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HomeMy WebLinkAbout2001-409ORDINANCE NO P01_ el AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY OF DENTONi EXPENDITURES FOR CHILD CARE SERVICES AND REQUEST FEDERAL MATCHING FUNDS, AUTHORIZING THE CITY TO CERTIFY CHILD CARE EXPENDITURES, APPROVING THE EXPENDITURES OF FUNDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City contributes both general fund and Community Development Block Grant resources to the provision of child care for low and moderate -income households, and WHEREAS, Federal matching funds are available subsequent to Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 from the Texas Workforce Commission ("TWC") based on the expenditure of City of Denton funds, and these funds can be used to expand the availability of child care for eligible Denton households from October 1, 2001 to August 31, 2002, and WHEREAS, the Agreement with TWC will provide the opportunity to obtain matching funds and the City Council deems it in the public interest to enter into this Agreement, and WHEREAS, the City desires to use the matching funds provided to develop programs that create additional day care opportunities for low to moderate -income households, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S15CTION 1 The City Council hereby approves the Agreement attached hereto, between the City of Denton and the Texas Workforce Commission to certify City child care expenditures and request Federal matching funds, and authorizes the City Manager, to execute said Agreement or any other document necessary to the Agreement or the program SECTION 2 The City Council authorizes staff to certify the expenditure of child care funding as provided in the Agreement S TION 3 The City Council authorizes the expenditures of funds in the manner as specified lm the Agreement S C TION 4 The ordinance shall become effective immediately upon its passage and approval 6 PASSED AND APPROVED this the-0-5 day of 2001 EULINE BROCK, MAYOR s wor DocmnMm LA OWA WC tunaomo ATTEST JENNIFER WALTERS, CITY SECRETARY By NYVAIJ�� jAllt" APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY1 S \our documents\0rdmances\01\Texas Workforce Com Contract TEXAS WORKFORCE COMMISSION Child Care Local Initiative Agreement Cover Sheet CONTRACT NUMBER PROGRAM NUMBER NAME OF CON UTOR City of Denton CONTRIBUTDAESS 100 W Oak, Denton, Texas 76201 TYPE OF E GOVERNMENT ONTRUTOR CONTACT BOARD CONTACT NA Dan Leal NAME Kelley Fontenot PHONE NU 940 349.7234 PHONE NUMBER 817 695 9236 FAR NU R 940.383.2445 FAX NUMBER 817 640 6480 E-MAIL ADD 8 DALEAL@cityofdenton.com E-MAIL ADDRESS kfonteno@dfwinfo com SERVICES TYPE DIRECT CARE CHILD-C $ERVICE DELIVERY REljATIQj4SIUP CHILD CAFE CONTRACTOR OTHER, P�,EDUM L&AL "MATCH" AMOUNT Y TYPE ISONA tON TRANSFER CERTIFI ATION OF EXPENSE (LOCAL $11AU ONLY) $41,025 00 CERTIFICATION Part OF ftiIENSE — TOTAL (See B Cert(flcgtion Schedule $103 000 00 The Contributor seeks to expand or enhance cluld care and early learning by making local funds available (as indicated above) The Contributor agrees to perform under this agreement in compliance with all applicable federal and state laws, regulations, and rules, and in accordance with the provisions of this FY _Child Care Local Initiatives Agreement consisting of the following parts • Agreement Cover Sheet • Part A — General Agreement Terms • Part B — Donation, Transfer or Certification Schedule All are hereby incorporated into this agreement and constitute promised performances by the Contributor and the Board All parties understand and agree that during this agreement period the federal matching share will be the appropriate Federal Medical Assistance Percentage for Texas SIGNATURES The persons signing this agreement on behalf of the Contributor and the Board hereby warrants that he or she has been fully authorized by their organization to • execute this agreement on behalf of their organization, and • validly and legally bind their organization to all the terms, performances and provisions of this agreement For the faithful performance of this agreement as delineated, the parties below affix their signatures and bind their agencies for a service delivery period effective 10/Ol/01and continuing through 8/31/02 CONTRIBUTOR North Central Texas WORKFORCE DEVELOPMENT BOARD LWDA #• 04 Signature Printed Name; Michael A Conduff Mike Eastland Title Cit ringer Executive Director The Texas Workforce Commission accepts this pledge of funds to be used as required "match" for federal funds Cassie Carlson Reed Executive Director Date Local Initiative Agreement Template Page 1 of 5 Rev 4/01 CHILD CARE LOCAL INITIATIVES AGREEMENT PART A -GENERAL AGREEMENT TERMS SECTION 1 Legal Authority The Texas Workforce Commission (the Agency) is the lead agency in Texas for the administration of child care and development funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (42 U S C §9801, et seq ) Federal regulations (45 Code of Federal Regulations 98 53) allow the Agency to accept donations from any entity and transfers or certifications of fund availability from public agencies that may be used as match for available federal funds SECTION 2 The Contributor, by executing this agreement, certifies that It is not currently a party to an administrative proceeding pending before the Agency The parties to this agreement, furthermore, understand and agree that if the Contributor should become a party to an administrative proceeding before the Commission prior to acceptance of this agreement by the Agency, this agreement shall be void The Contributor does not currently i) have a contractual relationship with the Agency for services or products of a value of $50,000 00 or greater, or n) have a bid before the Agency for such a contract, except for a contract or bid which relates solely to providing child care services Upon execution of this agreement, the Contributor shall not enter into a contract with the Agency or submit a bid in response to a request for proposal issued by the Agency before the first anniversary of the date on which the Agency 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 keep, and make available to the Board, upon request, records adequate to show that the locallstate funds put forth in this agreement are eligible for matching purposes b That child care services, including the expansion and enhancement of early care and learning covered under this agreement are only those