HomeMy WebLinkAboutContract 28144� � � �,� ;� ��;� �+������� Cx a/
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STATE �F TE7�AS §
COUI�TTIES OF TARRAl�TT g
A1�TD DEll1"TOl�
CITY OF FORT WORTH PR�VIDER AGREEMEI�TT
THIS con�ract is entered into by and between the City of Fort Woxth {"City "), a
home-rul� municipality in the State of Texas, acting through Charles R. Baswell, its
duly authorized Assistant Ciiy Manager, and Child Care Associates ("vendor"),
acting through Mr. John A. Wh�itca.mp, its duly authorized President and CEO. This
contract entered into with specific reference to a grant agreement betw�en City and
Texas Workforce Commission ("TWC") for the �ransfer of funds, on fzle with the
State of Te�as as Child Care Tran�fer Expendatu7re� Contract, Uniform Contract
Number OSQ2CCT4q3; Purchase of Ser�ice (PO�) Number 03090T02 FY03.
The t�rm of the contr.act will cover the time period beginning September 1,
2002 and end August 31, 2D03.
Vendor will pravide child car� services for families certified as "At Risk" �or
direct child care. At Risk, accoxding to Title VI of the Personal Responsibility and
Woxk Opportunity Reconciliation Act of 1996 (PRWORA) �or the Child Care
Development Programs, describ�s familie� whose parents are working and need
child car� to keep their jobs. Their income must be at or below 1S0% of Federal
Poverty Income Limit. They must pay a parent fe�, based on the�r income and they
must not be receiving Aid �o Families with Dependent Children (A,FDC}.
Vendor agarees to provide services, contingent upon approval and receipt o�
adequate funding far ihe Title VI At-Risk Chi1d Care Program of t,�ie Texas
Workforce Commission. This contract is subject to availability of Local, State, and
Federal funds. Z:E fitnds are unavailable or reduced, written no�ice will be given of
termination, payment suspension, or funding reduction.
Vendor agrees to provid� the Child Gare Management Sysfiem {CCMS) with
the proper information and documentation to a11ow the CCMS to determine the
eligibility and the proper Unit Rate for each child. CCMS will be responsible in
charging ihe proper Unx� Rate per child. The Unit Rate will be determined by the
rate establish�d by the Local Workforce Development Board (LW�=�� ��x'� �� ,
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uses the current Child Care Management System (CCMS) Maximum Rate for
Ta.rrant County. �
Vendor will receive 100% reimbursement �or services r�ndered to At-Risk eligible
children from Child Car� Management 5ystem (CCMS), not to exceed $60,'739.
The terms outlined in Title VI of Personal Responsibiiity and Work Opportunity
Reconciliation Act of f 996 (PRWQRA} �or the Chi1d Care Development Programs
allow cities to use local funds allocated for child care as a match to access
additional f�deral funds to provide additional child care services. For the purposes
of this agreemenfi, Comrnunity Developmeni Block Grant {CDBG} will be used as
the local match.
The City wi11 disburse CDBG monies as the local match in the Amount up to
$24,292.55 io the Local Workforce Development Board (LWDB} on a
reimbursement basis following receipt of a monthly repori of certified "At-Risk"
children served from the LWDB. The LWDB wi11 reimburse the Texas V�orkforce
Commission (TWC) the local match (39.53°/a).
The City and the vendor further agree to abide by the following �erms of this
con%act, herein referred to as `�,greement" or "contract";
1. Either party may end �his agreemen� irnmediately if the parti�s are unable or
unwilling to rnake amendments to the agreement which may become
necessary to continue th� agree�nt beca,use of:
- A change in state or federal 1aws;
- A r�duction in or ��austion of availabl� state or fedexal funds;
- A change in TWC or ather requirerr�nts.
Any obligations incurred by either par�y before the termination date of this
agreement must be met. Termination of this agreement does not release the
vendor from tihe requirement to keep records and allow access to records for
three years and 90 days.
2. This agreemeni m.ay be canceled by mutual consent. If such mutual consent
cannot be attained, the vendor or City may give thirty (30) days written
notice to the other party and this agreement shall be term�nar:�� ��� .�� _
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expiration of the �hirty (30j day period. This provision does not rule out
immediate ternvna�ion allowed in paragraph 1.
