by the assessed parent fee amount or child care subsidies (where applicable) and any
previous overpayment(s) as described in this agreement. The vendor is authorized by
City to receive additional reimbursement only for individual children that the City and
vendor agree need extra adult assistance. The amount of the inclusion assistance rate
(150% or 190%) is based on the amount of assistance needed and is determined by City.
5. The vendor must comply with applicable local/state licensing and registration
requirements.
• The vendor must have a valid license (provisional or permanent) or registration in
order to become a vendor.
• The license or registration must be maintained at all times during this agreement.
6. The vendor must have a valid agreement prior to receiving City referred children and will
only be paid for delivering child care services on or after the effective date and on or
before the termination date of the agreement. To be valid:
• This agreement must be signed and dated prior to or on the effective date of the
agreement.
• A new agreement must be completed if the vendor receives a new license.
• The agreement may not cover any period of time where the vendor does not have
a valid license or registration such as during the application phase that licensing
allows.
• The vendor must be insured as required in numbered paragraph two (2) (note
exception in numbered paragraph three (3)).
7. This agreement authorizes the placement of City of Fort Worth children only in the
specific facility at the specific location identified on this agreement.
• The vendor may not transfer the vendor agreement to any other entity, facility or
location.
• The vendor may not move City referred children to another facility without the
prior approval and consent of City.
• The vendor may submit bills only for authorized City referred children under City
authorized conditions.
8. The vendor must inform City prior to changes in:
- the name of the facility;
- ownership, governing body or corporate status;
- the contact person;
- the location/address of the facility;
- the conditions or status of the license or registration;
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scheduled holidays;
hours of the program;
- ages of the children served;
- published rates and/or fees;
transportation policies;
liability insurance coverage; or
any other changes to child care services provided.
• The vendor must inform City immediately of any anticipated changes that will
affect the terms of this agreement or the nature of the child care services provided.
• Failure to inform the City about any of these changes before their occurrence may
result in adverse actions against the vendor.
• Depending upon the nature of the changes, City will determine whether a new or
amended agreement is required or if only updates to the Vendor Data Worksheet
are necessary.
9. Adverse actions against the vendor include but are not limited to:
- suspension, termination or non-renewal of the agreement;
- the closing of intake;
- removal of City referred children;
- temporary withholding of payments;
- non-payment for child care services delivered; and
- recoupment of funds paid to the vendor.
• City will terminate this agreement if:
the vendor loses its license or registration status;
the vendor is not insured as required.
• City may terminate this agreement if:
serious corrective or adverse action(s) are taken by the state-licensing
agency;
there are continued non-compliances with state or local licensing
requirements;
there are continued non-compliances with vendor requirements; or,
- an owner or employee of the vendor is convicted of fraud.
• The vendor will not receive payment for any child care services provided during
any time period not covered by:
- a current license or registration,
- the required amount of liability insurance, or
- a current agreement.
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• The vendor will also not receive payment for any child care services provided for
any child on any day that the number of children attending exceeds the
license/registered capacity of the facility.
10. All children must be treated fairly and equitably regardless of race, color, national origin,
age, sex, disability, political beliefs, type of facility or religion. Parent choice will be
honored in determining child care arrangements to the extent required by the funding
source for the parent/child involved.
11. The vendor will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans
Disabilities Act of 1990 (Public Law 101-336), the Health and Safety Code Section
85.113 (relating to workplace and confidentially guidelines regarding AIDS and HIV),
and all amendments to each, and all requirements imposed by the regulations issued
pursuant to these acts. In addition, the vendor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code. These provide in part that no persons in the
United States shall, on the grounds of race, color, national origin, sex, age disability,
political beliefs or religion be excluded from participation in, or denied, any aid, care,
service or other benefits provided by federal and/or state funding, or otherwise be
subjected to discrimination.
The vendor will not discriminate against children with disabilities. The vendor will also
not discriminate against children with AIDS. The vendor will comply with the Health
and Safety Code Section 85.113 by adopting and implementing HIV/AIDS workplace
guidelines for employees and clients; by providing educational programs for employees
and clients; and, by developing and implementing guidelines regarding confidentially of
HIV/AIDS related medical information for employees and clients served.
12. The vendor will comply with the requirement of the Immigration Reform and Control Act
of 1986 regarding employment verification and retention of verification forms for any
individuals hired on or after November 6, 1987, who will perform any labor or services
under this agreement.
13. The vendor must inform appropriate vendor staff of all relevant requirements in this
agreement and the Vendor Manual in order to maintain compliance.
14. The vendor shall perform all work and services hereunder as an independent contractor,
and not as an officer, agent, servant or employee of the City. Vendor shall have exclusive
control of, and the exclusive right to control the details of the work performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, agents, and employees. Nothing herein shall be construed as
creating a partnership or joint venture between the City and vendor, its officers, agents,
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and employees, and doctrine of respondent superior has no application as between the
City and vendor.
15. This agreement will not be construed in any form or manner to establish a partnership,
joint venture or agency, express or implied, nor any employer-employee, borrowed
servant or joint enterprise relationship by and among the parties. The City shall be an
independent contractor and shall be responsible at times for directing its employees in the
course of their duties. Vendor shall be responsible at all times for directing Customer's
employees in the course of their duties.
