HomeMy WebLinkAboutContract 56965 CSC No. 56965
Texas Workforce Commission
Child Care Local Match Contribution Agreement
General Agreement Terms
Please enter Contributor and Local Workforce Development Board(Board) information, including the local workforce
development area(s) (workforce area)and the amount of pledged local funds.
Name of Contributor: City of Fort Worth
Board Legal Entity Name: Tarrant County Workforce Development Board
Workforce Area: Tarrant County
Donation Amount: -0- Transfer Amount: $-0-
Certification of Expenditures Amount: $1,400,000
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 workforce area(s)listed above or within the state if indicated through
this agreement.All parties understand and agree that:
• 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
• this agreement is contingent upon acceptance of this agreement in an open meeting by a majority of TWC's three-
member Commission.
Signatures
The individual 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, 2021 ,and continuing through September 30,2022
Contributor Signature: �z,os�ci„�a �a:��c� Date: .tan 6,2022
Printed Name: Jay Chapa
Title: Deputy City Manager E-mail (optional):
Board Signature: c Date:
Printed Name: Judy McDonald
Title: Executive Director E-mail (optional): OFFICIAL RECORD
Child Care Local Match Contributor Agreement Aug. 2021 CITY SECRETARY
FT. WORTH, TX
Legal Authority
In the State of Texas,TWC is designated as the lead agency for the administration of Child Care and Development Fund
(CCDF)funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996(42
United States Code§ 9801 etseq.).
Pursuant to federal regulations(45 Code of Federal Regulations(C.F.R.) 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.
Contributions f • • TWC
For contributions from a private entity to TWC,the contributor, by executing this agreement,certifies that pursuant to
Labor Code§301.021(b)—(d)and Texas Government Code§ 575,005:
• the contributor is not party to an administrative proceeding before the Commission.
-Under Texas Government Code§575.005, "administrative proceeding" means a "contested case"as defined by
Texas Government Code§ 2001.003(1),that is, "a proceeding, including a ratemaking or licensing proceeding,in
which the legal rights, duties,or privileges of a party are to be determined by a state agency after an opportunity for
adjudicative hearing."
-Before accepting this agreement,TWC will verify whether the private entity contributor is party to an administrative
proceeding before the Commission. If the private entity contributor is,or becomes a party to, an administrative
proceeding before the Commission before the Commission's acceptance of this agreement,Texas Labor Code§
301.021(b)and Texas Government Code§575.005 prohibit the Commission from accepting this agreement until the
30th calendar day after the date that the decision in the proceeding becomes final under Texas Government Code §
2001.144,
• If the contributor is a for-profit entity,the contributor does not currently:
- have a contract with TWC for services or products of a value of fifty thousand dollars ($50,000)or greater;or
-have a bid in response to a request for proposal for such contract before TWC.
This condition does not apply to a contract or bid that relates only to providing child care services.
• Upon execution of this agreement,if it is for the contribution of privately donated funds from a for-profit entity,the
contributor understands that pursuant to Texas Labor Code§301.021(d),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.
Contributions from • a : • . •
For contributions from a private entity to a Board, consistent with Labor Code§301.021(b)—(d)and Texas Government
Code§575,005:
• the contributor is not party to a Board-level complaint or appeal pursuant to 40 Texas Administrative Code,Chapter
823,Subchapter B.
-Before accepting this agreement,the Board will verify whether the private entity contributor is party to a Board-
level complaint or appeal. If the private entity contributor is,or becomes a party to, a Board-level complaint or
appeal before the Commission's acceptance of this agreement,the Commission will not accept this agreement until
the 30th calendar day after the date that the decision in the proceeding becomes final under Chapter 823.
• If the contributor is a for-profit entity,the contributor does not currently:
Child Care Local Match Contributor Agreement Aug. 2021 Page 12
-have a contract with the Board for services or products of a value of fifty thousand dollars ($50,000)or greater;or
-have a bid in response to a request for proposal for such contract before the Board.
This condition does not apply to a contract or bid that relates only to providing child care services.
• Upon execution of this agreement, if it is for the contribution of privately donated funds from a for-profit entity,the
contributor understands that consistent with Texas Labor Code §301.021(d),the contributor shall not enter into a
contract with the Board or submit a bid in response to a request for proposal issued by the Board before the first
anniversary of the date on which the Board accepted a donation from the contributor unless the contract or bid
relates only to providing child care services.
Contributor
The contributor agrees as follows:
• To remit to TWC the pledged local share in accordance with the contributions schedules and payment plans
specified in the local agreement.
• For public transfers of funds and private donations made to TWC,checks remitted by the contributor must be made
payable to the"Texas Workforce Commission" and submitted to TWC.
