HomeMy WebLinkAboutContract 54900 CSC No.54900
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract("Contract")is made and entered into by and between the City of Fort Worth
(hereafter "City") and AB Christian Learning Center (hereafter "Agency"), a Texas non-profit
corporation. City and Agency may be referred to individually as a "Party" and jointly as "the
Parties".
The Parties state as follows:
WHEREAS, City has received funding through the Coronavirus Relief Fund of the
Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Title V ("CARES
Funds"), to pay for necessary expenditures that are incurred due to the public health emergency
posed by the COVID-19 pandemic and that meet eligibility criteria;
WHEREAS, the COVID-19 pandemic has negatively impacted nonprofit organizations
and disadvantaged populations in the City of Fort Worth;
WHEREAS, Tarrant County has established a Non-Governmental Organization (NGO)
Program to provide assistance to nonprofit organizations affected by the COVID-19 pandemic;
WHEREAS, City desires, in collaboration with Tarrant County's process, to allot CARES
Funds to eligible NGOs that (i) provide direct social services programs within the City to
individuals who have demonstrated COVID-19-caused need (such as inability to pay for food,
housing or other basic necessities due to change in circumstances caused by the pandemic) and/or
(ii) have necessary expenditures associated with responding to the COVID-19 Pandemic (such as
providing personal protective equipment to NGO staff, the public, or both);
WHEREAS,City has reviewed NGO applications received by Tarrant County and referred
to City for consideration;
WHEREAS, NGOs that serve individuals within the City and outside the City but within
Tarrant County may receive funds from both entities with allocation based on population
distribution between the jurisdictions or other appropriate cost allocation method based on
available data.
NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to the terms
and conditions hereinafter stated, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and form
the basis upon which the Parties have entered into this Contract.
OFFICIAL RECORD
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT p CITY SECRETARY
AB CHRISTIAN LEARNING CENTER FT. WORTH, TX
2. DEFINITIONS.
In addition to terms defined in the recitals and the body of this Contract,the terms set forth
below shall have the definitions ascribed to them as follows:
CARES Funds means funds provided to the City of Fort Worth through the Coronavirus Relief
Fund authorized under Title V of the Coronavirus Aid, Relief, and Economic Security Act
(CARES)Act.
Complete Documentation means cost and performance documentation supporting expenditures
for provision of direct assistance to Fort Worth residents including:
• Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing that payment is due by Agency.
• Proof of payment: cancelled checks,bank statements,wire transfers,or similar
financial records involving a third party and demonstrating amounts were
actually paid by Agency.
• Proof of Direct Assistance: list of beneficiaries of assistance with time and
location of service provision, in the format provided on Exhibit C or similar
format approved in writing by City.
• Any other document or record reasonably necessary to verify costs spent
respond to the public health emergency.
Complete Documentation must meet the standards described in the attached EXHIBIT
"G" - Standards for Complete Documentation.
NOTE - For the purposes of the Final Reimbursement Request, initial submission may
consist of Proof of Expense and Proof of Direct Assistance with remaining documentation
to follow no later than January 31, 2021.
Director means the Director of the Neighborhood Services Department.
Duplication of Benefits means receipt of financial assistance from multiple sources (including
this Contract) for the same purpose such that the total assistance received for that purpose is more
than the total need for assistance for that purpose. Duplication of Benefits includes, but is not
limited to, instances when the same costs are charged to both Tarrant County and the City of Fort
Worth.
Effective Date means March 1, 2020, the earliest date to which an expense can relate and be
eligible for CARES Funds under the terms of the CARES Act.
Eligible Expense means one that is (1) incurred by the Agency between March 1, 2020 and
December 20, 2020; (2) not previously budgeted; and (3) necessary due to the COVID-19 public
health emergency and is made either (A) in providing social services programs within the City to
individuals who have demonstrated COVID-19-caused need (such as inability to pay for food,
housing or other basic necessities due to change in circumstances caused by the pandemic) and/or
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(B) in paying necessary expenditures of the Agency in responding to the COVID-19 Pandemic
(such as costs of personal protective equipment provided to the public or to Agency's employees
and volunteers).
Neighborhood Services Department means the City's Neighborhood Services Department.
