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HomeMy WebLinkAboutContract 34520 CITY SECRETARY 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 Fort Worth Housing Authority, whose address is P.O. Box 430, Fort Worth,Texas 76101, acting by and through Ms. Barbara Holston, its duly authorized Executive Director. (Sometimes City and Fort Worth Housing Authority 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, Fort Worth Housing Authority 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, Fort Worth Housing Authority 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, Fort Worth Housing Authority CDBG funds will be used as the local matching funds to draw down additional child care dollars for Fort Worth Housing Authority 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. Fort Worth Housing Authority will administer child care services to City citizens under the program name AMAKA("Program"), for the term October 1,2006 to September 30, 2007. b. This Contract authorizes Fort Worth Housing Authority to provide child care services only at the child care facility at the specified Program location(s). Fort Worth Housi not move eligible children to another facility without the prior approval and con evWIcrr�,�. � � PROVIDER AGREEMENT Rev.12-27 06 Fort Worth Housing Authority ClIff r, AMAKA Child Care TEX. c. Fort Worth Housing Authority 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 Fort Worth Housing Authority on this Contract or any other contract with Fort Worth Housing Authority, or terminate this Contract as described herein. d. City will monitor and evaluate Fort Worth Housing Authority' 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 Fort Worth Housing Authority within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. e. Fort Worth Housing Authority 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 Ten Thousand Forty- Eight and 16/100 Dollars ($10,048.16) to LWDB to be used only for the Program described above on behalf of Fort Worth Housing Authority. The CDBG Funds disbursed to LWDB for the use and benefit of Fort Worth Housing Authority 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 Twenty Nine Thousand Five Hundred-Ten and no/100 Dollars ($29,510.00) 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. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Twenty Nine Thousand Five Hundred- Ten and no/100 Dollars ($29,510.00) Fort Worth Housing Authority may seek reimbursement only for child care services performed for children approved by City under conditions authorized by this Contract. e. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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. Fort Worth Housing PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 2 Authority is authorized by City to receive additional reimbursement only for individual children that City and Fort Worth Housing Authority agree need extra adult assistance. g. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Fort Worth Housing Authority 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 Fort Worth Housing Authority 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 Fort Worth Housing Authority shall maintain all records pertinent to the activities to be funded under this Contract as required in 24 CFR S 570.506. In addition, Fort Worth Housing Authority 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. Fort Worth Housing Authority may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. (2) Fort Worth Housing Authority will retain any Program loan records until four (4) years after the expiration of any loan. iii. Closeouts Fort Worth Housing Authority' 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 S 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for Non-Profit Organizations", and PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 3 A-133, "Audits of States, Local Governments, and Non-Profit Organizations", as appropriate. The audit may cover either Fort Worth Housing Authority's 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. Fort Worth Housing Authority'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 (Fort Worth Housing Authority' 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 Fort Worth Housing Authority'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 Fort Worth Housing Authority under this Contract for the purpose of audit, examination, exception and transcription at all of Fort Worth Housing Authority's offices at all reasonable hours. Fort Worth Housing Authority agrees to allow access during all reasonable hours to all necessary Fort Worth Housing Authority facilities and shall provide adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Fort Worth Housing Authority reasonable advance notice of intended audits. (3) Fort Worth Housing Authority further agrees to include in all its contracts hereunder a provision to the effect that Fort Worth Housing Authority 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) Fort Worth Housing Authority agrees to photocopy such documents as may be requested by City during an audit. City agrees to reimburse Fort Worth Housing Authority 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 Fort Worth Housing Authority, in excess of 5% or the total Contract cost, Fort Worth Housing Authority 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 Fort Worth Housing Authority. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Fort Worth Housing Authority. (6) If as a result of any audit it is determined that Fort Worth Housing Authority or LWDB have misused, misapplied or misappropriated all or any part of the CDBG Funds, Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 4 Contract. Such records shall be kept for the time period mandated by the CDBG Regulations and this Contract. ii. Fort Worth Housing Authority 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. Fort Worth Housing Authority Requirements a. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Fort Worth Housing Authority. Depending upon the nature of the changes, City will determine whether a new or amended agreement is required. Adverse actions against Fort Worth Housing Authority 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 Fort Worth Housing Authority. c. Fort Worth Housing Authority must inform all of its necessary and appropriate staff as well as LWDB representatives of all relevant requirements in this Contract and the Fort Worth Housing Authority requirements and guidelines, including the Fort Worth Housing Authority manual, in order to maintain compliance with this Contract. 6. Parent Choice Parent choice will be honored by Fort Worth Housing Authority 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 PROVIDER AGREEMENT Rev.12-2 0`� ��J',; Fort Worth Housing Authority AMAKA Child Care 5 �jHl� :E'i l". ' Fort Worth Housing Authority 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") • 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 110631 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. PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 6 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 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. 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 Fort Worth Housing Authority 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 Fort Worth Housing Authority, and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Fort Worth Housing Authority 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. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Contrac ci Lble City PROVIDER AGREEMENT Fort Worth Housing Authority AMAKA Child Care U� �� ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the Community Development Block Grant Entitlement Program Regulations, as amended, (24 CFR Part 570 et seq). Fort Worth Housing Authority 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 provisions of the CDBG Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies Fort Worth Housing Authority of any such violation on the part of Fort Worth Housing Authority or any of its officers, members, agents, employees, Program participants or contractors, then Fort Worth Housing Authority shall immediately desist from and correct such violation. iii. