HomeMy WebLinkAboutContract 45152 �r sEcRSAW
Child Care Local Match .M ontr bution Agreeme -
Local Workforce Development"Board WT MC NO*
NAME[ OF CONTRIBUTOR CITY OIL FORT WORTH --AFTER SCHOOL PROlGRA
PLEDGED LOCAL,MATCH AMOUNT
DONATION
T. AN F R $ 0
CERTIFICATION O
EXPEN ITURIES
The contributor to �
�dentifie above pledges ocal funds as indicated in order for the Texas
Workforce Commission (TWC) to draw down additional federal funds. Both the local and matched
federal funds will he used for the provision of allowable child care services or activities in the
following local workforce development area(s) ; Tarrant County Workforce Development Board.
All parties understand and agree that the appropriate Federal Medical Assistance Percentage for
Texas will he used to determine the amount of federal funds matched as a result of this, local
contribution; and (2) t s agreement is contingent upon acceptance o this agreement in an open
meeting y a,majority of TWC's three-member Commission (Commission).
SIGNATURES,: The person signing ing th s agree-meat on behalf of the contributor or the .hoard.
hereby warrants that he or she has been fully authorized to:
• execute this agreement on behalf of is or her organization;
• validly and legally bind his or her organization to all the terms perfor antes, and provisions of
this agreement.
For the faithful performance of this agreement as delineated, the antes below affix their signatures
and bind their agencies effective October 1 2013, and continuing through September
. _ ..
TAR RAN rl,,COUNTY WORKFORCE
CITY OF FORT WORTH 1 :EV'E,.L,PMENT BOARD
LOCAL WORKFORCE DEVELOPMENT
CONTRIBUTOR BOARD
Signature
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Printed n Charles . �L a els JU Metro ald
Titit Assistant City Ma as Ex eeutive E-mad Address eharls.w.dar
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No M&C REQUIRED
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NOY 2 6 2013
RE C E IV E D
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Child Care Local Match Contribution Agreement
GENERAL AGREEMENT TERMS
SECTION 1: Legal Authority
In the State of Texas, TWC is designated as the lead agency for the administration of Child Care
and Development Funds, (CC ) available under Title VI of the Personal Responsibility and Work
Opportunity Reconciliation Act of 19916 (42 United States Code (USC) §9801, et seq.).
Pursuant to federal regulations (415 Code of Federal Regulations (CFR) Parts 98 and 919), TWC is
the CCDF Lead Agency for Texas and the entity designated to accept donated funds from any
private entity,, or transferred funds from any public entity, or certifications of expenditures from
public entities that may be used as match for available federal funds. As such, the terms, of this
agreement are contingent upon the certification of private donations (if applicable)by TWC, and the
final acceptance of this agreement in an open meeting by a majon'ty of TWC"s three-member
Commission.
SECTION 2.- The contributon, by executing this agreement, certifies that pursuant to Labor Code
§301.021(b) and Texas Govenu-nent Code §575.005:
a. If the contributor is a private entity,, the contributor is not party to an administrative
proceeding before the Commission.
(i) Under Texas Government Code §575.005, "administrative Piro,ceedin g"' means a
"contested case" as defined by Texas Govertu-nent Code §2001.003, i.,e., "a
'proceeding, including a ratemaking or licensing proceeding,, in which the legal
rights, duties, or privileges of a party are to be determined by a state agency after an
1.
opportunity for ad.judicative hearing."
(ii) Prior, to accepting this agreement, TWC will verify whether the private entity
contributor is party to an administrative proceeding before the Commission. If the
private entity contributor is, or becomes a party to, an administrative proceeding
a 0
before the Conimi,ss,ton prior to t I he Commission's acceptance or this agreement,
Texas Labor Code § (b) and Texas Government Code §575.005 prohibit the
Commission from accepting this agreement until the 301th calendar day after the date
that the decision in the proceeding becomes final under Texas Government Code
§2001.144.
b. If the contributor is a foir-profit entity, the contributor does not currently:
(i) have a contract with TWC for services, or products of a value of$50,000.00 or
greater; or
(ii) have a bid in response to a request for proplois,al for such contract before C.
This condition does not apply to a contract or bid that relates only to providing child care
services.
C. Upon execution of this agreement, if it is for the contribution of privately donated funds
" Z"
from a four-profit entity, the contributor understands, that pursuant to Texas trove -rent
Code §301.021(d.), the contributor shall not enter into a contract with TWC or submit a bid
in response to a request for proposal issued by TWC before the first anniversary of'the date
WD Letter 30-12,Change 1, A. men I Page 2 of 10
on which TWC accepted a donation from the contributor unless the contract or bid relates
only to providing child care services.