3. The vendor will carry a muinimum of $200,000 per occurrence of liability
insurance for the entire time period covered by �he agreement. The vendor
will indemnify Cz�Cy £ox claims of injury resulting fromthe v�ndor's pro�ision
of child care under ihis agreen�nt.
4. Child care programs administexed by indepcndent school districts, including
pre-kind�rgarten programs, by a siate college or university or by the federal
govexnment ar� exempt from the liability insurance requirements cit�d in
paragraph 3 above (44 TAC §10.3445).
5. The vendor agrees to the approved rate{s) fox care and transportation as
described zn this agr�ement, for auihorized enrollm�nt days, reduced by the
assessed pa�rent �ee amount or child care subsidies (where applicable) and any
previous overpayment(s). The vendor agrees to �he authorized inclusion
assistance raies reduced by the assessed parent fee amount or child care
subsidies (where applicable) and any previous o�erpayment(s) as described
in this agreement, The vendor is auihorized by Ci�y to receive additional
rezmburs�ment only for individual childr�n that the City and vendor agree
need extra adult assistance. The amouni of �ic inclusion assistance rate
(150% or 19Q%) xs based on the amount of assistance needed and is
d�termined by City.
6. The vendar must comply wiil� applicable locallstate licensing and registration
requirements.
� The vendor must have a valid license (pro�isional ox permanent) ox
reg�stration in orde:r to become a vendor.
• The license or r�gistration must be maintained at all times during thi�
agreement.
7. The vendor must have a valid agreement prior to receiving City refe�red
children and will only be paid for delivering ehild care services on or after
the e£feetive date and on or before th� termination date of the agreem�nt. To
be valid:
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the ef�ective date and on or be�ore the �enmina�ion date af the agreement. To
be valid:
• This agreement must be signed and dated prior to or on the effectiv�
date of the agreement,
• A new agreement must be complet�d if the v�ndor rec�ives a new
license.
� The agreement ma� not cover any period of t�me where �he vendor
does not have a valid license or registration such as duri�ng the
applica�ion phase that licensing allows.
• The vendor must 6e insured as required in paragraph 3(note exception
in paragraph 4).
S. This agreement authorizes ihe placem�nt of City of Fort Worth children on�y
in �l�e sp�cific facilityat the specific loaation iden�ifzed on this agreen�nt.
• The vendor may noi txansfer the vendor agreement to any oiher en�ity,
�acility or Iocat�on.
• The vendor may no� move City referred children io another facility
without the prior approval and consent of City
• The vendor may submit bills only for author�zed City referred children
under City auihorized conditions.
9. The vendor must inform City prior to changcs in:
� the name of the facility;
� ownership, governing bodyor corporate sfaius;
- the contact person;
- �he location/address of the facilit�
- the conditions or status o£the license or registration;
� scheduled holidays;
� hours of the program;
- ages of the children served;
- published rates and/or fees;
- t�ranspor�ation policies;
- liability insurance coverage, or
� any o�her changes to c1uld care services provided.
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� The vendor will also not receive payment for any child care �er�ices
prvvided for any child on any day that �hc number of children
ait�nding exeeeds the license/registered capacity+�f the facility.
I1. A�1 child�en must b� treated fairly and equitably regardless of race, colox,
na#ional orig�n, age, sex, disability, political belie�s, typ� of facility or
religion. Paxent choice will be honored in determin�ng child care
arrang�ments to the extent required by the funding source for the paxent/child
i�avolved.
12. The vendor will camply with Title VT of the Civil Rights Act of 1964 (Public
Law SS-352}, Section 504 of �he RehabilitaiionAct of 1973 (Publie Law 93-
112), The Americans Disabilities Ac� of 1990 (Public Law 101-336), the
Health and Saf�ty Code Section 85.113 {relating to workplace and
confidentially guidelines regarding AIDS and HIV), and aIl amend.ments to
each, and all requirements impo�ed by the regulaiions issued pursuant to
these acts. In addition, the vendor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code. These provide in part that no persons
in the United States sha11, on f.he grounds of race, color, national origin, sex,
age disability, political beliefs or religion be excluded from partxcipation in,
or denied, any aid, care, service or other benefits provid�d by federal and/or
state fiinding, ox oth�rwi�e be subjected to discrirrination.
