HomeMy WebLinkAboutContract 27195C1YY �EC#��'��1r �
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STATE OF TEXAS §
GOUNT�ES OF TARRA�fT §
AI�ID llEl�T01�
CITY OF FORT WORTH PROVIDER AGREE�'iE1�T
THIS contract is entered into by and between the �City oi Fort �Varth ("City "}, a
hom�-rule murucipality �iti the State of Texas, acting fharough Charles R. Boswell, its
duly authorized As�istant City Manager, and Y.M,C.A. of Metropolitan Fart Worth
("vendor"}, acting through Mr. rerry Pipes, its duly authorized President, 'Phis
contract entered into with specific reference to a gran� agreem�n� between Ciiy and
Texas Workforce Commission ("TWC"} %r the t�ansfer of funds, an file with the
State vf Texas as Child Care Transfer Expenditures Contract, Uniform Con�iract
Number 0502CCT003; Purchase of�Service (�OS} Number 03090T02 FY02.
The term. of ihe contract will cover the tim� period beginning S�ptember 1,
20Q1 and end August 31, 2042. ,
Vendor will provide child care services for families ceriified as "At Risk" for
direct child care. At Risk, according to Title VI of the Personal Responsibil�ty and
Work Opportunity Reconciliation Act vf 1996 {PRWORA) for th� Child Care
Dev�lopment Progran�s, describes families whose parents are working and z�eed
child care to keep their jobs. Their i.ncome must be at or below 150% a� Federal
Pov�rty Income Limiti. They must pay a parent fee, based on �heir income ant� fihey
must not be receiving Aid to Famili�s with Dependent Claildren (AFDC).
Vendor agrees to provide services, contingent upon approval and receipt of
adequate funding for the Tit�e VI At-Risk Child Care Program of the Texas
Workforce Commis�ion. This contract is subject to availability of Local, State, and
Federal funds. �f funds are unavailable ar reduced, written notice will be given of
termination, payment suspension, or fiinding reduction.
Vundor agrees to provide the �hild Care Management System (CCMS) with
the proper info�rmmation and documentat�on to a�low the CCMS to determine the
eligxbility and th� proper Unit Rate fpr each child. CCMS will be responsible in
charging the prope� L3nit Rate per child. The Unit Rate wi11 be determin�d by the
rat� established by the Local Workforce Dev�lopment Board (LWDB). The LWDB
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uses the curren� Child Car� Managemeni System {CCM�) Maximwn Rate for
Tarran� County.
Vendor will receiv� 100% reimbursement for services rendered to At-Risl�
eligibl� children from Child Care Management System {CCMS), not to exceed
$113,621.
, The terms autlined in Tit1e VI of Personal. Responsibility and Work
4�partunity Reconciliation Act of 19�6 (PRWORA} for �e Child Care
Development Programs allow cities to use local funds allocated for child ca�e as a
match �o access additional federal fitnds to provide additional child care services.
Far the purposes of this agreement, Comrnunity Developmcnt Block Grant (CI]BG)
will b� used as the local match.
The City will disburse CDBG monies as the local match in the Amount up to
$45,217 to #he Local Workforce Developme�t Board {LWDB} on a reimbursement
basis �ollawing receipt of a monthly report of certi�ied "Af-Risk" children served
from ihe LWDB. The LWDB will reimburse the Texas Woxkforce Comrnission ihe
local match (39.$3%).
The City and the �endor �urther agree to abide by th� �ollowing terms oi this
contract, h�rein referred to as "agreement" Ox "COri�'aC�":
1. Either pa�Cy may end thi� agreement immediately i� the parties are unable or
unwillxng to make amendments to the agreement which may become
n�ce�sary to continue the agre�men� because of:
- .A change in state or federal laws;
- A reduciion in or exhaustion of available state or federal funds;
- A change in TWC or other requ:�ements.
Any obligations incurred by either pa�rty before �he termination date of �his
agreemeni musf be met. Termina�ion of this agreement does not release the
venclar from the requirement to keep r�cords and allow acc�ss �o records for
three years and 9Q days.
2. This agreement may be cancel�d by mutual cansent. I� such mu�.tal co�sent
cannot be attained, th� vendvr or City may give thirty {30) days written
notice to the other party and this agreement sha11 be terminated upon the
�xpixation of the thirty (30) day period. This provision does not rule out
immedia�� �e�n.i.nation allowed in paragraphs 1 and 2.
