HomeMy WebLinkAboutContract 27212c�TY �����ra�� .� � i
CONTRR�T PV� . ' -
�TATE OF TEXA� §
COUIiTTIES OF TARRAI�T �
AND D��TTOl�
CYTY �F FORT WOR'�� PROVIDER AGREEIVIEI�T
THIS contracf is entered into by and between the City of Fort Worth ("City "), a
home-rule muni.cipality in the 5tate o� Texas, acting through Charles R. Bosw�ll, iis
duly authorized Assistant City Manager, az�d Fort �Torth Housing Autharity
("vendor"}, acting through Ms. Baxbara Holston, its duly autharized Executive
Director. This cantraet entered into with specific refer�nce to a grant agreement
between City and Texas Workforca Commission ("TWC"} for th� �ransfer of funds,
on file with �he State of Texas as Child Care Transfer Expendituares Contract,
Uniform Contract Number OSQ2CGT003; Pu�rchase a� Service (POS) Number
03094Tt}2 FY02.
The term of the contract will cover the time period beginning September 1,
200� and �nd August 31, ZQ02.
Vendor vvzll pro�ride child care services for families certified as "At Risk" �or
direct child care. At Risk, according to Title VT of the Personal R�sponsibility and
Work Oppartunity Reconciliation Act of 1996 (PRW�RA) �or �lie Child Care
Development Pxograms, describes families whose parents are working and need
child care to keep their jobs. Their income must be at or below 150% of Federal
Poverty Incame Limit. They must pay a parent fee, based on their incorne and they
must not b� r�ceiving Aid to Families with I]eper�derit Children (AFDC}.
Vendor agree� to provide services, coniingent upon approval and receipti af
ad�quate funding for the Title VI A.t-R.isk Child Care Pragxam of �he T"exas
Warkforce Comixa�ssion. This cantract is subject to availabi�ity of Local, State, and
Federal funds. If funds are unavailable or reduced, written notice wiil be given of
termination, payment suspension, or funding reduc�ion.
Vendor agrees to provide the Child Care Management Syst�m (CCM5) with
the prvper information and documenta.tion to allow the CC1V�S to determine th�
eligibility and the pxaper �Tnit Rate for each child. CCMS will be responsible in
charging the proper Unit Rate per child. The Unit Rate will be de�ermined by the _
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rate established by the Local Woxk�orce Development Boaxd {LWDB). The LWDB
us�s the current Child Care Management System �CCMS) Maximum Rate for
Tarrant County.
Vendor wil� recei�e X OD% reimbursement �or ser�ices rendered to At-Risk
eligib�e children from Child Care Management System (CCMS), not to exceed
$28,174.
�'he terms outlined in Tstle VY o� Personal� �Responsibility and Work
Opportunity Reconciliation Act af 1996 (PRWORA) for the Chiid Care
Dev��opmen� Programs allow cities �o use local funds allocated �or child care as a
match to access additional f�deral funds to provide additional child care services.
Fox the purpases c�f ihis agreement, Community Develapment BlocJ.� Grant (CDBG)
will be used as �he local match.
The Ciiy w�ll disbu�rse. CDBG znanies'as the local match in the Amount up to
$11,212.30 to the Local Workforce Development Board (LWDBj on a
reimbursement basis following receipt o� a monthly xeport of certified "At-Risk"
children served fxom the LWDB. The LWDB will reamburs� �e Texas Workforce
Commzssion (TWC) the local match (39.$3%).
The City axid the vendor furth�r agree to abide by the following terms of this
contracti, herein re�erred to as "agreement" or "contrac�":
1. Either paYty may end this agreement immediately if the parties are unabl� or
unwilling to make atn�ndments ta �he agreement which may b�come
necessary to eontinu� �he agreement because of
- A change in state ox federal laws;
- A reduction in or exhausiion of available state or federal funds;
- A change in TWC or other requi;rements.
Any obligations incurred by either party befo:re the termination date o� this
agreement must be met. Terminatian of #his agreement daes not release the
vendor from the requirement to keep re�ords and allow access to records for
three years and 90 days.
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2. Thzs'agreement may be canceied by mutual consent. If such mutual consent
cannot be attained, the vendor or City may gi�e thixty (30) days written
notice to the other party and this agreement shall be �erminated upon the
expiration of the thirty (30} day period. This provision does nat rule out
immediate termination allowed in paragraphs � and 2.
3. The vendor will carry a zninimum af $20a,Q00 per o�currence of liability
insuraz�ce for the eniire time period cvv�red by the agreernent. The vendor
will indem�ify City for claims o� injury resulting from the vendor's �arovision
of child care under this agreement.