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 reg4rding confidentially of HIV/AIDS related medical information for employees and clients served. iv. Fort Worth Housing Authority 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. Fort Worth Housing Authority will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Fort Worth Housing Authority permit its officers, members, agents, employees, contractors or Program participants to engage in such discrimination. Fort Worth Housing Authority will not discriminate against children with disabilities. Fort Worth Housing Authority will also not discriminate against children with AIDS. b. Fort Worth Housing Authority 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. Fort Worth Housing Authority 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"), Fort Worth Housing Authority 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 Fort Worth Housing Authority, or employees of Fort Worth Housing Authority or any of its contractors. Fort Worth Housing Authority 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 PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 8 parties or contractors against City arising out of Fort Worth Housing Authority' 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 Fort Worth Housing Authority hereby covenants and agrees that Fort Worth Housing Authority, 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 the terms of such ordinances by either the Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Fort Worth Housing Authority 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 Fort Worth Housing Authority of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of Fort Worth Housing Authority, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Fort Worth Housing Authority or its contractors shall render this Contract voidable by City. 9. Minority and Women Business Enterprise Commitment Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Fort Worth Housing Authority shall be effective without City's prior written approval. 11. Independent Contractor a. Fort Worth Housing Authority shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Fort Worth Housing Authority shall have exclusive control of, and the exclusive right to control, the details of the work and services performed PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 9 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 Fort Worth Housing Authority, 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 Fort Worth Housing Authority. It is expressly understood and agreed that no officer, member, agent, employee, contractor, licensee or invitee of the Fort Worth Housing Authority, 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 Fort Worth Housing Authority, 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 Fort Worth Housing Authority, its officers, members, agents, employees, contractors, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Fort Worth Housing Authority 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. FORT WORTH HOUSING AUTHORITY 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 FORT WORTH HOUSING AUTHORITY 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. FORT WORTH HOUSING AUTHORITY 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 FORT WORTH HOUSING AUTHORITY, 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. PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 10 FORT WORTH HOUSING AUTHORITY 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. FORT WORTH HOUSING AUTHORITY SHALL REQUIRE ALL OF ITS CONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Fort Worth Housing Authority 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. Fort Worth Housing Authority understands and agrees that such insurance amounts may be revised upward at City's option and that Fort Worth Housing Authority shall revise such amounts within thirty (30) days following notice to Fort Worth Housing Authority of such requirements. d. Fort Worth Housing Authority 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 Fort Worth Housing Authority 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. Fort Worth Housing Authority shall agree to require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Fort Worth Housing Authority shall require its contractors to provide Fort Worth Housing Authority with certificate(s) of insurance documenting such coverage. Fort Worth Housing Authority shall require its contractors to have City and Fort Worth Housing Authority endorsed as additional insured (as their interests may appear) on the contractors' insurance policies. Where applicable, Fort Worth Housing Authority 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 Fort Worth Housing Authority 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, PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 11 including death, to persons or property, Fort Worth Housing Authority 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 Fort Worth Housing Authority 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 may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Fort Worth Housing Authority 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 Fort Worth Housing Authority' 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 Fort Worth Housing Authority, specifying the portions of the Contract affected and the effective date of termination. Upon Fort Worth Housing Authority' receipt of such termination notice, Fort Worth Housing Authority 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. Fort Worth Housing Authority 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 Fort Worth Housing Authority' expenditures or actions occurring after the effective date of Contract termination. 15. Certification Regarding Lobbying a. he undersigned representative of Fort Worth Housing Authority 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 Fort Worth Housing Authority, 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. Fort Worth Housing Authority 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, Fort Worth Housing PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 12 Authority 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 Fort Worth Housing Authority who perform any work in connection with Fort Worth Housing Authority'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. 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. Fort Worth Housing Authority 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. Fort Worth Housing Authority certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Fort Worth Housing Authority 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 party beneficiary of this Contract. Each Parry hereto shall be solely responsible for the fulfillment of its own contracts or commitments. A r� ( nrr.,y 01 PIC J�.�� �(�i � 0 vV�u PROVIDER AGREEMENT Rev.12- 0 STC%/ - Fort Worth Housing Authority AMAKA Child Care [SIGNATURES APPEAR ON FOLLOWING PAGE] PROVIDER AGREEMENT Rev.12-27-06 Fort Worth Housing Authority AMAKA Child Care 14 IN WITNESS WHEREOF, the P ti hereto have xe ute r copies of thi5' Contract in Fort Worth,Tarrant County,Texas, this . day o 2000. CITY OF FORT WORTH FORT WO TH HOUSING AUTHORITY C1G= By: By: Dale A. Fisseler Aarbara Holston Assistant City Manager Executive Director APPROVED AS TO FORM AND LEGALITY. -City Attorney Contract but rization AT,TEST: 10-11 Y-� ��' t Date City Secretary STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on , 200 by Dale A. Fisseler,Assistant City Manager of the City of Fort W r , on be f the City of Fort Worth. *y ANA L.BRISENO ✓ 411 Notary Public Notary Public,State of Texas STATE OF TEXAS OF My Comm.Exp.01/16/2007 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on Dk C. AI"*�04Y 20 , 2006 by Ms. Barbara Holston, the Executive Director of Fort Worth Housing Authority, on behalf of Fort Worth Housing Authority. ",-a Notary Public, State of Texas PROVIDER AGREEMENT Rev.12 29 Fort Worth Housing Authority �1 AMAKA Child Care 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