Non-Profit Assistance Criteria means the criteria by which the City approves and rejects
applications, including the guiding principles for the use of CARES Funds as specified in M&C
20-0587 approved by City Council of the City of Fort Worth on August 25, 2020 and applicable
City Nongovernmental Assistance program policies and procedures,which include the following:
• CARES funds may not be not used for revenue replacement;
• CARES funds may not be used for duplication of benefits;
• CARES funds
o will be used to provide direct assistance to Fort Worth beneficiaries that
is needed due to the public health emergency; and/or
o are used for direct public-health-related costs of responding to the
public health emergency.
OIG means the Office of the Inspector General for the U.S.Department of the Treasury,the federal
entity authorized to receive performance reports on, and administer and oversee the Coronavirus
Relief Fund.
OMB means the Office of Management and Budget.
Performance Report means a document that is substantially in the form attached hereto as Exhibit
"C" and that lists each unique client or beneficiary served by the Program at least once during the
Eligibility Period. A client served by the Program more than once in the Eligibility Period may
only be counted the first time they are served when determining the total count of beneficiaries
served on the Agency's final Performance Report.
Program means the services described in EXHIBIT "A"—Program Summary.
Reimbursement Request means a form from the Agency seeking payment from the City and
accompanied by all necessary reports and other documentation described in Section 9.
3. TERM.
This Contract begins on execution and expires on December 20, 2020 unless earlier
terminated as provided in this Contract (the "Initial Term") and covers eligible expenditures
incurred between the Effective Date and December 20, 2020 (the "Eligibility Period"). At the
City's sole discretion based on Agency performance and changes in federal law,this Contract may
be extended for one or more Renewal Terms, with the duration of any such Renewal Term to be
documented in a mutually signed writing of the Parties. The Initial Term and all Renewal Terms
may be referred to collectively as the "Contract Term."
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4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CARES Funds.
City shall provide up to $173,500.00 of CARES Funds under the terms and conditions of
this Contract.
CARES Funds will be provided to Agency for Eligible Expenses, up to a total of$173,500.00,
upon receipt of Complete Documentation. Final Reimbursement Request must be received by the
City no later than December 20, 2020. FAILURE OF AGENCY TO TIMELY SUBMIT THE
FINAL REIMBURSEMENT REQUEST WILL CONSTITUTE A BREACH OF THE
CONTRACT AND WILL RELIEVE CITY OF ANY RESPONSIBILITY TO REIMBURSE
COSTS ASSOCIATED WITH SUCH REQUEST. Funds will not be disbursed by City for
Agency's Final Reimbursement Request until remaining Complete Documentation items
(Proof of Payment and other applicable documentation) have been received by City.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary. Monitoring by City will include review of Performance
Reports and cost documentation to verify that Agency is meeting the Non-Profit Assistance
Criteria and requirements of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A"—Program Summary
and in accordance with the terms and conditions of this Contract.
5.2 Use of CARES Funds.
5.2.1. Compliance with CARES Act and Contract.
Agency shall be reimbursed for Program costs with CARES Funds only if City determines
in its sole discretion that:
5.2.1.1 Costs are Eligible Expenses;
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation,as applicable,is submitted to City by Agency
5.2.2 Budget.
5.2.2.1 The CARES Funds will be paid on a reimbursement basis in accordance
with EXHIBIT `B" - Budget.
5.2.2.2 Duplication of Benefits
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Agency will ensure that no Duplication of Benefits occurs in delivery
of Program. To the extent that costs of Agency Program are shared with
the Tarrant County CARE4Tarrant NGO Assistance Program or any
other funding source representing federal dollars, Agency will ensure
(i) that separate accounting codes are established for each funding
source, including separate codes for Coronavirus Relief Funds (CRF)
received from City and from County,and(ii)that expenses paid for with
City of Fort Worth CRF Funds are not paid with Tarrant County CRF
funds or any other funding source.
5.2.3 Change in Program Budget
5.2.3.1 Agency will notify City promptly of any additional funds it receives for
operation of the Program, and City reserves the right to amend this
Contract in such instances to ensure that Duplication of Benefits does
not occur in violation of the Stafford Act.
5.2.3.2 Agency agrees to utilize the CARES Funds to supplement rather than
supplant funds otherwise available for the Program.
5.2.4 Prerequisite to Payment
Agency must provide City with its DUNS number prior to the payment of any CARES Funds.
