HomeMy WebLinkAboutContract 33154 CITY SECRETARY
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
Richard Zavala, its duly authorized Acting Assistant City Manager, and YMCA of Metropolitan Fort
Worth, whose address is 540 Lamar Street, Fort Worth, Texas 76102, acting by and through Mr.
Anthony Shuman, its duly authorized President. (Sometimes City and YMCA 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-05-MC48-0010,for Year XXXXI;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate
income citizens (the "National Objective");
WHEREAS, YMCA 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, YMCA 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, YMCA CDBG monies will be used as the local
matching funds to draw down additional child care dollars for YMCA from the Texas Workforce
Commission through its Local Workforce Development Board.
NOW,THEREFORE,THIS CONTRACT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. YMCA will administer child care services to citizens of the City of Fort Worth under the
program name School Aged Child Care ("Program"), for the term October 1, 2005 to September
30,2006.
b. This Contract authorizes YMCA to provide child care services only at the child care facility at
the specified Program location(s). The YMCA may not move eligible children to another facility
without the prior approval and consent of City.
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c. YMCA 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.
d. City will monitor and evaluate YMCA 's 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 YMCA within a reasonable period of time after being notified in
writing by City,procedures to suspend or terminate the Contract will be initiated.
e. YMCA 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. YMCA will use up to $38,812.58 of its CDBG monies allocated for child care for use as the
local match to draw up to an additional $113,621.00 of At-Risk Title VI funds from the Texas
Workforce Commission. City shall disburse up to $38,812.58 to the LWDB on a reimbursement
basis following receipt from LWDB of a monthly report of certified "At Risk" children served.
b. YMCA 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.
YMCA 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.
c. YMCA 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 $113,521.00.
YMCA may seek reimbursement only for child care services performed for children approved by
City under conditions authorized by this Contract.
d. YMCA 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.
e. YMCA accepts the reimbursement ftom LWDB and the parent fee, and any additional City-
approved child care subsidies, as payment in full for the care and transportation of At-Risk
eligible children on authorized enrollment days. YMCA is authorized by City to receive
additional reimbursement only for individual children that City and YMCA agree need extra
adult assistance.
f. YMCA 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. YMCA 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.
g. YMCA 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 YMCA agrees to comply with OMB Circular A-110, "Uniform A-IM;-i-+'
Requirements for Grants and Agreements with Institutions of Higher Education, H-°ss a�
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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
YMCA 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
YMCA shall maintain all records pertinent to the activities to be funded under this Contract
as required in 24 CFR S 570.506.
ii. Retention
(1) All records pertaining to the Program shall be retained for four (4) years following the
termination of this Contract. YMCA may destroy Program records at the end of this four (4)
year period if no outstanding audit finding exists.
(2) YMCA will retain any Program loan records until four (4) years after the expiration of any
loan.
iii. 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
in accordance with 24 CFR Sections S 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 YMCA 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. YMCA'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 (YMCA's 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 YMCA'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
YMCA under this Contract for the purpose of audit, examination, exception and transcription
at all of YMCA's offices at all reasonable hours. YMCA agrees to allow access during all
reasonable hours to all necessary YMCA facilities and shall provide adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. City
shall give YMCA reasonable advance notice of intended audits.
(3) YMCA further agrees to include in all its subcontracts hereunder a provision to the effect
that the YMCA agrees that 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 subcontractor, involving transactions to the
subcontract, and further, that City shall have access during normal working hours to all
subcontractor facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article. Cites shall give
subcontractor reasonable advance notice of intended audits.
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(4) YMCA agrees to photocopy such documents as may be requested by City during an
audit. City agrees to reimburse YMCA 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 YMCA , in excess of 5% or the
total contract cost,YMCA 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 YMCA . If questions are not resolved within this period, City reserves the right
to withhold further funding under this and/or future contract(s) with YMCA.
4. YMCA Requirements
a. YMCA 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. YMCA 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 YMCA . Depending
upon the nature of the changes, City will determine whether a new or amended agreement is
required. Adverse actions against YMCA 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 YMCA.
c. YMCA must inform appropriate YMCA staff of all relevant requirements in this Contract
and the YMCA requirements and guidelines, including the YMCA manual, in order to maintain
compliance with this Contract.
5. Parent Choice
Parent choice will be honored by YMCA in determining child care arrangements to the extent
required by the funding source for the parent and child involved.
6. Applicable Laws
a. Federal
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YMCA 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:
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• 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 seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where
applicable
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA")
and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as
amended (33 USC 1251 et seq.) 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 seq.), 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 seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.) 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
seq.)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.