• For private donations made to the Board,the contributor must remit the donation to the Board.
• 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:
-the period specified by the Board's record retention policies for such records,
-seven(7)years after the end date of this agreement,or
-until the completion and resolution of all issues that arise from any litigation,claim, negotiation,audit,or other
action that began during and was ongoing as of the end of the normal retention period.
• 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.
• When certifying expenditures of public funds as the local match,to report to TWC no later than the 14th month of
the grant certifications consistent with the contributions schedules and payment plans specified in the local
agreement.
• To certify that the expenditures used as child care match are eligible for federal match and were not used to match
other federal funds.
• Donations from private entities:
-are donated without any restriction that would require their use for a specific individual, organization,facility,or
institution;
-do not revert to the donors facility or use;
-are not used to match other federal funds;
-shall be certified both by the donor and by TWC;
-shall be subject to the audit requirements in 45 C.F.R.§98.65;and
-shall be subject to federal reporting;entities shall provide the Board and TWC,on request,data needed for federal
reporting purposes.
Child Care Local Match Contributor Agreement Aug. 2021 Page 13
Board Agreement
The Board agrees as follows:
• To use the funds donated or transferred by the contributor,and the resulting federal funds for child care services
consistent with the intent of this agreement and in accordance with applicable local,state,and federal laws and
regulations.
• 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 C.F.R. §98.55(h).
• To ensure that donations from private entities:
-are donated without any restriction that would require their use for a specific individual,organization,facility,or
institution;
-do not revert to the donor's facility or use;
-are not used to match other federal funds;
-shall be certified both by the donor and by TWC;
-shall be subject to the audit requirements in 45 C.F.R.§98.65;and
-shall be subject to federal reporting(Entities shall provide the Board and TWC, upon request,data needed for
federal reporting purposes.).
• 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.
Board and Contributor Agreement
The Board and the Contributor agree as follows:
• 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.
• "Child Care Local Match Contribution Information" is incorporated by reference.
• To comply with federal regulations in 45 C.F.R. §98.55, relating to matching fund requirements,and 45 C.F.R.§
98.56, relating to restrictions on the use of funds.
• 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.
• 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.
• 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.
• These terms and conditions may be amended by written agreement of all parties at any time before 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.
Child Care Local Match Contributor Agreement Aug. 2021 page 14
• 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 terms of this agreement, except for the equitable settlement of the respective accrued interests
or obligations incurred up to the date of termination.
• This agreement may be terminated by any party,for any reason, upon written notification to the other parties of at
least thirty(30) days in advance of such termination.Such written notification will be sent to the contributor's
address as specified in the Child Care Local Match Contributor Information section in this agreement.
Board Information
Complete the section below regarding the Board.
Board Legal Entity Name Tarrant County Workforce Development Board
Street Address: 1320 S. University Dr,Ste 600
City: Fort Worth State: Texas Zip Code: 76107
Board Staff Contact Name: Lisa Witkowski Phone: 817,413.4441 Fax:
Board Staff Contact E-mail Address: lisa.wtkowski@worl<forcesolutions.net
Contributor In • •
Complete the section below regarding the Child Care Local Match Contributor.
Contributor Name: City of Fort Worth
Street Address: 1000 S.Throckmorton
City: Fort Worth State: Texas Zip Code: 76102
Type of Entity: Public
Name of Fiscal Agent(if applicable):
Vendor ID Number or Federal Employer ID Number of Contributor or Contributor's Fiscal Agent: 1760005286001
Contributor Contact Name: Elizabeth Garza Phone: 817.392-5571 Fax:
Contributor Contact E-mail Address: Elizabeth.garza@fortworthtexas.gov
Child Care Local Match Contributor Agreement Aug. 2021 Page 15
Originating Agreement Information
Please fill out the information below regarding the type of contribution and pledged local match amount.
Type of Contribution:
❑ Donation(Private Entity)
❑ Transfer(Public Entity)
® Certification (Public Entity)
Pledged Local Match Amount: $1,400,000
Amounts secured in excess of the pledged local match amount, if any, are herein included in this agreement and
approved for use in accordance with this agreement,including use for statewide match purposes, if agreed in this
agreement
The contributor voluntarily agrees and allows that any local contributions secured in excess of
the amount needed to draw down the federal match amount allocated to the workforce area ❑ Yes ® No
may be used for statewide match purposes.
Program Number: 03090008
The contributor voluntarily agrees and allows that any certifications of expenditures and
donations over the pledged amount will be aggregated and obligated at the state level.The ❑ Yes ® No
excess amounts will be applied to the local leverage amounts that all workforce areas are
required to secure to access federal matching funds allocated among all workforce areas.