5.2.5 Payment of CARES Funds to Agency.
CARES Funds will be disbursed to Agency upon City's approval of Reimbursement
Requests (accompanied by Complete Documentation in compliance with Section 9). It is
expressly agreed by the Parties that any CARES Funds not spent in compliance with this Contract
or approved for reimbursement to Agency shall remain with City.
5.3 Program Performance Milestones.
5.3.1 Agency represents that the Program will achieve the performance milestones
established in EXHIBIT "A"—Program Summary
5.3.2 Failure of Agency to meet the milestones established in Exhibit A or a material
deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of
this Section, "material deviation" shall mean failing to meet the specified goal by a variance of
20% or more. In the event of such breach, City reserves the right in its sole option to (i) delay or
withhold payment of Reimbursement Requests, or (ii) reduce funding, or (iii) terminate this
Contract.
5.4 Identify Program Expenses Paid with CARES Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with CARES Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder. Accounts and
records shall utilize separate account codes to clearly distinguish between Program expenses
reimbursed through City of Fort Worth CARES Funds and any other sources of funds (including,
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but not limited to, Tarrant County CARES Funds).
5.5 Meet Non-Profit Assistance Criteria.
Agency shall ensure that the activities carried out in the Program meet the Non-Profit
Assistance Criteria.
5.6 Program Subcontracts.
Agency may not enter into a subcontract with another agency, contractor, or vendor to
provide a service to clients for any part of the Program that will be paid with CARES Funds without
City's written consent. If Agency enters into a non-approved subcontract, expenses under such
agreement may be ineligible for reimbursement, regardless of whether they otherwise meet the
criteria to be considered Eligible Expenses.
6. PROGRAM AND CLIENT ELIGIBILITY VERIFICATION.
6.1.1 Program Eligibility.
Agency will document program eligibility for City CARES Funds by maintaining records
that demonstrate the need for the service was and is directly related to the Coronavirus Public
Health Emergency, as follows
• 1) Records showing that all expenses are in accordance with Non-Profit
Assistance Criteria, and
• 2)
(a) Records showing a significant change in or increase in service levels
provided and service levels demanded, directly caused by the public health
emergency,compared to average service levels prior to March 2020, and/or
(b) Records showing a significant change in nature or method of service
provision compared to nature and method of service provision prior to
March 2020, and
• 3) Records showing that costs incurred were not in Agency's Board-approved
budget for the 2020 fiscal year, and
• 4)Records listing each unique Fort Worth beneficiary of direct assistance paid
for with City CARES Funds.
6.1.2 Client Eligibility.
Agency must maintain records documenting client eligibility for Program as required by
Agency's Program policies and procedures, and as further described in Exhibit "A" — Program
Summary. For programs providing direct financial assistance to clients, Agency must document
client eligibility for CARES Act assistance by maintaining records documenting how client need
is directly related to and/or caused by the Coronavirus Pandemic, as well as such other eligibility
documentation as required by Agency policies and procedures and further described in Exhibit
"A"—Program Summary.
6.2 Submission of Program or Client Eligibility Documentation.
Agency must submit copies of documentation of program or client eligibility as requested
by City for subrecipient and program monitoring purposes as required by 2 CFR 200.330 through
332. To the extent that Agency is receiving CARES Funds from both City and Tarrant County
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for Program, Agency may be required to submit program documentation demonstrating that
allocation of costs is appropriate based on the best information available regarding proportion of
benefits received by residents of Fort Worth and Tarrant County residents outside Fort Worth.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for 5 years
following the expiration of the Contract Term. This Section shall survive the earlier termination
or expiration of this Contract.
7. ADDITIONAL CARES FUNDS REQUIREMENTS.
7.1 Compliance with Federal Requirements
Agency agrees to comply with all requirements of the CARES Act and associated federal
regulations and guidance as of the date of contract execution as well as any future requirements
established by U.S. Department of the Treasury or other federal government agency regarding
CARES Funds, provided that compliance with future requirements shall be effective on Agency
receiving notification of such additional requirements from City. Failure to make good faith efforts
to comply with such future federal requirements shall be grounds for reduction of award or
termination of this Contract. Agency's failure to comply with requirements of the CARES Act
and associated federal regulations and guidance may result in Agency being required to repay the
funds.