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 emir's
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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 titles 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.
F. 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. 45Oe) 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 YMCA 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 YMCA, and their respective successors, assigns and subcontractors. Failure to
fulfill these requirements shall subject YMCA and its subcontractors, 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. YMCA 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 this Contract.
d. YMCA covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors 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 the Housing and Community Development Act of 1974 (42 USC 5301 et seq.),
as amended, and all related regulations. YMCA further promises and agrees that it has read, and
is familiar with, terms and conditions of the Community Development Block Grant under which
CDBG monies are granted and that it will fully comply with them. It is agreed and understood
that, if City notifies YMCA of any such violation on the part of YMCA or any of its officers, - —
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members, agents, employees, Program participants or subcontractors, then YMCA shall
immediately desist from and correct such violation.
e. YMCA 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. YMCA 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.
f. YMCA 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. YMCA will not unlawfully discriminate against any person or persons because of sex, race,
religion, age, disability, color, national origin, or familial status, nor will YMCA permit its
officers, members, agents, employees, subcontractors or Program participants to engage in such
discrimination. YMCA will not discriminate against children with disabilities. YMCA will also
not discriminate against children with AIDS.
b. YMCA covenants that neither it nor any of its officers, members, agents, employees, Program
participants or subcontractors, 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. YMCA further covenants that neither it nor its officers, members, agents, employees,
subcontractors, 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"),
YMCA warrants that it and any and all of its subcontractors will not 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 YMCA , or
employees of YMCA or any of its subcontractors. YMCA 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 subcontractors against City arising out of YMCA 's and/or its subcontractors' 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 YMCA hereby covenants and agrees that YMCA , its officers, members, agents, employees
and subcontractors, 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 YMCA or its officers,members, agents, employees or subcontractors.
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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 year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. YMCA 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 YMCA or its subcontractors 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 YMCA of any land,
materials, supplies or services purchased with any CDBG monies transferred hereunder, except
on behalf of YMCA , as an officer, employee, member or Program participant. Any willful
violation of this paragraph with the expressed or implied knowledge of YMCA or its
subcontractors shall render this Contract voidable by City.
9. Minority and Women Business Enterprise Commitment
YMCA 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. YMCA 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 YMCA shall be effective without
City's prior written approval.
11. Independent Contractor
a. YMCA shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. YMCA 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, subcontractors, Program participants, licensees or invitee. The doctrine of
respondeat superior shall not apply as between City and YMCA , its officers, members, agents,
servants, employees, subcontractors, Program participants, licensees or invitees, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and YMCA .
It is expressly understood and agreed that no officer, member, agent, employee, subcontractor,
licensee or invitee of the YMCA, 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 YMCA , its officers, members, agents, employees, subcontractors, Program
participants, licensees or invitees.
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b. City shall in no way nor under any circumstances be responsible for any property belonging to
YMCA , its officers, members, agents, employees, subcontractors, Program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and YMCA
hereby indemnifies and holds harmless City and its officers, agents, and employees from and
against any and all claims or suits.
12. Insurance and Bonding
a. YMCA 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 YMCA 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. YMCA LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL
INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF
OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF YMCA , ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, 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.
YMCA 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.
YMCA SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
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b. YMCA 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. YMCA
understands and agrees that such insurance amounts may be revised upward at City's option and
that YMCA shall revise such amounts within thirty (30) days following notice to YMCA of such
requirements.
c. YMCA 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.
d. 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
YMCA 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.
e. Any local, federal or other regulatory insurance or bonding requirements for the Program that
exceed those specified herein shall prevail.
f. YMCA shall agree to require its subcontractors to maintain applicable insurance coverages,
limits, and other requirements as those specified herein; and, YMCA shall require its
subcontractors to provide YMCA with certificate(s) of insurance documenting such coverage.
YMCA shall require its subcontractors to have City and YMCA endorsed as additional insured
(as their interests may appear) on the subcontractors' insurance policies. YMCA shall require its
subcontractors to 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 YMCA 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,YMCA 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.
4. 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, 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 XXXI funds; that all monies distributed to YMCA 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
PROVIDER AGREEMENT Rev.12-29-05
YMCA of Metropolitan Fort Worth
School Aged Child Care 10
may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any
work or services performed by YMCA 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 YMCA 's 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 YMCA , specifying the portions of the
Contract affected and the effective date of termination. Upon YMCA 's receipt of such
termination notice,YMCA will:
• Stop work under the Contract on the date and to the extent specified by City; and
• Terminate all orders and contracts to the extent that they relate to portions of the Contract
being terminated.
d. City will have no responsibility or liability for YMCA 's expenditures or actions occurring after
the effective date of Contract termination.
