HomeMy WebLinkAboutContract 34512 CITY SECRETARY I D.
CONTRACT NO. ,,
STATE OF TEXAS
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
Dale A. Fisseler, its duly authorized Assistant City Manager, and Child Care Associates, whose
address is 3000 East Belknap, Fort Worth, Texas 76111, acting by and through Mr. John Whitcamp,
its duly authorized President & CEO. (Sometimes City and Child Care Associates 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-06-MC-48-0010, for Year XXXII;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate
income citizens (the "National Objective");
WHEREAS, Child Care Associates provides child care to families certified as "At Risk" under
Tide 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, Child Care Associates 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, Child Care Associates CDBG funds will be used as
the local matching funds to draw down additional child care dollars for Child Care Associates from
the Texas Workforce Commission through its Local Workforce Development Board ("LWDB").
NOW,THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. Child Care Associates will administer child care services to City citizens under the program
name Pre-School Child Care ("Program"), for the term October 1,2006 to September 30, 2007.
b. This Contract authorizes Child Care Associates to provide child care services only at the child
care facility at the specified Program location(s). Child Care Associates may not move eligible
children to another facility without the prior approval and consent of City. a
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c. Child Care Associates 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. All such documentation shall be furnished to City upon request if
necessary for City to fulfill its obligations under its Federal grant. If this documentation is not
maintained and furnished to City on request, City may exercise all remedies available under this
Contract, including the right to withhold payment to Child Care Associates on this Contract or
any other contract with Child Care Associates, or terminate this Contract as described herein.
d. City will monitor and evaluate Child Care Associates' 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 Child Care Associates within a reasonable period of
time after being notified in writing by City, procedures to suspend or terminate the Contract will
be initiated.
e. Child Care Associates 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. City will disburse CDBG funds ("CDBG Funds") in an amount up to Twenty Thousand Six
Hundred Eighty—One and 63/100 Dollars ($20,681.63) to LWDB to be used only for the Program
described above on behalf of Child Care Associates. The CDBG Funds disbursed to LWDB for
the use and benefit of Child Care Associates are a portion of City' CDBG grant monies from
HUD allocated for child care for use as the local match to draw up to an additional Sixty
Thousand Seven Hundred Thirty-Nine and no/100 Dollars ($60,739.00) of At-Risk Title VI funds
from the Texas Workforce Commission.
b. City shall disburse the CDBG Funds to the LWDB on a reimbursement of expenses basis
following receipt from LWDB of a monthly report of certified At Risk children served. Payment
by City to LWDB shall require completion of all City forms and copies of adequate supporting
documentation verifying eligibility of expenses as well as, where applicable, eligibility of
Program participants.
c. Child Care Associates 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. Child Care Associates 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.
d. Child Care Associates 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
Sixty Thousand Seven Hundred Thirty-Nine and no/100 Dollars ($60,739.00). Child Care
Associates may seek reimbursement only for child care services performed for children approved
by City under conditions authorized by this Contract.
e. Child Care Associates 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.
f. Child Care Associates accepts the reimbursement from 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. Child Care Associates is authorized by
City to receive additional reimbursement only for individual children that City and Child Care
Associates agree need extra adult assistance.
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g. Child Care Associates 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. Child Care Associates 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.
h. Child Care Associates 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 Child Care Associates agrees to comply with OMB Circular A-110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals 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
Child Care Associates 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
Child Care Associates shall maintain all records pertinent to the activities to be funded under
this Contract as required in 24 CFR § 570.506. In addition, Child Care Associates agrees to
keep records to fully document all expenditures charged to the CDBG portion of the Program,
including records documenting the eligibility of Program participants as more particularly
described herein. The documentation must support the amounts charged to the Program, the
eligibility of the Program participants, and demonstrate that the expenditures were
appropriate to the stated goals of the Program and allowable and/or eligible under applicable
Federal, state and City guidelines.
ii. Retention
(1) All records pertaining to the Program shall be retained for four (4) years following the
termination of this Contract. Child Care Associates may destroy Program records at the end
of this four (4) year period if no outstanding audit finding exists.
