HomeMy WebLinkAboutContract 27206r.
STATE OF TEXA� §
COu�TTIES OF TARRA1rTT g
AI�ID DEI�TOI+�
�}iY ���RE%4�Y � , , �
��i��'f4ACi �. -� � _s .. .o'
CITY �F F�RT W�RTH PROVIDER AGREEIVIEI�TT
TH�S contract is entered into by and b�tween the City of Fort Worfh ("City "), a
hame-rule municipaliiy in tihe State of Texas, acting through Charles R. Bosvaell, its
duly auihoriz�d Assi�tant City Manager, and Clayton Child Caxe Services
("vendor"), acting through Ms. Frankie McMurrey, its duly authorized Executive
Director. This contract entered into with specific reference to a grant ag�eement
b�tween City a.�zd Texas 'C+Vorkforce Commission ("T'WC"} for the transfer of fund�,
on file with the Sta�e of Texas as Child Care Transfer E�penditures Con�ract,
Uniform Coniract Number 0502CCT003; � Purchase of Service (P4S} Number
0394TQ2 FY02.
The ferm of the con�ract will co�er the time p�riod beginning September 1,
2001 and end August 31, 2002.
Vendor wi�l provid� child car� services for families certified as "At Risk" for
direct child care. At Risk, according to Title "� af the Perso�al Respons�bility and
Work Opportuni�y Reconciliation Act of 1996 (PRWORA) for the Child Care
Development Pragrams, describes families whose parents are working and need
chiid car� to keep thei�r jobs. Their iulcome must be at or below I50% o� Federal
Poverty Income Limit. They must pay a parent fee, based on iheir 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 �utiding �or the Title VI At-Risk Child Care Program of the Texas
Workforce Comrnission. This contract is� subject ta availability of Loca1, S�ate, and
F�deral fund�. If funds are unavailable or reduced, written notice will be given of
termination, payme�t suspensio�, or funding reduction.
V�ndor agrees to provide the Child Care Management 5�stem (CCMS} wiih
the prvper info�nation and docum�ntation to a�low the CCMS ta determine the
eligibility and the proper Unit Rate for each child. CCMS will be responsibie in
chargirig the proper Unit Rate per child. The Unit Rate will be det��s� �h� -
� �� �
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4
rate e�tablished by the Lacal Workforce Developm�nt Board {LWDB). The LWDB
uses the current Child Care Management System (CCMS) Maximu�n Rate for
Tarrant County.
Vendor will receive 100°/a reimbursement for services rendered to At-Risk e�igible
children from Child Care Management System {CCMS), not to exeeed $56,3�9.
The t�rms outlined in Title V'T o£ Personal Responsibility and Work �pportunity
Reconciliation Act of 1996 (PRWORA) fo'x the Child �Care Development Programs
aliow cities to use loca� funds allocated for child . care as a match to access
additional �ederal funds to provide adaitional child care services. For tl�e purposes
of this agreem�nt, Community Development Block Grant {CDBG} will be used as
the local match.
The City will disburse CDBG monies as th� lvcal match in the Amount up to
$22,425 to the Local Workforce Developm�nt Board (LWDB) vn a reimbursement
basis following receipt of a monihly report of certified "At-Risk" children served
from the LWDB. The LWDB wzll xeimburs� the Texas Workf'orce Commission
(TWC) �he local match (39.83%).
T`he City and the vendor further agree to abide by the following terms of this
GOri�aCi, herein referred to as "agreement" or "cont:ract":
l.. Eith.er party may end this agreement immediately if the parties are unabl� or
unwilling to make amendments to the agreement which may become
necessary to continue the agreement because af:
- A change in state or �ederal laws;
- A r�duction rn or exhaus�ion of available state ar fed�ral funds;
- A change in TVL�C or ofih.er requirements.
Any obligations ineurred by either party beforc the termination date of this
agreement must be met. Termination of this agreement does not release the
v�ndor from �he requirement to keep records ar�.d allow aceess ta records �ox
three year� and 90 days.
2. This agreement may b� �anceled by mutual cansent. If �uch rnutual coz�sent
car�ot be attained, the vendor or Gity r�ay give th�rty (30} days writien
notice to �he other party and this agreement shall be terminated upon the
expira�ion of th� thizty (30) day period. This provision does not �ule out
immediate termination allowed in paragraphs I and 2.
3. The vendor will carry a minimum o� $24Q,000 per occurrence of liability
insurance �or the entire time period covered by the agreement. Th� vendor
will indemnify Ci�r �or claims of injury resulting from the v�ndnr's provision
of child care under this agreement.