provided in accordance with all applicable local, state and federal laws and regulations Such services covered by this agreement and funded in accordance with Section 4 (a) or (b) below are as follows (insert iservice description language) The City of Denton will certify expenditures of not more than $103,000 00 through the Child Care Local Initiatives agreement with North Central Texas Council of Governments during fiscal year 2001-2001 (October 1, 2001 - August 31, 2002) All funds certified by the City of Denton will benefit children from low to monderate-mcome families who meet North Central Texas Workforce Development Board income eligibility limits and reside in the Denton city hunts The City of Denton Community Services Division will be responsible for overseeing the agreement with the Human Services Coordinator serving as contract administrator Federal match dollars provided by the Texas Workforce Commission will be used to create additional day care opportunities for low to moderate income families who meet North Central Texas Workforce Development Board income eligibility hunts and reside in the Denton city limits To provide the Board with information detailing services and expenditures in the format and within the time frames prescribed by the Board To provide the Board with data needed for federal reporting purposes upon request Submit checks made payable to the Agency to the Board , or certify expenditures in the manner and schedule described in Part B, Donation Transfer or Certification Schedule Local Initiative Agreement Template Page 2 of 5 Rev 4/01 SECTION 4 The Board agrees as follows a To use the funds donated or transferred by the Contributor, and the resulting federal funds, to purchase child care services; including quality enhancement activities, within the local workforce development area consistent with the intent of this agreement Any resulting federal funds will be based on the U S Department of Health and Human Services, Admuustration on Children and Families federal matching rate current at the time of the contribution or transfer b To ensure expenditures resulting from a certification of expense by the Contributor (if applicable) represents expenditures eligible for Federal match, were not used to match other Federal funds, and were not Federal funds unless authorized by Federal law to be used to match other Federal funds Any resulting federal funds will be based on the U S Department of Health and Human Services, Administration on Children and Families federal matching rate current at the time the Contributor's expenditures are certified c To inform the certification Contributor of the time frames and procedures for certification of expenditures during the funding period d To submit monthly expenditure reports to the Agency in accordance with Part B, Donation Transfer or Cemfication Schedule e To submit final reports to the Agency on expenditures and services within 60 days of the earlier of the end of the service delivery period as designated on the cover sheet of this agreement or the termination date of the agreement f That child care services covered under this agreement, including the expansion and enhancement of early care and learning, are only those provided in accordance with all applicable local, state and federal laws and regulations SECTION 5 The Board and the Contributor agree as follows a That performance under this agreement is contingent upon the final acceptance of this agreement in an open meeting by a majority of the Commissioners of the Agency and signature by the executive director of the Agency b That agreed upon local operating plans and procedures, which must be in compliance with Agency policies and procedures, will be used to implement and carry out the terms and intent of this agreement c That this agreement is contingent upon the availability of federal child-care and development funds If such funds are otherwise unavailable or reduced, written notice will be given by any party of termination, payment suspension or funding reduction d That in the event that adequate local funds for the purpose set forth in this agreement are not received by the Agency, or certified as expended, in accordance with Part B, Donation Transfer or Certification Schedule, the Agency may terminate this agreement and/or services funded under this arrangement e The Contributor is under no obligation to continue its donation or transfer of funds in the event that the federal funds generated by this agreement are not used consistent with the terms of this agreement f These terms and conditions may be amended by written agreement of ;Ill parties at any time ,prior to the effective end date of the nenod of service delivery as indicated on the cover sheet of this agreement, contingent upon acceptance of the amended terms and conditions by the Agency g If federal, state or local laws or other requirements are amended or judicially interpreted so as to render continued fulfillment of this agreement, on the part of any of the parties, substantially unreasonable or impossible and if the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herem, 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 h This agreement may be terminated by Contributor, the Board, or the Agency, for any reason, upon written notification to the other parties of at least 30 days in advance of such termination Local Initiative Agreement Template Page 3 of 5 Rev 4/O1 Such written notification will be sent to the Contributor's address reflected on the Child Care Local Initiatives Agreement Cover Sheet, to the Board at 616 Six Flags Dr, Arlington, Texas 76005, and to the Agency at Workforce Development Division, Child Care Department, 101 E 15'h St, Rm 130T, Austin, TX 78778-0001 Local Initiative Agreement Template Page 4 of 5 Rev 4/01 PART B - DONATION, TRANSFER OR CERTIFICATION SCHEDULE 1 Donation/Tranafer Local Share Est Amount MDate 7. 8. 9. 10. 11. 12 TOTAL Certification of E a cuec # (ertification Penod R orttn Date* Amount 1 10/1/01 $8 583.33 2 11/1/01 $8,583 33 3, 12/1/01 $8,583.33 4. 1/1/02 $8,583 33 5. 2/1/02 $8,583 33 6. 3/1/02 $8,583 33 7 4/1/02 $8,583 33 8. 5/1/02 $8,583.33 9. 6/1/02 $8,583.33 10. 7/1/02 $12,875.01 11. 8/1/02 $12,875.02 12 TOTAL $103,000 ' Explanation (if reporting dates are outside the Agreement service delivery dates) OPROVED AS TO FORM t,sTY ATTORNEY, ,STY OF DEW iGN, TEXA Local Initiative Agreement Template Page 5 of 5 Rev 4/01