7.2 Monitoring.
7.2.1 Agency understands and agrees that its actions throughout the Contract
Term and Eligibility Period will be subject to monitoring by City for compliance with terms and
provisions of this Contract, the CARES Act, and federal regulations and guidance. Agency is
subject to such monitoring during the Contract Term and for a period 5 years following the end of
the Contract Term. Agency will provide reports and access to Program files as requested by City
or federal auditors during the Contract Term and 5 year period. For purposes of this Contract,the
5 year period is deemed to begin on the first day after the date on which the Contract Term (both
Initial Term and all Renewal Terms) expires or is terminated and to end on the fifth anniversary
of that date.
7.2.2 Representatives of City, the U.S. Department of the Treasury, the Treasury
Department Office of Inspector General, the United States Comptroller General, and any other
City or federal auditors shall, upon 48 hours' prior notice, have access during regular business
hours to Agency's offices and records pertaining to the use of the CARES Funds and to Agency's
officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.2.3 In addition to other provisions of this Contract regarding monitoring, City
reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the
terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in
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Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for subsequent reimbursements to be forfeited and/or suspension or termination of
this Contract as provided herein.
7.2.4 Subsections 7.2.1 through 7.2.3 shall be applicable for the Contract Term
and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract.
7.2.5 Agency shall provide City the results of any state or federal monitoring of
this Contract that is conducted during the Contract Term or the 5 year period. Such results shall
be submitted within 30 days of receipt of such state or federal monitoring report.
7.3 Agency Procurement Standards.
7.3.1 Agency shall document that it has established written procurement
procedures to ensure that materials and services purchased with CARES Funds are obtained in a
cost effective manner subject to full and open competition as feasible given the circumstances of
the public health emergency.
7.3.1 Contracts in excess of$10,000.00 made by Agency using CARES Funds
must address termination for cause and convenience including the manner by which such
termination shall be effected and the basis for settlement of the terminated contract, if any, as
required by Appendix II (B), 2 CFR Part 200.
7.3.2 Agency shall not make any contract with parties listed on the government
wide System for Award Management,www.sam.gov("SAM"). Agency must confirm by written
documentation of a search of SAM for each contractor paid with CARES Funds showing that the
individual or entity is not listed by SAM as being debarred, both prior to hiring and prior to
submitting a Reimbursement Request which includes invoices from any such contractor. Failure
to submit such proofs of search shall be an event of default and may result in such costs not
being subject to reimbursement even if they otherwise meet criteria as Eligible Expenses.
7.4 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CARES Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with Agency's established policies and procedures for procurement and cost
reasonableness, taking into account the nature of the public health emergency as a relevant factor
for consideration of reasonableness of particular costs.
7.5 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees
to maintain and utilize adequate internal controls as required by Section 7.12 of this Contract,
including such necessary accounting principles and procedures as are needed to maintain necessary
supporting and back-up documentation for all costs incurred as may be required in order to comply
with 2 CFR 200 Subpart F regarding Audits.
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7.5.1 Prohibition of Duplication of Benefits
Agency agrees to comply with Section 312 of the Stafford Disaster Relief and
Emergency Assistance Act which prohibits the duplication of benefits or financial assistance to
people or entities affected by a federally declared emergency. Agency agrees to establish and
maintain adequate procedures to prevent any duplications of benefits with CARES funds —
including duplication of benefits received through the Tarrant County CARE4Tarrant Program,
and the City's CDBG-CV, ESG-CV, or HOPWA-CV programs—or with any other federal funds.
7.6 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will maintain adequate administrative and record-keeping systems sufficient to
provide the City with adequate documentation needed to comply with 2 CFR 200.330 regarding
Subrecipient Management and with the Audit Requirements for Federal Awards in 2 CFR Subpart
F, or any reasonably equivalent procedures and requirements that City may require.
7.7 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are
in any way paid with CARES Funds or who perform any work in connection with the Program.