3. The vendor will cat-r�r a minimum o� $200,OQ0 per occurrence o� liability
insuranc� for the entire time period �overed by the agreement. The vendor
will indemnify City for claims a�injury resulting fram th� vendor's provisivn
of child care und�r this agreement.
4. Child car� programs administered by independent schaol districts, including
pre-kindezgarten pragirams, by a state college or university or by the federal
government a:re exemp� from the Iiability insurance requirements citec� in
paragraph 4 above (40 TAC § 10.3445),
5. The v�ndor accepts as payment in full the approved �ate(s) for car� and
transportation as described in this agreement, �or authorized cnrollment days,
reduced by the assessed parent fee amount or child care subsidies {wl�ere
applicable) and any pre�ious overpayment�s}.
The vendor accepts as payment in full the authorized inclusi�on assistance
rates reduced by fhe assessed parent fe� amount or child care subsidies
(where applicable) and any previous overpaymenf(s) as de�cribed in this
agreemenf. The vendor is authorized by City to receive additional
r�imbursement anly for individual children that the City and vendar agree
need e�ra adul� assistance. The amount of th� inclusion assi�tanca rate
(150% or 190%) is based on the amount af assistance needed and is
determined by City.
6. The vendor must camply with applicable local/state licensing and regxstration
requirements. _
� The vendor must have a valid license {provisianal ar permanent) or
registration in order to become a vendor.
• The license or r�gistration must be maintained at all times during this
agreemen�.
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
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the effectzve date and on or before thc termination date of the agreement. To
be �alzd:
� This agreement must be signed and dated prior to or on the effective
date o� the agreement.
� A n�w agreem�nt must be compl�ted if the vendor rec�ives a new
license.
• The agreement may nat cover any period af time where the vcndor
does not have a valid license or regist�ation such as during the
application phase that licensing allows.
• The vendor must be insured as xequired in paragraph 4(note exception
in paragraph 5).
S. This agreement authorizes f.h� placement of City of Fort Worth children o�ly
in the specific facili�y at ihe specific locaiion iden�ified on this agr��ment.
� The vendor may not transfer the vendor agreement to any other entity,
facility ar location.
� The vendor may noi move City referred children to another facility
without the p�iar approval and consent of City.
� The vendor may submit bills only for authorized City re�erred children
undex City authorized conditions.
9. The vendor must inform City prior to changes in:
� the name of the facility;
� ownership, ga��rning body or corporate siatus;
- the contact person;
- the lacation/address of the facility;
- the conditions or status of the license or registration,
- scheduled holidays;
- hours of the program;
- ages o�the children served;
- publi�hed rates andlor �ees;
- transportation policies;
- Iiability iz�urance covt�rage; or
- any oiher changes to child care services provided.
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� The vendor must in�o:rm City immediately of any anticipated changes
that will affect ihe terms of this agree:ment ar the nature of tih� child
care services provided.
� Failure to inform �he City about any of these changes before their
occurr�nce may result in adverse actions against the vendor.
• Depending upon the nature of the changes, City will determine
whether a new or amended agre�ment is required or if only updates to
the Vendor Data Worksheet are necessary.
10. Adv�rse actions against th� ��ndor include but are not limited �o:
- suspension, termination or non-arenewal of the agr�cment;
- the closing of intake;
- removal of City referred childr�n;
- tempoxary withholding of payments;
- non�payment far child care services delivered; and
- r�coupment of funds paid to the vendor.
� Ci�y wiil terminate this agreement if:
- the vendor loses its license or registration status;
- the vendor is not insured as required.
� City may terminate this agreement if:
- serious corrective or adverse action(s) are tak�n by the state-
licensing agency;
- there are continued non-compliances with statie or local
Iicensing requirements;
- there are continued non-compliances with vendor requir�ments;
or,
- an owner or employee o� the vendor is convicted of fraud.
� The vendor wi11 not receive paymcnt for any child care services
provid�d during any time period not cover�d by:
- a curren� license o:r registration,
- the required amount of liability insurance, or
- a current agreement.
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� The vendor wxll aiso not receive payment for any child eare services
provided for any child an any day xhat the number of children
attending exceeds the Iicense/registered capacity of the facilify.
