HomeMy WebLinkAboutContract 27182(�Y �E�R�iRR�f - ,
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STATE �F TE�� §
COUNTIE� OF TARRAl�T §
A1�TI) DEll7TOliT
CYTY OF FQRT WORTH PROVIDER AGREEMEI�TT
THI� contract is entered into by and �etween �.ie City of Fort Worth ("City "), a
home-rule municipality in th� State of Texas, acting through Charles R. Boswell, lt5
duly au�horized Assis�ant City Manager, and Y.W.C.A. of Fort Worth and Tarrant
County ("vendor"), acting through Ms. Judi V. Bishop, its duly authorized
Executive Direc�or. This contrac� entered into wi�h specific r�ference to a grant
agreernent between City and Texas Workforce Commission ("TWC") for the
transfer of funds, on file with the State of Texas as Child Care Transfer
Expendituzes Contract, Uniform Contract Number 0502CCT003; Purchase of
Service {POS) Number 03090T02 FYQ2.
The term of the contract wi11 cover the time period beginning S�ptember 1,
2001 and end August 31, 2002.
Vendor will provide cliild care services for families certified as "At Risk" for
direct child care. At Risk, accordxng to Ti�le V� of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 {PRWORA) for the Child Care
Development Programs, describ�s families whose parents are working and need
child care to keep the�r jobs. Their income must be at or below 150% of Federal
Poverty Income Limit. They must pay a parent fee, based on th�ir income and tihey
must noi be receiving Aid to Families with Dependent Children {AFDC).
Vendar agrees to provide sez�vices, contingent upan approval and raceipt of
adequate funding for the Title VI At-Risk Child Care P:rogra.m of the Texas
Work�orc� Commission. This coniract is subject to availability of Local, 5tate, and
Federal funds. �i fiinds are unavailable or reduced, written notice will be giv�n of
termina�ion, payment suspensian, or funding reduction.
Vendor agrees to provide the Child Care Managemen� System {CCMS) with
the proper info:rmation and documentation �o allow the CCMS to determine the
eligibility and the proper Unit Rate for each child. CCMS will be responsible in
charging #he p�roper Unit Ra�e per chi�d. The Unit Rate wi11 be determined by the
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rate established by the Local Workforce Development Board (LWDB). The LWDB
uses the cutr�nt Child Ca.re Management System {CCMS) Ma�imum Rate for
Tarrani County,
Vendor will xeceive 1 Q4% reunbursement for services rendered to A�-Risk eligible
children from CYuld Care Management System (CCMS), no� to exceed $141,334.
The terms outlined in Ti�1e VI of Persanal Responsibility and Work �pportunity
Reconciliation Act of 1996 (PRWORA) for the Child Care D�velopment Programs
allow cities to use loca� funds allocated for child care as a match to access
additional federal funds to provide additi.onal child care services. For the purposes
of this agreement, Community Development Block Grant (CDBG) will be us�d as
the local match.
The CiLy wi11 disburse CDBG monies as #he local matcli in the Amount up to
$56,246 to the Local Workforce Development Board (LWDB) on a reimbursement
basis �ollowing receipt o� a monthly report of certified "A�-Risk" childre:n served
from the LWDB. The LWDB will reimbuxse the Texas Workforce Commission
(TWC) the local match (39.83%).
The City and the vendor furth� agree to abide by the following terms o� this
contract, herein referred to as "agreement" ox "contract":
1. Either party may end this agreement immediately if the parties are unable or
unwilling to make amendrnenis ta the agreement which may become
necessary to coniinue the agr�ement because of:
-� A chang� in state or federal laws;
� A reduction in or e�aaustion of available state or federal funds;
- A change in TWC or other requirements.
1�ny obligations incurred by ei�her paxty be�ore the ternunation date of this
agr�emen� must be met. Termination of this agreement does not relea�e the
vendor from the requirement to keep records and allow access ta �ecoxds for
thre� yeaxs and 9� days,
2. This agr�ement may be canc��ed 6y mutua� consent. If �uch mutual consent
cannot be attained, the vendor or City may give thirty (30) days wri�ten
notice to the other party and this agreement shaI1 be terminat�d upon the
expiration of the thirCy {30) day period. This prvvision does not rule out
immediate termination allowed in paragraph� 1 and 2.
3. The vendor will carry a mini.mum of $200,OOD per occurrence of liability
insurance �ar �he �ntire time period covered by the agreement. The vendor
will indemnify City for claim� of injury resulting from the vendor's pxovision
of child care under this agreement.