SECTION 3: The contributor agrees, as follows:
a. To remit to TWC the pledged local share in. accordance with Item E) Donation/Transfer
Payment(s) and Certification of Expenditures Schedule.
b. For donations and transfers of funds, checks remitted by the contributor must be made
payable to the "Texas, Workforce Commission" or to the Board, and submitted to TWC
through the Board.
C. To keep,, and make available to TWC or the Board upon request, records, adequate to show
that the contributed funds,put forth in this agreement are eligible for matching purposes.
The records shall be retained and made accessible for the longer of: 1) the period specified
by the beard's record retention policies for such records, 2) three years after the end date of
this agreeirient, or 3) until the completion and resolution of all issues which arise from any
litigation, claim, negotiation, audit, or other action that began during and was ongoing as of
the end of the no al retention period.
d. W"hen certifying,expenditures of public funds as the local match, to -provide the Board and
TWC with a statement that certifies the expendflures and includes information detailing
servIces delivered, and expenditures in the format and within the tinie frames prescribed by
the Board.
e. To certify that the expenditures used as child care match are eligible for federal match, and
were not used to match other federal funds.
f Donations from. private entities:
(i) are donated without any r,estr�iction that would require their use for a speci.-fic
individual, organization, facility, or institution,
(ii) do not revert to the donor's facility of use
(iii) are not used to match other tederal funds;
(iv) shall be certified both by the donor and by TWC;
(v) shall be subject to the audit requirements, In 45 CFR §98.65� and
(vi), shall provide the Board and TWC, upon request, data needed for federal re orti
P ing
purposes.
SECTION 4.- The Board agrees as follows:
a. To use the funds donated or transferred by the contributor, and the resulting federal funds,
for child care services within the workforce area(s) consistent with,-the intent of this
agreement.
b. To ensure that child care services,provided, by funding made avail able through this
agreement are only those provided in accordance with applicable local., state, and federal
laws and regulations.
C. 1"o ensure that certified public expenditures if applicable) represent expenditures eligible
- were not federal funds unless
fe I I
,for d,eral. match- were not used to match other federal fur
by federal law to be used to match other federal funds,-, and do not represent
expenditures for public prekindergarten prograrns as referenced In 45 CF R §98.53(h).
WD Letter 3 0-12,Change 1,Attactunent 'I Page 3 of 10
d. To ensure that donations from private entities:
(i) are donated without any restriction that would require their use for a specific
individual, organization, facility, or institution;
(ii) do not revert to the donor's facility or use;
(iii) are not used to match other federal funds,-I
(iv) shall be certified both by the donor and by TWC;
(v) shall be subject to the audit requirements in 45 CFR § and
(vi) shall provide TWC, upon request, data needed forfederal reporting purposes.
e. To inform the contributor of the time frames and procedures for remitting payment of
pledged, funds or submitting reports delineating certification of expenditures during the
contribution period.
SECTION 5,-, "I"he Board and the contributor agree as follows:
a. That perfon-nance under this agreement is contingent upon the certification of'private
donations (if applicable) and the final acceptance of this agreement in an open meeting by a
majority of T'WC's three-member Commission.
b. "Child Care Local Match Contribution Information" is incorporated by reference.,
C. To comply with federal regulations in 45 CF R §98.53 relating to matching fund
requirements,, and 45 CFR §98.54 relating to restrictions, on the use of funds,.
d. To submit a certification of expenditures report, certifying that the child care—related
expenditures were incurred according to regulations, and policies to draw down such federal
matching funds, and have not already been used as match for any other federal matching
program.
C. Other agreed-upon local operating plans and procedures used to implement and carry out the
teni-is and intent of this agreement must comply with Board policies and procedures.
f. This agreement for the contributor to provide matching funds is contingent upon the
availability and amount of uninatched federal CC DF appropriations. If such funds are
otherwise unavailable or reduced, written notice of termination, payment suspension, or
funding reduction will be given by any party.
9. These terms and conditions may be amended by written agreement of all parties, at any time
prior to the current agreement end date, as indicated on page one of this agreement,
contingent upon. acceptance of the amended terms, and conditions by all parties.
h. 'If federal,, state, or local laws or other requirements are amended or judicially interpreted so
as to render continued fulfillment of this a parties,
greement, on the part of any of the part'
substantially unreasonable or impossible, and if the parties should be unable to agree upon
any amendment that would therefore be needed to enable the substantial continuation of the
services contemplated herein, the parties shall be discharged from any further obligations
created under the terms of this agreement, except for the equitable settlement of the
respective accrued interests or obligations incurred up to the date of termination.