Agency shall cause all applicable provisions of this Contract to be included in and made a part of
any contract or subcontract executed in the performance of its obligations hereunder including its
obligations regarding the CARES Act. Agency shall monitor the services and work performed by
its contractors, subcontractors and vendors on a regular basis for compliance with the CARES Act
and Contract provisions. Agency must cure all violations of the CARES Act committed by its
contractors, subcontractors or vendors. City maintains the right to insist on Agency's full
compliance with the terms of this Contract and the CARES Act, and Agency is responsible for
such compliance regardless of whether actions taken to fulfill the requirements of this Contract are
taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges
that the provisions of this Section shall survive the earlier termination or expiration of this Contract
and shall be applicable for 5 years after the Contract Term ends.
7.8 Conflict of Interest Disclosure.
Consistent with the internal controls requirements to maintain ethical standards established
as required by Section 7.12 of this Contract,Agency shall establish conflict of interest policies for
federal awards including use of CARES Funds.
No member of Agency's governing body or management structure may receive
personal pecuniary benefit—directly or indirectly—from Agency's receipt of CARES Funds
from the City with the exception of reimbursement of expenditures or payment of salary that
meets criteria as an Eligible Expense, including the requirements that such costs were
otherwise unbudgeted. This restriction shall extend and apply to an individual who is related
to a member of Agency's governing body or management structure within the second degree
of consanguinity or affinity.
Agency shall disclose to City in writing any potential conflict of interest regarding use of
CARES Funds or other federal funds.
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7.9 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on
executive compensation and provisions governing whistleblower protections contained in 41
U.S.C. 4712, 41 U.S.C. 4304 and 41 U.S.C. 4310.
7.10 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.10.1 Establish and maintain effective internal controls over the CARES Funds that
provide reasonable assurance that Agency is managing the CARES Funds in compliance with
federal statutes,regulations, and the terms and conditions of this Contract. These internal controls
shall be in compliance with guidance in "Standards for Internal Control in the Federal
Government" issued by the Comptroller General of the United States or the "Internal Control
Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway
Commission ("COSO");
7.10.2 Comply with federal statutes, regulations, and guidelines and the terms and
conditions of this Contract;
7.10.3 Evaluate and monitor Agency's compliance with statutes,regulations and the terms
and conditions of this Contract;
7.10.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.10.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that City or federal government designates as sensitive or
Agency considers sensitive consistent with applicable federal, state,local and tribal laws regarding
privacy and obligations of confidentiality.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this Contract
and shall promptly provide City with copies of any document City deems necessary for the
effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency
will keep or cause to be kept an accurate record of all actions taken and all funds spent that relate
to this Contract, with supporting and back-up documentation. Agency will maintain all records
and documentation related to this Contract for 5 years after the Contract Term(including any and
all Renewal Terms) ends. If any claim, litigation, or audit is initiated before the expiration of this
5 year period, the relevant records and documentation must be retained until all such claims,
litigation or audits have been resolved. For purposes of this Contract,this 5 year period for record
retention is deemed to begin on the first day after the date on which the Contract Term(both Initial
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Term and all Renewal Terms) expires or is terminated and to end on the fifth anniversary of that
date.
8.2 Access to Records.
City representatives and any duly authorized officials of the federal government will have
full access to, and the right to examine, audit, excerpt and/or transcribe any of Agency's records
pertaining to all matters covered by this Contract throughout the Performance Period and for 5 years
thereafter. Such access shall be during regular business hours upon at least 48 hours prior notice.
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract in such
form as City may prescribe. No later than January 31, 2021, Agency shall be required to submit a
final performance and a final financial report at the termination of this Contract in such form as
City may prescribe. Failure to submit to City any report or documentation described in this
Contract shall be an event of default of this Contract and City may exercise all of its remedies
for default under this Contract.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
will notify Agency in writing at least 15 days prior to the effective date of such change, and the
Parties shall execute an amendment to the Contract reflecting such change if necessary.
