HomeMy WebLinkAboutContract 28145i ��:, � � � ; � �,. : .. � , � ;,� CIiY S�CI���'��Y� �
CONT'�A�T �p
STATE Q)F TE�AS §
COTJI�TIES OF TARRAliTT §
A1�D DE1�TT01lT
CITY OF FORT WORTH PROVIDER AGREEIi�IE1�T
THI� contract is entered into by and between the Gity of Fort V�orth ("City "), a
home-rul� municipality in the Sta�e af Texas, acting thxough Charles R. Boswell, its
duly authorized Assistant City Manager, and Y.M.C.A. of Metropolitan Fort Worth
("vendor"), acting through Mr. Antl�ony Shuman, its duly authorzzed President.
This contract entered into with specific xe�exence to a grani agreement betwe�n City
and Texas Workforce Commission {"TWC") for the t�ransfcer of funds, on fil� with
the �tate of Texas a� Child Care Transfer Expenditu:res Contract, Uniform Contract
Number 0502CCT403; Purchase of Service (POS) Numbex 03090T02 FY03.
The term of the coniract will cover the time period beginning September 1,
2�42 and end August 31, 2003,
Vendor will provide child care services for families cer�if ed as "At Risk" for
direct child care. At Risk, accordi.ng to Tit1e VI of �he Personal Responsibility and
Work Opportunity Reconciliation Act of 1.996 (PRVV4RA) for the Child Care
Developmen� Prog�ra.ms, describes fa.milies whose parents are warking and need
child care to keep their jobs. Their income must be at or b�low 150% of Federal
Pov�rt� Income Limit. They musi pay a parent fee, based a� their income and �iey
must not be rec�iving Aid to Famili�s with Dependent Children (AFDC).
Vendor agrees to provid� serviees, contingent upon approval and r�ceipt of
adequate funding for the Title VI At-Risk Child Care Program o�' t.he Texas
Workforce Cornrnission. This contract is subject ta availability of Local, State, and
Federal funds. Tf fi�nds axe unavailable or reduced, writt�n notice will be given of
t��rmination, payment suspension, or �unding reduciion.
Vendor agrees to provide the Child Care Manag�meni 5ystem (CCMS) with
the proper information and documentafion to allow the CCMS to determine the
eligibility and the proper Unit Rate far each child. CCMS will be responsible in
charging the proper Unit Rate per child. The Unit Rate will be determined by �khe
rate established by the Local Workforce Develop�nent Board (LWL��I, The LWT�B
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uses the current Child Care Management System (CCMS) Maximun� Ra�e for
Tarrant County.
Vendnr w7i11 receive 100% reimbursement �or services rendered to A�-Risk
eligible children from Child Care Management Syste�n (CCMS), not to �xceed
$113,621. �
The terms outlined in Title VI of Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA} for the Child Care
Development Programs a11ow cities �o use local fi,inds alloca�ed for child care as a
match to acces� additiona.l federal funds to provide additional child care servxces.
For ihe purposes of this agreement, Community Development B1ock Grant {CDBG)
will be used as the 1oca1 n�,tch.
The City will disburse CDBG moni�s as the local match in the Amount up io
$45,442.73 fo the Local Workfoxce Development Board (LWDB) on a
reimbu�rsement basis following receipt of a monthly report of ceriified "Ai-Risk"
children served from the LWDB. The LWDB will reimburse the Te�.s Workforce
Commission ihe local match (40.01 %).
The City and the vendor further agree to abide by the following terms of this
contract, herein referred to as `�.greement" ar "coniract":
1. Either pa�rty may end this agreemen� imrnediately if the pa.rties are unable or
unwilling to make amendments to the agreement which may became
necessary to continue the agrecrt�nt because o�:
- A change in state or federal Iaws;
- A reduction in or e�ausiion of available state or federal �unds;
- A change in TWC or other req�ire�nis.
Any obligations incurred by either party before the termination date of this
agreement must be met. Termination of �his agreement doe� not release th�
vendor from the requirement to keep records and allow access to records for
three years and 90 days.
2, This agreem�nt may be canceled by mutual consent. If such mutual consent
cannot be attained, the vendox or City may give thirty (��,;��� �w=�:�j �`���
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notice ta ihe othex party and this agreement sha11 be �erminated upon the
expxration of the thirty �30) day period. This provision does not rulc out
immediaie termination allowed in paragraph 1.
3. Th� vendor will carry a minimum of $200,000 per occurrence o� liability
in�urance for the entire time period cover�d by the agreement. The vendor
will indemnify City for claims of injury resulting from the vendor's provision
of child car� under this agreement.
4. Child care programs admuinistered by independent school districts, including
pre�kindergarten programs, by a state college or univers�ty or by the fed�ral
government are exempt from tbe liab�Iity insuranc� requirements cited in
paragraph 3 above (40 TAC §10.3445).