Did a Board Member assist in securing this local match agreement? ❑ Yes ® No
If yes, Name of Board Member:
How did the Board Member assist?
Child Care Local Match Contributor Agreement Aug. 2021 Page 6
Cash Contributions
Use of funds description for cash contributions:The description below addresses the Board's planned use of local and
federal funds resulting from donation and transfer of funds agreements. Use of funds must be in compliance with the
state's CCDF State Plan in effect for the contract period.
No restrictions can be placed on use of funds by contributor.
❑ Direct Child Care
The funds will be used for:
• direct child care services;
• for eligible children and families meeting TWC and Board eligibility criteria; and
• at child care providers eligible under TWC rules.
Source of Local Funds:
Planned Local and Federal Funding Amount for Direct Child Care: $
❑ Child Care Quality Improvement
The funds will be used for quality improvement activities allowable under TWC rule§809.16.
Source of Local Funds:
Planned Local and Federal Funding Amount for Child Care Quality Improvement: $
❑ Administration and Operations
The funds will be used for administration and operations in accordance with applicable federal regulations and TWC
policies.
Planned Local and Federal Funding Amount for Administration and Operations: $
Total planned local and federal funds resulting from donations and transfers: $
Child Care Local Match Contributor Agreement Aug. 2021 Page 7
Certification of Expenditures
Use of funds description for Certification of Expenditures:The descriptions below describe:
• the allowable child care services or activities that resulted in local certified expenditures,
• the source of the local funds, and
• the Board's planned use of the matched federal funds resulting from the certification of expenditures.
Use of funds must be in compliance with the state's CCDF State Plan in effect for the contract period.
No restrictions can be placed on use of funds by contributor.
Planned Local Fund Use
❑ Direct Child Care
Expenditures certified by the contributor resulted from:
• direct child care services provided by the following child care provider,organization,or entity:
• direct child care services provided to children under 13 years of age;and
• the amount of local match expenditures being proportional to the low-income population in the area served
using the expenditures.
Source of Local Funds:
Planned Local Funding Amount for Direct Child Care: $
® Child Care Quality Improvement
Expenditures certified by the contributor resulted from quality improvement activities allowable under TWC rule§
809.16,
City of Fort Worth will be certifying quality improvement funds to expand after school
Source of Local Funds: enrichment activities for children in Tarrant County ISD programs using Crime Tax Funds
Planned Local Funding Amount for Child Care Quality Improvement: $1,400,000
Child Care Local Match Contributor Agreement Aug. 2021 Page 8
Certification of Expenditures (con
Planned Federal Fund Use
® Direct Child Care
The federal funds will be used in the following order of priority:
1. for direct child care services provided(include a brief description of use of the funds):
In Tarrant County
2. for eligible children and families meeting TWC and Board eligibility criteria; and
3. at child care providers eligible under TWC rules.
Planned Federal Funding Amount for Direct Child Care: $2,800,000
❑ Child Care Quality Improvement
The funds will be used for quality improvement activities allowable under TWC rule§809.16.
Planned Federal Funding Amount for Child Care Quality Improvement: $
❑ Administration and Operations
The funds will be used for administration and operations in accordance with applicable federal regulations and TWC
policies
Planned Federal Funding Amount for Administration and Operations: $
Total planned local and federal funds resulting from certifications of expenditures: $
Child Care Local Match Contributor Agreement Aug. 2021 Page 9
• • • Schedule
In compliance with the Contributor Agreement section of this agreement,the contributor will remit payment or reports
of actual expenditures in accordance with the completed schedule below. Pursuant to TWC rule§800.73(a)(2),the
donations)/transfer(s) must occur within the effective program year in which the funds are allocated.
Private donor cash donations—submit one original signed form to:TWC's Workforce Board Grants department, 101 East
15th Street,Room 104T,Austin,Texas 78778-0001.
1. Donation/Transfer Date: Actual Amount: $
2. Donation/Transfer Date: Actual Amount: $
3. Donation/Transfer Date: Actual Amount: $
4. Donation/Transfer Date: Actual Amount: $
S. Donation/Transfer Date: Actual Amount: $
6. Donation/Transfer Date: Actual Amount: $
7. Donation/Transfer Date: Actual Amount: $
8. Donation/Transfer Date: Actual Amount: $
9. Donation/Transfer Date: Actual Amount: $
10. Donation/Transfer Date: Actual Amount: $
11. Donation/Transfer Date: Actual Amount: $
12. Donation/Transfer Date: Actual Amount: $
TOTAL $
Child Care Local Match Contributor Agreement Aug. 2021 Page 10
Public Entity Certification
of Expenditures • Schedule
In compliance with the Contributor Agreement section of this agreement,the contributor will remit payment or reports
of actual expenditures in accordance with the completed schedule below. Pursuant to TWC rule §800.73(a)(2),the
certification(s)must occur within the effective program year in which the funds are allocated.
