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Home My WebLink AboutContract 28147STATE OF TEXA.S � �,� � � , § C�U1�T�ES �F TARRAIlTT § AI�D DEllTT�1� � �l�Y �� l� ��IY�� CITY OF FORT W�RTH PR��Y]ER AGREEMEll�T THIS contract is entered into by and hetween th� City of Fort Worth {"City "), a home-rule municipality in the State of Texas, acting through Charles R. Boswell, its duly authorzzed Assistant City Manager, and Fort Worth Housing Authority {"vendor"}, acting through Ms. Baxbara Holston, its duly authorized Executive Director. This contraet entered into wiih specific reference to a grant agreement betw�en City and Texas Woxk�orce Commission ("TWC") for ihe transfer of funds, on file with the State of Texas as Child Care T�ransfer Expc;nditures Contract, Uniform Contract Number 0502CCT003; Purchase of Service (POS� Number 03 090T02 FY03 . The term o� Y.he contract will cov�r the time period beginning September 1, 2002 and end August 31, 2q03. V�ndor will provid� child care services for families ceriif�ed as "At Risk" for direci child care. At Risk, according to Title VI of �he Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for ihe Child Care Development Programs, describes families whose parents a�re working and need child care to keep th�ir jobs. Their income must be at or below 15�% of Federal Poverty Income Limit. They must pay a parent fee, based on their income and they must not be receiving Aid to Farnilies with D�pendent Children (A�DC). � Vendor agrees to provide services, contingeni upon approval and receipt of adequate funding �or the Title VI At-Risk Child Care Program o� the Texas Warkforce Commission. Th�s contraci is subject to availability of Local, State, and Federal funds. If funds axe unavailable or reduced, wriiten notice wi11 be given o� texmination, payment suspension, or funding reduction. Vendor agrees to provide the Child Care Management System (CCMS) with the proper information and documentation to allow the CCMS to determine the eligibility and the proper Unit Rate for each child. CCMS will be responsible in charging the propex Unit Rate per child. The Unit Rate will be determined h� rh� ,. , , ,;�}�t rate established by �he Local Workforce D�velopment Board (LWDB}. The LWDB uses the current Child Caxe Management System (CCMS) Ma�mum Rate for Tarrant County. V�ndor will receive 100% reimbursement for ser�ices rend�:red to At-Risk eligible children from Child Car� Management Sys�em (CCMS), not to exceed $28, x 74. The terms outlined in Title VI of Personal Responsibility and Work Oppo:�unity Reconciliation Act of 1996 (PRWORA} for th� Child Care Development Programs allow ciiies ta use local fia.nds allocated for child care as a match to access additional federal funds to provide additional child care services. For fhe purposes of this agreement, Community Davelopment Block Grant (CDBG) wi11 be used as the local n�tch. The City will disburse CDBG monies as the local ma.tch in the Amount up to $11,268.1$ to the Local Workforce Development Board (LWDB) on a reimbursemen� basis following reeeipt of a rnonthly report of certified "Af-Risk" children served from the LWDB. The LWDB will reimbu�rse the Texas Workforce Commiss�on {TWC} the local mafich (40.01 %). The City and the vendor further agree to abide by the follawing terms of this contract, herein referxed �o as `�agreement" or "contract": 1. Either party ma.y end this agreement zmmediately if the parties are unable or unwilling to make amendments io the agreement which may become necessary to continue the agreem�nt because of: - A change in siate or federal laws; � A reduction in or exhaustion of available state or federal funds; � A change in TWC or other requirerr�nts. Any obligations incurr�d by either party before the termuination date of this agreement must be met. Termination of fihis agreement does not release the vendor from the requirement to keep xecords and allow access to records for three yea�s and 90 days. l�. , - i 2. This agreement may be canceled by mutua� 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 terminated upon the expiration of the �iirty �30) day period. This provision does no� supersede the immediate iermination allawed in paragraph 1. , 3. The vendor wil� canry a minimum of $200,000 per occurrence of liability insurance for the entire �ime period covered by the agreement. The vendor . will indemn��y City for claims of injury resulting from the vendor's provision of child eare under this agreement. 4. Child care programs administered by independent school districts, including pre-kindergarten pragrams, by a state college or univexsity or by the federal government are exempt from ihe liabiliiy insurance requirements cited in paragraph 3 above (40 TAC �10.3445}. 