HomeMy WebLinkAboutContract 44069 (3)Child Care Local Match Contribution Agree
Local Workforce Development Board
NAME OF CONTRIBUTOR
DONATION
TRANSFER
CERTIFICATION OF
EXPENDITURES
CITYSECRETARY, CR4fTRD,CTNO. ti�il�tg
PLEDGED LOCAL MATCH AMOUNT
$ 1,600,000.00
The contributor identified above pledges the local funds as indicated in order for the Texas
Workforce Commission (TWC) to draw down additional federal funds. Both the local and
matched federal funds will be used for the provision of allowable child care services or activities
in the following local workforce development area(s) (workforce area) Tarrant County Workforce
Development Board (name of workforce area(s)).
All parties understand and agree that (1) the appropriate Federal Medical Assistance Percentage
for Texas will be used to determine the amount of federal funds matched as a result of this local
contribution; and (2) this agreement is contingent upon acceptance of this agreement in an open
meeting by a majority of TWC's three -member Commission.
SIGNATURES: The person signing this agreement on behalf of the contributor or the Board
hereby warrants that he or she has been fully authorized to:
• execute this agreement on behalf of his or her organization; and
• validly and legally bind his or her organization to all the terms, performances, and
provisions of this agreement.
For the faithful performance of this agreement as delineated, the parties below affix their
signatures and bind their agencies effective October 1, 2012, and continuing through September 30,
2013.
Signature
Printed Name
Title
E-mail Address
(optional)
CITY OF FORT WORTH
CONTRIBUTOR
Chafes W. Daniels
Asst. City Manager
charles.w.daniels@fortworthtexas.gov
TA.RRANT COUNTY WORKFORCE
DEVELOPMENT BOARD
LOCAL WORKFORCE DEVELOPMENT BOARD
Jud /McDonald
Executive Director
judy.mcdonald@twc.state.tx.us
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
WD Letter 30-12 Attachment 1,(09/1 1/12) Page 1 of 9
0 . _ .1 _ A
Child Care Local Match Contribution Agreement
GENERAL AGREEMENT TERMS
SECTION l: Legal Authority
In the State of Texas, the Texas Workforce Commission (TWC) is designated as the lead agency
for the administration of Child Care and Development Funds (CCDF) available under Title VI of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (42 United States
Code (USC) §9801, et seq.).
Pursuant to federal regulations (45 Code of Federal Regulations (CFR) Parts 98 and 99), TWC is
the CCDF Lead Agency for Texas and the entity designated to accept donated funds from any
private entity, or transferred funds from any public entity, or certifications of expenditures from
public entities that may be used as match for available federal funds. As such, the terms of this
agreement are contingent upon the certification of private donations (if applicable) by TWC, and
the final acceptance of this agreement in an open meeting by a majority of TWC's three -member
Commission
TWC's three -member Commission is prohibited by Texas Labor Code §301.321(b) and Texas
Government Code §575.005 from accepting this agreement if prior to such acceptance the
contributor is or becomes party to an administrative proceeding pending before the Commission,
and the agreement concerns the donation of funds from a private entity or the transfer of funds
from a public entity. Such prohibition applies until the 30th calendar day after the date the
decision in the proceeding becomes final under Texas Government Code §2001.144.
SECTION 2: The contributor, by executing this agreement, certifies that:
a. The contributor, if it is a for -profit entity, does not currently:
(i) have a contractual relationship with TWC for services or products of a value of
$50,000.00 or greater; or
(ii) have a bid before TWC for such a contract, except for a contract or bid that relates
solely to providing child care services.
b. Upon execution of this agreement, if it is for the contribution of privately donated or
publicly transferred funds, the contributor shall not enter into a contract with TWC or
submit a bid in response to a request for proposal issued by TWC before the first
anniversary of the date on which TWC accepted a donation from the contributor unless
the contract or bid relates only to providing child care services.