(2) Child Care Associates will retain any Program loan records until four (4) years after the
expiration of any loan.
iii. Closeouts
Child Care Associates' obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include,but are not limited to: making
final payments, disposing of Program assets (including the return of all unused materials,
equipment, unspent cash advances, Program income balances, and accounts receivable to
City), and determining the custodianship of records.
iv. 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 § 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 Child Care Associate's fiscal year during which t
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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. Child
Care Associate'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 (Child Care Associates' 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 Child Care Associate'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
Child Care Associates under this Contract for the purpose of audit, examination, exception
and transcription at all of Child Care Associate's offices at all reasonable hours. Child Care
Associates agrees to allow access during all reasonable hours to all necessary Child Care
Associates facilities and shall provide adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. City shall give Child Care Associates
reasonable advance notice of intended audits.
(3) Child Care Associates further agrees to include in all its contracts hereunder a provision to
the effect that Child Care Associates agrees that City shall, until the expiration of four (4)years
after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to
the contract, and further, that City shall have access during normal working hours to all
contractor 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 contractor
reasonable advance notice of intended audits.
(4) Child Care Associates agrees to photocopy such documents as may be requested by City
during an audit. City agrees to reimburse Child Care Associates 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 Child Care Associates, in excess
of 5% or the total Contract cost, Child Care Associates 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 Child Care Associates. If questions are not
resolved within this period, City reserves the right to withhold further funding under this
and/or future contract(s)with Child Care Associates.
(6) If as a result of any audit it is determined that Child Care Associates or LWDB have
misused, misapplied or misappropriated all or any part of the CDBG Funds, Child Care
Associates agrees to reimburse City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanction, penalty or other charge levied against City
because of such misuse, misapplication or misappropriation.
4. Reporting Procedures
Program Participant Records
i. Child Care Associates will keep or cause to be kept an accurate record of all actions taken
and all CDBG Funds expended, with source documents, in performance of this Contract.
Such records shall be kept for the time period mandated by the CDBG Regulations and this
Contract.
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ii. Child Care Associates will obtain and keep on file and furnish to City on request the
following information and/or documentation on each Program participant served by the
Program demonstrating such participant's eligibility for services provided:
a. Participant's name, address, annual income level or other basis for determining income
eligibility, and family size of participant's household.
b. Source documentation used for income verification including but not limited to pay check
stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding
unemployment benefits, W2s and the like.
c. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate.
5. Child Care Associates Requirements
a. Child Care Associates 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. Child Care Associates 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 Child
Care Associates. Depending upon the nature of the changes, City will determine whether a new
or amended agreement is required. Adverse actions against Child Care Associates 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 Child
Care Associates.
c. Child Care Associates must inform all of its necessary and appropriate staff as well as LWDB
representatives of all relevant requirements in this Contract and the Child Care Associates
requirements and guidelines, including the Child Care Associates manual, in order to maintain
compliance with this Contract.
6. Parent Choice
Parent choice will be honored by Child Care Associates and LWDB in determining child care
arrangements to the extent required by the funding source for the parent and child involved.
7. Applicable Laws
a. Federal
Child Care Associates 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:
• Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations")
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• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seg.)
• 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
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
• 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 contractor's
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 train. �
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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.
E 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. 450e) 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 Child Care Associates 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 Child Care Associates, and their respective successors, assigns, contractors and
subcontractors. Failure to fulfill these requirements shall subject Child Care Associates and
its contractors, 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. Other Laws
i. Child Care Associates 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 the term of this Contract.
ii. Child Care Associates covenants and agrees that its officers, members, agents, employees,
Program participants and contractors 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 Title I of the Housing and Community Development Act of 1974 (42
USC 5301 et seg.), as amended, and the Community Development Block Grant Entitlement
Program Regulations, as amended, (24 CFR Part 570 et seq). Child Care Associates further
promises and agrees that it has read, and is familiar with, the terms and conditions of the
Community Development Block Grant under which CDBG Funds are granted and any applicable
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provisions of the CDBG Regulations and that it will fully comply with them. It is agreed and
understood that, if City notifies Child Care Associates of any such violation on the part of Child
Care Associates or any of its officers, members, agents, employees, Program participants or
contractors, then Child Care Associates shall immediately desist from and correct such violation.
iii. Child Care Associates 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. Child Care
Associates 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.
iv. Child Care Associates 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. Child Care Associates will not unlawfully discriminate against any person or persons because
of sex, race, religion, age, disability, color, national origin, or familial status, nor will Child Care
Associates permit its officers, members, agents, employees, contractors or Program participants
to engage in such discrimination. Child Care Associates will not discriminate against children
with disabilities. Child Care Associates will also not discriminate against children with AIDS.