4. Child care programs admi�tlisfiered by independent school di�tricts, including
pre-kindergarien programs, by a state college or univer�ity or by �he fed�ral
government are exempt from ihe liability insurance requirements cited in
paragraph 4 above (40 TAC § 10.3445}.
5. The vendor accepts as payment in fu11 the approved rate(s) for care and
�ransportatian as describ�d in this agreement, for authorized enrollment days,
r�duced by the assessed pa;rent fee amount or child care subsidies (where
applicable) and any prevfous overpaym�nt�s).
The vendor accepts as paymeni in �ull the authorized inclusion assistanc�
rates reduced by the assessed parent fee amount or chi�d care subsidies
(wh�re applicable) and any previous overpayment(s) as described in this
agreement. The vendor is authorized by City io receive additional
reimbur�ement only for individual children fihat �h.e City and vendor agree
ne�d extra adult assistance. The �nount o� the inclusion a�sisiance rate
(150% or 190%} is based on the amount of assistance needed and is
determined by City.
6. The vendor must comp�y with applicable locallsta�e licensing and registraiion
requirements.
• The v�ndor must have a valid licens� (pro�isional or permanent) or
registration in oxder to become a vendor.
* The license or regist�ration must be maintained at a11 �imes during this
agreement.
7. The vendor must have a valid agreem�nt prio;r to receiving City referred
children and will only be paid for delivering child care services on or af�e;r
-3-
the effective date and on or before the terminaiion date of the agreement. To
be valid;
� This agreem�nt must be signed and dated prio�r to or on the effective
date of the agreement.
� A new agreement must b� completed if �he vendor receives a new
license.
� The agreement may not cover any period of time where the vendor
does not have a val�d license or registration su�� as during the
application phase that iicensing a11ow�.
• The vendor mus� be insured as requir�ed in paragraph 4(note exception
in paragraph 5}.
S. This agreexnent autho�izes the placement of City of Fort Worth children anly
in the specific facility at the specific �ocatian identified on this agreement.
� The vendor may not transfer the vendor agreement io any o�er en�ity,
�'aeility or location.
� The vendor may nvt move C�ty refe�red children to another facility
without the p�ior approval and consenf of City.
� The vendor may submit bills only for authorized City referred children
under City authorized conditions.
9. The vendor must inform City p�rior to changes in:
- �he name of the facility;
- ownership, gavernzng body ar co�poxate status;
- th� contact person;
- the location/addre,ss o�E �he facility;
- the condition� or siatus of ihe license or registrata.on;
- scheduled holidays;
- hours of the program;
- ages of the children served;
- published rates andlor fe�s;
- transportation policies;
- liabiJ ity insurance coverage; or
- any other changes to child care services provided.
-4-
� The vendor rnusi inform City immediately of any anticipated changes
�hat will af�ect �h� terms of this agreement or the nature of the child
care services provided.
� Failure to inform the City abaut �ny of these changes before their
occurrence may result in adverse actions against the vendor.
� Depending upon the nature of the changes, City will determine
whether a new or amended agreement is required or if only updates to
the Vendar Data Worksheet are necessary.
10. Adverse actions against the vendox include but axe not limited to:
- suspension, termination or non-renewal of the agreement;
- th� closing of in�al�e;
- removal of City referred children;
- t�mporary withholding vf payments;
- non-payment fo� ehild care s�rvices delivered; and
- recoupment of funds paid to the vendar.
p Ci�.y wi11 termina�e this agreement if:
- the vendor Ioses its license ox registration status;
- th� vendor is not insured as required.
� City may terminate this agreement if:
- serious corrective or adverse action(s) are taken by the sta�e-
licensing agency;
� there are continued non-compliances with stat� or local
lic�nsing requirements;
- there are continued non-compliances with vendor requirements;
or,
- an owne� or employee of the vendor is convic�ed of fraud.
� The vendor will not receive payment for any child care services
provided during any tim� p�riod not covered by:
- a current license or registration,
- the requirced amount of liability insurance, or
� - a current agreement.
-5-
� The vendor will also not receive payment for any child care servic�s
provided for any child on any day that the number of children
attending exceeds the licc�nse/registered capacity of tbe facility.
11. All c�iildren mus� be �rea�ed fairly and equitably regardless of race, color,
national origin, age, sex, disability, political beliefs, type of faciTity or
religion. Parent choice will be honored in de�ermining child care
arrang�ments to the extent �equired by the funding source for the parent/c�ild
involved.