5. The vendor agrees to the approved xate(s) for care and transpartation as
described in this agreement, for authorized enrollmen� days, reduced by th�
ass�ssed paxent fee amount or child care subsidies (where applicabie} and any
previous overpayment(s). The vendor agrees to the au�harized inclusion
assistance rates reduced by th� assessed parent fee amount or child care
subsidies (where applicable) and any previous overpayment(s) as described
in this agreement. Th� vendar is authorized by City to receive additional
reimbursement only for individual children tihat the Ci�y and vendor agree
need extra adult assistance. The amaunt of the inclusion assistance rate
{150% ox ].90%} is based on the amount of assistance needed and is
determined by City.
6. The vendor musi comply with applicable 1oca1/state licensing and registration
r�quirements.
� The vendor must have a valid licen�e {provisional or permaneni) or
registration in order to i�ecome a vendor.
p The license or registration must be maintained at a11 times during this
agreement.
7. The vEndor must have a valid agre�ment prior to recei�ing City referred
children and will anly be paid for deliv�ring child care services on or after
the effective date and on or before the te�rmination date of the agreement. To
be valid:
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the effective date and an or before the termination date o� �he agre�ment. To
b� valid:
� This agreement must be signed and dated prior to or on the e�fective
date of the agreement.
� A new agreement must be completed if the vendox rec�ives a new
license.
� The agreement may not cover any period of �ime where ihe vendor
does not have a valid license or registration such as during the
application phase that licensing allows.
� The vendor musf be insured a� required in paragraph 3(note exception
in paragraph 4).
8. This agreement authorizes the p�acement of City o� Fort Worth cbildren only
in the specific facility at the specific location identif�ed on this agreer�nt.
� The vendor may not transfer the vendor agreement to any othex entity,
facility or location.
� The vendor may not move City referred children to a�other facility
without the prior approval and conseni of Cit�r
� The vendox may submit bills only for authorized City referred children
under City au#horized conditions.
9. The vendor must inform City prior to changes �n:
- the name of �he �acility;
- ownersh�p, governing bodyor corporate staius;
- the contact person;
- the location/address of the �acilit�
- the condition� or status of the license or registration;
� scheduled holidays;
- hours of ihe program;
- ages of the children served;
- published xates and/or fees;
- transportation polici�s;
- liability insuxance cov�rage; or
- any other change� to child care services provided.
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• The vendor w�ll also not receive paym�nt for any child care s�rvices
provided for any child on any day that the number of children
a.ttending exc��ds the licenselregistered capacityof the facilixy.
11. All children must be treated fairl�r and equitably regardl�ss of race, color,
national origin, age, sex, disability, political belie�s, type of facility or
xeligion. Parent choice will be honored in determining child ca�re
arrangements iv ihe e�ent requir�d by the funding source for the paxeni/child
involv�d,
12. The vendar will comply with Title VI of �he Civil Raights Act of 1964 (Public
Law 88a352}, Section 504 of the RehabilitationAct of 1973 (Public Law 93-
I�2j, The Americans Disabilities Act of 1990 (Public Law 101-336), the
Health and Safety Code Section 85.113 (relating to workplace and
confidentially guidelines regarding AIDS and HIV), and a11 amendments to
each, and all requiremcnts imposed by the regulations issu�d pursuant �o
these acts. In addition, the vendor agrees to comply with Title 40, Chapter
73, of the Texas Admini�trative Code. These provide in part �hat no persons
in the United States shall, on the grounds of race, color, national origin, sex,
age disability, political beliefs or religion be ex�luded from par�icipation in,
or denied, any aid, care, service or other benefits provided by �ederal andlar
state �unding, or otherwise be subjectcd to discrimnation.
The v�ndor will not discriminate against children with disabilities. The
vendor will also not discriminate against children with AIDS. The vendor
will comply with the Health and Saf�ty Code Section 85.113 by adopting and
implementing HNIAiDS workplace guidelin�s �or employees and c�ienis; by
providing educational programs forr employees and clients; and, by
developing and implementing guidelines regarding confidentially of
HIV/AIDS related medical information for employees and clients served,
13. The vendor will comply wiih the requirement of fhe Immigration Re�orm and -
Control Act of 1986 regarding employment verification and reteniion of
verification forms for any inclividuals hired on or after November 6, 1987,
who will perform any labor or ser�ices under this agreen�nt.
14. Th� v�ndor must in�orm appropriate vendor staff of alI relevant requirements
in this agreement and r.he Vendor Manual in order to maintain compliance.
