HomeMy WebLinkAboutContract 28146, � , � , � � � � � , � �!7`Y ���f���qi�� 'f�
CONT�A�T � . � �IC�C(�
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STATE �k' TE�AS §
COUg:TIES �F TARRAIlTT §
A1�TD l�El�TTOI�T
CITY OF F�JRT WORTH PROVIDER A�REE1V1El�TT
THIS contract is entered into by and between the City of Fort Worth ("City "), a
ho�xa.e-rule municipality in the State o� Texas, actzng through Charles R. Boswell, its
duly authorized Assistant City Manager, and Y.W.C.A. of Fort Worth and Tarra.nt
Cvunty ("vendor"}, acting through Ms. Judi V. Bisbop, its duly authorized
Executive Director. This contract entered into wi�h specific referene� to a grant
agreement be�ween City and Texas Workforce Commission ("TWC") for the
transfer of funds, on file with the S�ate of Texas as Child Care Transfer
E�penditures Contract, Uniform Contract Nurnber 0502CCT0�3; Purchase of
Service {POS} Number 03090T02 FY03.
The term o� the contract wi11 cover the time period beginning September 1,
2002 and end August 31, 2003.
Vendor will provide child care services for families certified as "At Risk" for
direct child caxe. At Risk, according to Titixe VI of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA} for the Child Care
Development Programs, describes families whose paxents are worki.ng and need
chiXd caxe �o keep their jobs. Tbeir income must be at or below 150% of Federal
Po�erty Income Limit. They must pay a parent fee, based on their income and they
must not be receiving Aid to Families with Dependent Children (AFDC).
Vendor agrees to provide services, contingent upon approval and receipt of
adequate funding for the Title VT At-Ri.sk Child Care Program of the Texas
Workforce Com.mzssion. This contract is subject �o availability of Local, State, and
Federal funds. If fund� are unavailable or reduced, w�itten notice will be given of
terrnination, payment suspension, or funding reduction.
Vendox agrees to provide the Child Care Managem�nt System (CCMS) v�ith
the proper information and documentation to allow the CCMS to determine the
eligibility and the proper Unit Rate for each child. CCMS will be responsxble in
cha,rging the proper Unit Rate per �hi1d. The Unit Rate will be.,��,�,e�ki�r r,_��
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rate established by the Local Workforce Development Board (LWDB). The LWDB
uses the cuxjrent Child Care Management System (CCMS) Maximum Rate for
Tarrant County.
Vendor will receive 100% reimbursement for service� rendered to At-Risk eligible
children from Child Care Management System �CCMS}, not to exceed $141,334.
The terms outlined in Title VI of Personal Responsibility and Work Opportunity
Reconciliation Act of X 996 {PRV�ORA} for the Chi1d Care Development Programs
allow C1t1�S to use 1oca1 funds allocated for child care as a match to access
additional federal fund� to provide addiiional child care services. For the purposes
of this agreement, Community Development Bloek Grant (CDBG) wi11 be used as
the local match.
The Ciiy will disbur�e GDBG monies as �he local match in the Amount up to
$56,52b.52 to the Local Workforce Development Boa�d {LWDB) on a
reimbursement basis following r�ceipt of a monthly raport of certified "A�-Risk"
children served from the LWDB. The LWDB will reimburse the Texas Workforce
Commission (TWC} ihe local match {40.01%).
The City and the vendor fuxther agree to abide by the following terms of this
coniract, herein referred to as `�.greement" or "eontract";
1, Either party may end this agreement immediaiely if the parties are unable or
unwilling to make axnendments tio the agreemenf which may become
necessaxy to continue the agreement b�cause of:
- A change in state or federal laws;
- A reduction in or exhaustion of available state or federal funds;
- A change in TWC or o�lier requirer�nts.
Any obligations incurrcd by either pazly before the t�rmination date of this
agreement must be met. Termination of this agreement does not release ihe
vendor from the xequirement to keep records and allow access to xecords for
three years and 90 days.
2. This agreement may be canceled by mutual consent. If such mutual consent
cannot be attained, the vendor or City may give thirty :��,�days vvr�it�:��a_
notice to the other party and this agreement shall be termuinated upon the
expiration of the thiriy {30) day period. This provision does not rule oui
immediate termination allowed in paxagraph 1.
3. The vendor wi11 carry a minimum of $200,000 per occur�rence of liabili�y
insurance for the entire time period covered by the agreement. The �endor
will indemnify City for clairns of injury resulting from the vendor's provision
of child care under this agreem�nt.