The vendor will not discriminate against children with disabilities. The
vendor will also not discriminaie agaznst children with AIDS. The vendor
will comply with the Health and Safety Coda Section 85.1 l 3 by adopting and
implementing HIV/AIDS workplace guidelincs for erriployees and clients; by
pro�iding educational programs for employee� and clients; and, �y
developing and impXementing guidelines rcgarding confidentially af
HN/AIDS r�lated medical inforrmation for employees and clients served.
13. The vendor vvill comply with ihe requiremen� of the Immigration Rsform and
Control Act of 1986 regarding employment verification and reteniion of
verification forms for any individuals hired an or after November 6, 1987,
who will perform any labor or services under this agreerr�nt.
14. The vendor must inform appropriate vendor sta�f of all relevant requirements
in this agree�nt and the Vendor Manual in order to rraintain compliance.
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Executed this �
Attest:
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'City Se�tary
CITY OF F4RT W�RTH
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Charles R Boswell
Assistant City Manager
Appraved for Fo�n and L�gality:
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� ity � orney
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�'��nr_�a�t AutY�o�'i at��3�, �
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dayof r���� , 2002.
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JoI�A. Whitcamp {�`9
Pr`esident & CEO
Child Care Assvciates
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STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BE�ORE ME, the undersigned authority, a Notary Public in and for the State o# Texas,
an this day personally appeared John A. Whitcamp, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged ta me that the same was the aci of
the Child Care Associates and that he executed the same as the act of said Child Care
Associates for the purpose and consideration therein expressed and in the capacity therein
staied.
GIVEN UNDER MY HAND AND SEAL OF QFFfCE this day of , A.D.
� 2D02.
�..,... ............__:,....,--�� %A%,/ ���--� � �
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'.:�^"V P�s � ROHERT �. pUK�, JR. . .
;Is�: �� Mv ��m��rn�' ��Res o NotaryPublic in aqid fo�•
_- � '��`� �- - ' the State ofTexas
STATE DF TEXAS §
COUf�1TIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned autharity, a Notary Public in and for the Stat� of Texas,
on this day personally appeared Charles R. Boswefl, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the City of Fort Warth far th� purpose and consideration therein expressed and in the capacity
fherein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ���day� of , A.D.
2002.
!�.
z���p� ROSELlA BARNES ` �fotaryPu ic in and for
� No�r,aRYPueuc the State ofTexas
�N„ ��� � 5tate of Texas
�w� �Comm. Exp. d3-31-2005
�%�
City of Fo�� Y�o�th, Texas
. . ���� a�d �����;Q �����y�a�i����
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DATE REFERENCE NUMBER L.OG NAME PAGE•
10/15/02 **�-� 9��� � . Q2CHILDGARE � . 1 of 2
sueJ�cT ACCEPTANCE OF ADDiT10NA� FUND[NG AND CONTRACTS W[TH S�RVICE
PROVIDERS F'OR THE TEXAS WQRKFORCE COMMISSION TITL.E VI AT-R15K
CHILD CARE DEVELOPMENT FUND
RECOMMENDATION:
It is recommended fhat the Ciiy Council:
T. Approve �he acceptance of grant funds in an amounf u� to $4D0,2�7.00 from fhe Texas Wor�fiorce
Commission (TWC) in the state FY2002 budget (Sepfember �, 2002, through August 31, 2003) as
part o# Title� VI of the Pers�nal Responsibility and Work �p�oriunity R�conci�iatior� Aet (PRWORA) I
ofi � 996 for the Child Care D�velopment Program; and ' - � �
2: Authorize the City Manager ta execute contracfs with fihe folf�wing organizations to prvvide
additiona� child care services, contingent u�on appro�al and receipt of adequate 'fur�ding from fhe
TWC, tha Title V! Child Care Deuelapment Program. All contracts will begin September 1, 2002,
and expireAugust 31, 20D3: . �
• Y�NCA of Metrapolitan Fart Worth in ar� amounf not to exceed $941,334.�0; and
� Clayton Chifd Care S�rvices in an amoun# nat to exceed $58,349.OD; and
� Child Care Associates in an amount not ta exceed $60,739.00; and
�
� � YMCA of Metropolitan Fort Worth in an amoun# not to exceed $113,621.OQ; and
o Fort Worth Housing Authority, for the AMAKA l.earning Cenier, in. an amount r�ot to exceed
$28, 9 74.Q0.