8.5 Audit.
8.5.1 Entities that Expend$750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award(s), must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared
by an independent certified public accountant,be completed within 6 months following the end of
the period being audited and be submitted to City within 30 days of its completion. Agency's audit
certification is attached hereto as EXHIBIT "C" — "Audit Certification Form" and "Audit
Requirements". The Audit Certification Form must be submitted to City prior to or with the
first Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are
exempt from federal audit requirements for that year, but records must be available for review or
audit by appropriate officials of the federal agency, City, and General Accounting Office.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and finances at
any time during the term of this Contract and for 5 years after the Contract Term (including any
and all Renewal Terms)ends if City determines that such audit is necessary for City's compliance
with the CARES Act or other federal or City policies. Agency agrees to allow access to all
pertinent materials as described herein for such audit. For purposes of this Contract, this 5 year
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period for City audit is deemed to begin on the first day after the date on which the Contract Term
(both Initial Term and all Renewal Terms) expires or is terminated and to end on the fifth
anniversary of that date. If such audit reveals a questioned practice or expenditure, such questions
must be resolved within 10 business days after notice to Agency of such questioned practice or
expenditure. If questions are not resolved within this period, City reserves the right to withhold
further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT
OF ANY AUDIT OR OTHER REVIEW, IT IS DETERMINED THAT AGENCY HAS
FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR
MISAPPROPRIATED CARES FUNDS OR SPENT CARES FUNDS ON ANY
INELIGIBLE ACTIVITIES,AGENCY AGREES TO REIMBURSE CITY THE AMOUNT
OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTION,PENALTY,OR OTHER
CHARGE LEVIED AGAINST CITY BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1.1 Deadline for Submitting Reimbursement Requests.
Reimbursement Requests shall be submitted to the City no less often than monthly and (with the
exception of the initial Reimbursement Request, which may include activities related back to the
beginning of the Eligibility Period) must be received by the City on or before the 15th day of the
month following the month expenses were paid by Agency. For example, the Reimbursement
Request for October expenses must be received by November 15. In the event the 15th falls on a
weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open
for business. For reimbursement of previously incurred expenses paid by Agency from the
beginning of the Eligibility Period through September 30, 2020 exclusively, the Reimbursement
Request must be received no later than 30 days after the date of execution of this Contract. Failure
to submit a Reimbursement Request in a timely fashion will result in City taking the actions
outlined in Section 10.2. If expenditures exceed $20,000 per month, Agency may elect to submit
two reimbursement requests per month, with the first reimbursement request being submitted on
the 15th of the month covering expenses paid from the 16th through the end of the preceding month,
and the second reimbursement request being submitted on the 30th of the month covering expenses
paid in the first 15 days of the month. Agency must advise City in writing no later than 15 days in
advance, of their intent to submit two reimbursement requests for any month during the Contract
Term.
9.1.2 City will notify Agency by e-mail if a Reimbursement Request is lacking Complete
Documentation or corrections are needed. If Agency fails to submit all the required information or
missing documentation by the seventh calendar day after receipt of such notice, Agency may, at
the City's sole discretion, forfeit any payments otherwise due that month, and failure to submit
any requested information may, at the City's sole discretion, be considered an event of default as
outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following reports
as shown in EXHIBIT "D"—Reimbursement Forms with each Reimbursement Request:
9.2.1 Attachment D-1 —Invoice.
This report shall contain the amount requested for reimbursement each month or partial
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month, the cumulative reimbursement requested to date (inclusive of that month's full or partial
request).
9.2.2 Attachment D-2—Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and shall
include the Account corresponding the expense to a Budget line item. In order for this report to
be complete the following must be submitted:
9.2.2.1 For payroll expenses,timesheets signed by employees and approved by
supervisor for all payroll expenses listed. Timesheets must distinguish
between CARES Funds-funded time and non-CARES Funds funded
time and reflect actual time spent on CARES Funds-funded activities.
Payroll expenses dated from the beginning of the Eligibility Period
through September 30, 2020 must be submitted for Reimbursement no
later than 30 days after the date of execution of this Contract. All such
previously incurred expenses must be listed as such on Exhibit B,
Budget.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
explanation as to how the invoiced expense pertains to the Program.
With the exception of the initial Reimbursement Request, Agency may
not submit invoices dated 60 or more calendar days prior to the date of
the Reimbursement Request. Invoices for non-payroll expenses from
the beginning of the Eligibility Period through September 30,2020 must
be submitted for Reimbursement no later than 30 days after the date of
execution of this Contract. All such previously incurred expenses must
be listed as such on Exhibit B, Budget.
9.2.2.3 Proof that each expense was paid by Agency, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid
receipts,bank statements, or other appropriate documentation of a third
party financial entity.
9.2.2.3.1 Proof of payment and any other remaining documentation for
expenses incurred in the month of December, must be submitted by
Agency no later than January 31, 2021. Failure to submit such
documentation will be grounds for City to deny reimbursement of the
expense.
