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HomeMy WebLinkAboutContract 30953 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § COUNTIES OF TARRANT § CITY OF FORT WORTH PROVIDER AGREEMENT THIS contract is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Richard Zavala, its duly authorized Acting Assistant City Manager, and Clayton YES ("vendor"), acting through Ms. Frankie McMurrey, its duly authorized Executive Director. This contract entered into with specific reference to a grant agreement between City and Texas Workforce Commission ("TWC") for the transfer of funds, on file with the State of Texas as Child Care Transfer Expenditures Contract, Uniform Contract Number 0502CCT003; Purchase of Service (POS)Number 03090T02 FY03. The term of the contract will cover the time period beginning October 1, 2004 and end September 30, 2005. Vendor will provide child care services for families certified as "At Risk" for direct child care. At Risk, according to Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for the Child Care Development Programs, 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 Income Limit. They must pay a parent fee, based on their 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 funding for the Title VI At-Risk Child Care Program of the Texas Workforce Commission. This contract is subject to availability of Local, State, and Federal funds. If funds are unavailable or reduced, written notice will be given of termination, payment suspension, or funding reduction. Vendor agrees to provide the Child Care Management System (CCMS) with the proper information and documentation to allow the CCMS to determine the eligibility and the proper Unit Rate for each child. CCMS will be responsible in charging the proper Unit Rate per child. The Unit Rate will be determined by the rate established by the Local Workforce Development Board (LWDB). The LWDB uses the current Child Care Management System (CCMS) Maximum Rate for Tarrant County. Vendor will receive 100% reimbursement for services rendered to At-Risk eligible children from Child Care Management System (CCMS), not to exceed $58,663. The terms outlined in Title VI of Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for the Child Care Development Programs allow cities to use local - 1 - i funds allocated for child care as a match to access additional federal funds to provide additional child care services. For the purposes of this agreement, Community Development Block Grant (CDBG) will be used as the local match. The City will disburse CDBG monies as the local match in the Amount up to $19,923 to the Local Workforce Development Board (LWDB) on a reimbursement basis following receipt of a monthly report of certified "At-Risk" children served from the LWDB. The LWDB will reimburse the Texas Workforce Commission (TWC) the local match (33.96%). The City and the vendor further agree to abide by the following terms of this contract, herein referred to as"agreement"or"contract": 1. a) This agreement may be canceled by mutual consent. If such mutual consent cannot be attained, the vendor or City may give thirty (30) days written notice to the other party and this agreement shall be terminated upon the expiration of the thirty (30) day period. This provision does not rule out immediate termination allowed by this section. b) Either party may end this agreement immediately if the parties are unable or unwilling to make amendments to the agreement which may become necessary to continue the agreement because of: - A change in state or federal laws; A reduction in or exhaustion of available state or federal funds; - A change in TWC or other requirements. Any obligations incurred by either party before the termination date of this agreement must be met. Termination of this agreement does not release the vendor from the requirement to keep records and allow access to records for three years and 90 days. 2. The vendor will carry a minimum of$250,000 per occurrence of liability insurance for the entire time period covered by the agreement. The vendor will indemnify City for claims of injury resulting from the vendor's provision of child care under this agreement. 3. Child care programs administered by independent school districts, including pre- kindergarten programs, by a state college or university or by the federal government are exempt from the liability insurance requirements cited in numbered paragraph two (2) above (40 TACCC §10.3445). 4. The vendor accepts as payment in full the approved rate(s) for care and transportation as described in this agreement, for authorized enrollment days, reduced by the assessed parent fee amount or child care subsidies (where applicable) and any previous overpayment(s). - 2 - The vendor accepts as payment in full the authorized inclusion assistance rates reduced by the assessed parent fee amount or child care subsidies (where applicable) and any previous overpayment(s) as described in this agreement. The vendor is authorized by City to receive additional reimbursement only for individual children that the City and vendor agree need extra adult assistance. The amount of the inclusion assistance rate (150% or 190%) is based on the amount of assistance needed and is determined by City. 5. The vendor must comply with applicable local/state licensing and registration requirements. • The vendor must have a valid license (provisional or permanent) or registration in order to become a vendor. • The license or registration must be maintained at all times during this agreement. 6. 