12. The vendor will comply wiih Tiile VI of the Civi.l Rights Act of 1964 (Public
Law 88-352), Section 504 o�the Rehabilitation Act of 1973 {Public Law 93-
112), Thc Americans Disabilities Act of 1990 (Public Law 101-336), fhe
Health and Safety Code Sectian 85.113 (relating io wvrkplaee and
confidentialiy guidelines rega.rding AID� and HIV), and alI amendments to
each, and all requirements imposed by the regulations issued pursuant to
�hese acts. In addition, the vendor agrees to comply v�ith Title 40, Chapter
73, of the Texas Adminis�rative Code. These provide in part that no persons
in the United States sha1l, on the grounds of race, coIor, national origin, sex,
age disability, pvlitical beliefs or r�ligion be excluded from participation in,
or denied, any aid, care, service ar other benefits provided by federal and/or
state funding, or oihexwise be subjected to discrimination_
The vendor will nat di�criminate against children with disabiliti�s. The
vendor will a.Iso not discriminate against children with AID5. The vendor
wiil comply with �he Health and Sa�ety Code Section 85. i 13 by adopting and
implementing HIV/AIDS wor��place guidelines for employees and clients, by
providing educational programs for emplayees and clients; and, by
developing and implementing guidelines regarding conf dentially of
HIVIAID� related medical information for employees and cli�nts served.
13. The vendor will compl� with �he requirement o�fhe Immigratior� Refortn and
Control Act of 1986 regarding employment �erification and retention of
verification forms for any individuals hired on or after November 6, 1987,
who will p�rform any labor or services under this agreement.
14. The vendor must inform appropriate vendor staff of a11 relevant requirements
i.n this agreement and the Vendor M�nual in order to maintain compliance.
�
Executed this � ,�' day of _ _ � _
A�test:
� . �� . �
. �.
� � .� r/.� � ril Jr
City S�cr ta,�y
Appxoved for Form and Legality:
- � ��
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-�i r ; ttorney `
,
' - . . .... . . _....
Cvntr�c� Authariza�:ior�
_ _�. ., ��� ;_..�_�,
Date
- , 2001.
CITY OF FO�ZT WORTH
�,�
,-•�. �. ��
Charles R. Boswell
Assistant City 1Vlanager
.
.
� V. Bishap
Executive Directo�r
Y.W.C.A, of Fort Worth &
Tarrant County
�����Y�� ��� ��
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STATE OF TEXAS
COUNTIES O�' TARRANT
AND D�NTON
��
�
BEFORE ME, th� undersigned authority, a Notary Public in a�d far the State �f Texas,
on this day p�fsanally appeared Judi V. Bishop, known to me to be the persor� ►nrhose name is
subscribed to the foregoing instrumen� and acknowledged to me that the same was the act af
the Y.W.C.A. af Fort Worth & Tarrant County and that she executed the same as the act of said
Y.W.C.A. of F'ort Worth & Tarrant County for the purpose and consideratian therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND
��¢�� 2001.
STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
�
��
A�f�`'' b�+`�.,,�IFFICEthis p�� day af , A.D.
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\�,.� Nota ublic in an for
'/�����" �3�f��9«y,2a��"�� the Sta e af Texas
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BEFORE ME, the undersigned au#�ority, a Notary Public in and for the 5tate of Texas,
on this day personally appeared Charles R. Boswell, known fo me to be the person whose name
is subseribed to the faregoing instrument and acknowfedged to me that the sam� was the act of
tha City of Fort Worth for the purpose and consideratian therein expressed and in th� capacity
therein stateci.
GIVEN IJNDER MY HAND AND SEAL QF OFFICE this �� day of , A.D.