1, agreement may be terminated by any party, for any reason, upon written notification to
the other parties, of at least 30 days in advance of such termination. Such written notification
t
will be sent to the contributor's outorls address as specified in Section B of the Child Care Local
Match Contribution Information in this agreement.
WD Letter 30-12,Change 1,Attaclu-nerit 1, Page 4 of 10
CHILD CARE LOCAL MATCH CONTRIBUTION INFORMATION
0
A, BOARD INFORMATION.
Board Name-, Tarrant County Workforce Development Board (Workforce Solutions)
and Cllr 13:20 S. UniversilyDr, Suite 600, Fort Worthl TX 761017
Board Staff— Contact Name-, Lisa Witkowski Phone: 817.41 3.4441 Fax-,
817.222.8,267
E-mail Address,-, lis,a.witkowski Lq�,workforesolutCns.net
B. CONTRIBUTOR INFORMATIONN
Contributor Name: City of Fort Worth
..........
Contributor Address.- 1000 Throickmorton
Fort Worth,Texas 761102
Type of Entity G MEN rr
Name of Fiscal, Agent if applicable): N/A
Vendor ID N,umbe!r or Federal Emp'oyer ID Number of Contributor or Contributor's Fiscal Agent.-
1760005286001
34
Contributor Contact Name: Charles Daniels I Phone: 817.392.6199 :Fax: 817-392-61
E-mail Address: Charles.W.Daniel s(i�,fortworthtexas.go v
C. ORIGINATING AGREEMENT INFORMATION.
11 ype of Contribution:
Donation (Private Ent4)
Transfer (Public hillity)
Z Certification (Public Entity)
Pledged Local Match Amount-. $ 1,400,000
Program Number: 030900081
...........
Did a Board Member assist in securingthe local match agreement YES NO
o If"YES, Name of'Boarld Member. N/A
o How did the Board Member assist? N/A
W'D Letter 30-12,1 Change 1,Attachment 'I Page 5 of 10
USE OF FUNDS DESC R1PTION,,
The planned use of funds, including,plamed amounts, is described,below. Use of funds must be in compliance with the
state's CCDF'Plan in effect for the contract period.
1. Cash Contributions; The description below addresses the Board's planned use of local and federal funds resulting
from donation and transfer of funds agreements.
Planned Local
Fund Use and Federal
Funding
The funds will be used:,
Direct Child 1. for direct child care services provided:N/A[include a brief description of use
Care of the funds,];
$ 01
2. for eligible children and families meetingTWC's and Board's eligibility
criteria; and
3. at child care providers eligible under TWC rules.
Source of Local Funds: N/A
Child Care The -funds will be used for quality improvement activities allowable under TWC
Quality rule§809.16. $ 0
11 Local Improvement Source of ,Funds: N/A
dministration the funds will be used for administration and operations in accordance with S 0
and Operations, applicable federal regulations,and Agency policies.,
...............
TOTAL Total planned local and federal funds riestilting from donations and transfers. $1 0
2. Certification of EXpe,nditures.- The descriptions below describe: (1) the allowable child care services or activities
that resulted in local certified expenditures,, the source of the local finds,and(2) the Board's planned use of the
matched federal ftinds resulting from,the certification of expenditures.
..........
Fund Use P Funlanne 0 d Local
ding
Expenditures certified by the contributor resulted from:
L direct child care services,provided by:N/A[child care provider or $ 0
organization, or entity]; and
Direct Child 2. non-CCDF funded children residing with a fainfly at or below 85%of state
Care median income, and parents who are working,or attending job trairiing or
education.
...... --,..,-Source of Local Funds: NYA ............. .............. ..............
Expenditures certified by the contributor,resulted from quality improvement
Child Care activities,allowable under TWC rule§8019.161. 1, 0,l!
Quality Source ol"Local Funds: City of Fort Worth will be certifying quality improvement
Improvement funds to expand after school enriclitnent activities for children in't"arrant,County
ISD piro�rams using Crime Tax Funds. ..........
Planned
Fund Use Federal
Funding
The federal funds will be used:
I for direct child care services,provided: in Tarrant County [include a brief $ 21699�370
Direct CIiild description of use of the funds];
Care 2. for eligible children and families meeting,f` s and Board's eligibility
criteria; and
3. at chill care providers eligible underTWC riles, _. �.... ..
Child Care The funds will be used for quality improvement activities allowable Linder TWC
Quality rule§8,09.16. $ 1 40101110010
Improvement
Administration The funds will be used for administration and operations in accordance with $ 1421,072
and Qperations appilicab�le federal regulations,and Ag,eLi c ,olicies,. ...........