5. The vendor a,grees to the approved rate(s) for care and transportation as described in this agreement, for authorized enrollmen� days, reduced by the ass�ssed parent fee amount or child care subsidies (where applicable) and any previous overpayment(s}. The �endvr agrees to the author�zed inclusion assistance rates reduced by the assessed parent �ee amount or child care subsidies (wher� applicable) and any previous overpayment{s) as described in this agreement. The v�ndor is authorized by City to receive additional reimbursement only for individual children that the City and vendor agree need extra adul� assistance. The amount of the inclusion assistance rate (150% or 190%) is based on the amount of assistance needed and is detertnined by City. 6. The vendor mus� comply with applicable locallstat� licensing and registration r�quirements. � The vendor must hav'e a valid license {provisional or permanent) or registration in order io beco� a vendor. � The license or registration must be maintained at a11 times during this agreement. 7. The vendor must have a valid agreement prior to receiving City referred children and will only be paid for delivering child care services on or after � , -3- � � , il , � � ihe ef�ective date and on or before the termination date of the agreement, To be valid: � This agreement must be signed and dated prior to or on the effective date of the agr�ement. � A new agreement must be completed if the vendor receives a new licensc. • The agreement may not cover any period of time where the vendor da�s not have a valid license ar registration such as duxing the application phase that licensing allows. � The vendor must be insured as required in paragraph 3(note excepiion in paragraph 4). 8. This agreemeni authorizes the placement of City of Fort Wo�rth children only in the specific facilityat the specific location identified on th�s agreen�nt. • Th� vendor may not transfer the vendor agreement to any other entity, facility or location. � The vendor may not move City referred children to another facility wii:hout the prior appxoval and consent of City • The vendor may submit bills only for authoriz�d City referred children under City authorized conditions. 9. The vendor must inform City prior to chang�s in: � the name of the facility; y ownership, governing bodyor eorporate status; - the contact person; e the location/address of the facilit� - the conditions or status of ihe license or registration; - scheduled holidays; - hours of the program; - ages of the children served; � published rates and/or f��s; � transporta.tion policies; - liability insurance co�erage; o:r - any other changes to child care services provided. -4- � � ' . � � � � - any othe�r changes tio child care services provided. � The vendor must inform City imm�diately o� any anticipated changes ihat will affec� the terms o� this agr�ement or the nature of the child care services provided. • Failure to in%rm the Ci�y about any of these changes be�ore their occurrence may result in adverse actions against the vendor. • Depending upan the naiure of the changes, City vFrill determine whether a nevv or amended agreemeni is xequired or if only updates to the Vendor Data Workshe�t are necessar� 10. Adverse actions against the vendor include but are not lina�ed tio: - suspension, termination ar non�renewal of the agreement; - the closing of intake; W removal of City referr�d children; - temporary withholding o�payments; - non-paymeni for child care ser�ices delivered; and - recoupment of funds paid to the �endor. � City wilx terminate this agreement if: � the vendor loses its license or registration status; - the vendor is not insured as xequired. � City may terminate �his agreement if: - serious corrective or ad�erse action(s) are taken by the state- licensing agency, - t.here are continued non-compliances with state or 1ocal lic�nsing requirements; - there are continued non�compliances with vendor requirements; Ox, - an ownex o:r emplayee of the vendor is convicted o� fraud. � The vendor will not receive paym�nt for any child caxe services pxovided during anytime period not covered by. - a current license or registration, - �he requircd amount of liability insurance, or -5- � � a cuxrent agreetne�t. � The vendor will also not receive payment for any child care services provided for any child on any day that the number of children a�tending exceeds the Iieense/r�gistered capacit�f the fac�lity. 11. A1I children must be treated iairly and �quitably regardless o� race, color, national origin, age, sex, disability, political beliefs, type of faci�ity or religion. Parent choice will be hanor�d in determining child care arrangemenis to the �xtent required by the funding source for the parent/child involved. 12. The ��ndor will cornply with Ti�tle VI o�the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the RehabilitationAct of 1973 (Public Law 93� 11�}, Tha Americans Disabilities Act of 1990 (Public Law 101-336), the Health and Safety Code Section 85.113 (relating to workplace an�l confidentially guidelines regarding AIDS and HIV), and all amendmen�s to each, and all requirements imposed by tbe regulati�ans issued pursu.ant to these acts. In addition, the vendor agrees io comply with Title 40, Chapter '�3, of the Texas Administrative Code. These provide in part that no persons in the United Staies shall, an the grounds of race, color, national origin, sex, age disability, political beliefs ar religion be exclude�l from participation in, or denied, any aid, care, service ar other ben�fits provided by f�deral and/or state funding, or otherwise b� subjected to discrirrination. The vendor will not discriminate against children with disabilities. The vendor will aXso not discriminate against _children with AIDS. The �endar will comply with the Health and Safeiy Code Saction 85.113 by adopting and implementing HIV/AIDS workplace guidelines for employees and ciients, by providing educational programs for employees and clients; and, by developing and implementing guidelines regarding confidentially of HIV/AIDS related medical info:rmation for employees and clients served. 