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2001-409AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY OF DENTONl EXPENDITURES FOR CHILD CARE SERVICES AND REQUEST FEDERAL MATCHING FUNDS, AUTHOKIZING 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 Commumty Development Block Grant resources to the prowsmn of cluld care for low and moderate-income households, and WHEREAS, Federal matching funds are available subsequent to T~tle VI of the Personal Respons~blhty and Work Opportumty Reconmhat~on Act of 1996 from the Texas Workforce Commission ("TWC") based on the expenditure of C~ty of Denton funds, and these funds can be used to e~pand the avmlabfllty of child care for ehg~ble Denton households from October 1, 2001 to August 31, 2002, and WHEREAS, the Agreement w~th TWC will prowde the opportumty to obtain matclung funds and the C~ty Council deems xtm the pubhe interest to enter into th~s Agreement, and WHEREAS, the C~ty desires to use the matelung funds provided to develop programs that create addmonal day care opportumtles for low to moderate-income households, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S]~CTION 1 The C~ty Council hereby approves the Agreement attached hereto, between the Cxty 0f Denton and the Texas Workforce Comm~ssmn to cerhfy City ehfld care expendxtures and reque~st Federal matching funds, and anthonzes the C~ty Manager, to execute smd Agreement or any other document necessary to the Agreement or the program SECTION 2 The C~ty Council authorizes staff to certify the expenditure of eluld care funding as prowded m the Agreement SECTION 3 The Cxty Council authorizes the expenditures of funds in the manner as speclfiedlm the Agreement SECTION 4 The ordanance shall become effective ~mmed~ately upon tts passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \our documents\Ordman¢os\01\Texas Workforco Corn Contract TEXAS WORKFORCE COMMISSION Child Care Local initiative A~reement Cover Sheet CONTRACT PROGRAM NUMBER NUMBER City of Denton 100 W Ook, Denton, Texas 76201 GOVERNMENT .~ONTACT BOARD CONTACT ~ Leal NAME Kelley Fontenot 940 349.7234 PHONE NUMBER 817 695 9236 940.383.2445 FAX NUMBER 817 640 6480 DALEAL~eityofdenton.anm E-MAlL ADDRESS kfonteno~dfwinfo eom SERVICES Tc~E DIRECT CARE CHILD.cA]~ SERVICE CHILD ,C. ARE CONTRACTOR DELIVERY R~LATION~H!P OTHER ~, pL~DGI~.D LOCAL "MATCH" AMOUNT (BY TYPE) i" DoNatioN , TRAN~I~R CERT1FIK~ATi0N 0i~EXPENSE (LOCAL $41,025 00 CERTIFICA~I_ ON O~F EXPENSE - TOTAL (See PartfB~ Certification Schedule) $103,000 00 The Contributor seeks to expand or enhance cluld care and early learning by making local funds available (as md~cated above) The Contributor agrees to perform under this agreement in comphance wnh all applicable federal and state laws, regulauons, and roles, and m accordance with the provisions of tlus FY Child Care Local Inmatwe~ Agreement consisUng of the following parts * Agreement Cover Sheet · Part A - Oeneral Agreement Terms · Part B - DonaUon, Transfer or CerttficaUon Schedule All are hereby incorporated into this agreement and consntute promised performances by the Contributor and the Board All part,es understand and agree that durarg dus agreement period the federal matching share wall 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 anthortzed by their organizat~on to · execute th~s agreement on behalf of their orgamzet~on, and · validly and legally brad their orgamzaUon to all the terms, performances and prowsmns of this agreement For the faithful performance of this agreement as delineated, the parUes below affix their signatures and brad their agencies for a service delivery period effective 10/01/01 and conUnumg through 8/31/02 North Central Texas WORKFORCE DEVELOPMENT BOARD CONTRIBUTOR LWDA #' 04 Signature Printed Name; Michael A Conduff Mike Eastland [ Title Cit~ Manager Executive Director The Texas Workforee Commission accepts this pledge of funds to be used as required "match" for federal funds Cassle Carlson B_eed; Exeo-~tlve Director Date Local Inmat~ve Agreement Template Page 1 of 5 Rev 4/01 CHILD CARE LOCAL INITIATIVES AGREEMENT PART A -GENERAL AGREEMENT TERMS SECTION 1 Legal Authonty The Texas Workforce Counmsslon (the Agency) is the lead agency m Texas for the admunstrat~on of child care and development funds available under Title VI of the Personal Responslbd~ty and Work Opportunity Reconciliation Act of 1996, (42 U S C §9801, et seq ) Federal regulaU0ns (45 Code of Federal Regnlat~ons 98 53) allow the Agency to accept donaUens from any enUty and transfers or cemflcations of fund avatlablhty from public agencies that may be used as match for available federal funds SECTION 2 The Contributor, by execntmg this agreement, certffies that a It is not currently a party to an admimstrat~ve proceeding pending before the Agency The parties to this agreement, furthermore, understand and agree that if the Contributor should become a patty to an admunstrat~ve proceeding before the Commasslon prior to acceptance of this agreement by the Agency, this agreement shall be void b The Contributor does not currently O 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 wluch relates solely to providing child care services c Upon exeantlon of this agreement, the Contnbntor shall not enter into a contract with the Agency or subrmt a bid m response to a request for proposal assued 