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 the effective date and on or before the termination date of the agreement. To be valid: • This agreement must be signed and dated prior to or on the effective date of the agreement. • A new agreement must be completed if the vendor receives a new license. • The agreement may not cover any period of time where the vendor does not have a valid license or registration such as during the application phase that licensing allows. • The vendor must be insured as required in numbered paragraph two (2) (note exception in numbered paragraph three (3)). 7. This agreement authorizes the placement of City of Fort Worth children only in the specific facility at the specific location identified on this agreement. • The vendor may not transfer the vendor agreement to any other entity, facility or location. • The vendor may not move City referred children to another facility without the prior approval and consent of City. • The vendor may submit bills only for authorized City referred children under City authorized conditions. 8. The vendor must inform City prior to changes in: - the name of the facility; - ownership, governing body or corporate status; - the contact person; - the location/address of the facility; - the conditions or status of the license or registration; -3- - scheduled holidays; - hours of the program; ages of the children served; - published rates and/or fees; - transportation policies; liability insurance coverage; or - any other changes to child care services provided. • The vendor must inform City immediately of any anticipated changes that will affect the terms of this agreement or the nature of the child care services provided. • Failure to inform the City about any 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 Vendor Data Worksheet are necessary. 9. Adverse actions against the vendor include but are not limited to: - suspension, termination or non-renewal of the agreement; - the closing of intake; - removal of City referred children; - temporary withholding of payments; - non-payment for child care services delivered; and - recoupment of funds paid to the vendor. • City will 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 taken by the state-licensing agency; - there are continued non-compliances with state or local licensing requirements; - there are continued non-compliances with vendor requirements; or, - an owner or employee of the vendor is convicted of fraud. • The vendor will not receive payment for any child care services provided during any time period not covered by: - a current license or registration, - the required amount of liability insurance, or - a current agreement. -4- The vendor will also not receive payment for any child care services provided for any child on any day that the number of children attending exceeds the license/registered capacity of the facility. 10. All children must be treated fairly and equitably regardless of race, color, national origin, age, sex, disability, political beliefs, type of facility or religion. Parent choice will be honored in determining child care arrangements to the extent required by the funding source for the parent/child involved. 11. The vendor will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans Disabilities Act of 1990 (Public Law 101-336), the Health and Safety Code Section 85.113 (relating to workplace and confidentially guidelines regarding AIDS and HIV), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition, the vendor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. The vendor will not discriminate against children with disabilities. The vendor will also not discriminate against children with AIDS. The vendor will comply with the Health and Safety Code Section 85.113 by adopting and implementing HIV/AIDS workplace guidelines for employees and clients; by providing educational programs for employees and clients; and, by developing and implementing guidelines regarding confidentially of HIV/AIDS related medical information for employees and clients served. 12. The vendor will comply with the requirement of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1987, who will perform any labor or services under this agreement. 13. The vendor must inform appropriate vendor staff of all relevant requirements in this agreement and the Vendor Manual in order to maintain compliance. 14. The vendor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Vendor shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint venture between the City and vendor, its officers, agents, and employees, and doctrine of respondent superior has no application as between the City and vendor. 15. This agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the parties. The City shall be an independent contractor and shall be responsible at times for directing its employees in the course of their duties. Vendor shall be responsible at all times for directing Customer's employees in the course of their duties. 16. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: Mr. Richard Zavala, Ms. Frankie McMurrey Acting Assistant City Manager Executive Director City of Fort Worth Clayton YES 1000 Throckmorton Street 1604 8`" Avenue Fort Worth, TX 76102 Fort Worth, TX 76110 (817) 392-6222 (817) 923-9888 17. Vendor agrees that the City shall, until the expiration of four (4) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the vendor involving transactions relating to this agreement. Vendor agrees that the City shall have access during normal working hours to all necessary vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give vendor reasonable advance notice of intended audits. Vendor further agrees to include in all its subcontracts hereunder a provision to the effect that the vendor agrees that the City shall, until the expiration of four (4) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such vendor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all vendor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give vendor reasonable advance notice of intended audits. -6- 18. Vendor agrees to photocopy such documents as may be requested by the City. The City agrees to reimburse vendor for the costs of copies at a rate published in the Texas Administrative Code. If audit discloses overcharges of any nature by vendor, in excess of 5% or the total contract cost, the Consultant shall pay the reasonable cost of the City's audit. 19. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. 20. This agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 21. The provisions of this agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. -7- Executed this o day of , 2004. Attest: CITY OF FORT WORTH City Secretary qTa-r­d�Zavala ingssistant City Manager Approved for Form and Legality: (w],N)k��— ity Attomey _ 4 Frankie McMurrey c i Exc utiv c Director contract Authorization Clayton YES .iTl.-LJ k T _ Data STATE OF TEXAS § COUNTIES OF TA.RRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Frankie McMurrey, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Clayton YES and that she executed the same as the act of said Clayton YES for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of, '/ A.D. 2004. WRICIA S ILES Notary PubNc State of Texas Notary Public in and for My Commission Expires the State of Texas April 12, 2007 STATE OF TEXAS § COUNTIES OF TARR.ANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Richard Zavala, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN CINDER MY HAND AND SEAL OF OFFICE this f 94-day of, A.D. 2004. ffm LA BARNES A' 4a;RY PUBLICNotaryPublic in and for e of Texasp. 03 31-2005the State of Texas -9- 341 IS' 7r,7 . Y. I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2004 DATE: Tuesday, October 05, 2004 LOG NAME: 02AT-RISK REFERENCE NO.: **C-20314 SUBJECT: Acceptance of Additional Funding and Contracts with Service Providers for Texas Workforce Commission Title VI At-Risk Child Care Development Fund and Additional Contracts with Service Providers for Child Care RECOMMENDATION: It is recommended that the City Council: 1. Approve a joint transfer agreement in an amount up to $402,531 with the Texas Workforce Commission (TWC) beginning October 1, 2004 and ending September 30, 2005 as part of the Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 for the Child Care Development Program; and 2. Authorize the City Manager to execute contracts with the following organizations to provide additional child care services, contingent upon approval and receipt of adequate funding from the TWC, the Title VI Child Care Development Program. All contracts will begin October 1, 2004 and expire September 30, 2005: YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334; and Clayton YES in an amount not to exceed $58,663; and Child Care Associates in an amount not to exceed $60,739; and YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621; and Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $28,174. TOTAL: $402,531 DISCUSSION: The terms outlined in Title VI of the PRWORA of 1996 for the Child Care Development Program allows cities to use local funds allocated to child care services as a match to access additional federal funds to provide additional child care services. For the purpose of this program, Community Development Block Grant (CDBG) funds are considered to be "local funds". The amounts requested are determined by a formula based on CDBG funds being spent on At-Risk Child Care during the period October 1, 2004 through September 30, 2005, The City will participate in this joint transfer agreement in collaboration with TWC in order to access $402,531 in additional child care funding for providers servicing the City. In this agreement, the child care Logname_ 02AT-RISK NOP 1 of providers will receive 100% reimbursement of services rendered to At-Risk eligible children from the Child Care Management System (CCMS), not to exceed $402,531. In this joint transfer agreement, TWC will reimburse CCMS the federal share (up to $265,824) and the City will reimburse TWC the local share (up to $136,707) of expenditures. The City will designate up to $136,707 in CDBG funding as the local match. In this transfer agreement with the state, the City will not be the recipient of any federal funds from the state. The City will use a portion of each child care provider's current CDBG funding to provide the local match. Each agency is responsible for the following amounts of the local share: YWCA of Fort Worth and Tarrant County in an amount not to exceed $47,999.66; and Clayton YES in an amount not to exceed $19,923.01; and Child Care Associates in an amount not to exceed $20,628.10; and YMCA of Metropolitan Fort Worth in an amount not to exceed $38,587.81; and Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $9,568.42. TOTAL: $136,707 These services are provided in all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 002206929470 $47,999.66 GR76 539120 002206929480 $20 628.10 GR76 539120 002206929490 19,568.42 GR76 539120 002206929500 $38,587.81 GR76 539120 002209929510 $19,923.01 Submitted for City Manager's Office by Richard Zavala (Acting) (6222) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Deidra Emerson (7563) Logname: 02AT-RTSK paaP 7 of?