b. Child Care Associates covenants that neither it nor any of its officers, members, agents,
employees, Program participants or contractors,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. Child Care Associates further covenants that neither it nor its officers, members, agents,
employees, contractors, 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"),
Child Care Associates warrants that it and any and all of its contractors 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 Child
Care Associates, or employees of Child Care Associates or any of its contractors. Child Care
Associates 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 contractors against City arising out
of Child Care Associates' and/or its contractors' 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 Child Care Associates hereby covenants and agrees that Child Care Associates, its officers,
members, agents, employees and contractors, have fully complied with all provisions of same and
that no employee, employee-applicant or Program participant has been discriminated against by
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the terms of such ordinances by either the Child Care Associates or its officers, members, agents,
employees or contractors.
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 (1) year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Child Care Associates 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 Child Care Associates or its
contractors 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 Child Care
Associates of any land, materials, supplies or services purchased with any CDBG Funds
transferred hereunder, except on behalf of Child Care Associates, as an officer, employee,
member or Program participant. Any willful violation of this paragraph with the expressed or
implied knowledge of Child Care Associates or its contractors shall render this Contract voidable
by City.
9. Minority and Women Business Enterprise Commitment
Child Care Associates 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. Child Care
Associates 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 Child Care Associates shall be
effective without City's prior written approval.
11. Independent Contractor
a. Child Care Associates shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Child Care Associates 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, contractors, Program participants, licensees or
invitee. The doctrine of respondeat superior shall not apply as between City and Child Care
Associates, its officers, members, agents, servants, employees, contractors, Program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Child Care Associates. It is expressly understood and agreed that no
officer, member, agent, employee, contractor, licensee or invitee of the Child Care Associates, nor
any Program participant hereunder, is in the paid service of City and that City does not have the
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legal right to control the details of the tasks performed hereunder by Child Care Associates, its
officers, members, agents, employees, contractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging to
Child Care Associates, its officers, members, agents, employees, contractors, subcontractors,
Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way
damaged; and Child Care Associates hereby indemnifies and holds harmless City and its officers,
agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
a. CHILD CARE ASSOCIATES 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 CHILD CARE ASSOCIATES 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. CHILD
CARE ASSOCIATES 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 CHILD CARE ASSOCIATES, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, 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.
CHILD CARE ASSOCIATES 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.
CHILD CARE ASSOCIATES SHALL REQUIRE ALL OF ITS CONTRACTORS TO
INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND
PROVIDER AGREEMENT Rev.12-27-06
Child Care Associates
Pre-School Child Care 10
INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS
ABOVE.
b. Child Care Associates 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.
Child Care Associates understands and agrees that such insurance amounts may be revised
upward at City's option and that Child Care Associates shall revise such amounts within thirty
(30) days following notice to Child Care Associates of such requirements.
d. Child Care Associates 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.
e. 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
Child Care Associates 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.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program that
exceed those specified herein shall prevail.
g. Child Care Associates shall agree to require its contractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Child Care Associates
shall require its contractors to provide Child Care Associates with certificate(s) of insurance
documenting such coverage. Child Care Associates shall require its contractors to have City and
Child Care Associates endorsed as additional insured (as their interests may appear) on the
contractors' insurance policies. Where applicable, Child Care Associates shall require its
contractors 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 Child Care Associates 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, Child Care Associates 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.
14. 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, (42 USC 5301 et seq.) 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 XXXII funds; that all monies distributed to
Child Care Associates hereunder shall be exclusively from Federal monies received under said
PROVIDER AGREEMENT Rev.12-27-06
Child Care Associates
Pre-School Child Care 11
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 may, at its sole discretion, terminate this Contract
and City shall not be liable for payment for any work or services performed by Child Care
Associates 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 Child Care Associates' 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 Child Care Associates, specifying the portions
of the Contract affected and the effective date of termination. Upon Child Care Associates'
receipt of such termination notice, Child Care Associates will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, except as necessary for completion of the portions of
the Contract not terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the Contract
being terminated.
d. Child Care Associates will return to City any unused CDBG Funds previously advanced by City
under this Contract within thirty (30) days of the effective date of Contract termination. City will
have no responsibility or liability for Child Care Associates' expenditures or actions occurring
after the effective date of Contract termination.