4. Child care programs administered by independent school districts, including
pre-kindergarten programs, by a stat� college or university or by the federal
government are exempt from the liability insuxance requirements citec� in
paragxaph 4 above (40 TAC § 10.3445}.
5. The vendar accepts as payment in full the approved rate(s) for care and
transportation as described in this agre�ment, for autharized enrollment days,
reduced hy the assess�d parent �ee amount or child care subsidies (where
applicable) and any pxevious overpayment(s),
The vendor accepts as payment in full the au�horized inclusion assistance;
rates reduced by the assessed parent £ee amount or child care subsidies
(where applicable) and any previous o�erpayment(s) as described in this
agr�ement. The vendor is authorized by City to receive additional
reimbursemen� only far individual c�iildren that the City and vendo:r agree
need extra adult assista�ce. The amount a£ the inclusion assistance rate
(15�% or 19�°/n} is based on th� amount of assistance needed and is
determined by City.
6. Th� vendor must comply with applicable locallstate licensing and registratian
requirements.
� The vendor must have a valid license (provisional o�r permanent} or
registration in order io become a vendor.
� The license or registration must be maintained at all times during this
agreemeni.
7. The vendor must have a valid agreement prior to receiving City re�erred
children and will only be paid for deli�vering child care services on or after
��
�he effective date and on or befare the termination daie of the agre�ment. To
be valid:
� This agre�ment must be signed and dated prior to or on the effective
da�e o� the agreement.
� A new agreemen� musi be completed if tk�e vendor receives a new
�icense.
� The agreement may not cover any period of time where the vendor
does not have a valid Iicense or registration such as during the
application phas� thai licensing allows. -
� Th� vendor must be insured as required in paragraph 4(note exception
in �aragraph S}.
S. This agreement authorizes tl�e placement of City of Fort Worth children only
in th.e specific facxlity ai the sp�cific location identifi�d on ihis agreement.
� T�e vendor may no� iransfer the vendox agreement to any other entity,
facility or location.
� The vendor may not mov� City referred children to another facility
without the prior approval and cansent a� �i�ly.
� Th� v�ndar may submit bills vnly for authorized Ciiy re%rired chi�dren
under City authorized conditions.
9, The vendor must in�orm Gity prior to changes in:
- ihe name of t�e �acility;
- ownership, goveming body or corporate sta�us;
- the contact per5on;
- �he location/addreess of the facility;
- the conditions or status of the license or registration;
- sc�eduled holidays;
- hours of ihe pragram;
- ages of ihe children served;
- published rates andlor fees;
- transportation policies;
- liability insurance coverage; or
- any other changes to child care sezvices provided.
S�
� The vendor must inform City immediately of any anticipated changes
that wi�l af�ect the terms of this agreement or �he nature of the child
care services provided.
� Failure to infortn the City about any a£ these changes before their
occurrence may result in adver�e actions againsi the vendor.
� Depending upon the nature of the chang�s, City wili detennine
wheiher a new or amended agreement is required or if only updates to
the Vendor Data Warksheet are necessary.
10. Adverse actions against the vendor include but are not limited to:
- suspension, termination or non-renewal o� the agreement;
- the closing of intake;
- removal of City referred children;
- temporary withholding of payments;
- nan-payment for child care services delivered; and
� recoupment o� �unds pa�d to the vendor.
� City will terminate this agreement if:
- the vendor loses its license ox registration status;
- the v�ndo:r is nat insured as required.
� City may terminate this agreem�nt i�:
-- serious corrective or adve�se action{s} are taken by the �tate-
licensing agency;
- there are continued non-complianc�� with state or loeal
licensing requirements;
- there are con#inued non-compliances with vendor requirements;
or,
- an owner or ernployee of the vendor is convicted of fraud.
• The vendor will not reeeive payment for any child care services
providEd du:ring any time period not cavered by:
- a current license or registration,
- the required amount of liability msurance, or
- a ctt�ent agreement.
-5-
� The vendor will also not receive payment for any child car� services
provided for any child on any day that �hc number of children
attending exceeds the license/registered capacity of the facility.
11. All chiidren must be treated fairly and equitably regardless of race, co�o:r,
na�ional origin, age, sex, disability, political beliefs, type of £acility or
religion. Parent choice will be honored in determining child care
arrangements to th� extent required by the funding source for the par�nt/ch�ld
involved. � "-
12. The vendor will compiy with Title �+TI of the Civi1 Rights Act of 1964 {Public
Law 88-352}, Section 504 of the Rehabilitation Act of 1973 (Public Lavv 93-
112), The Americans Disabilities Act of 1990 (Public Law 101-33b), the
Health and Saf�ty Code Section 85. � 13 (relating to workplace and
canfidentially guidelines regarding AIDS and HIV), and all amendmen�s �Co
each, and all requirements imposed by the regulations issu�d pursuant to
these acts. In addition, the vendor agrees to comply wifh Tit1e 40, Chapter
73, of the Texas Administrative Code. These provide in part that no persons
in th� United States shall, on the grounds o� race, color, national origin, sex,
age disability, political beliefs or religion be excluded from participa�ion in,
or denied, any aid, care, service ar other benefits provided by f�deral andlor
state iunding, or otherwise be subjected to discrimination.