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 cluld 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 local/state funds put fo~h in tins 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 m accordance with all apphcable local, state and federal laws and regulations Such servmes covered by this agreement and funded m accordance with Section 4 (a) or (b) below are as follows (msert~servme description language) The City of Denton will certify expenditures of not more than $103,000 00 through the Child Care Local Imtiatlves agreement with North Central Texas Conncd of Governments dunng fiscal year 2001-2001 (October 1, 2001 - August 31, 2002) All funds cerafied by the City of Denton will benefit children from low to monderate-mcome fanuhes who meet North Central Texas Workforce Development Board income eligibility lmuts and reside m the Denton city lmuts 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 farmhes who meet North Central Texas Workforce Development Board income ehgrbthty lumts and reside m the Denton city lnnits c To provide the Board with information detailing services and expenchtures m the format and within the tune frames prescribed by the Board d To provide the Board with data needed for federal reporting purposes upon request e Subunt checks made payable to the ~gency to the Board , or certify expenditures m the manner and schedule described m Part B, Donation. Transfer or Certfficat~on Schedule Local Imitative 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 servlces~ including quality enhancement activities, within the local workforce development area consistent with the mtent of tins agreement Any resllltmg federal funds will be based on the U S Department of Health and Human Services, Admuustration on Children and Fanuhes federal matching rate current at the tune of the contribution or transfer b To ensure expen/htures resulting from a certification of expense by the Contributor (if applicable) represents expenditures ehglble 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 Farmhes federal matching rate current at the time the Contributor's expenditures are certified c To ~nform the certification Contributor of the tune frames and procedures for certification of expenchtures during the funding penod d To subnut monthly expenditure reports to the Agency m accordance with Part B, Donation, Transfer or Certification Schedu!e e To subrmt 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 terrmnation 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 m accordance with all applicable local, state and federal laws and regulations SECTION 5 The Board and the Contributor agree as follows a That pqrformance under tins agreement is contingent upon the f'mal acceptance of this agreement m an open meeting by a majority of the Comunssloners of the Agency and signature by the executive d~rector of the Agency b That agreed upon local operating plans and procedures, which must be in compliance with Agency pohcies and procedures, will be used to unplement and carry out the terms and intent ofthts agreement c That this agreement is cotumgent upon the avallabthty 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 ~n this agreement are not received by the Agency, or certified as expended, m accordance with Part B, ~onation. Transfer or Cemfication Schedule. the Agency may ternunate this agreement and/or services funded under this arrangement e The Contributor is under no obhgation to continue its donation or transfer of funds m the event that the federal funds generated by this agreement are not used consistent with the terms of tins agreement f These terms and conditions may be amended by written agreement of ~11 parties at any time pn0r to the effective end date of the oenod of se~,lCe dehverv as md~cated on the cover sheet of this agreement, contmgant 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 tins agreement, on the part of any of the parties, substantially unreasonable or unposslble and if the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial contmnation of the services contemplated hereto, the parties shall be discharged from any further obhgattons created under the terms of this agreement, except for the equitable settlement of the respective accrued interests or obhgations recurred up to the date of termination h This ~greement 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 Imtiative Agreement Template Page 3 of 5 Rev 4/01 Such written nottficat~on will be sent to the Contributor's address reflected on the Child Care Local Imtmt~ves Agreement Cover Sheet, to the Board at 616 Slx Flags Dr, Arhngton, Texas 76005, and to the Agency at Workforce Development D~wslon, Child Care Department, 101 E 15th St, Rill 130T, Austm, TX 78778-0001 Local Imttat~Ve Agreement Template Page 4 of 5 Rev 4/01 PART B - DONATION, TRANSFER OR CERTIFICATION SCHEDULE 1 Donation/Transfer ~L0~cal Shar~ ' # Don,t, on/Transfer Dat~ Est Amount 1. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. in TOTAL 2 Certification of Ex # Certification Period Roportm~ 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/I/02 $8,583.33 10. 7/1/02 $12,875.01 11. 8/1/02 $12,875.02 12 TOTAL $103,000 * Explana~on (ff reporting dates are outside thc Agreement service delivery dates) t3PROVEO AS TO FORM ATTORNEY, OF DE~C[q, TEXA~, Local Imttattve Agreement Template Page 5 of 5 Rev 4/01