16. Notices to be provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of
the other party shown below:
Mr. Richard Zavala, Mr. John Whitcamp
Acting Assistant City Manager President & CEO
City of Fort Worth Child Care Associates
1000 Throckmorton Street 3000 E. Belknap
Fort Worth, TX 76102 Fort Worth, TX 76111
(817) 392-6222 (817) 838-0055
17. Vendor agrees that the City shall, until the expiration of four (4) years after final payment
under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of the vendor involving transactions relating to this
agreement. Vendor agrees that the City shall have access during normal working hours to
all necessary vendor facilities and shall be provided adequate and appropriate workspace
in order to conduct audits in compliance with the provisions of this section. The City
shall give vendor reasonable advance notice of intended audits.
Vendor further agrees to include in all its subcontracts hereunder a provision to the effect
that the vendor agrees that the City shall, until the expiration of four (4) years after final
payment under the subcontract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such vendor, involving transactions to
the subcontract, and further, that City shall have access during normal working hours to
all vendor 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 vendor
reasonable advance notice of intended audits.
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18. Vendor agrees to photocopy such documents as may be requested by the City. The City
agrees to reimburse vendor for the costs of copies at a rate published in the Texas
Administrative Code.
If audit discloses overcharges of any nature by vendor, in excess of 5% or the total
contract cost, the Consultant shall pay the reasonable cost of the City's audit.
19. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas.
20. This agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
21. The provisions of this agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of this Agreement or the application thereof to any person
or circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Agreement and the application of
such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to
other persons or circumstances shall not be affected thereby and this Agreement shall be
construed as if such invalid or unconstitutional portion had never been contained therein.
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Executed this day of M6V9'-" - , 2004.
Attest: CITY OF FORT WORTH
rv�
City Secretary
chard Zavala
A ing Assistant City Manager
Approved for Form and Legality:
' 1
itt Attorney
n ���J� 14 J 1 camp
Contract Autho i zatioa resident& CEO
Child Care Associates
Date
STATE OF TEXAS §
COUNTIES OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared John Whitcamp, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
Child Care Associates and that she executed the same as the act of said Child Care Associates for
the purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of,
A/LU g,r'— r" A.D. 2004.
ROBERT E. DUKE JR.
-°: Notary Public,State of Texas
My Commission Expires NoPublic in andir7-71
November 03,2007 the State of Texas
STATE OF TEXAS §
COUNTIES OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Richard Zavala, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
City of Fort Worth for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of,
A 10-u� A.D. 2004.
Av P`e� ROSELLA BARNES
NOTARY PUBLIC Notary Public in and for
State of Texas the State of Texas
'koF Comm. Exp. 03-31-2005
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/5/2004
DATE: Tuesday, October 05, 2004
LOG NAME: 02AT-RISK REFERENCE NO.: **C-20314
SUBJECT:
Acceptance of Additional Funding and Contracts with Service Providers for Texas Workforce
Commission Title VI At-Risk Child Care Development Fund and Additional Contracts with Service
Providers for Child Care
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a joint transfer agreement in an amount up to $402,531 with the Texas Workforce
Commission (TWC) beginning October 1, 2004 and ending September 30, 2005 as part of the Title VI of the
Personal 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, the Title VI
Child Care Development Program. All contracts will begin October 1, 2004 and expire September 30, 2005:
YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334; and
Clayton YES in an amount not to exceed $58,663; and
Child Care Associates in an amount not to exceed $60,739; and
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 $28,174.
TOTAL: $402,531
DISCUSSION:
The terms outlined in Title VI of the PRWORA of 1996 for the Child Care Development Program allows
cities to use local funds allocated to child care services as a match to access additional federal funds to
provide additional child care services.
For the purpose of this program, Community Development Block Grant (CDBG) funds are considered to be
"local funds". The amounts requested are determined by a formula based on CDBG funds being spent on
At-Risk Child Care during the period October 1, 2004 through September 30, 2005.
The City will participate in this joint transfer agreement in collaboration with TWC in order to access
$402,531 in additional child care funding for providers servicing the City. In this agreement, the child care
Lo2name: 02AT-RISK pnCre I of
providers will receive 100% reimbursement of services rendered to At-Risk eligible children from the Child
Care Management System (CCMS), not to exceed $402,531.
In this joint transfer agreement, TWC will reimburse CCMS the federal share (up to $265,824) and the City
will reimburse TWC the local share (up to $136,707) of expenditures. The City will designate up to
$136,707 in CDBG funding as the local match.
In this 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 $47,999.66; and
Clayton YES in an amount not to exceed $19,923.01; and
Child Care Associates in an amount not to exceed $20,628.10; and
YMCA of Metropolitan Fort Worth in an amount not to exceed $38,587.81; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed
$9,568.42.
TOTAL: $136,707
These services are provided in all Council Districts.
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/Account/Centers
GR76 539120 002206929470 $47,999.66
GR76 539120 002206929480 $220,628.10
GR76 539120 002206929490 $9,568.42
GR76 539120 002206929500 $38,587.81
GR76 539120 002209929510 $9,923.01
Submitted for City Manager's Office b . Richard Zavala (Acting) (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Deidra Emerson (7563)
Winame: 02AT-RISK Nee 2 of 2