15. Certification Regarding Lobbying
a. he undersigned representative of Child Care Associates 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 Child Care Associates, 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. Child Care Associates shall require
that the language of this certification be included in all contracts 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, Child Care
Associates 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 contractors of Child Care Associates who
perform any work in connection with Child Care Associates'program.
PROVIDER AGREEMENT Rev.12-27-06
Child Care Associates
Pre-School Child Care 12
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.
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
lie 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 Funds 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. Child Care Associates 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. Child Care Associates certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Child Care Associates 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.12-27-06
Child Care Associates
Pre-School Child Care 13
IN WITNESS WHEREOF,the Partied hereto have executed three copies of this Contract in Fort
Worth, Tarrant County,Texas, this C_l f day of 2006.
CITY OF FO T WOR H Child Care cia es
By: By:
Dale A. Fiss4rl johP4 hitcamp
Assistant City Manager President & CEO
APPROVED AS TO FORM D LEGALITY:
`s f.City Attorney
Contract Authorizatiox
ATTEST: \ o I fl\—I
1r \ Date
City Secretary up
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 2003by Dale A.
Fisseler, the Assistant City Manager of the City of Fort W ,on b alf of the ity of Fort Worth.
ANA L.BRISENONotary Public Notary Public, State of Texas
(amy
STATE OF TEXAS
Comm,Exp.0111817007
STATE OF TEXAS
COUNTY OF TARRANT 7
This instrument was acknowledged before me on _ / � '`"'�"'�� , 9 , 2006 by Mr.
John Whitcamp, the President & CEO of Child Care Associates, a Texas non-profit corporation, on
behalf of said corporation.
Notary Public,State of `�
' +JiEQB E: OWE JR,
t~ P
!Nvr...'1 state' ��of !®X
•: s �r�cxr+mms,�n Fenro�
PROVIDER AGREEMENT Rev. ' Mvw1 ROD
Child Care Associates ' UPE�
Pre-School Child Care Qp,
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/17/2006
DATE: Tuesday, October 17, 2006
LOG NAME: 05AT-RISK06 REFERENCE NO.: **C-21772
SUBJECT:
Approve a Joint Transfer Agreement with the Texas Workforce Commission Title VI for the Child
Care Development Program and Authorize Execution of Contracts with Service Providers for
Additional Child Care
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a joint transfer agreement for a total amount of up to $403,867 with the Texas Workforce
Commission (TWC) beginning October 1, 2006 and ending September 30, 2007 as part of the Title
VI Persons 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. All contracts
will begin October 1, 2006 and expire September 30, 2007:
YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334;
Clayton YES in an amount not to exceed $58,663;
Child Care Associates in an amount not to exceed $60,739;
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
$29,510.
TOTAL: $403,867
DISCUSSION:
The terms outlined in Title VI of the PRWORA of 1996 for the Child 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, 2006 through September 30, 2007. On May 16, 2006,
(M&C C-21458) the City Council authorized the execution of CDBG contracts with the service providers for
child care from June 1, 2006 through May 31, 2007, with an option to extend the contracts for up to one
year.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2007
Page 2 of 2
The City will participate in this joint transfer agreement in collaboration with TWC in order to access
$403,867 in additional child care funding for the contracted agencies providing child care services on behalf
of the City. In this agreement, the child care providers receive 100% reimbursement for services rendered
to At-Risk eligible children from the Child Care Management System (CCMS), not to exceed $403,867.
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 $48,124;
Clayton YES in an amount not to exceed $19,975;
Child Care Associates in an amount not to exceed $20,682;
YMCA of Metropolitan Fort Worth in an amount not to exceed $38,688; and
Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $10,048
TOTAL: $137,517
The CDBG funding will be used to provide the local match, which will allow the child care provider's to draw
down the additional child care dollars from the state. The current CDBG child care agreements will be
extended until September 30, 2007 to allow for the use of the CDBG funds as match for the period of the
agreement.
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 005206140470 $48,124.00
GR76 539120 005206140480 $20,682.00
GR76 539120 005206140490 $10,048.00
GR76 539120 005206140500 $38,688.00
GR76 539120 005206140510 $19,975.00
Submitted for City Manager's Office by: Dale Fisseler (6140)
Originating Department Head: Jerome Walker(7537)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2007