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HomeMy WebLinkAbout2000-419S \Our Documents\Ordinances\00\twe agreement ord doc ORDINANCE NO a000- y 1 of AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY OF DENTON 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, 2000 to September 30, 2001, 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 SECTION 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 SECTION 3 The City Council authorizes the expenditures of funds in the manner as specified in the Agreement SECTION 4 The ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �. day of t�t)ye"g r 2000 El JI E BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY S\OurO ummu\Ordtnmm\00\TWC Ag mwt Ord dw TEXAS WORKFORCE COMMISSION Child Care Local Initiatives Agreement Cover Sheet CONTRACT NUMBER 041IX7C0335 PROGRAM NUMBER 03100IX10 NAME OF CONTRIBUTOR City of Denton CONTRIBUTOR'S ADDRESS 100 W Oak, Denton, Texas 76201 CONTRIBUTOR'S TIN OR EIN 75 6000514 TYPE OF ENTITY Unit of Government CONTRIBUTOR CONTACT BOARD CONTACT NAME Dan Leal NAME Kelley Fontenot PHONE NUMBER 940 349 7234 PHONE NUMBER 817 695 9236 FAX NUMBER 940 383 2445 FAX NUMBER 817 640 6480 E-MAIL ADDRESS DALEAL(@,cttyofdenton corn E-MAIL ADDRESS Kfonteno@dfwmfo corn SERVICES TYPE Direct Quality Child Care CHILD-CARE SERVICE Arranged through the Child Care Contractor DELIVERY RELATIONSHIP PLEDGED "MATCH" CONTRIBUTION TYPE Certification AMOUNT $133,700 The Contributor seeks to expand or enhance child care and leaning by making local funds available (as indicated above) The Contributor agrees to perform under this contract m compliance with all applicable Federal and State laws, regulations, and rules, and in accordance with the provisions of this FY 2001 Child Care Local Initiatives Agreement consisting of the following parts • Agreement Cover Sheet • Part A — Signature Page • Part B — General Contract Terms • Part C — Contribution Schedule All are hereby incorporated into this contract and constitute promised performances by the Contributor and the Board All parties understand and agree that during this agreement period the federal match _ A he, p�rbprl�t ede Medical Assistance Percentage for Texas �r _ AI Local Initiative Agreement Template Page 1 of 5 Rev 8/7/00 CHILD CARE LOCAL INITIATIVE AGREEMENT PART A: SIGNATURE PAGE SIGNATURES For the faithful performance of this contract as delineated, the parties below affix their signatures and bind their agencies effective 10/1/00 and continuing through 8/31/01 APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney T CONTRIBUTOR CITY OF NTON Signature o ^f Name chael J Title City Man ger ATTEST Jennifer Walters, City Secretary WORKFORCE DEVELOPMENT BOARD LWDA# 04 M1166 Eastland,- N COG Executive Director "In its capacity as the Board designated Grant Recipient for the North Central Texas Workforce Board" i�3/oD Date 3 Do Date _ ,,/�r4n Date —I The Texas Workforce Commission hereby accepts this pledge of funds to be used as required "match" for federal funds 6 &/` j Cassie Reed Executive Director Date Local Initiative Agreement Template Page 2 of 5 Rev 8/7/00 Y RECEIVED DEC 0 7 2000 CONTRACT SERVICES CHILD CARE LOCAL INITIATIVES AGREEMENT PART B -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 Federal regulations (45 CFR 98 53) allows 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 now have a contractual relationship with Agency for services or products of a value of $50,000 00 or greater, nor does it currently 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 To keep, and make available to the Board, upon request, records adequate to show that the local/state funds put forth in this contract are eligible for matching purposes 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 are as follows (insert service description language) • City of Denton will certify expenditures of not more than $133,700 00 through the Child Care Local Initiatives Agreement with the North Central Texas Council of Governments during fiscal year 2000-2001 (October 1, 2000 — August 31, 2001) • All funds contributed by the City of Denton will benefit children from low to moderate -income families who meet North Central Texas Workforce Development Board income eligibility limits and reside in the Denton city limits • The City of Denton Community Services Division will be responsible for overseeing the agreement with the Human Services Coordinator serving as contract administrator • The City of Denton's Human Services Committee will develop a subcommittee that may include local non- profit childcare providers, other CCMS vendors, the United Way of Denton County, social service agencies and the private sector to insure effective use of local initiatives match dollars The Committee will meet regularly to develop and assist in implementation of childcare programs using Federal match dollars • 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 limits 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 Agency d To provide the Board with data needed for federal reporting purposes upon request Local Initiative Agreement Template Page 3 of 5 Rev 8/7/00 Make payments to the Agency, or certify expenditures, in the manner and schedule described in Attachment B, Contribution or Certification Schedule 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, consistent with the intent of this agreement b To inform the certification Contributor of the time frames and procedures for certification of expenditures during the funding period c To prepare all reports to the federal government on expenditures and services in order to obtain federal matching funds d That the services covered under this agreement are only those provided in accordance with all applicable local, state and federal laws and regulations e To remit to the City of Denton the full amount of PRWORA Funds received by TWC from the federal government which are attributable to the certification by the City of Denton under this agreement 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 Attachment B, Contribution 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 fund generated by this agreement are not used consistent with the terms of this agreement e The terms and conditions may be amended by the written agreement of the parties at any time, contingent upon acceptance of the amended terms and conditions by the Agency f If federal, state or local laws or other requirements are amended or judicially interpreted so as to render continued fulfillment of this contract, 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 contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination g That this agreement may be terminated by Board, the Contributor, or the Agency, for any reason, upon written notification to the other party of at least 30 days in advance of such termination Local Initiative Agreement Template Page 4 of 5 Rev 8/7/00 PART C - CONTRIBUTION OR CERTIFICATION SCHEDULE MONTH AMOUNT # 1 11/00 7186 2. 12/00 7186 3 1/01 7186 4. 2/01 24126 5 3/01 7186. 6 4/01 7186 7 5101 7186. 8 6/01 7186 9 7/01 7186 10. 8/01 7186. 11. 9/01 44900 12 TOTAL 133,700 Local Initiative Agreement Template Page 5 of 5 Rev 8/7/00