11. A11 children .must be trea��d fairl� and equitably regardless of race, color,
national origin, age, sex, disability, political beliefs, typ� of �acilz�y or
re�igion. Parent choice will be honored in determining ehild care
arrangements to the extent required by fhe funding source for the parent/child
involved. � '
12. The vendor will comply with Title VI af the Civil Ri.ghts Act of 1964 (Public
Law 88-352}, Seciion 504 of the Rehabilitafion Act of 1973 {Public Law 93-
112), The Americans Disabilities Act of 1990 (Public Law 101-336}, the
Health and Sa�ety Cade Sectian 85.113 (relating to workplace and
conf den�ially guidelines regarding ATDS and HIV), and all amendments to
�ach, and alI requirements imposed� by the regulations issued pursuant to
these acts. Tn addition, the vendor agrees to compl.y with Title 40, Chapter
73, of �he Texas Administrafive Cade. These provide in part fhat na persons
in the United States sha1l, on the grounds of race, color, national origin, sex,
a,ge disability, palitical beliefs or religian be excluded from participation in,
or denied, any aid, care, service or o�her benefits provid�d by federal and/or
sfate funding, or otherw�se be subj ected to discrimination.
The v�ndor will not discriminat� against children with disabilities. Th�
v�ndox wi11 also not discriminate against children wixh AID�S. The vendor
wi11 comply with the Health and 5afety Code Section $5.113 by adopting and
impl�menting HIV/AIDS workplace guidelines for employees and clients; by
providing educational programs for employees and cli�nts; and, by
developing and implem�nting guidelines regarding confidentially of
HIV/AIDS related medical information for employees and clients served.
13 . The v�ndor will comply with the requirement o� the Immigra�ion Reform and
Control Act of 1986 regaxding employment verification and retention o£
verification farms for any individual.s hired on or after November 6, ].987,
who will perform any Iabor or services under this agreement.
14. Th� v�ndor must infozm apprapriate vendor staf� of all rel�vant requirem�nts
in this agreement and the Vendor Manual in order to maintain compliance.
�
Executed this, _ _ _ _ day of _ _ _ � :,� ;_� �,_4�, 2001.
Attest:
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ifiy S�cr ary
Approved �or Form and Legaliiy:
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t ' City A�iorriey �
CITY OF FORT WORTH
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Charles R. Boswell •
Assistant City Manager
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Contrgct �u�ho�i��cion
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flate —_ . , . . _ , . . — . .
J ' es
Pr�sid�nt
Y.M.C.A. af Metropolitan
Fort Worth
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STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
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BEFORE ME, the undersigned aufhority, a Notary Public in and for the State af Texas,
an this day personaily appeared Jerry Pipes, known ta me #a be the person whose name is.
subscribed ta the foregoing instrument and acknowledged to me that the same was the act af
the Y.M.C.A. a# Metropalitan For# Worth a�d that he executed the same as the act af said
Y.M.C.A. of Metropolitan Fo�t Warth #or the pur�ose and considerat�an therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HA�1D AND SEAL OF OFFICE this
� P ,%�N 2pq1.
CAROiiN� SMf1� i
Nofary publfc, Sfate of Texas �
�, My CommissEon Expfres ;
° 11-i 9-2001 -
d V W'�Y �V W'S* V'V Y'r vy �y �
STATE O F TEXAS §� y� Y� v,,
COUNTIES OF TAf�RANT §
AND DENT�N
�� � d ay afi , A. D.
/Vll1 J� + � •
o ary Pu ibl c in an for
the State af Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the 5tate of Texas,
on this day personally appeared Charles R. Boswell, known to me to be the person whose name
is suhscribed to the foregoing instrumer�t and acfcnowfedgeti ta me tha# the same was the act of
the Gity af Fart Wor�h for the purpase and consideration ther�in expressec� and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL QF OFFICE this
��� 20��.
,�r,a� day o# , A.D.
��: �p�. ROS�LLA BARN�S -���''"1-°-'�
�° � nfo�'A�Y Pu��f� ' Notary F'ublic in ar�d far
�,���h st�t� of iexa� ; th� Sta#e of Texas
"�» �� Camm, Exp, 03-31-2005
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C`i�y of `.�o�t bV'orth9 T'exas
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DATE REFERENCE NUMBER LOG NAM�
819101 **��1 ����
� 3TWC
PAG E
1 of 2
SUBJECT ACCEPTANCE OF ADDITIONAL F'UN�ING AND CONTRACTS WITH SERVICE
PROVIDERS FOR THE TEXAS WORKFORCE COMMISSION TITLE VI AT-RISK
CHILD CARE DEVELOPMENT FUND
RECOMMENDATION:
it is recommended that the City Council:
�. Approve the acceptar�ce of grant funds in an amount up to $461,875.00 from the Texas Workforce
Commission (TWC) in state F'Y2001 (Septemb�r 1, 2001, #hrough August 31, 20Q2) af the Title Vl
of #he Persorral ResponsibiEity and Work Opportunity Reconciiiafion Act (PRW�RA) of 1996 for the
Child Care De�efopment Program, and
� 2. Authorize the City Manager fo execu#e contracts with the following organizations to provide
additianal chiId care services, eantingent upon approval and receipt of adequate funding fram t�e
TWC of the Tifile VI Child Care Development Program. All contracts will begin 5eptember 1, 2001,
and expire August 31, 2Q02:
a} YWCA of Meiropofitan Fort Wortf� in a�n amour�t not ta exceed $141,334.OQ; and
b} Claytor� Chi[d Care 5ervices in an amount nat to exceed $56,349.00; and
c) Child Care Associates in an amaunt not to exceed $122,397.OD, and
d) YMCA of Metropolitan Fort Worth in an amount nat to exceed $1 � 3,621.OQ; and
e) Fort Worth Housing Au#harity, for the AMAKA Learning Center in an amount nat tfl exceed
$28,174.�0.