DESCUSSION:
'T�e terms outlined in T�tle VI of tf�e PRW�RA �f 1996 for the Child Care ❑evelopment Program aliouvs
cifies fo use loca! funds alfocated to child care services as a match to access additional federal funds to
� pro�ide additional child care services.
For p�rposes of this �rogram, Cammunity Developmer�� Block Grant (CDBG) funds ara considered fo
� be "loca! funds", The �amounts req�est�d are d�termined by a formula based a� CDBG funds being
spent on A�-Risk Child Care during the period Sept�mber 1, 2002, fhrough August 31, 2003.
� The City wifl part�cipate in this local initiatiue agreemer�t in collaborafion .with� the TWC .in order to
access $4Qp,217.a0 in additiona�l child care funding for providers servicing the C�ty. �n t�is agreemen�,
the child care pra��ders will receNe 100% reimbursement for sen+ices rendered to At-Risk eligible �
children from tf�e Ch�id Care Management Sys�ams, not fo �exceed $40�;217.aD.
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City of �'o�t �o�ih, 7'exas .
����� �r�d ���n��Q �,��r�c�n�c��;�n
DATE REFERENCE NUMBER LOG NAME PAGE
101� 5/02 **�d�q 9��� I 02CH1LDCARE � , 2 of 2
SUHJECT ACCEPTANCE ��' ADDITIONAL FUNDING AND CONTRACTS WITH SERViCE
PROVIDERS FOR THE TEXAS WORKFORCE COMMISSlON TITLE VI AT-R1SK
CHILD CARE DEVELOPMENT FUND
ln ti�is transfer agre�m�nt, the TWC wifi reimburse the Ghild Care Management System the federal
share {up to $240,1�0.2�), and the City wi[1 reimburse the TWC tha locai share (�p ta $�60,Q6fi.80) af
expenditures. The City will designate up to $�60,�66.80 in CDBG funding as the local ma�ch.�
In ��is focaf initiati�e agreemenf w[th the sfate, fhe City will not be the recipient of any f�dera� f�nds firom
the state. The Cifiy will use a portiQn of each child car� pravider's CDBG funding to provide the local
matc�i. Each agency is res�onsible far the following amounts of the lac�l share:
� YWCA of Metropolitan Fort Warth in an amount not #o exceed $56,526.52; and
� Claytan Child Care 5ervic�s in an amount r�ot to exceed $22,536.78; and
� C}�ii� t�a�'� 1�+ss�Cia�� Yi� ali �r�����1��: �± t� €x���d ���4,�9�.��; an�
� YMCA of M�tr�poEitan Fart Wortt� in an amount r�at to exc�ed $45,442.77; and
� Fort Worth Hausing Autharity, far the AMAKA Learning Center, in an arnount not to exceed
$11,2�8.18,
FISCAL INFORMATIONICERTlFICATION:
The Finance �irector certifies tha# funds are avaiiable in ihe current operating budget, as approp�iat�d,
of the Grants Fund. "
CB:k
Suhmitted for Ci�y Manager's
Office 6y:
Charles Soswell
Originating DepartnnenE Head:
Charles Boswell
AdditionaI Information Contact;
Deidra Emerson
I FUND I ACCOUNT I C�NTER � AMOUN7`
� (to)
I �
6183 � I
6183 � (£rozn) �
GR76 539120
GF276 539120
� GR76 53992D
I GR76 539120
7553 I GR7B 539120
0022fl6771460
002206779470
OQ2206771�480
Da22Q8771490
Qp2206771500
$58.526.52
$24,292.55
$11,268.18
$45,442.i7
$22, 536.78
CITY S�CRETARY