4. Child care pragrams administered by independent school districts, including
pre-kindergarten programs, by a state college or uni�ersity or by the federal
government are exempt from the liability, insurar�ce requirements cited in
paragraph 4 abav� (40 TAC § 10.3445). �
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5. The vendor accepts as payment in full the approved rate{s} for care and
transportation as described in �his agreement, for autharized enrollm�nt days,
reduccd by the assessed parent fee amount or chzld care subsidies (where
app�icable) and any previous overpayment(s).
The vendar accepts as paymen� i�n full the authorized inclusion assistance
rates reduced by the as�essed parent fee amount or child care subsidies
(where applicable} and any previou� overpayment(s) as describcd in this
agr�ement. The . vendor is authorized by City to receive additional
r���bursement only for individual children that the City and vendor agr�e
need e�ra adult assistance. The amount of flie inclusion assis�ance rate
(150% or 19Q%) is based on the amount of assis�ance needed and is
determined by City.
6. The vendor must comply with applicable lacal/state licensing and registration
r�quirements.
� T�e v�ndor must have a valid Iicense (provisional or permanent) o�
registration in arder fo becomc a vendor.
� The license or registration must be mainiained at all times during thi�
agreement.
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7. The vendor must hav'e a valid agreemen� prior to receiving City re�erred
children and wi11 onl� be paid �ar delivering child care services on or after
the effeetive date and on or before the termination date of th� agreement. To
be val�d:
� This agreement must be signed and dated prior to or on the ef�'ective
date af the agireement.
� A new agreement mus� be completed ii the vendor rec�ives a new
license.
� The ag�eement may not ca�er any period of �ime where fhe vendor
does not have a valid license or registration such as during the
applicafion phase tha� licensing allows.
• The v�ndor must be insured as required in pa�ragraph 4{note exceptian
in paragraph 5).
S. This agreement auihorizes the placemant o�City o�Fort Worth children only
in tl�e specific facility at tha specific loeation identif ed on this agreement,
� The vendor may not transfer the vendar agreement to any other entity,
�Eacility or location.
• The �endor may not move City �referred children to another facility
wi'rhout the prior approval and consent of Cit}�.
� The vendor may subm.it bills only for authorized City referred children
under City authorized condi�ions.
9. The vendor must infarm City priar ta changes in:
� the name vf the facility;
- ownership, governing body ox corporaie status;
- the contact p�rson;
- the lacationladdress of the facility;
- the conditions or status of the license or registxation;
- scheduled hoiidays;
- hours of the program;
- ag�s v� the c�.ildren s�rved;
- published rates ar�d/ar fees;
- transportation �olicies;
- liability insurance coverage; or
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- any other changes to child eare services pravided.
• The vendor must inform City immediately of any a.nticipated changes
thai wil� affect the terms of this agreernent or the nature of the child
care services provided.
�_ Failu7re to infoxm the City about any of these changes before their
occurrence may result in adverse actions against the v��dor.
�. Ueper�ding upon the nature , of ihe changes, City will determine
whether a new or amended agreement is required or if only updates to
�he Vendor Data Worksheet are n�cessary.
10. Adverse actions against the vendor includ� but are not limited to:
- suspension, tennination or non-renewal of the agreemen�;
- the closing of intak�;
� removal of City r�ferred children,
- temporary withholding of payments;
- non-payment for chi�d car� services delivered; and
- recoupment of funds paid to th� vendor.
� City will terminate this agreement if
- th� vendor loses its license or r�gistration status;
- the vendor is not insured as required.
� City may terminate this agreement if;
- seriaus corrective or adverse action(s) are taken by the state-
licensing agency;
- there are continued non-com�liances with sta�e ar local
licensing requirements;
- there are cantinued nan-compliances with vendor requirements;
or,
- an owner or employ�� of fhe vendor is convicted of fraud.
� Th� vendor will not receive payment for any child care servic�s
provided during any time period nat covexed by:
- a cur�rent license or registration,
- the required amount of liability insurance, ax
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- a current agreement.
� The vendor �vill also not receive payment for any child care services
pravided for any child on any day that the nu�nber of childr�n
at�ending exceeds ihe license/regisiered capacity of the facility.
� 1. A�1 chzldren must be treated fairly and equitably regardless o� race, color,
national. origin, age, sex, disability, political beliefs, �rpe of facility or
religion. Parent choic� will be � hor�ored in determining child� �care
arrangem�nfs to the �xtent required by the funding souree for the parent/child
invol�ed.