DISCUSSION:
TF�e terms outlined in Title VI of the PRWORA of 1996 for the Child Ca�e De�elopment Program allaws
cities ta use local funds al�ocated to child care services as a match ta access addit9onal federal funds to
provide additional child care services.
For purposes of ihis program, Community Devefopment Black Grant (CDBG) funds are considered �a
be "local funds". Tne amounts requested are determined by a formula based on C�BG funds being
sper�t on At-Ris� Child Care during fihe period September 1, 20a1, thraugh August 31, �002.
The Ciiy wil! participate in this focal in�tiative agreement in collaboration wi#h the TWC in order ta
access $461,875AD in additEonal child care funding for pro�iders ser�ing th� City. 1n this agreement,
the child care providers will receive 10D% reimbursement for services rendered to At-Risk eligible
children from the Child Care Management Systems, not to exceed $461,875.QD.
C'ity o, f'�ort T�Tjorth9 T'eacas
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DATE REF�Fi�NCE NUMB�R LOG NAME PAGE
8191a1 *��o� $S�S 13TWc 2 of 2
SUBJECT ACCEPTANCE OF ADDITIQNA�. FUND[NG AND CONTRACTS WITH 5ERVICE
PROVIDERS FOR THE TEXAS WORKFORCE COMM1SSlON TITLE V1 AT-RISK
CHILD CARE DEVELOPMENT FUND
In this transfer agreement, fhe TWC will reimburse the Child Care Management Sysfem the federal
share (up #o $278,Ofi�4.15), and the City will reimburse the TWC th� local share (up to $183,810.85) of
expenditures. The City will designate up to $183,810.85 of CDBG funding as the local match.
In this lacal initiative agreement with the state, the City wili not be the re�cipient of any federal funds from
the state. The City will use a portion of each child care provider`s CDBG funding to provide the local
ma#ch.
Each agency is responsib�e for tf�� fol[owing amaunts of the focal share:
� YWCA of Metropo[itan Fort Worth in an amount not #o exceed $56,248.20; and
� Clayfon Child Care Services in an amaunt not ta exceed $22,425.QQ; and
• Child Care Associates in an amount not to excee� $48,709.93; and
* YMCA of Metropolitan Fort Worth in an amaunt not tn exceed $45,217.39; and
• Fart Wor�h Housing Authority, for the AMAKA Learning Center in an amount not to exceed
$11,212.30.
FISCAL INFORMATIONICERTiFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
CB:n
Suhmitted far City Manager's
or�c� by:
Charles Boswell
Orlginating Department Head:
$511
I FUND I ACCOUNT I
� (to)
I
CENTER I AMOUN'�'
�
7im Keyes 8517 I (from}
� GR76 I 5391'IO � D93208897490 �$22,425.�2
C1TY SECRETARY
APPROVED 819/Q 1
C'ity o�.�'ort Worth9 T`exas
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DATE REFERENC� NUMBER LOG NAME PAGE
819101 **��� �6g6 13TWC 3 of 2
SUBJECT ACCEPTANCE OF ADDITIONAL FUNDING AND CONTRACTS WITH SERVICE
PROVIDERS FOR THE TEXAS WORKFORCE COMMfSS1�N T1TLE VI AT-RISK
CHIL,D CARE DEVELOPMENT FUND
Additio�al Infor�nation Cantact: � GRi6 539110 413206697480 $45,2� 7.39 �
GR76 5391 T 0 01320fi697450 $56,246.20 �
I GR76 539'110 013248697460 $48,709.93 I
Frank Marrero 7536 I GR76 539110 D13206697470 $11,212.30 I