Public Entity Transfers and Certifications—submit one copy of the signed form to the e-mail address
ccm.aereements@twc.texas.gov.
Certification Period Reporting Date Planned Amount of Expenditures
1. From 10/1/2021 to 9/30/2022 10/31/22 $1,400,000
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 $
TOTAL $1,400,000
Explanation is required below if reporting dates are outside the contract end date:Closeout of program
i
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.records@twc.texas.gov or writing to TWC Open Records
Unit, 101 East 15th Street, Room 266,Austin,Texas 78778-0001.
Child Care Local Match Contributor Agreement Aug. 2021 Page 11
Certification
ofExpendituresbya Public
Name of Contributing Public Entity: City of Fort Worth—Afterschool Program
The public entity named above certifies expenditures in the amount of $1,400,000
to be used as state matching funds to draw down available federal matching funds as authorized in the CCDF
regulations at 45 C.F.R.§98.55.
By signing below,the public entity named above certifies that the funds specified above:
• are not federal funds,or are federal funds authorized by federal law to be used to match other federal funds;
• are not used to match other federal funds;
• represent expenditures eligible for federal match; and
• do not represent expenditures for public prekindergarten programs as referenced in 45 C.F.R. §98.55(h).
Signature of authorized agent: Date:
Printed name of authorized agent:
Title of authorized agent:
Child Care Local Match Contributor Agreement Aug. 2021 Page 12
Joint Certification of Funds Donated to TWC from PrivateSources
Name of Donor: N/A
The Donor named above contributes funds in the amount of $
to TWC to be used as state matching funds to draw down available federal matching funds as authorized in CCDF
regulations at 45 C.F.R. §98.55(e)(2).
By signing below,the Donor and TWC certify that the donated funds specified above:
• are available and represent expenditures eligible for federal match;
• are donated without any restriction that would require their use for a specific individual, organization,facility,or
institution;
• do not revert to the Donor's facility or use; and
• are not used to match other federal funds.
Donor's Certification
Signature of authorized agent: Date:
Printed name of authorized agent:
Title of authorized agent:
TWC's Certification
Signature of authorized agent: Date:
Printed name of authorized agent: Reagan Miller
Title of authorized agent: Director, Child Care&Early Learning Division
Child Care Local Match Contributor Agreement Aug. 2021 Page 13
Joint Certification ofFunds Donated to the Board from Privat I e sources
Name of Donor: N/A
The Donor named above contributes funds in the amount of $ to the
Workforce Development Board to be used as state matching funds to draw down
available federal matching funds as authorized in the CCDF regulations at 45 C.F.R. §98.55(e)(2).
By signing below,the Donor, Board,and TWC certify that the donated funds specified above:
• are available and represent expenditures eligible for federal match;
• are donated without any restriction that would require their use for a specific individual,organization,facility,or
institution;
• do not revert to the Donor's facility or use;and
• are not used to match other federal funds.
Donor's Certification
Signature of authorized agent: Date:
Printed name of authorized agent:
Title of authorized agent:
Board's Certification
Signature of authorized agent: Date:
Printed name of authorized agent:
Title of authorized agent:
TWC's Certification
Signature of authorized agent: Date:
Printed name of authorized agent: Reagan Miller
Title of authorized agent: Director,Child Care& Early Learning Division
Child Care Local Match Contributor Agreement Aug. 2021 Page 14
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
Ti...`� person responsible for the monitoring and
By: Jesu%J.Chapa (Tt11,202109:57MST) administration of this contract, including
Dec 19 2021 ensuring all performance and reporting
Date: requirements.
Name: Jesus J. Chapa
Title: Deputy City Manager
By: Sasha Ka ne(Oec 15,202� 108A6CST)
APPROVAL RECOMMENDED:
Date: Dec 15,2021
NeiG Na�ke�
By: Neil Noakes(Dec 19,202107:47CST) Name: Sasha Kane
Dec 19,2021 Title: Sr. Contract Compliance Specialist
Date:
APPROVED AS TO FORM AND
Name: Neil Noakes LEGALITY:
Title: Chief of Police
ATTEST: ,/�
By:
C6�e"t- 'S'
By: 1 otteS.Goodall(Dec 20,202111• c5T) Name: Taylor Paris
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Date:
Dec 20,2021 Date: Dec 14,2021
FORT
Name: Jannette Goodall of O °°O d Title: Assistant City Attorney
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Title: City Secretary p vg o=� CONTRACT AUTHORIZATION:
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Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX