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HomeMy WebLinkAboutContract 27194�iT.Y ���R�'�A�Y :�NTRACY N�. _, "_'�� STATE U� TE�AS g COUl�TTxE� OF TARRAi�3T � A1VD �E1�1T01\T C�TY OF FORT W4RTH PROVIDER AGREEl�E1�T TAI� contract is entered inio 6y and between the City o� Fort �Vorth ("City "), a home-rule mutucipality in the Staie of Texas, acting through Charles R. Baswell, its duly authorized Assistant City Manager, and Ck�ild Care Associates ("vendor"), acting through Mr. John A. Whitcarnp, iis duly authorized Execut�ve Dirc:ctor. 'Fhis contract entered into with specif�c reference to a grant agreement between Ciiy and T`exas Workforce Cammissivn ("TWC"} far the transfer of funds, on file with the State of Texas as Chi1d Ca.re Tran�fer Expenditures Cvntract, Uniform Cont7ract Number 0502CCT003; Purchase of Ser�ice (PQS} Number 03Q90T02 FY02. The term of the contract will cover ihe time periad beginning September 1, 2001 and end August 31, 2002, Ver�dor will pravide child care services for families �ertified as "At Risk" for direct child care. At Risk, according to Title VI of the Personal R�sponsibility and Work Opportun�ty Reconciliation Act of 1996 (PRWORA) for the Chi.ld Care Dev��opment Programs, describes families whose parents are working and need child care to keep their jobs. Th�ir xncome must be at ar below 150°/a of Federal Poverty Income Limit. They mus� pay a parent fee, ba�ed an their i�ncome and they must noi be recei�ri�g Aid to Families with D�pendent Children (AFDC). Vendor agrees to provide services, contingeni upon approval and receipt of adequate funding �or the Title VI A�-Risk Child Care Program of the Texas Workfnrce Commission. This cantract is subject to availability o�Local, State, and F�dexal funds. If funds are unavailable or r�duced, written notice wi11 be given af termination, payment suspension, or funding reduction. VEndor agrees to provide the Child Care M�nagement System (CCMS} with the proper information and docum�ntation to allow the CCMS to determine the eligibility and the prop�r Uni# Rate for each child. CCMS will be r�sponsible in charging the proper Unit Raie per child. The Unii Rate will be detertnined by the rat� establis�ied by the Local Workforce Development Board (LWDB). The LWDB. � � �� ���� ., __� ����i � �_���s���� , - uses the current Child Care Management System (CCMS) Maximum Rate for Tarrant Cou�ty. Vendor will receive 100% reimbursement for services render�d to At-Risk eligible children from Child Care Management System (CC1V�S}, not to exceed $122,397. The terms outlined in Title VI of Personal Respansibility and Work Opport�.anit}� Reconciliatzon Act a� 1996 (PRWOR.A) far the Child Care D�velopm�nt Programs allow cities to use local funds allocated �or child care as a match to access additional �ederal funds �o �zovide additional chifd care services. For ihe purposes of this agreemeni, Community Development Slock Grant (CDBG} wi11 be used as ihe local match. '�'he Ciiy will disbt.u�se CDBG amonies as �he Iocal match in the Amount up to $48,709 to the Local Workforce Developrrient Board (LW'DB) on a reimbursement basis followirig rec�ipt oi a monthly report o� certified "At-Risk" children served from the LWDB. The LWDB w�11 reimburse the Texas Work�orce Comrnission the local matck� {39.83%). The City and �he vendar furth�r agree to abide by the following terms of this contiract, herein referr�d ta as "agreement" or "contract": 1. Either party may end this agreement immediately if the parties are unable or unwilling iv make amendrnenfs to ihe agreement vvhich may become n�cessary to continue the agreement because of - A change in stat� or federai laws; - A reduciion in or exhaustian of available state or federal funds; - A char�ge iz� T'�C ox other requirements. Any obligations ineurred by either party before the termination date vf this agreement must be met. Termination of this agreeme�t does not release the vendor from the requirement to keep records and allow access to r�cords far three years and 90 days. 2. This agreernent may be canceled by mutual consent. If such mutual consent cannot be attained, the vendor or City may give thirty (30) days written � _ �� _�-.�-� - ��i�u��nw� ����� ���`�' ��" ��� ��c ❑U4��II��4U� pG(19� I._,_� -...� notice to the ather party and this agreement shall be texminated upon the expiration of the thirty (3d) day p�riod. This provision does not rule out immedia#e �ermination ailow�d in paragraphs 1 and 2. 3. Th� vendor will carry a minimum of $204,000 per occurrence o� liability insurance for the entire time period covered by �lie agrecment. Th�e vendox will indemnify Gity for clazms of injury resulting from the vendor's �rovision of child care under this agreemeni. 4. Child care programs administered by independent school distr�cts, including pre-kindergarten programs, by a s�ate college or university or by the federal government are exempt firom the liability insuranc� requirements cit�d in paragraph 4 above (40 TAC �10.3�45). 5. The vendor accepts as payment in full the approved rate{s) for caxe and transportatiion as described in this agr�ement, for authorized enrollment days, reduced by the assessed parent fee amount or child care subsidies (where applicable) and any previaus overpayment{s). T'l�e vendox accepts as payment in �ull the aufhorized inc�usion assistance rates reduced by the assessed parent fee amount or child care subsidies (where applicable) and any previous a�erpayment(s) a� described in this agreement. The vendo:r is authvxized by City ta receive additional �eimbursement only far individual chiidren tha� the City and vendar agree need extra adult assist�nce. The amount of the inclusion as�istance rat� (�.50% ox 190%) is based on �he amvunt of assistance needed and is determin.ed by City. 6. Th� vendor musi comply with applicable locallstate licensing and registration requirements. � The vendor must have a valid license (provisional or permanent) or registration in orde:r tv become a vendvr. � The lic�nse or registration must be rnaintained at aIl times during this agreement. 7. The �rendor xnust have a valid agre�ment prior �o receiving City re�e�red children and will only be paid for delivering child care services on or aftex —3— � �,�����dr` � °���� � �4�' ��t����� � � . �� the e�ftec�ive date and on or be%re 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 agreement. � A new agreement must be catx�pleted if tl�e vendor receives a new license. � Th� agreement ma� r�ot cover any period of tim� where ihe vendor does not hav� a valid Iicens� ar registration such as during the application phase that licensing allovsrs. �� • The vendor must be insured as required in paragraph 4(note exeeption in pa:ragraph 5). S. This agreem�nt autharizes th.e placement of City of Fort Wo� children on�y in il�e specific facility at ihe specific location identifi�d on this agreem�nt. * The vendor may not transfer the vendor agxeement to any o�her entity, facility or location. � The �endor may not move City referred children to anoiher facility witk�out the prior approval and consent of City. � The vendor may submit bills only for authorized City r�fe�red children under City authoriz�d condi�ions. 9. The vendor mu�� inform City prior tQ changes in: - the nam� of the facility; - ownership, goveming body or corporate status; � the contact person; - the locarion/address o�ihe facility; - the conditions ar status oi the license or