SECTION 3: The contributor agrees as follows:
a. To remit to TWC the pledged local share in accordance with Item E, Donation/Transfer
Payment(s) and Public Entity Certification of Expenditures Schedule.
b. For donations and transfers of funds, checks remitted by the contributor must be made
payable to the Texas Workforce Commission or to the Board, and submitted to TWC
through the Board.
c. To keep, and make available to TWC or the Board upon request records adequate to
show that the contributed funds put forth in this agreement are eligible for matching
purposes. The records shall be retained and made accessible for the longer of:
WD Letter 30-12, Attachment 1 (09/11/12) Page 2 of 9
(i) the period specified by the Board's record retention policies for such records;
(ii) three years after the end date of this agreement; or
(iii) until the completion and resolution of all issues which arise from any litigation,
claim, negotiation, audit, or other action that began during and was on -going as of
the end of the normal retention period.
d. When certifying expenditures of public funds as the local match, to provide the Board
and TWC with a statement that certifies the expenditures, and includes information
detailing services delivered and expenditures in the format and within the time frames
prescribed by the Board.
e. To certify that the expenditures used as child care match are eligible for federal match,
and were not used to match other federal funds.
f. Donations from private entities:
(i) are donated without any restriction that would require their use for a specific
individual, organization, facility, or institution;
(ii) do not revert to the donor's facility or use;
(iii) are not used to match other federal funds;
(iv) shall be certified both by the donor and by TWC;
(v) shall be subject to the audit requirements in 45 CFR §98.65; and
(vi) shall provide the Board and TWC, upon request, data needed for federal reporting
purposes.
SECTION 4: The Board agrees as follows:
a. To use the funds donated or transferred by the contributor and the resulting federal funds
for child care services within the workforce area(s) consistent with the intent of this
agreement.
b. To ensure that child care services provided by funding made available through this
agreement are only those provided in accordance with applicable local, state, and federal
laws and regulations.
c. To ensure that certified public expenditures (if applicable) represent expenditures eligible
for federal match; were not used to match other federal funds were not federal funds
unless authorized by federal law to be used to match other federal funds; and do not
represent expenditures for public prekindergarten programs as referenced in 45 CFR
§98.53(h)
d. To ensure that donations from private entities:
(i) are donated without any restriction that would require their use for a specific
individual, organization, facility, or institution;
(ii) do not revert to the donor's facility or use;
(iii) are not used to match other federal funds;
(iv) shall be certified both by the donor and by TWC;
(v) shall be subject to the audit requirements in 45 CFR §98.65; and
(vi) shall provide TWC, upon request, data needed for federal reporting purposes.
WD Letter 30-12, Attachment 1 (09/11/12) Page 3 of 9
e. To inform the contributor of the time frames and procedures for remitting payment of
pledged funds or submitting reports delineating certification of expenditures during the
contribution period.
SECTION 5: The Board and the contributor agree as follows:
a. That performance under this agreement is contingent upon the certification of private
donations (if applicable) and the final acceptance of this agreement in an open meeting by
a majority of TWC's three -member Commission.
b. "Child Care Local Match Contribution Infoinnation" is incorporated by reference.
c. To comply with federal regulations in 45 CFR §98.53 relating to matching fund
requirements, and 45 CFR §98.54 relating to restrictions on the use of funds.
d. To submit a certification of expenditures report, certifying that the child care related
expenditures were incurred according to regulations and policies to draw down such
federal matching funds, and have not already been used as match for any other federal
matching program.
e. Other agreed -upon local operating plans and procedures used to implement and carry out
the terms and intent of this agreement must comply with Board policies and procedures.
f. This agreement for the contributor to provide matching funds is contingent upon the
availability and amount of unmatched federal CCDF appropriations. If such funds are
otherwise unavailable or reduced, written notice of termination, payment suspension, or
funding reduction will be given by any party.
g. These teens and conditions may be amended by written agreement of all parties at any
time prior to the current agreement end date, as indicated on page one of this agreement,
contingent upon acceptance of the amended terms and conditions by all parties.
h. If federal, state, or local laws, or other requirements are amended or judicially interpreted
so as to render continued fulfillment of this agreement, on the part of any of the parties,
substantially unreasonable or impossible, and if the parties should be unable to agree
upon any amendment that would therefore be needed to enable the substantial
continuation of the services contemplated herein, the parties shall be discharged from any
further obligations created under the teens of this agreement, except for the equitable
settlement of the respective accrued interests or obligations incurred up to the date of
termination.
i. This agreement may be terrninated by any party, for any reason, upon written
notification to the other parties of at least 30 days in advance of such
termination. Such written notification will be sent to the contributor's
address as specified on Page 5 of this agreement
WD Letter 30-12, Attachment 1 (09/11/12) Page 4 of 9
CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION
A. BOARD INFORMATION:
Board Name. Tarrant County Local Workforce Development Board (Workforce Solutions)
Board Address: 1320 S. University Dr Suite 600, Fort Worth, TX 76107
Board Staff— Contact Name: Lisa Witkowski Phone: 817.413.4441
E-mail Address: lisa.witkowski@workforcesolutions net
B. CONTRIBUTOR INFORMATION:
Contributor Name* City of Fort Worth
Contributor Address: 1000 Throckmorton
Fort Worth, Texas 76102
Type of Entity: GOVERNMENT
Name of Fiscal Agent (if applicable):
Fax:
817.222.8267
Vendor ID Number or Federal Employer ID Number of Contributor or Contributor's Fiscal Agent: 1760005286001
Contributor Contact Name: Charles Daniels
E-mail Address: Charles.W. Daniels@fortworthtexas.gov
C. ORIGINATING AGREEMENT INFORMATION:
Phone: 817.392.6199
Type of Contribution
❑ Donation (Private Entity)
❑ Transfer (Public Entity)
® Certification (Public Entity)
Pledged Local Match Amount: $ 1,600,000
Program Number: 03090008
Did a Board Member assist in securing this local match agreement? ❑ YES
• If YES, Name of Board Member:
• How did the Board Member assist?
NO
Fax: 817-392-
4246
WD Letter 30-12, Attachment 1 (09/11/12) Page 5 of 9
A. USE OF FUNDS DESCRIPTION:
The planned use of funds, including planned amounts, is described below. Use of funds must be in compliance
with the state's CCDF Plan in effect for the contract period
1. Cash Contributions: The description below addresses the Board's planned use of local and federal funds
resulting from donation and transfer of funds agreements
Direct Child
Care
Child Care
Quality
Improvement
Administration
and Operations
TOTAL
Fund Use
Planned Local
and Federal
Funding ($)
The funds will be used
1. for direct child care services provided: [include a brief description of use $
of the funds]
2. for eligible children and families meeting TWC's and Board's eligibility criteria;
and
c. at child care providers eligible under TWC rules.
Source of Local Funds:
The funds will be used for quality improvement activities allowable under TWC rule
§809.16.
Source of Local Funds:
The funds will be used for administration and operations in accordance with
applicable Federal regulations and Agency policies. $
Total planned local and federal funds resulting from donations and transfers.
2. Certtificatzon of Expenditures: The descriptions below describe: (1) the allowable child care services or
activities that resulted in local certified expenditures, the source of the local funds, and (2) the Board's
planned use of the matched federal funds resulting from the certification of expenditures.
Direct Child
Care
Child Care
Quality
Improvement
Direct Child
Care
Child Care
Quality
Improvement
Administration
and Operations
TOTAL
Fund Use
Expenditures certified by the contributor resulted from:
1. direct child care services provided by: [child care provider or organization,
or entity] and
2. non-CCDF funded children residing with a family at or below 85% of state
median income, and parents who are working or attending job training or
education
Source of Local Funds.
The funds will be used for quality improvement activities allowable under TWC rule
§809.16.