4. Child care programs admuustered by independ�nt school districts, including
pre�kindergarten programs, by a state college or unive:rsity or by the fedaral
government are exempt from the liability insurance requirem�nts cited in
paxagraph 3 above (4�0 TAC §10.3445).
5. The vendor agrees to �he approved rate(s) %r care and transportation as
described in this agreement, for authorized enrallment days, reduced by the
assessed parent fee amount or child care subsidies (whs:re applicable) az�d any
previous overpayment(s).
The vendor agr�es to the authorized inclusion assistance rates reduced by the
assessed parent �ee amount or child care subsidies {where applicable} and any
previous overpayment(s} as described in. �his agreement. The vendor is
authorized by City to receive additional reimbursement only �or individual
children that the City and vendor agree need ex�ra adult assistance. The
amount of the inclusion assistance rate (15�% or 190%) is based on the
amount of assistance needed and is determned by City.
6. The vendor must comply with applicable local/state licensing and regisY.ration
requirements.
� T`he vendor musi have a valid license (provisional or permanent) or
registration in order io becarr�e a vendor.
� The license or regist�ration must be maintained at all times during this
agreement.
7. The vendor musi have a valid agreement prior to receiving City referred
children and will only be paid for delivering child care services an or after
_3_ �
the effective date and on or before the termination date o� the agreement. To
be valid:
� This agxeemen� must be signed and dated prior to or on the ef�ectiv�
date of the agreernent.
� A new agre�ment must be completed if the vendor reeeives a new
license.
• The agreement may not cover any period of time where the vendor
does not have a valid license or registration such as during ihe
application phase that Iicen�ing ailows.
� Th� vendor must be insured as required in paragraph 3(note exception
in paragraph 4).
8. This agreement authorizes the piacement of City of Fort Worth children only
in the specific facilityat the specific location identified on this agreen�nt.
� The vendor may not transfer the vendor agreement io any other entity,
faciliiy or loca�ion.
� The vendor may not move City raferred children �o another facility
without the prior approval and consent of City
• The vendor may submit bills only �or authorized City referred children
under Ci�y autha�rxzed condition�.
9. The vendor must inform City prior to changes in:
� the name of the facility,
- ownership, governing bodyor corporate status;
- the contact person;
� the Iocaiion/address af the �acilit�
- the conditions or status offhe licens� or registration;
- scheduled holidays;
� hou;rs of the program;
- ages of the children served;
� published ra�es and/o:r fees;
� fixansportation policies;
�- liabilzty insurance coverage; or
- any other changes to child care services provided.
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� The vendor must inform City immediately of any anticipated changes
that will affect the terms of this agreement or the nat-ure of �he chrld
care setvices provided.
� Failure �o inform the City about any of ihese changes before their
occu�rence may resuli in adverse actions against the vendor.
• Dependzng upon the nature of the changes, City wi11 determine
whether a new or amended agr��rnent is required or if only updates io
the Vendor Data Worksheet are necessar�
10. Adverse actions against the vendor include bu� are not lirmted to:
- suspension, termination or non-renewal of the agreerrent;
- the closing o� xntake;
- removal of City referred childr�n;
- tempo�ary withholding of payments;
- non�payment for child care services deliver�d; and
� recoupment o� �unds paid io the vendor.
� Ci�y will terminate �h:is agreement if:
- the vendor Ioses its license or registration status;
� the v�ndor is not insured as r�quired.
� City may terminate this agreement if:
- serious corrective or adverse action(s} are taken by the state-
licensing agency,
- there are continued non-compliances with state or local
licensing requirem�nts,
�- there a�re continued non-compliances witb vendor requirements;
or,
� an own�r ar emplvyee o�the vendor is canvicted of fraud.
� The vendor will not receive payment for any child care services
provided during anytime period not covered by.
-- a current license or regist:ration,
- the required arr�ount of liability insuranc�, ox
-- a current agreement.
_5- ' ��
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� The vendor will also not rece��e payment for any child caxe services
provided for any child on any day �hat the number of children
attending exceeds the licenselregistered capacit�oi the facility.
11. All children must be treated fa.irly and equitably zegardless of rac�, color,
natianal origin, age, sex, disability, political beliefs, type o� facility ar
religion. Parent choice will be honored in deterinining child care
arrangements to the e�ent required by the funding source for the pareni/child
involved.
12. The vendor will comply wi�h Ti�le VI of fhe Civil Rights Act of 1964 (Public
Law 8$-352), Section 504 of the Rehabilitation Act of 1973 {Public Law 93-
112), The Americans Disabilities Act af 1990 (Public Law 101-336), the
Heal�h and Safe�y Code Section SS.113 (relating to workplace and
confideniially guidelin�s regard.ing AIDS and HIV), and all amendmen�� to
each, and all requirements imposed by the regulations issued pursuant to
these acts. In addition, the vendor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code. These provid� in part that no persons
in the United States shall, on the grounds of race, colox, national origin, sex,
age disability, political beliefs or religion be excluded from participation in,
or denied, any aid, care, service ar o�Cher benefits provided by f�deral andlo:r
state funding, or otherwise be subjected to discrirrination.
The vendor wi11 not discriminate against children wi�h disabilities. The
vendor will axso not discriminate against chzldr�n wi�h AIDS. The vendor
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 educationa� programs for employees and clien�s; and, by
developing and implementing guidelines regaxding confidentzally of
HIV/ArDS related medical information for employees and clients served.
I3. The vendor will comply with the requirement of th� Immigration Reform and
Control Act of 1986 regarding employment verification and reten�ion of
verification forms for any individuals hir�d on or after November b, 1987,
who will perform any labor or services und�r this agreement.
14. The vendor must inform appropriate vendor staff of ali relevant requirements
in this agreerr�nt and the Vendor Manual in ordcr to rraintain compliance.
�
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Executed this
Attest:
�'S� �I
dayof /�1�� �i� , 2002.
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Ciiy Secr��axy �_ ',�
�:�n����� Au�&osi�e��ion
�, Ct� �� 6�
b���
Approved for Form and Legality:
�
't to
C7TY OF FORT WORTH
�
Charles R. Boswell
Assistant CityManager
1 -�
,-'�� ���,%
_ .r� . i� _ j��
�v. Bishop v ,
Executive Directox
Y.W.C.A. of Fort Worth &
Tarran� County
-7-
STATE OF TEXAS §
COUNTlES OF TARRANT §
AND DENTON
BE�ORE ME, the undersigned a�tharity, a Notary Public in and #or the State af Texas,
on ihis day personally appeared Judi V. Bishap, known to me to be the p�rson whosa name is
subscribed to the foregoing instrument and acknowledged to me t�at the same was the act af
the Y.W,C.A. of Fort Wo�ih & Tarrant County and that she executed the same as the ac# of said
Y.W.C.A. of Fort Worth & Tarrant Couniy far the purpose and consideration therein expressed
and in the capacity therein stated.
-�
GIV�N UNDER MY HAN� AND ��AL QF OFFiCE this ,�� day of , A.D.
�i� � � 1 ``N"�ati�nutti� urprry�r�i����i
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1 �P,�Q P�Y.. pGe! { ��
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' �'�F of �`�+ = NotaryP �c in and for '
%-��� O�.FxP�R��•�� ��,,` the Stafe�Texas
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STATE O� TEXAS § _
COUNTfES OF TARRANT §
AND DENTQN
BEFORE ME, the undersigned authority, a Notary Puhlic in and far the State of Texas,
on this day personally appeared Charfes R. Boswe[I, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledg�d to me that the same was the act of
the City of Fort Worth for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ihis �� day of , A.D.
��� 2002.
��Y p'�`�� ROSELLA BARNES � ��—,-J
�°�" '�� NUTARY�'U�LIG o ary ublic in and for
������ SEate of Texas the State ofTexas
�;r� � �. Comm. Exp. 03-31-2005
�S-
C`ity of �oYt �orih, T'exas .
���r ��� �at���;l ����u�n������n
DATE REF`ERENCL [VUMBER LOG NAME PAGE
1a11�102 **�_19�g� 02CH[LDCARE 2 of 2
suB��cT ACCEPTANCE OF ADDfTIONAL. �UNDING AND CONTRACTS WITH SERVICE
PRO�/IDERS FOR THE TEXAS WORKFORCE COMMIS510N TITLE Vl AT-RISK
CHILD CARE DEVELOPMENT FUND
In this transfer agreement, the TWC will reim�urse the Chi[d Care Management System the federal
share (up to $24Q,150.2Q), and the City will reimburse tF�e 7WC the local share (�p to $16a,D66.80) of
expenditur�s. The City will designate up to $9 60,066.80 in CDBG funding as ihe lacal match.
