HomeMy WebLinkAboutContract 28159CI�"Y ���f��-q,�� -
�ON�'RACY �. � ; J� c�
STATE [)F TE�A.S §
C�T�VTIE� OF TARRAI�T �
A1�TD DER�TQI�T
CITY OF F�ORT WORTH PRQVIDER AGREENiE1�T
THIS contract is entered into by and beiween the C�ty of Fort Worth {"City "}, a
home-rule municipality �n the State a� Texas, act�ng through Charles R Boswell, rts
duly authorized Assistant City Managex, and Clay�on Child Care Service�
("vendor"}, acting through Ms. Franki� McMurrey, its duly authorized Executive
Directox. This contract entered inta with speciftc re�erence to a gran� agreement
between City and Texas Work�'orce Commission ("T�VC") for the transfer of fund�,
on f 1e with the �tate of Texas as Child Care Transfer E�penditure� Contract,
Unifoxm Contract Number 0�02CCTa03; Purchase of ��rvice {POS) Number
0390T42 FY03.
'I'he ��rm of the contract wi1� cover the tzme period beginning September 1,
2002 and end August 31, 2003.
Vendor will provide child care servicc�s for farnilies certified as "At Risk" for
direct child cax�. At Risk, according io Title VI of the Persona� Responsibility and
Wnrk �ppvrtunity Reconciliation Act of 1996 (PRWORA) for the Child Care
Development Prograrns, describes families whose parents are working and need
child eare to keep the�� jobs. Their incoxne mu�t be at or below ISQ% of Federal
Poverty Income Limit. They must pay a parent fee, based on thei� income and they
must not be re�eiving Aid to Families with Dependent Ck�ildren (�DC).
�Vendor agrees to provide services, contingent upon approval and receipt of
adequate funding for the Title VI At-Risk Chzld Care P�rogram of the Texas
'VLjorlcf'orce Commission. This contract is subject to availability of Local, Siate, and
FederaZ funds. If funds are unavai�able or r�duced, wz�itien noiice wilX be given af
t�rmina�zon, payment suspension, or funding reduction,
Vendor agrees to provide the Child Caxe 1Vlanagement System. (CCMS) wi�h
the proper information and documentation to allow the CCMS to d�iexmine the
eligibility and �he proper LTnit �.a.te for each child. CCMS will b� re.s�onsible zn
charging the p�oper Unit Rate per child. The Unit Rate will be deter���.� ��? ���
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rate established by the Local Workforce D�velopment Board {LWDB). The LWDB
us�s th� current Chi�d Care Management System (CCMS) Ma��imum Ra�e for
Tarrant County.
Vendor will receive � 00% �ezmbursement for services rendex.ed to At-Risk eligible
children from Child Care Managemenf System {CCMS), noi �o exc�ed $56,349.
The term,s outlined in Txtle VT of Personal Responsibi.lity and Work Opportunity
Reconciliation Act of 1996 {PRWORA) for �.ie Child Care D�velopment Programs
allow cities io use local iunds allocated �or child care as a ma�ch to acces�
additional federa� fiands to provid� addiiional child caxe services. For the purposes
o� fihis agreemeni, Communiiy De�elopment Block Crrant (CDBG) wil� be used as
the local match. �
The City will disburse CDBG mon�es as the local match in the Amount up to
$22,536.78 to the Local Workfo�ce Development Board (LWDB) on a
reimbursemeni basis �'ollowing receipt Qf a monthly report of certif ed "At-Risk"
children served from the LWDB. The LWDB will reimburse the Texas Workforcc
Comxnission (TWC) the local ma�ch (40.01 %).
The City and the vendoar fizrther agree to abide by the following terms o�this
contract, herein refer�red to as `�.greement" or "contract":
1. Eitber party may end this agreem�nt immediat�ly if ihe parties are unable or
unwilling to make amendments to ihe agreement which �ay become
necessary to coniinue the agreem�nt because of
- A change in state or federal Iaws;
- A reduction in or exhaustion o� available state o;r federal funds;
�- A change in TWC or othex requirerr�nts.
Any obligations incurred by ex�her party befare�ihe termination date of #his
agreement musi be met. Terminaiion of this agreement does not release �h�
vendor from the requirement to k�ep records and allaw access to r�cords �or
three years and 90 days. �
2. This agreement may be canceled by mutual consent. If such �n�:?;�t�al...con�ent�.
cannot be a�tained, the vendor or City may give thirty (3 0�), ;��:� ����i��.�,�,.
notice to the other party and this agreement shall be terininaied upon �he
expira�ion o� the �hirty {30) day period. This provision do�s not rule out
immediate termination allowed in pax�agraph 1.
3. The v�ndor will carry a minimum of $200,000 per occurrence of liability
insurance for ihe entire time period covexed by the agreement. The vendor
will indemrufy Ciiy for claims of injury resulting from the vendor's provision
of child care under this agreen�nt.
4. Child ca.�e programs adminxst�red by independ�nt school dis�ricts, including
pre-kinderga.rten pragrams, by a state college ox university or by the federaZ
�overnment are exempt from the liability insurance requirements cited in
paragraph 3 abo�re (40 TAC §10.3445},
5, The vendor agrees to the approved ra�e(s) for caxe az�d transportation as
described in this agreement, for authorized enrollmeni days, reduced by the
assessed parent fee amount or child care subsidies {where applicable) and any
previous overpayment{s). The vendor agrees to the authorized inclusian
assis�ance ratEs reduced by fhe assessed parent fee amount ox child care
subsidies (wher� applicable) and any previous overpayment(s} as described
in �khis agreement. The vendor is autho�zed by City ta receive additional
reimbursement only for indxvidual chilc�ren that the Ci�y and vendor agree
need extra adult assisiance. The amount af the inclusion assistance raie
(154% or 190%) is based on the amount of assisiance n�eded and is
determined by City. . �
6. The vendar must comply wxth applicable locaUstate licensing and regis�ration
requiremenis.
• The v�ndor must h�.ve a valid lic�nse {provisional or permanent) or
registration in order to b�corr� a vendor. �
o The license or regis�ration must be maintained at all tirnes during this
agreement,
7. The vendor must have a valid agreement pr-iox to receiving City ze�erred
children and will only b� paid �ox delivering child care services on or after
the eff�ctive date and on or before the termznation date of the agxeement. To
be valid:
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ihe �ffective 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 eff�ctive
date o� the agreement.
• A new agreemeni must be com�leied if th� vendor recexves a new
license. �
• The agreement may not cover a,ny period of time where the vendor
does not have a. valid license ox registraiion such as during the
applica�ion phase that licensing allows,
� The vendor must be insu7red as required in paragraph 3(note excep�ian
in paragraph 4).
8. This agreement authorizes the placement of City of Fort Worth children only
in the specific facixityat the specific 1oca��on identzfied on this agz�eer�ni.
� The �endor may not transfer �he v�ndor agreement io any other entity,
faczlity or location.
• The vendor may no� move City ref��red chi�dren to another facility
wiihout the prior approval and consent of Cit�r
� Th� vendor may submit bills only for authorized City referred childxen
under City author�zed condiiions.
9. The vendor must inform City prior to changes in:
- the name of the facilit�r, ,
� ownership, gov�rni.ng bodyor corporate status;
- the contact person;
-� the locationladdress of the facilit-�
- the condit�ons or sta.tus o�the license or registration;
- scheduled holidays;
- hours of the program;
� ages of the children served;
- published raies and/or fees;
- transportation policies;
- liabiliiy insuxance coverag�; or
� an� other changes to chi�d care services provided.
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� Th� vendor must inform City immediately of ariy anticipated changes
thai wi11 a�'fe�t the terms of this ag�eement or ihe nature o� the child
care s�rvices provided.
• Failure to inform the City about any o�' �iese changes befare their
occurrence may result in adv�rse action� against the vendor.
• Depending upan the naiuxe of the changes, Ci�y wi11 determine
whether a new or amended agx�ement is required or if only updates to
th� Vendor Data Worksh�et are necessarx
10. Adverse actions against the vendor include but are not� lu�ed �o;
- suspension, termination or non-renewal o� the agreerrent;
- the c�osing of intake;
- rernoval of City referred children;
- tempora�ry withholding of paytnents;
- non-payment for child care servic�s delivered; and
-- recoupment of funds paid ta the vendor.
� City will terminate this agreerr�nt if:
- the vendor loses its �icense or regisfxation status;
- the vendar is not insured as required.
• Ciiy m�ay terminate this agreemen� if
- serious ca�rrrective or ad�rerse action(s) are ta.ken by the �ta�e-
� licensing agency,
- there are continued non-compliances with stat� or Ioca�
Iicensing xequirerr�nts;
- there are con�inued non-compliances with �endor requirements;
or,
- an owner or empioye� of ihe vendor is convicted of fraud.
� The vendor will nat receive payment for any child care services
provided du:ring an.yiime period not covered by. �
- a current license or registration,
�- �li� required azx�ount of liability insurance, or -
� a current agreem:�nt.
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. The vendor �ill also noi receive paymeni far any child caxe services
provid�d for any child on any day that the number of childr�n
attending exceeds the licenseiregzs��red capacit�f th� facility:
11. All childr�n musi b� irea�ed fairly and equitably xegardless of race, co�or,
national origin, age, sex, disabi�ity, polit�cal beliefs, type of facility or
religion. Parent choice will be honored in det�rminia�g child care
a�rang�ments to the extent required by �he funding sou�rc� �or th� paren�/child
involved.
12. The vendor will comply with Title VI of the Civil Rights Act of 1964 (Pub�i�
Law SS-352), Section 504 of the RehabilitationAc� of 1973 {Public Lavv 93-
112), The Americans Disabilities Act of 1990 (Public Law 101�33b), the
Health and Safety Code Sec�ion 85.113 (relating to workplace and
confidentially guideliMes regarding AIDS and HIiJ�), and aIl amendments to
each, and a�l requiremenis imposed by the regulations issued pursuant to
these a.cts. In addition, tihe vendor agrees to corr�ply with Title 40, Chapter
73, of the T�xas Administrative Code. These provide in part i1�afi no persons
in ihe United Staies shal�, on �he grounds of race, color, national orig�n, sex,
age disability, palitical bel�eis or religion be excluded from participation in,
or denied, any aid, care, serv�ce or oiher benefits provided by federal and/or
state funding, or otherwise be subj�cted to discrz�inatiQn.
The vendor will not discriminate against children wiih disabiiities. The
vendor wi�l also not discriminate agains� children wi�h AIDS. The vendor
will comply with f.he Health and Safe�y Code Sec�ion 85. ll 3. by adopting and
implementing HIVIAID� workplace guidelines for employees and clients; by
providing educa�ional progr�.ms £or employ�es and cli�nts; and, by
develaping and implementing guidelines x�garding confidentially of
HIVIAIDS related medica� information �or employ�es and clients served.
13. � The vendor wi.11 comply with the requirement af the Immigration Reform and
Control Act of 19$6 z�egarding emp�oyment verif�cation and r�t��tion of
verification forms for an.y i.ndividuals hired on ar after November 6, 1987,
who wi11 perform any labax or services under ihis agreeneni.
14. The vendox musi inform appropriatie vendar staff of all relevanti requirements
in �his agreement and the Vendor Manual in order to r�.antain _���nliance_
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Executed this �' dayof� , , 2002.
Attest:
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�it� Secr��a�"y
CITY OF FORT WQRTH
.
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Charles R. Bosw�ll
Assistant City 1lnanager
Apparoved fox Form and Legality:
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�City orney
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Cant�ac� I�ut�ori�ation
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Frankie McMurir�y
Executive Director
C1ay�on Child Ca.re
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STATE O� TEXAS §
COUNT�ES �F TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
an ti�is day personally ap�eared Frankie McMurrey, known to me to be the persor� v+rhose name
is subscribed to the fioregaing instrument and acknowledged ta me that the same was the act of
the Clayton Child Care 5ervices and that she executed the same as tt�e act af said Glaytpn Child
Care 5ervices for the purpose and consideration tF�erein expressed and in ihe capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL �F �FFICE this
��CJ��.J � 2�D2.
� � a,�
o ary ubfic in an �or
the S�ate of Texas
�,�i'•"•"•'•'';� CLARfE BAaR�TT
�• ;�`; " iNY COMMIISSION F�CPIRES ;
�� • F�er��ry xs, zaas
STATE OF' TEXAS §
COl1NTIES DF TARRANT §
A�ID DENTON
�?.�� day af , A.D.
BEFORE ME, tt�e undersigned authority, a Notary Public in and for fihe State of Texas,
on this day persana�ly appeared Charles R. Baswell, known to me to be ihe person whose name
is subscribecE to the foregoing instrument and acknowledged to me that the same was the act of
the City of For# Worth for th� purpose and consideration therein express�d and iR the capaciiy
therein sfated.
GIVEN UNDER MY HAND AND S�AL OF OFFICE this ,�f�day of , A.D,
- 2�02.
0�(P�,... ,C/ ��
�� °� R�SELlA BARNES o aryPublic in an�c � o�
NOTARY PUBLIC ihe State ofTexas
����,fy F 3tata of Texas �
o�,�.� Camm. Exp. 03-3 i-2005
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•
�ity o, f l�o�t Wopih, T'exas
l�J[a�or �.�� C������ �o�r���.ica�i��
DATE REFERENCE NUMBER LOG NAME PAG�
1 Q115102 **�p� g2�� 02CHILDCARE 1 af 2
SUBJECT ACCEPTANCE OF ADDITIONAL FUNDING AND CONTRACTS WITH SERVICE
PROVIDERS F�R THE TEXAS WORKFORCE COMMISSION TITI.� Vl AT-RISK
CHILD CARE DEVELOPMENT FUND
RECOMMENDATION:
It is recammended that the City Council:
1. Appro�e the acceptance ofi grant funds in an amount Up to $400,217.00 from the Texas Workfvrce
Commission (TWC) in the staie FY2002 bud�et {September 1, 2002, through August 3'[, 2Q03) as
part af Title Vl af the Pers�na) Responsibility and Work Opportunity Reconciliatifln Act (PRWORA)
o# 199� for the Child Care Development Program; and
2. Authorize the City Manager tfl execute contracts with the followin� organizatians to provide
additional child care services, contingent upon approval and reeeipt of adequate funding from the
TWC, the Titfe V� Child Care De�elopm�nt Program� AI! contracts will begin 5eptember 9, 2002,
and expire August 31, 2�03:
• YWCA of Metropolitan Fart War�h in an amount not ia exceed $141,334.00; and
• Clayton Child Care 5ervices in an amount not to exceed $56,349.00; and
� Child Care Associates in an amount not to exceed $60,739.00; and
� YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621.00; and
� Fort Worth Housing Autharity, for the AMAKA Learning Center, in an amount nat to exceed
$28,174.OQ.
DISCUSSION:
The ferms autlir�ed in T�tle VI of the PRWORA of 1996 far the Child Care Development Program allaws
cities #o use I�cal funds alfocated to ehild care services as a match to access additional federal funds to
provide additional child care services.
For purposes of this program, Cammunity De�elopmen# Block Grar�t (CDBG) funds are cansidered to
be "local funds". The amounts requested are determined by a farmula bas�d an CDBG funds being
spen# on At-Risk Child Care during the period Sep#ember 1, 2002, througF� August 39, 2003.
The City will participate in this iacal initiative agreement in collaboration with the TWC in arder to
access $40Q,217.OD in additional child care funding for pra�i�ers s�rvicing the City. In this agreemen�,
the child care pro�iders wfll receive 100% reim6ursement far services rendered to At-Risk eligible
children from the Child Care Management Systems, not to exceed $�40Q,217.D�.
�`ity of Fa�t YYorth, �''exas
11��.��� �.�.cl C�u�ci� �o���n�������
DATE REFERENCE NUMBER I�OG NAME PAGE
101151a2 **��� 92�� D2CHILDCARE 2 0� 2
suB��cT ACCEPTANCE �F ADDIT ONAL �UNDiNG AND CONTRACTS WITH SERVICE
PROVIDERS FOR THE TEXAS WORKFORCE COMMISSION TITLE VI AT-R[SK
CHILD CARE DEVELOPMENT FUND
In t�i� transfer agreemeni, the TVIIC wilf reimburse the Child Care Management System the federal
shar� (up fio $240,95Q.20), and the City will reimburse the TWC the [ocal share {up to $160,066.80� of
expendi#ures. The City will designate up to $160,D8G.80 in CDBG funding as the local match.
In fhis local initia�ive agreement with the state, the Ci�y will not be the recipient of any federal funds from
the state. The City will use a portion of each child care pro�ider's CDBG fur�ding to provide the Iocal
match. Each agency is responsible for the fo�fowing amounts of tf�e local share:
• YWCA of Metropolitan Fort Worth in an amount not to exce�d $56,526.52; and
� Cfaytan Child Care 5ervices in an amouni not to exceed $22,536.78; and
• Child Care Associat�s in an amount not to exceed $24,292.55; and
� YMCA of Metropolitan Fort Warth in an amount not to exceed $45,442,77; and
� Fort Worth Housing A+�thority, far the AMAKA Learning Center, in an amaunt not to exceed
$11,268�18.
FISCAL W�ORMATIONICERTIFICATION:
The Finance Director certifies thaf funds are a�ailable in the c�rrent operating budget, as appropriated,
af fhe Grants Fund.
CB:k
Svbmitted for City Manager's
Office by:
Charles Boswelt
Originating Departmenf Head:
Charles $oswell
Additianal Infarmafion Contact:
Deidra Emerson
FUND I ACCOUNT I CENTER I AMOUNT
(ta)
6183
6 i 83 (�ram)
GR76 539'120
GR76 53912D
GR7B 539920
GR76 539'i20
7563 GR76 539120
002206771�460
00220677147D
002206771480
p0220677' 1 �490
002206i71500
$56,b26.52
$24,292,55
$1 '[ ,268.18
$45,442.77
$22,538.78
CITY SECRETARY
APPROVED 10/15/02