TOTAL Total planned local and federal funds,residting from certifications of $ 424-11442
expenditures,.
WD Letter 3 0-12,Change 1,Attachment 1 Page 6 of 10
E. DONATION/TRANSFER PAYMENT(S) AND CERTIFICATION OF EXPENDITURES
a
SCHEDULE,,,
In compliance with Section 3(a)of this agreement, the contributor will remit payment or reports of actual
expenditures in accordance with the completed schedule below.
1. Dona tion/Tra nsfer Payment(s) (Local Funds):
Dill, Donatiolia/Transfer Date* Actual Amount
1'. N/A $ 01
2.
...........
4. ......
...............
5. $
e.
61. $
7.
.............
8.
9. $
10.
$
12. $
............
$ 0
TOTAL
*Pursuant to TWC ride §800.73(a)(2), the donation(s)/transfer(s) must ocicur within the effective
program year in willich the funds are allocated
2., Public Entity Certification,of Expenditures(Local Funds):
Certification Period* Reporting Date" Planned Amount of
Expenditures
1. From 10/l/2013 to 9/30/2014, 9/30/2014 $ 114001000
2. From to $
3. From to $
4. From to $
.......... ....... .........
5. From to
............
6. From to
7. From to $
8. From to $
9. From to $
10. From to
11. From to
12, From to
TOTAL $ 1,400,000
*Pursuant to,TWC rule§800.73(a)(2),the certification(s)must occur withl*n the effective
program,year in which the funds are allocated
**Explanation is required below 1freporting dates are outside the contract end date.
N/A
Completed original,signed firms must be sent to TPVC's Board&Special Initiative Gontracts departm,ent, 101 East
15th Street,Rooim 506T,Austin, Texas 78'778-0001. Please call theBoard's assigned contract manager, if you have
questions. An individual may receive and rew'ew information that TWCcollects by se�ndbig an e-mail to
open.records*hw.state.a.us or writing to TWC Open Records Unit, 101 East 15th Street, Room 2 66 A ustin, Texas
78778-0001.
WD better 30-12,,C.haDg,e 1, Attachment I Page 7 of 10
CERTIFICATION OF EXPENDITURES
BY A PUBLIC ENTITY
Nanie of Contributing Public Entity: cfty,off ort Worth -- After School Pro,gram
The public entity named above certifies expenditures in the amount of $ 1,400000 to be used as
state matching funds to draw down, available federal matching funds as authorized in the CC
regulations at 45 C §98,53.
By signing below, the public entity named above certifies that the funds specified above,-,
1) are not federal funds, or are federal funds authorized by federal law to be used to match other
federal funds-,
2) are not used to match other federal funds;
3) represent expenditures eligible for federal match; and
4) do not represent expenditures for public prekindergarten programs as referenced in 45 CF'R
§98.53(h).
Signature of authorized agent: A 101 0-00
Printed naive of authorized agent: Charles W. Daniels
Title of authorized agent: Assistant City Manag
Atte by*
r
TF
LAr 0
nary L S Cit S Itro
0-
WD Letter 30-12,Change 1,Attaclunent I Page 8,of 10
JOINT'CERTIFICATION OF FUNDS
DONATED FROM PRIVATE SOURCES
Name of Donor-, N/A
The Donor named above control tes funds in the amount of $ N/A to "rwc to be used as state
matching funds to draw down available federal matching funds as authorized in the CCDlF
regulations at 45 C §98.53.
By signing below, the Donor and TWC certify that the donated funds specified above:
1) are available,and represent explenditures eligible for .federal match;
2) are donated without any restriction that would require their use for a specific individual,
organizati! n, facility or institution;
3) do not revert to the Donor's facility or use; and
4) are not used to match other federal funds.
DONOR'S CERTIFICATION
Signature of authorized agent:
Printed name of authorized agent: N/A
Title of authorized agent'. N/A
TWC'S CERTIFICA14ON
Signature of authorized, agent:
Printed narne of authorized agent: Rea an Miller
Title of authorized agent-. Director, orkforce Dey��Ia �me�nt Div�isio►n
WD Utter 3 0-12,Change 1,Attachment I Page 9 of 10
APPROVAL RECOMMENDED.
By:
Jeffrey W. Halsteald
Chief of Police
Date: �3 0*13
APPROVED S TO FO
AND LEG QTY NOW rp
F
j
Jessica. S� vang
FO
NuVll �
ATTEST:
0 i
Bye
Mary K �WW
Kayser
City Secretary
AS
Contract Authorization:
�.�
C.
Date A.ppro e :
Letter 30,-12, Change 1, Attachment 1 Page 10 of 1