In this locaf initiative agreement w9th the state, the Ciiy will not be the recipient af any federal funds from
the sta#e. The City wi[I use a portion of each child care pravider's CDBG funding fo pro�ide the lacal
match. Each agency is resp�nsible for t�e fiollowing amounts nf the local share;
• Y�lVCA of �exropolitan For� 1J�o�*� �n ar� atx�rau�# �,�.t �o ��cceed $�,��.��; ���'
� Cfaytor� Chi[d Care Services in an amount not ta exceed $22,538,T8; and
• Child Care Assaciates in an amounf not to �xceed $24,292.55; and
� YMCA af Me�ropolitan Fart Worth in an amount not to exc�ed $45,442.77; and
� Fort Warth Housing Au#hority, for the AMAKA Learning C�nter, in an amount not to exceed
$91,268.18.
FISCAL INF�RMATION/CERTIFIGATION:
The Finance Directar certifies that funds are a�ailable in the current operating budget, as appropriated,
of the Grants Fund.
CB:k
Submitted %r City Manager's
� Office 6y:
I �urm � accovrrr �
I (to}
6183
CENT.C� R
I AMOTINT �� CITY SECRETARY
Charles $oswell
Originating Departtnent Head:
Charles Basweli
Additional Information Cantact:
Deidra Bmersan
6183 ' (from)
I GR76 539120
I GR76 539120
j GR76 539120
� GR76 b39120
75b3 � GR7$ 539120
�0220677�460 � $56,526.52
�02206771470 $24,292.55
b02208771480 I $11,268.78
4422QB771494 $4b,442.77
002206779500 � $22,536.78
C`l� Of F' OY� �OY�jZ, T'exas
���� ��d �,���c�( ���mc��;�����n
DAT� REFER�NC� NUMBER L.OG NAME PAGE
10/1 �102 **��� g�$$ I . 02CH[LDCARE 1 of 2
suB.��cT ACCEPTANCE OF ADDITiONAL �'UNDING AND CONTRACTS WITH SERVICE
PR�VIDERS �OR THE TEXAS WQRK�ORCE COMMISS[ON T[TE.E VI AT-RISK
CH�LD Cf1RE DEVELOPMENT FUND
REC�MMENDATION:
!t is recommended that the City Gouncil:
1, Appro�� ihe acc�ptanc� ofi granfi funds in an amount up fio $4Qa,217.00 from the Texas Workforce
Commission (TWC) in the state FY2042 budget (Septem�er 1, 2p02, tF�ro�gh Augusi 31, 20�3) as
�art of Title� VI of the Persor�al Responsibility and Work OpportunEty Reconciliation Ac# (PRWORA)
of 1996 for the Child Care De�elopment Program; and
2. Authorize the City Manager to execute contracts with the following arganizatior�s to pro�ide
additional child care servEces, contingant upon approval and receipt of adequate fundin� from the
TWC, the Title VI Child Care De�elopment Program. All confracts wif! begin 5�ptember �, 20a2,
and expire August 31, 2a03: �
� YWCA of MetropoEitan Fort Worth in an amount not to exceed $149,334.QQ; and
• Clayfion Child Care Servic�s in an amount nat to exceed $56,349.00; and
� Child Care Associates in an amaunt not to exceed $60,739.00; and
� YMCA of Metropolitan �'ort Worth in an amaunt not to exceed $'[ 13,621.Q0; and
� Fort Worth Housing Autharity, for the AMAKA L�arr�ing Center, in an amount nat to exceed
$28, 9 7�4.00.
DISCUSSION:
The ferms autlined in Title VI of the PRWORA of 1996 for the Child Car� Development Program allows
cities to use local tunds allocated fo child care services as a match to access additiar�al federa! funds to
provide additionaf child care s�rvices.
F�r purpases af this program, Community Dev�lapment Block Grant {CDBG) funds are considered to
6e "locai funds". The amaunts requested are determined by a farmula based on CDBG funds being
spent on At-Risk Child Care during fhe period Septemher 1, 2042, through August 31, 2003.
The City will par�icipate in this lacal inifiaii�e agreement in collaboration .wiih� the TWC in order to
access $400,2�7.OD in additional child care funding for pro�iders servicing the City. In this agreement,
the child care pro�iders wilf receive 100% reimbursement tor servic�s rendered to At-Risk eligible
children from the Child Care Management Syst�ms, nat to exceed $4{�D�,217.00.