15. Certification Regarding Lobbying
a. The undersigned representative of YMCA 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
YMCA , 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 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. YMCA shall require that the language of this certification be
included in all subcontracts 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, YMCA 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 subcontractors of YMCA who perform any
work in connection with YMCA's 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.
PROVIDER AGREEMENT Rev.12-29-05 V .J j� r v io�`✓
YMCA of Metropolitan Fort Worth o?
School Aged Child Care 11
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
he 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 monies 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. YMCA 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.
i. YMCA certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service.
YMCA 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 parry 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.12-29-05 ? r'1 i1•'�'�
YMCA of Metropolitan Fort Worth V
School Aged Child Care 12 17,
IN WITNESS WHEREOF, the P s reto have ex�e t d t re o ies of this Contract in Fort
Worth,Tarrant County,Texas, this day of. 2006.
`r
CITY OF FORT WO1KT. H YMCA
By: By: f c
Ricrd Zavala Anthony Shuman
Actin Assistant City Manager President
APPROVED AS TO FORM AND LEGALITY:
City Attorney
� l
ATTEST: Contract Authorlz tion
f,v\ Date
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 2006 by Richard
Zavala, the Acting Assistant City Manager of the City of Fort *forth, on behalf of the City of Fort
Worth.
1AY'P II,, 7
RpSELIA BARNES .. ��.,__ _.. m..�. �--�-..
MV COMMISSION EXPIRES Notary Public, State of Texas
41 March 91,2009
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on �� 2006 by Mr.
Anthony Shuman, the President of YMCA a Texas on-profit cor oration, on behalf of said
corporation.
�1 W"Y", CAROLINE D. ROPER Notary Public, State of Texas
Notary Public,state of Texas
My commission Expires
November 19,2009
PROVIDER AGREEMENT Rev.12-29-05
YMCA of Metropolitan Fort Worth
School Aged Child Care 13
Page I o
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/25/2005
DATE: Tuesday, October 25, 2005
LOG NAME: 03AT-RISK REFERENCE NO.: **C-21101
SUBJECT:
Approve a Joint Transfer Agreement with the Texas Workforce Commission Title VI for the Child
Care Development Program; Authorize Execution of Contracts with Service Providers for Additional
Child Care and Authorize Extension of Community Development Block Grant Contracts with Service
Providers for Child Care
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a joint transfer agreement for a total amount of up to $402,531.00 with the Texas Workforce
Commission (TWC) beginning October 1, 2005 and ending September 30, 2006 as part of Title VI of their
Persons Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 for the Child Care
Development Program;
2. Authorize the City Manager to extend current Community Development Block Grant (CDBG) Year XXXI
contracts with Service Providers for Child Care for a period not to exceed September 30, 2006; 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 from the TWC. All contracts
will begin October 1, 2005 and expire September 30, 2006:
YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334.00;
Clayton YES in an amount not to exceed $58,663.00;
Child Care Associates in an amount not to exceed $60,739.00;
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 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, 2005 through September 30, 2006. On May 10, 2005,
(M&C C-20722) the City Council authorized the execution of contracts with the service providers for child
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/9/2006
Page 2 of 2
care from June 1, 2005 through May 31, 2006. The extension of these contracts will allow the use of CDBG
funds as local funding to cover the period from June 1, 2005 through September 30, 2006.
The City will participate in this joint transfer agreement in collaboration with TWC in order to access
$402,531.00 in additional child care funding for the contacted agencies providing child care services on
behalf of the City. In this agreement, the child care providers receive 100% reimbursement of services
rendered to At-Risk eligible children from the Child Care Management System (CCMS), not to exceed
$402,531.00.
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 $48,279.25;
Clayton YES in an amount not to exceed $20,039.10;
Child Care Associates in an amount not to exceed $20,748.25;
YMCA of Metropolitan Fort Worth in an amount not to exceed $38,812.58; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed
$9,624.15.
TOTAL: $137,503.33
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 Fun d/Accou nt/C enters
GR76 539120 003206005470 $48,279.25
GR76 539120 003206005510 $20,039.10
GR76 539120 003206005480 $20,748.25
GR76 539120 003206005500 $38,812.58
GR76 539120 003206005490 $9,624.15
Submitted for City Manager's Office Richard Zavala (Acting) (6222)
Originating Department Head: Bridgette Garrett (8519)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/9/2006