The v�ndar will not discximinate againsf children with disabilities. The
v�ndor will also not discriminate against chi�dren with AIDS. The v�ndor
wi11 comply with the Health and Sa�ety Code Sect�on $5.113 by adopting and
implementing HIV/AIDS workplace guidelines for employees and clients; by
prav�ding educational programs for employe�s and clients; and, by
developing and implementing guidelines xegarding confidentially of
HIV/AIDS related medi.cal information for employees and clients served.
13. The vendor wi11 comply wit�i the requirement of the Immigration Reform and
Con�rol Act of 198b regarding employment verification and retention of
verification forms for any �ndividuals hired on or afte:r November 6, 19$7,
who will perform any labor or services under this agreement.
14. The vendor must inform appropriat� vendor sta�f of all relevant requirements
in th�s agreement and the Vendor Manual in order to rnaintain compliance.
�
-., ► . '
Executed this •.�- day of � ., _ _ __ ,_ �, , 2a01.
Attest: CITY OF FORT WQRTH
�
, C, ;,�;. �'�_ _ „ .�
Cit���Secretary
. ��;,,u.1�'e`
Charles R. Bosweil
Assistant City Manager
Appxoved for Form and Le _
+� -,� �� _ ` _
� " _ _ ' � '-- �a '�
, City A�'torney "
_ � .
' _ ` �w.:�. •� ..�j i . --
�on�g��t P�a�&asi��tion
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.r . . � . /
D��� ' � , ., _ , . ,. ,--
. �
Frankie McMurre�
Y
Executive Dir�ctoz�
Clayion Child Care
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STATE O� TEXAS
COUNTIES OF TARRANT
AND DENTON
�
�
BEFORE ME, the undersignecE authority, a Notary Public in and far fhe State of Texas,
nn this day persanally appeared Frankie McMurrey, known to me to be the persan whose narrm�
is subscribed to ihe foregoing instrument and acknowl�dged to me that the same was the act of
the Clayton Child Care Services and that she exec�ted the same as the act of said Clay�on Ghild
Care Senrices for the pur�ose and consideraiion thereirt expressed and in the capacity tharein
stateci.
GIVEN UNDER MY HAND AN� SEA[. �F OFFICE this
��ft�.CcQ.� 2q�1.
STATE O� TEXAS §
COUNTiES OF TARRANT §
AND DENT�N
�7� day of , A.D.
� �/'� �,�
' Nota�ub il'c in and for
the 5tate af Texas
,. -,;�;�„�' '
:�i� '�, PATRICIA 5. IL£5 �
:*: •*`- MY COMMI55lON EXI'IRES
�.,�'�� z April 12, 2UO3 _,
�:�'t;�� ,�
.. ...�.� �. ,�,.�. �—
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
an this day personally appeared Charles R. Boswell, known to me to be th� person whos� name
is subscribed to the foregoing instrument and acknowledged ta fne that the same was tne act af
the City af �'ort Warth far fhe purpose and cor�sideratian iherein expressed and in th� ca�acity
therein stated. �
GNEN UNDER MY HAND AND SEA� OF OF'F10E this �`�� day Qf , A.D.
� j 20[31.
ry
�YA� ROSEL�AQARN�S �����,
zo �n : Notary Public in and far
NOiARY {�U�L1C the 5tate of Texas
`� � St�te of 7sxas
�° �� � Comm. Exp, 03-31-2005
n li 1� 1� •�• li i.��� � i 1 i� n 1� t�'�1��q
���
C'it� of'�'o�t ;�o�h9 T'exa�
����° ��t� _�un�i! �o�r�r��rc�r�iar�
�
DATE REFER�NCE NllMBER LOG NAM� !'AG�
819101 ����1 ��g6 � 13T1NC 1 af 2
SUBJECT ACCEPTANCE OF ADDITIONAL FUNDING AND C�NTRACTS WfTH SERViCE
PROViDERS FOR THE TEXAS WORKF'ORCE COMMISSION TiTLE VI AT-RISK
CHl�D CARE DEVELOPMENT FUND
RECOMMENDATl�N:
It is recammended that the City Co�ncil:
1. Approve the accep#ance of grartt funds in an amount u� fio $461,87'S.00 from the Texas Workforce
Commission (7WC} in state FY2001 (September 1, 2001, through August 31, 2002) of the Title V!