registration; - scheduled hol�days; - hours of the program; - ages of the children served; - publish�d xates and/er fees, - transpartation pol�cies; -- liability insurance coverage; or - any other chan�as to child care services providcd. � ��4��tv - _ - �V�d�1 � v 9� U C"l�a'v PSLS �i�� �a �Vfc,�� ��� _� � The v�ndor must in�orm City immediately of any anticipated changes that will affect the terms of this agreemen� or the nature of the child care services provid�d. � Failure to inform the Ciiy about any of these changes be�ore their occuzrence may result in adv�rse actions against the v�ndor. • Depending upon the nature o� the changes, City will determine whether a new or amend�d agreemenf is required or if only updates �o the Vendor Data Worksheet are nec�ssary. 10. Adverse actions against the vendor include but are no� limited to: - suspension, iermination or non-renewal of the agreement; - the closing of intake; - removal of City referred childre�; - temporary withholdi�ng of payments; - non-payment for child car'e services delivered; and - recoupment of funds paid to the vendor. • City will terminate this ag�reement if -- fihe vendor loses its lic�nse or registration status; - th� vendor is not insuxed as r�quired. � City may ierminate this agreement if: -, serious corrective or adverse action(s) are taken by the �tate- licensing agency; - there are cvntinued non-compliances with sta�e or local licensing requirements; - there are continued non-compliances with vendor xequirements; or, � - an owner or emplayee of th� vendor is convicted of fraud. � The v�ndor will not receive payment for any child care services provided during any time period not covered by: - a current license o� registration, - the required amount o£ liabiliiy insurance, or - a current agreement. -5- � The vendor will also not receive paymeni for any child care services provided for any child on any day that the number of children aitending exceeds the lieense/regisiered capacity of �he facility. 11. All childxen mt�st be treated fairly and equitably regardless of race, color, national origin, age, sex, disability, political beliefs, type of faciliiy or religion. Parc;nt choice will be honored in deiermining child care arrangements to tha e�tent required by the funding source for the parentichild involved, � 12. The vendor will comply with Title VT vf t�ie Civil Rights Act vf 1964 (Public Law 88-352), Section Sa4 of the Rehabilitation Act af 1973 (Public Law 93- 112), The Americans Disabilities Act of 1990 (Public �aw 101-336}, the Health and Safety Code 5ection 85.113 (relating to workplace and conf dentially guidelines regarding AIDS and HN), and alI amendments to each, and all requirem�n�s imposed by the regulatians issued pursuant to these acis. In addit�on, the vendor ag:rees to camply with Title 44, Chapter 73, o�'the Texas Administrativc Cade. Thesa pravide in part that no persons in the United States shall, on the grounds af race, color, natianal origin, sex, age disability, poli�acal beliefs or reiigion be �xcluded from partici�ation in, or denied, any aid, care, sexvice or other benefits provided by federal atad/or state funding, or otherwise be subj�;cted tv discrimination. The vendor will not discriminate against childr�n wi�h disabilitzes. The vendor will also r�at discrimina�e against child�re� with ATDS. The vendor will camply with the Health and Safety Code Section 85.113 by adopting and iunpiemenfzng HI�TIAIDS workplace guidelines for employees and clients; by providing educational programs for emplayees and clients; and, by dev�loping and implementing guidelines regaxding canfidentia�ly of HIVIAIDS relat�d medical information for emp�oyees and cXients serv�d. I3. The vendor will comply with the require�n.ent of the Immigration Reform and Cvntrol Act of 1986 regarding emplo�ment verificatiori and retention o� verification farms for any individuals hired on or after November 6, 1987, who wi11 per�arrn any labor or services under this agreement. � 4. Th� vendor must inform appropriate vendor sta�� af alI relevani requirements in this agreement and the Vendor Manual in arder to rnaintain compiianc�. �� Executed this _ Attest: � r _ . /�—. r, ,�°-�tl� ity s retary r �dayo� - -► Approved for Form and LE ► ,, -_ � ;�-r ' - �.--- �; i�l�,E • , City A�rney � - � . L IY'� ��-� ., - • -=-- contract Au�horizatian � -► � [ �, ��t� � -� �l�r,,�. f _ .�- - - '-�'" ` - "t' * � Joh� A. Whitcamp Presid�nt & CEO Child Care Associates -7- . _-_ �._ - ----� --; �������� ��LU�� ��� �������� � ���,�i_ �, ��� __ _ , 2001. CITY �F FORT WORTH t ' '.� � . ���-�. Charles R. Boswell Assistant City Manager STATE OF TEXAS § COUNTIES �F TARRANT § AND OENTON BEFORE ME, the unders�gned au#harity, a Notary Public in and for tfi�e State of Texas, on this day personally appeared John A. Whitcamp, known to me to be the person whose name is subscrbed to the foregoing instrument and ack�owledged to me that the same was the act of the Chi1d Care Assaciates and that he executed t�e sarne as the act o# said CFiikcl Care Associates far the purpose and consideration tl�erein expressed and in the capacify therain � stated. - � . GiVEN UNDER MY HAND AND SEAL OF OFFICE this ' day af , A.D. ` 2�C�'{ . .. ,�_..-,-., _. -�.� - -- - --- _ , _ ,,,��"'�e�; : ROBERT E. �Uk(E JR. ,, � r L _*� '*= NkY C4MMlSSIOiV EXPIRES , • '_�• 'b= Na�ember� 200� : �iotary Pubfic in a��l �,r ' y�i�'�''�,r :�,� :� �.,�m�� the State af Texas � � �� STATE OF' TEXAS § COUNTfES OF TARRANT § AND DENT�N BEFC�RE ME, the undersigned autharity, a Natary Public in and for the State a# Texas, an this day personally appeared Charles R. Boswell, known #o me to be the person whase name is subscribed to th� faregoing instrument and acknowiedged to me that the same was the act af the City af Fort Wort� for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UN�ER MY HAND AND SEAL OF �FFICE this �l�day of , A.D. ����� 20D1. �.... ���Y A��� RQSELIA BARNES NOTARYPUBLlC Nota Pub{ic in ar�d for � �� St�te or �'exas N ��OP,,,� E�mm, �xp, 03-31-2ppg the Stat� of Texas � u' ��:' . , -� �,',. �� - —- -- - . , .�'��RPo._.,:��� � i . �p� I - � O ����OG'a� I���U'�� �9� ������� , '���, �G�O, �� � �'ity vf Fari �'o�th, T'e�cas r���� �rr�� ���� l ��t��r�;��t��� � � . DATE REFEREf�iC� NUMB�R L.OG NAM� PAGE s�s�o� ����� ��ss 1 � a-rwc 1 - z of z sua.��cT qCCEPTAiVCE OF ADDIiIONAL FUNDiNG AND CONTRACTS WtTH SERVICE � PROViD��S �OR THE. TEXAS WORKFORCE COMMISSION TITLE VI . AT-RISK CHILD CARE �EVEi.OPMENT FUN❑ RECOMMENQATION: ft is recommended that the City Councii: 1. Appro�e the acceptance of g�ant funds in an amount up fo $461,875.0�0 iram the Texas Workforce Cammission {TWC) in state �Y2Q01 (September 1, 2�Q�, through Aug�st 3�, 2�02} af the Ti#le Vi of the Personal "Resp�nsibility and Work Opportuttity Recv�cif�atian Ac# (PRWORA) of 1996 far tt�e Chiid Care"Development Program; and 2. AutF�orize the Cifiy Manager to ex�cute co�tracks with the fol[owing organEzations to pravide additEonal c�ild care serv�ces, conting�nt �pon approval and receipt af adequate funding frorn #he TV11C af ihe Titie VI Child Care De�elopment Prog�am. All contracts w911 begin September 1, 2001, and expire August 31, 2002: � a} YWGA of Metropolitan For� Warth in an amount not to e�ceed $141,334.00; and. b} Clayton Child Care Services in an amount nat to exceed $56,349.a0; and c} Child Care Associates in an amount not to exc�ed $122,39�.OD; and b} YM�A �f �+1�rrc��c�l�;ar� ��t U�r�h l� �r� ar���t �ot � ��eed �'�'� �,5��.U0; �d � �a;� Fort Worth Housing Au#hority, for the AMAKA i.earning Center in an amount not t� exceed $28,174.00. � -, D15CUSS�ON: .: The terms outlined in Title VI of the pRWORA of 1996 for the Child Care Dev�lopment Prograrn alEows cities ta use local funds all�cated to child care services as a match to access additional federal funds to - provi�e addit�onal child care services. � For purposes of this prog�am� Communitg� Development Black Grant (CDBG) funds are considered to b� "lacal #unds". The amounts requested are �etermined by a formula bas�d on CDBG funds being spent on At-Risk Child Care during the period September 1, 20�1, through August 31, 20D2. The Ci#y will pa�icipate in this local initiat��e agreement in collabara#ion with the TWC in ord�r ta access �46�,815,00 in addi�ional child care fun�ing #or providers serv�ng the C�#y. In �his agreement, the child care pro�id�rs will �eceive 100°/p reimbursement for servic�s rendered to Afi-Risk eligible children from the Child Care Management Systems, not to exceed $481,875.00, �'ity of �Qri �o�h9 Texas � �� arrt�l a�r��Q (�c��rfm��;��t��� � pAT� REF�RENCE NUMB�R LOG NAM� PAG� . i 819/0'f **�-9�69� I - -'l37WC 2 af 2 s�B��cT ,�1CCEPTANCE OF ADD�TlUNAL FUNQING AND CUNTRACTS WITH SERVlCE PROVlDERS �OR THE TEXAS WORKF�RCE GOMMIS510N TITLE Vi AT-RISK CHI�.D CARE DEVELOPMENT FUIVD _ _ _. �n this transfer agreement, the TWC will reimburse tt�e Chifd Care Management 5ystem ihe federal � sf�are (up to $278,064,'i5j, and the Ci�y will reimburse the TWC tn� lacaf share (up tv $�83,8�0.85) of expenditures. The Gity wi�! designate up to $�83,810.$5 af CDBG f�nding as the locaf match. ' ln th9s local ini�iati�� agreement with the state, the City will naf be the recipient of any tederal funds from the statB. The City wif) us� a partion of each ci��ld care provider's CDBG funding to provide the �ocal ma#ch. Each agency is responsi�fe for the fo�lowing amaunts of the lacai share; • YUUCA of Metropolitan Fort WortF� in an amount not to exceed $56,246.20; and • Claytor� Chifd Care Serv9ces in an amount not to �xceed $22,425.D0; and . � Child Care Associates in an amount nat to exce�d $48,7a9.93; and o YMCA of Metrapolitan Fort W�rth ir� an amo�nt not to exceed $45,297.39; and .• Fort Worth Housir,g Authority, fvr th� AMAKA l�earning Center in an amount nat to exceed $1'E,2� 2.3a. FISCA�. iNFORMATION/CER7I�ICATiQN: � TF�e Finance Director certifie� that fur��s are available in ti�e current operating budget, as appropriated, of the Grants F�nd. � ; CB:n Submftted far City Manager's Office by: Charles Bnswelt Originafing Departme�t Head: Jim Keyes Addittonal Informatian Contact: �rank Marrera , -- � FIIi�ID � �cea�cnvT f � (ta) 85 ].1 � � � 85 Z 7 � (&om) _ � GR76 GR76 r GR78 � GR76 7536 � GR76 CENTER _J AMOUNT _ CITY SECRETARY _ 53919Q 01320669749C? 539110 013206697480 53999D 0132D6697450 539i10 01320869746Q 539110 413208697�70 _ 1 � $22,425.02 � $45,217.39 $56,246.2� � $48,709.93 j $11,212.30 � R�'��OV�D ��TY C�Ui�C#L �',UG 9 �OQ1 �¢u� ��� City Secrelar�y dt tl�e Cii� of FuFtV'Jorth, Toxas 0 City o,�'�'or� �'orth9 �'e�as ���� ��� �r�n�l ��n��r����t��� � � �ATE REFERENCE NUMBER LOG NAME PACE 819101 *��.�� �6�5 13TWC 1 of 2 SUBJECT ACCEPTANCE OF AC7DITIONAL FUNDlNG AND CONTRACTS WiTH SERVICE PROVIDCRS F�R THE T�XAS WORKFORCE COMMISSION TITLE VI AT-RISK CHILD CARE DEVELOPMENT FUND REC�MMENDATION: It is recommended that the City Council: 1. Approve the acceptance of grant funds in an amount up to $�61,8T5.00 from the Texas Work�orce Commissia� (TWC) in state FY20a1 (September 1, 2001, through August 31, 2002) of the Tit�e VI of the Personal Respansibiiity and Work Opportunity Reconciliation Act (PRWORA) of 199f #or the Child Care'Development Pragram; and 2. Authorize the City Manager to execute contracts with th� fvllnwing organizations to provide additional child cara servic�s, contingent upon appraval and rec�ipt of adequa�e fur�ding from ihe TVIlC of #he Title Vi C�i1d Care D�velopmen# Program. Afl contracts will begin September 1, 20d1, and expire August 31, 2002: - a) YWCA of Metropolitan Fort Wort� in an amount not to exceed $'f41,334A0; and b) Clay#on Child Care Services i� an amount not to exceed $56,349.00; and u-� �kr ��i ��-� Rss���a�e� i� a�n an���nt n�t xo e�cc�e� �'f �2,�7.Q(�; �r�i� d) YMCA of Metropoiitan Fort Worth in an amount not ta exceed $113,621.00; and � e} Fort Worth Housing Authority, for the AMAKA Learning Center in an amount not to exceed $28,174.a0. � DISCUSSION: The terms outlined in Title VI of #he PRW�RA of 199� for.the Child Care Development Program allaws cities to use {ocal funds allocated to child care services as a match ta access additionaf federa! funds to � provi�e additionai child care services. ' Far purposes af this program, Community Development Bfock Gran# (GDBG) funds are considered ta be ufocal funds". The amounts requesfed are cietermined by a farmula based on CDBG funds being sperit on Ai-Ris�C Child Care during the perio� S�ptember 1, �aa�, through August 31, 2002. The City will participate in this lacal initiative agreement in collaboration with the TWC in order to access $461,875.4Q ir� ad�itional ei�ild care fur�ding fo� providers serving the City, ln -th9s agreement, the child care providers wifl receive 1D0°!o reimbursement for se�vices rendered to At-Risk ei�gible children #rom t�� Child Care Management Systems, nat to exceed $461,875.00. �'ity o�'Fv�i �o�h, T'exas �cr�r ��� �,�un�t �,����n�c+���� DATE R�F'�RENCE NUM�ER LOG NAM� PAGE 8/910�1 *���`� �696 � 13TWC � 2 of 2 sue.��cT - ACCEPTA�lCE O� ADD1TlONAL FU�JDING AND CQNTRAC7S WITN S�RVECE PRO�V�DERS FOR THE T�XAS 1NORKFORCE COMMISSI4N TIT�.E VI AT-RI5K CHIL� CARE DEV�LOPMENT FIJND In this transfer agreement, the TW� w�ll reimburse the Chiid Care Manag�ment 5ystem the federal ; share (up to $2i8,064.'i5}, and tt�e City wilf reimburse the TWC the local share (up to $183,8i0.85) of exper�ditures. TF�e City will designate up to $� 83,81 a.85 of CDBG funding as the local match. � 1n this Iocal initiative agreemen� with the sfiate, the Gity will not be �he recipient of any federal funds from � the state. The City will use a partion of each chifd care provider's CDSG funding to �rovide the iocal match. . Each agency is responsible for tt�� followirtg amo�nts af #he local share: + YWCA of Metropoiitan Fort Wo�th in an amaunt not to exceed $56,246.2Q; and � Claytan Child Care Services in an amount not to exceed $22,�25.00; and � Child Care Assaciat�s in an amaunt nat to exceed $48,709.93; and � YMCA of Metrvpolitan Fort Worth in an amo�nt not to exceed $45,217.39; and , � Fort Worth Ho�sing Authority, far the AMAKA Learning Center in an amo�nt not to exceed ' $1'I,2�2.30. FISCAL WFORMATIOI�ICERTIFiCATIQN: The Finance Director �ertifies t�at tunds are avai�able in the current aperating budget, as appropriated, of the Gran#s Fur�d. CB.n Submitted #nr Ctty Manager's Office by: � Charles Hoswell S51 I � Origina#ng Departme�t Head: Jim Keyes 8517 Additional Ynformat[an Contact: Frank Mattero , 753G � FUND I ACCOi1NT � CENT�R � AMOIINT' I � (to) � � � (from) GR76 GR7B l GR76 � GR76 � GR7$ 535110 04320B6g7490 539'!'!0 0�3208897480 5391�0 0132�6697450 - s�s��a- a�szosss�4so 539110 01320669747Q - � � . + $22,42vA2 � $�45,217.39 � $58,246.20 $48,7{?9.53 $1i,2'l2.30 CITY S�CR�TARY ����v�Q CITY COUN�(L ��E1G 9 20fl1 �� ��'� cuy s�Qt�y ot �ne � Git� ai F art Waxtt�,'Cffxas