HomeMy WebLinkAboutContract 29192 STATE OF TEXAS §
CITY SECRETARYa�
COUNTIES OF TARRANT § CONTRACT NO.
AND DENTON
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 Charles R. Boswell, its duly authorized
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 September 1, 2003 and end
August 31, 2004.
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
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 $24,162 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(39.78%).
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 in paragraphs 1 and 2.
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 of:
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 paragraph 4 above (40 TAC
§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 paragraph 4 (note exception in
paragraph 5).
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.
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(
Executed this A� dnay of (,J ' 2003.
A t: CITY OF FORT WORTH
ity Secre ary Q-
Charles R. Boswell
Assistant City
itty�Manager
C19 1 (.1
Approved for Form and Legality: Contract Authorization
1,8103 -
Date
OC4ityAem�eyv
JobtfWhitcamp
President & CEO
Child Care Associates
C ��lc'r+ �12 1,12�i _.
� :':'Ou°TH, YEN.
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
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 O day of,
0e)-6 A.D. 2003.
ROBERT E.DUKE,Jai.
* MY COMMISSION EXPIRES Notary Public in and 4r
November 4,2003 the State of Texas
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Charles R. Boswell, 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,
Q� A.D. 2003.
,=o..• •�,a�t
ROSELLA BARNES
*: NOTARY PUBLIC
*! rh; state of Texas Notary Public in and for
F.oFPf Comm.Exp.03-31-2005 the State of Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
REFERENCE NO.: **C-19769 LOG NAME: 02ATRISKCARE
SUBJECT:
Acceptance of Additional Funding and Contracts with Service Providers for the Texas Workforce
Commission Title VI At-Risk Child Care Development Fund
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the acceptance of grant funds in an amount up to $402,531 from the Texas Workforce
Commission (TWC) in the state FY2003 budget (September 1, 2003, through August 31, 2004)
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
3. 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 fro..
the TWC, the Title VI Child Care Development Program. All contracts will begin September 1,
2003, and expire August 31, 2004:
YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334.00; and
Clayton YES in an amount not to exceed $58,663.00; and
Child Care Associates in an amount not to exceed $60,739.00; and
YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621.00; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to
exceed $28,174.00.
TOTAL $402,531.00
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 addional child care services.
For 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 September 1, 2003, through August 31,2004.
The City will participate in this local initiative agreement in collaboration with the TWC in order to access
$402,531.00 in additional child care funding for providers servicing the City. In this agreement, the child
care providers will receive 100% reimbursement of services rendered to At-Risk eligible children from the
Logname: 02ATR-TSKCARE Page l of 2
Child Care Management System (CCMS), not to exceed $402,531.00.
In this transfer agreement, the TWC will reimburse CCMS,the federal share (up to $242,404.00), and the
City will reimburse the TWC the local share (up to $160,127.00) of expenditures, The City will designate up
to $160,127.00 in CDBG funding as the local match.
In this local initiative 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 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 $56,222.65; and
Clayton YES in an amount not to exceed $23,336.34; and
Child Care Associates in an amount not to exceed $24,161.96; and
YMCA of Metropolitan Fort Worth in an amount not to exceed $45,198.45; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed
$11,207.60 .
TOTAL $160,127.00
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 002206845470 $56,222.65
GR76 539120 002206845480 $24,161.96
GR76 539120 002206845490 $11.207.60
GR76 539120 002206845500 $45,198.45
GR76 539120 002206845510 $23.336.34
Submitted for City Manager's Office by. Charles Boswell (6183)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Deidra Emerson (7563)
Logname: 02ATRISKCARE Page 2 of 2