of the Personal Res�onsibility and Work O�portunity Recanciliation Act {PRWORA} of 1996 for the
Chil� Care'De�elopment Program; and
2. Autfi�orize the City Manager to execute contracts with the following organizations to provide
additionai child care services, co�tingent upon approval and receipt of adequate funding from the
TWC of the Title VI Chi1d Care Development Program. A11 coniracts wilf begin 5eptember 1, 20Q1,
and expire August 31, �Q02: �
aj YWCA of Metropolitan Fort Worth in an amount not to exc�ed $141,334.00; and
��
c}
d)
�la�y#or� �F+il� �.a�� S.�arui�e� ln �r� �f'.'�vt�t't �t3t $� ex�e�ti $��4�.�0� a�d
Child Care Associates in an amou�# nat ta exceed $122,397.0�; and
YMCA of Me�rapolitan Fort Worth in a� amount not to exceed $� 93,62� .OD; and
e) Fort Warth Housing Authority, for the AMAKA L.earning Center in an amount no� io exceed
$2�,174.00. �
DISCUSSION:
The terms outlined in Title VI of the PRVIIORA of 1996 for the Chi1d Care Development Program allows
cities to use local funds allocated to chil� care services as a match io access additional fed�ra! funds to
provide additional child care senrices. '
For purposes of this program, Community De�elo�men# Bloc� Grant (CDBG) funds are considered to
be "local #unds". The amounts request�d are determined by a formula based on CDBG funds being
spen� on At��is�t Child Care �uring the period September 1, 2001, fihrough August 31, 20fl2.
The City will participate in this local initiative agreement in coliaboration with the TWC in order to
access $461,875.0� in additional child care funding for providers serving the City. In .this agreement,
the child care pro�iders wEll receive 100% reimbursement #or services r�ndered to Afi-Risk eligible
children f�om the Child Care Management Syst�ms,.not to exceed $469,875.00.
�`ity vf �ori �orih9 T'exas
a���� �n� ��u��t�l �c��r�u�����i�n
DA7� REF�RENGE NUMBER LOG NAME PAGE .
8f9109 **��� $69S � 13TWC � 2 of 2
SUBJECT ACCEPTANCE OF ADD]TlONAl. FUNDING AND CONTRACTS W1TH SERVICE
PROVIDERS FaR THE TEXAS WORKF�RCE COMM15SiON TITLE VI AT-RISK
CHILD CARE DEVEL�PMENT �UND _ _
!n this fransfer agreement, the TWC will reim��rse the Chiid Care Mar�agement System the federal
share (up to $278,064.15), and the City will reimburse the TWC the local share (up to $'�$3,810.85) of
expenditures. The City wi�l designate �p to $183,$10.85 af CDBG fundir�g as t�e lacal ma#ch.
]n tt�is local initiative agreement with the stafe, the City will nof be the recipieni of ar�y federal funds from
t�� state. The C�ty wilf use a�ortion of each ci�ild care pravid�r"s CDBG funding ta provi�e the local
match.
Each ac��ncy is responsible for the follawing amo�tnts of the local snare:
�
�
.
�
YWCA o# Metropalitan Fort Worth in an amount nat to exceed $56,246.2Q; and
Clayton Child Gare Services in ar� amount not io �xceed $22,�25.00; and
Child Gare Associates in an amnunt nat to exceed $48,709.93; and
YMCA of Metropolitan Fort Wo�Eh in an amount not to exceed $�5,217.39; and
� Fort Worth Housing Authority, for the AMAKA Leaming Cer�ter in an amnur�t not ta exceed
$� 1,212.30.
FISCAL INFORMATIONlCERTIF'ICATiQN:
The Financ� Direc#or certifies thai funds are available in the current operating budget, as apprapriated,
of the Grants Fund.
CB:n
SUbmitted for City Manager's
�ffice by:
Charles Boswell
Ori�inattng Department Head:
Jim Keyes
Additianal Informatioa Cantact:
I FUN� � ACCOUNT I CEN7'�R � AMDLJNT
� {to}
�
$511 I
8517
Frank Marrero , 7536
�
(from}
GR76
GR76
� GR76
� GR78
I G��rs
539910
539110
539114
539110
5391 'I 0
013206597490
0132066�7480
01320fi$97450
0932fl6697460
013206697�470
1
_�
$22,425.02 �
$45,29 7.39
$56,246.2Q �
$48,709.93 �
$11,212.30 �
CI"I'Y SECRETARY
AP�R4�1�D
CITY C���l�1�,
AI�G 9 Z�at
,�u�����
City 5acrefary oi t}►e
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