12. The v�ndor will comply with Tit1e VI of the Civil Rights Act of 19b4 {Public
Law 88-352), Section 504 of the Rehabilita#ion Act of 1973 (Public Law 93-
112), Th� .,Americans Disabilities Act of 199D (Public Law 101-336}, the
Health and Safety Code S�ction� '85.113 {relating to workplace and
confideniially guidelines regarding AiDS and HIV}, and a11 amendments to
each, and all requirements imposed by the regulations issued pursuant to
these acts. In acldition, ih� vendor agre�s io comply with Title 40, Chapter
73, of the Texas Adminis�rative Code. These provide in part �hat no p�rsons
in the Uruted Sta�es shall, on the grounds of' race, color, national o�igin, sex,
age disability, political belie�s or religion be excluded from partieipatio� in,
o�r denied, any aid, care, service ox other benefits provided by federal and/or
sta.�e fiznding, or o�herwise b� subj�cted to discrimina�ion.
The vendor will not discruninate against children with disabilities. The
vendor will also not discriminate against children with AIDS. The vendor
wi11 comply wiih the Healtb and Saf�ty Code Section 85.113 by adopting and
implementing HIV/AIDS workplace guidelines for employees and c�ients; by
providing educaiional p;rograms for emplQyees and clients; and, by
developing and implementing guidelin�s regardiz�g confidentially of
HIV/AIDS related medical information for employees and clients served.
13. The vendor will comply with �he requirem.ent of the Immigration Refo�-tn and
Control Act of 1986 regarding employment verification and retention o�
verification farrns for any indivxduals hired on or after November b, 1987,
who will perfo�tn any labor or services under thzs agreement.
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14. Th� vendor must inform appropriate vendor sta�f at� al� relevant requirements
in this agreement and the Vendor Manual in order to maintain compliance.
Executed �his ���_ day of �* ' y�,�_ .' , 2001.
Attest:
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Ci� S�C�'��
� TY OF FORT WORTH
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Approved for Form and Legality:
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City �ttorney
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Charles R. Boswell
Assistant City Manager
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con��r�c� Au�.hori�a���n .
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Barbara Hvlston
Executi�e Directvr
Fort Worth Housing
Authority
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STATE OF TEXAS
COUNTIES OF TARRANT
AND D�NTQN
BE�ORE ME, the undersigned authority, a Notary Publie in and i�r the State of Texas,
on this day personally appeared Barbara Hoistor�, kr�own to me to be the person whose name is
subscribed to the foregoir�g instrument and acicnowledged to me that the same was #he act of
the �art Wortf� Housing Autharity and that she execut�d the same as t�e act af said Fart Worth
Housing Authority for the pur�ose and considerafion therein expr�ssed�and in the capacity
therein stateel.
GIVEN UNDER MY HAND AND SEAL OF OF�ICE this
` . 2Q01.
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=�a�y�'?�;; EUAC.K@Y �
'*' "� N+YCOMMlSSIONEXPIRES
"*�. �` AuguSt 12, 20�5
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STATE OF TEXAS
CQUNTIES �F TARRANT
AND �ENTON
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No#ary u�fic in an o
th� State of Texas
BEF�RE ME, the undersign�d authority, a Notary Public in and for the State of Texas,
on this day personally appeared Chafles R. Baswell, [cnown to me to t�e the person wY�ose name
is subscribed ta the foregoing instrument and acknawledg�d to rne that tne same was the act af
the City of Fori Warth for the purpose and cansideration therei� �xpressed ar�d in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL DF O�FICE this
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c
� day of , A.D.