C��-'�tY�t.P/1 20Q1. --
��P �A�� �asE�u� �Aa�u�s ����►�-��-
NbiA�YpU�LIQ atary Public in and for
�q�,� '� St�te af i�x�� the State of Texas
��� Camm. �xp, Q3-31-�006
,n�.piii-�-�'iii-��ei,i �-I.i .��'�e�
�g�
�'ity o�"�'ort �o��i, T'e�cas �
���� �r�� ��u��l� ���r�r�������n
DATE REFERENCE NUMBER LOG NAME PAGE
�isro� �*C�� �69s � � ��rvc � ot 2
SUBJ�CT ACCEPTANCE O� A[]DITIONP.L FUN�ING AND CONTRACTS WITH SERVICE
P�OVID�RS F4R TNE TEX�S WOf�KFORCE COMMISSION TITLE VI AT-RISK
CHiLD CA�� DEVELOPMENT FUND
��COiVIM�NDATI4N:
1t is recommen�ed that the City Cauncil:
1. Approve the acce�tance of grant �unds in an amounf up to $461,875.00 from the Texas Workforce
Commission (TWC) in sta#e FY2001 (September 1, 2001, thro�gh Augusfi 31, 2D02} of the Title Vl
of the Personal Responsibility anc� Work Dpportunity Reconciliation Act (PRWORA} of 'i996 for the
Child Ca�e Dev�lopment Program; and
2. Authorize the City Manager ta execute contracts with the following organizations to provide
additional cF�ild care services, contingent upan approval and receipt of ad�quate funding from the
TVIIC of th� Title Vl Ch91d Gare Development Pro�ram. All contracts will begin September 1, 2001,
and expire August 31, 2002:
a} YWCA of Metropolitan.Fort Worth in an amo�nt not to �xc�ed $'i41,334.00; and
b)
c)
Claytan Child Care 5ervices in an amounf r�ot to exceed $55,349.OQ; and
Child Care Assaciates in an amoun# not to exceed $�22,397.Oa; and
d) YMCA of Metropolitan Fort WortF� in an amount nvt to exceed $113,62� AD; and
e) Fort Worth �lousing Authority, for the AMAKA Learning Center in an amount not to exceed
$28,174A0. � .
DISCUSSION:
The te�ms outlined in Title VI of the PRWORA of 1996 for the Chi1d Care Development Program allows
cities to use iocal #unds allocated to child care services as a match to access additional federal funds to .
pro�ide additional child aare services.
For purposes of this program, Community Devefopment Block Grant (CDBG) funds are considered to
be "�ocal funds". The amaunts requested are determined by a formula based on CDBG funds being
spent on At�Risk Child Care during the periad September 1, 2001, fhrough August 31, 2002.
�he City wrll participate ir� this locai initiative agreement in coliaboration with the TWC in order to
access �461,875.00 in additiana! child care funding for p�oviders serving the City. ln #his agreeme�t,
the child care providers wil! �ecei�e 100% reimbuesement for services rendered to At-Risk eligible
c�ildren from tFre Child Care IViar�agement Systems, not to exceed $461,875.00.
�`�ty oj'�'o� bl'o�ih9 T'eacas
A �� �lflf� ���M1�"1� �4��1���'1���"1���1
�
DAT� REFEREhlCE NUMBER L.�G NAME PAGE
s���a� *��-� �69� I � arwc I_ 2 of z
SUBJEGT ACC�PTA�ICE OF ADDiTIONAL FIJNDCNG AND CONTRACTS WITH SERVICE
PI�UViDERS FOR THE TElCAS WOF�KFORCE COMMISSION TiTLE VI AT-RISK
CHILD CARE DEVELOPMENt FUND '
In this transfer agreemer�t, the TWC will reimburse the Child Ca�e Manageme�t System the federal
share (up to $278,Ofi4.15), and the City will reimburse the 'TV1lC th� ]oca! share (up to $� 83,810.85) of
ex�enditures, ihe City will clesignate u�a ta $983,810.85 of CDBG funding as the loca! match.
In this Iocal initiati�e agreement uv�th the state, fhe City will not be the recipient of any #ederal funds from
fhe state. The City will use a portion of each child care provider's CDBG funding to provide the loca!
match.
Each agency is responsible for the tolEowing amau�ts of the focal share:
�
�
�
�
YWCA of Metropolitan Fort Warkh in an amount not to exceed $56,246.2D; and
Clayto� Child Care Services in an arnount �ot to exceed $22,42�.00; a�d
Child Care Assaciates in an amount not iv exceed $48,709.93; and
YMCA of Meiropolitan Fort Warth in ar� amount not to exceed $�45,217.39; and
o Fort Workh Hvusing Authority, fo� fhe AMAKA L.earning Center in an amount not to exceed
$'I 1,212.30.
FISCAL fNFORMATIONICERTIFICATION:
The �'inance Director certifies that funds are available in the curren# operating budget, as appropriated,
ofi the Grants F�nd,
CB:n
Submitied for Cfty Manager's
�fflce by:
Charles Boswel]
O�ri�gfna#ing Department Head:
dim I�eyes
Additional Inlormatian Cvntaci:
Franlc Marrera
FUND I ACCOUNT I CEi�1TER ' AMOUNT
(ta7
8511 - I
�
8517 � (from)
_ I GR76
� GR76
GR76
GR76
7536 GR7fi
539110 01520669749Q
5399'10 01320669748D
539114 �"�320669745Q
539110 013208697460
539110 D13208697470
$22,425.Q2
$45,217.39
$55,246.20
�8,7as.s3
$11,212.3p
CITY SECI2.ETARY
APP�O��D
C1iY C4�1�CIL
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