Source of Local Funds. City of Fort Worth will be certifying quality improvement
funds to expand after school enrichment activities for children in Tarrant County
ISD programs using Crime Control Prevention District Funds.
Fund Use
The federal funds will be used*
1. for direct child care services provide& in Tarrant Count [include a brief
description of use of the funds];
2. for eligible children and families meeting TWC's and Board's eligibility criteria;
and
3. at child care providers eligible under TWC rules.
The funds will be used for quality improvement activities allowable under TWC rule
§809.16.
The funds will be used for administration and operations in accordance with applicable
Federal regulations and Agency policies.
Total planned local and federal funds resulting from certifications of
expenditures.
Planned Local
Funding ($)
$ 1,600,000
Planned
Federal
Funding ($)
3,163,777
$ 166,514
$ 4,930,291
WD Letter 30-12, Attachment 1 (09/11/12) Page 6 of 9
B. DONATION/TRANSFER PAYMENT(S) AND CERTIFICATION OF EXPENDITURES SCHEDULE:
In compliance with Section 3(a) of this agreement, the contributor will remit payment or reports of actual
expenditures in accordance with the completed schedule below.
1. Donation/Transfer Payment(s) (Local Funds)
Donation/Transfer Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
TOTAL
Actual Amount
❖ Pursuant to TWC rule §800.73(a)(2) the donation(s)/transfer(s) must occur within the
effective program year in which the funds are allocated.
2. Public Entity Certification of Expenditures (Local Funds):
i
Certification Period
1 From 10/1/12 to 9/30/13
2 From to
3 From to
4 From to
5 From to
6 From to
7 From to
8 From to
9 From to
10. From to
11. From to
12. From to
Reporting Date *
9/30/13
TOTAL
Planned Amount of
Expenditures
$ $1,600,000.00
$ $1,600,000.00
❖ Pursuant to TWC rule §800.73(a)(2), the certification(s) must occur within the effective
program year in which the funds are allocated.
• • Explanation is required below if reporting dates are outside the contract end date.
Completed original, signed forms must be sent to TWC's Board & Special Initiative Contracts department, 101 East 15th Street,
Room 506T, Austin, Texas 78778-0001. Please call the Board's assigned contract manager, if you have questions. An individual
may receive and review information that TWC collects by sending an e-mail to open.recordsgtwc.state.tx.us or writing to TWC
Open Records Unit, 101 East 15th Street, Room 266, Austin, Texas 78778-0001.
WD Letter30-12, Attachment 1 (09/11/12) Page 7 of 9
CERTIFICATION OF EXPENDITURES
BY A PUBLIC ENTITY
Name of Contributing Public Entity: City of Fort Worth
The public entity named above certifies expenditures in the amount of $ 1,600,000 to be used as
state matching funds to draw down available federal matching funds as authorized in the CCDF
regulations at 45 CFR §98.53.
By signing below, the public entity named above certifies that the funds specified above:
1) are not federal funds, or are federal funds authorized by federal law to be used to match other
federal funds;
2) are not used to match other federal funds;
3) represent expenditures eligible for federal match; and
4) do not represent expenditures for public prekindergarten programs as referenced in 45 CFR
§98.53(h).
Signature of authorized agent:
ac,0:40-e-
L___
Printed name of authorized agent: Charles W. Daniels
Title of authorized agent: Asst. City Manager
WD Letter 30-12, Attachment 1 (09/11/12) Page 8 of 9
,r
By: '1 inah
Ma ,y J. Kayser
Ci Secretary
APPROVAL RECOMMENDED:
By: � 444
Jeffrey'W. Hagtead
Chief of Police
Date:
/719ti2
APPROVED AS TO FORM
AND LEGALITY:
By:
Jessica Sarigsvahg
Assistant City Attorney
Contract Authorization:
M&C:
Date Approved:
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WD Letter 30-12, Attachment 1 (09/ 11 / 12) Page 9 of 9
OFFICIAL RECORD
CITY SECRETARY
fl MORTN, TX