13. The vendor will comply with the requiremen� of the Immigration Reform and Con�rol Act of 1986 xegarding employment verificaiion and r�tentivn of verifica�ion forms for any individuals hired on or after November 6, 19$7, who will perform any labor or services under this agreen�nt. , -6� � 14. The �endor must in%rm appropriate v�ndor staff of all relevant requirem�nis in thi.s agreement and the V�ndor Manual in order to iraintain complianc�. � � Executed this dayof j�� , 20Q2. A�test: �f - _ ' /�r' � , ��( pi� � r➢l [//s ■ '�ity Sec�tary ,� , CITY OF FQRT VL�ORTH � � Itl�� Charles R. Boswell Assistant City Manager Approv�d far Form and Legality: �� , `�Ciiy • orney �� 1�� ':� �%t. l�lf'�:�iC.��1�i�C��1i�, o __ �1.:.-Y�iAI•_� , �. v T-�V Y� ��: � Barbara Holston � Executive Director Fort Worth Housing Authority -7- � , , ,..�� STATE 4F TEXAS § CDUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersi ned ay�hority, a Notary Public in and for the State of Texas, r ��, `U an this day personally appeare -a-H�; known ta me #a be the person whase name is subscribed ta the foregoing instrument and acknowledged to me that the same was fhe act of the Fort WVarth Housing Authority and that she executed the same as the act of said Fork Worth Housing Authority for the purpose and consideration therein expressed and in the capacity therein stated. GfVEN UNDER MY HAN� AND SEAL O� OFFICE this `��~�h day of , A.D, ��0 [�. �- 2002. _ ��y _ . ., . �. . , i�.,�, � :'� �'': �11A G. t(EY � �� `= MYCOMMf5510N�1(PfRES ' � ��F��','�'� RIl�GBt �E, 2Q(� - -- — _. --�� .-... � .. � Notary and for the State of Texas STATE OF TEXAS § COUNTfES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and far the State of Texas, on this day personally appeared Charles R. Boswell, known to me to b� the persor� whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and cansideration therein expressed and in the capacity iherein stated. GIVEN UNDER MY HAND AND SEAL OF OFFZCE this a�t� day of , A.D. C9��_�► zoa2. ��„:p�. R05ELLABARNES ' o aryPub ic in and for � ��' �� r�orARY Pua�,ic ihe Sta#e of Texas �q��; 5tate 4f Texas _ ,, � � ��`� Comm. Exp. 03-31-2005 � e� o o^e. �� ir �, n n e��e ., � �� ..-. "!i/b� �� C`ity of �'o�i i�orth, T'exas . _.�y�� t �.�� DA7� REFERENC� NUMBER LOG NAME PAGE� 101�5102 **��9�� . 02CHILDCARE 1 of 2 su�J�cT ACCEPTANCE D� ADD1T[�NAL FUND{NG AND CONTRACTS WITH SERVICE PROVIDERS FOR THE TEXAS WORKFORCE C4MM15SI�N T[TLE VI AT-RISK CHfLD CARE DEVELOPMENT �UND � REC�MMENDATION: . it is recommend�d tf�at the City Council: 9. Apprav� the acc�ptar�ce of grant funds in an amount up to $400,217.00 from the Texas Vllorlcforce Commission {TWC) in ihe state FY2002 budget (5eptember 9, 2002, through August 3�, 20a3) as � part of Tit1e VI of the Personal Responsibifity and Work 4pportunity Recor�ciliatian Act (PRWORA) Qf 1995 for fhe Child Care Develo�ment Program; and 2. Authorize t�e City Manager to execute contracts with tne following organizations #a provide addiiianal child care services, contingent upon approval and receipt of adequate funding �rom the � TWC, the Title VI Child Care Developmen# Program. Ali contracts will begin 5eptember 1, 2002, i an� expire August 31, 2003: . � � YWCA of Me#ropolitan Far� Worth in an amount not to exceed $�4�1,334.00; and � Clayton Child Care 5ervices in an amount not to exceed $56,349.00; and � Chi1d Care Associates in an amount noi to exce�d $6�,739.00; and � YMCA ofi Metropolitan Fort Worth �n an amount nat ta exceed $113,621 A0; and � � Fart Worth Housing Autho�ity, for the AMAKA Learning Center, in an amount rtot to exceed $28,'[ 74.00. DISCUS514N: T�e terms outlined in Title Vf of the PRWORA of 199fi far the Child Care De�elopment Pragram allows cities to use [ocal funds allocated ta child care s�rvices as a match to access additianal federa� funds to provide ad�itional child care ser�ices. �or purposes ot this program, Community Development Block Grani (CDBG) funds are consEdered ta be "local funds". The amounts requeste� are determined by a formuia based on CDBG funds being spent on At-RisK Child Car� during the period September 1, 20D2, through August 31, 2003. The City will participate in this lacal ini#iatEve agreement in collaboration.with� the TV11C in order ta access $40Q,217.Q0 in additional chi[d care fundir�g for providers servicing the City. In this agreement, the child care pro�iders wifl receive 100% reimbursement for services render�d ta At-Risk eligible children from the Child Care Management Systems, not to exceed $400�,247.pQ,