�r`���pYP��� �os��.��A��u�s : ��-.�.�e�.�.,��.�,�
NOTARYF�U�61� Notary Public in and far
�9���� j Stata of 7Ax�� ;
�� Comm. Exp, 03-31-�d�� � the State af Texas
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��t�y of �ori Wo�th, T'exas
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DATE - REF�RENCE NUMBER LOG NAM� PAGE �
819101 **�.�� ��96 � 'i 3TWc ` 1 of 2
SUBJECT ACCEPTANCE OF ADDiTI�NAL FUNDfNG AND C�NTRACTS WITH SERVICE
� PROVIDERS FOR THE TEXAS WORK�ORCE COMM�S510N TITLE VI AT-RlSK
CHILD CARE DEVEL�PMENT FIJND
R�COMMENDATION:
It is recommended that the City Council:
1. Approve ihe acceptance of grant funds in an amount up to $461,8fi5.D0 from the Texas Workforce
Commission (TWC) in state FY2Q01 (September 1, 2001, through August 31, 2002} of the Title VI
of the Personal Responsibility and Work Op�ortunity Reconciliation Act (PRWORA} of 1995 fvr the
Child CaYe Devefapment Pragram; and
2. Authorize the City Manager #o execute contracts with the folfowing organizations to provide
additional child care s�rvEces, contingent upon approval and receipt of adequate funding from the
TVIIC of the Title VI Child Care Development Pragram. All contracts will begin September 1, 2001,
and expire A�gust 31, 20Q2:
a) YWCA af Metropolitan Fo�t Worth in an amaunt not fio exceed $141,334.00; and
b)
c)
Clayton Chifd Care Services in an amount not to exceed $56,349.OQ; ant4
Child Care Associafes in an amount not ta exceed $122,397.00; and
d} YMCA of Me�ropolitan Fart Warth in an amount nat to exceed $113,621.00; and
e) Fort Warth Ho�sing Authority, for the AMAKA Learning Center in an amount not to exceed
$28,174.00. � .
DISCUSSiON:
`fhe terms outlin�d in Title VI of the PRWORA of 1996 for the Chifd Care Developmeni P�ogram allaws
c�ties #o use local funds allocated ta child care services as a match to access additianal �ederal funds #o .
provide additionaf child care s�rviees.
�'or purposes of this program, Community De�elopment Block Grant {CDBG} funds are considered to
be `"local funds". i'he amounts requested are determined by a formula based on CDBG fuRds beir�g
spent on At�Risk� Child Care during the period Se�tember 1, 2001, through August 3'l, 2002.
The City will participat� in this locai initiative agreement ir� collaboration with the TWC in order fo
access $�461,875A0 in additional child care fUnding for praviders serving the City. ln #his agreemen#,
the child care providers will recei�e 100% reimbursemen# for services rendered to At-Risk eligible
children fram the Child Care Management Systems, noi to exceed $461,875.0�.
City vf �ori �a�h, T"exas
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DATE REFERENCE NUMRER LOG NAME PAG�
8191Q1 '�*��9$696 + 'E3TWC I 2 of 2
sueJECT ACCEPTANCE OF ADDITIONAL FUNDfNG AI�D C�NTRACTS WITH SERVICE
Pl�OVIDERS FOR THE TEXAS WORKFORCE COMMISS�ON TITL� VI AT-R1SK
CHfRD CARE DEVELOPNiENT FUND �
ln this trar�sfer agre�ment, the TWC wi�l reimburse the Child Care Management System the federal
share (up to $278,464.95), and the City wiil reimburse th� TWC the bcal share (up to $183,�10.85) nf
expenditures. The City will desighate up to $� 83,810.85 of CDBG #unding as the local match.
In this laca[ initiati�e agreement with the state, ths City will not be the recipier�t of any federal funds from
the state. Th� City will use a portion �f each child care provider's CDBG funding to pro�ide the local
match.
Each agency is res�onsible for the tollowing amounts of tf�e local share:
� YWCA of Metropalitan Fort Worth in an amot�nt not to exceed $56,246.20; and
o Clay#on Child Care 5ervi�es in an amount not to exceed $22,425.00; anc!
� Child Care Associates ir� an amount not to exceed $48,709.93; and
� YMCA af Metropolitan Fort W�rth in an amount no# to exceed $45,2� i.39, and
� Fort Vllort� Housing Au#hority, for the AMAKA Learning Center in an amount nat to exceed
$11,212.3�.
FISCAL INFORMATION/GERTIFIGATION:
The �inance pirector certifies t�at funds are avaifable in th� eurrent aperating budget, as appropriated,
of the Grants Fund.
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Submitted for City Manager's
Oftice by:
Charles Baswell
�z'iginatin� Department Head:
Jim Keyes
Additfonal Information Cautact:
Frank Marrcro
I FUND I ACCOUNT
� (to)
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8511 I
�
�
8517 � (fram)
� GR76
GR76
� GRl6
GR76
7536 GR76
C�NTER I AMOUNT
539�1a 013206697490
53991Q � Q13206697484 '
5�9110 U932Q6697460
53911Q 0132Q6697460
539110 01320fi897470
$22,425.02
$45,217.39
$5s,24s.2a
$48,705.93
$11,21 Z.30
CITY SECREi'ARY
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C1�Y COU�lG1L
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City Sacret�ry af tho
City af Fo�t �Vorth. T�aas