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Exeeut�d this
Attest:
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' City 5ec etary
Approved for Forc�m and Legality:
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ity torney
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contxact Au�ho�i���f@� �
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C�TY QF FQRT WORTH
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Charles R. Boswell
Assis�ant City Manager
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�nthton� �`iuman
Pr�s�de t
Y.M,�A. of Metropolitan
Fo� wo�h
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C'ity o,�'1�'o�t �o��h, Texas
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�ATE REFER�NCE NUMSER I..OG I�lAME PAGE•
��4��'102 '�*C-�92$$ � . 02CHILDCARE I . � of 2
sus.��cT ACCEPTANCE OF ADDITI�NAL FUNDING AND CONTRACTS W[TH SERVICE
PR�VIDERS F'QR THE TEXAS WQRKFORCE COMMISSION TITLE VI AT-R1SK
CHILD C,ARE DEVELOPMENT FUND
� R�C�MMENDATION:
li is recommended fhat fhe City Council;
9. Approve iha acceptance af grant f�nds in an amount up to $40D,2�7.Q0 from the Texas Warkfiarce
Commissian (TWC) in the state FY2002 budget �September 1, 2002, thra�gh August 31, 2003) as
part of Title� VI of the Personal Respansibif�ty and Wark OpportuRity Recancilia�ion Act (PRWORA)
of 1996 for the Child Care Development Pro�ram; artd -
2: Auth�arize the City Manager to execute corttracts wifih the following arganizations to pro�ide
a�di�iona! child care services, confingent u�on approval and receipt of a�equate 'f�n�ing from fh�
TWC, the Title VI Child Care ❑e��l�pment Program. All contracts will begirt September '�, 20D2,
and expire August 31, 2003; . -
� YWCA of Metropolitan Fort Worth in an amount not to exceed $141,334,OU; an�
• Cfayton Child Care Services in an amount not to excee� $�6,349.d0; an� -
+ Chifd Care Assaciat�s �n an amount not ta exceed $60,739.00; and
� YMCA af Metropalitan Fort Worfh in an amount nof to exc�ed $113,621.OD; and a
• Fort Worth Housing A�thority, for the AMAKA Learning Center, in.an amount no# #o exceed
$28,174.OQ.
DISCUSSI�N:
The terms outlined 'm Title VI of the PRWORA of � 99B for t�e Child Care De�elopment Program allows
cities to use lacal funds aflocated #o child care services as a match to access additionaE federa� funds to
, pro�ide ad�itional ci�ild care services. �
For purposes of this program, Community Develapment Block Grant (CDBG) funds are considere� to
be '9oca1 furt�s". The �mounts requ�sted are determined by a formula based on CDBG fur�ds being
spent on At-Risk Child Care during the perio� September 1, 2002, through August 31, 2003.
The CEfiy wi�l participate in this Ioca1 initiative agreement in collaborat�on .with� #he TWC .in order to
access $400,217.00 in additiona�l child care funding for providers servicing the Ci#y. in this agreement,
the child care providers wili recei�e 1 DD% reimbursemen# for services rendered to Af-Risk eligible
children from fhe Child Care Ma�agement Systems, not t� ex�eed �$400�,2� 7.00.
C`i�y of FoNt �Yo�ih, 7'exas .
���'�� 6�t�� . ���f��'� ��1�'1�L��1��t1��f
DATE REFERENCE I�JUMBER �OG NAM� PAGE
10/1 �102 **�o� 92�� I 02CHILDCAR� � 2 of 2
SUBJECT ACCEPTANGE OF ADDITIONAE. F'UNDING AND CONTRACTS WlTH SERVIC�
PROVIDERS FOR THE TEXAS WORKFORCE COMMiSSION TITL� VI AT�RISK
CHILD CARE ❑EVELOPMENT FUND
In ti�is transfer agreement, the TWC-will reimburse the Chiid Care Management System the federal �
share (up to $240, � 50.20), and the City wif] �eimburs� the TUVC the local share (up tQ $� 60,q6fi.80) of
expenditures. The City will designafie up to $� 60,O�fi.80 in CDBG funding as the local mafch.
�n this foca[ initiative agreement with th� sfate, the City wif� nat be ihe recipi�nf of any federal funds from
the state. The Ciiy will use a portior� of each child care pro�ider's CDBG funding fa pro�ide the Ioca[
ma�cli. Each agency is responsi�le f�r the faltowing amounts of the local share:
� YWCA of Metropolitan Fart Worth in an amount nat to exceed $56,526.52; artd
� Clayton Child Care 5ervices in an amount not ta exce�d $22,536.78; a�d
• Child Care Associates in an amount not to exceed $24,292.55; and
• Yh11�� a# �1lefeopot����� 'For# VI��►.rt� i� ara a�m�unt ��# t� �x�ee�l ���-,�4�,77; �n�
• F�rt Wor�h Hausing Au#hority, for the AMAKA Learning Center, ir� an amaunt not to exceed
$'[ � , 268.18.
F�SCAL �NFORMATiONIC�RTl�ICATlON:
The Finance Director certifies that funds are a�ailabl� in the current operating budget, as appropriafie�,
of the Grants �und.
CB;k
Submitted for City Manager's
Of�ce by:
Fvrm � accau�r �
(to}
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6183 I ,
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6183 (fram) �
. . GR7B 539120
J GR76 539120
� GR76 539'12Q
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75b3 � GR75 539120
CENZ`ER
, AM�UNT I
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CITY S�CRETARY
Charles Boswe[1
Originating Deparfinent Head
Charles Boswell
Additianal Inforination Contact;
Deidra Emerson
D022Q6771460
0022a6771470
OD220677'I480
00220677149p
aozzos77��o0
$56,526.52
$24,292.55
$91,286.18
$45,�442.77
$22, 536.78