9.2.3 Exhibit C, Performance Report Form
By the fifteenth day of the each month (or the first business day thereafter if the fifteenth
falls on a weekend or City holiday) and with the exception of the initial report, Agency
shall submit a monthly performance report in substantially the same form as the one
attached hereto as Exhibit "C." Each report shall list each Client, household, or entity
served during the month along with date of service and residency information or
geographic location, and with applicable demographic information, if available. Agency
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shall submit its initial performance report for the period between the beginning of the
Eligibility Period and the date on which the Contract is executed no later than the 30th day
after the date on which this Contract is executed. Agency shall maintain a full listing of
all clients or entities served throughout the Contract period, combining all monthly reports
and provide such full list with the final Reimbursement Request or with proof of payment
for the final Reimbursement Request. Agency Performance Report may include additional
information as applicable and as further described in Exhibit A, Program Summary.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through required software system
approved by City or in other manner required by City by the deadline(s) in Section 9.1.1.
9.3 Withholding Payment.
Failure to timely submit accurate and complete Reimbursement Requests and
Complete Documentation along with any required reports shall be an event of default and
may result in payment being delayed or not made at all, as determined in City's sole
discretion.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section
9, Agency shall be in default of this Contract. City will notify Agency in writing of such default,
and the Agency will have 5 calendar days from the date of the written notice to submit all necessary
documentation to cure the default. If Agency fails to cure the default within such time, Agency
may, at the City's sole discretion, forfeit any payments otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing documentation as
set forth in Section 9.1.2, then Agency may forfeit reimbursement for the costs not completely
documented, and the failure to submit shall be considered an event of default that cannot be cured.
10.1.3 In the event of(i)an uncured default under Section 10.1.1 or an event of default
under 10.1.2 or (ii)more than 2 instances of default, cured or uncured, under these Sections, City
reserves the right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be required to
pay any CARES Funds to Agency for any Reimbursement Request (i) for which any report or
documentation is not in compliance with this Contract and/or the CARES Act and related federal
regulations or guidance or(ii)during any period during which Agency is in default of this Contract.
10.1.5 In the event of termination under this Section 10.1, all CARES Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited, and Agency shall
have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and Documentation.
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If the City determines, in its sole discretion, that the Agency fails to maintain and submit
all records, reports, and documentation as required under this Contract, or the records, reports, or
documentation are not in compliance with this Contract and/or the CARES Act and related federal
regulations and guidance, City will notify Agency in writing, and Agency will have 30 calendar
days from the date of the written notice to obtain or recreate the missing records and documentation
or submit or resubmit any such report or documentation to City. If Agency fails to maintain the
required reports or documentation or fails to submit or resubmit any such report or documentation
within such time, City shall have the right to terminate this Contract effective immediately upon
written notice of such intent with no penalty or liability to City.
10.2.1 In the event of termination under this Section 10.2, all CARES Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall
have no further right to such funds, and any CARES Funds paid to Agency must be repaid to City
within 30 days of termination. If such CARES Funds are not repaid to City within the 30 day
period, City shall exercise all legal remedies available under this Contract.
10.3 In General.
10.3.1 Subject to Section 10.1, and unless specifically provided otherwise in this
Contract,Agency shall be in default under this Contract if Agency breaches any term or condition
of this Contract. In the event that such a breach remains uncured after 15 calendar days following
written notice by City (or such other notice period as may be specified herein) or, if Agency has
diligently and continuously attempted to cure following receipt of such written notice but both
Parties mutually and in good faith agree that Agency reasonably requires more than 15 calendar
days to cure, City shall have the right to elect in City's sole discretion to (i) extend Agency's time
to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to
Agency with no penalty or liability to City, or(iii)pursue any other legal remedy available to City
under this Contract or applicable law.
10.3.2 City's remedies may include, but are not limited to:
10.3.2.1 Directing Agency to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
10.3.2.2 Directing Agency to repay all CARES Funds previously paid to
City, or directing Agency to repay any CARES Funds previously
paid to Agency which are later found to be inadequately
documented.
10.3.2.3 Declining to reimburse any further costs presented by Agency in
subsequent Reimbursement Requests;
10.3.2.4 Taking any other action the City deems appropriate, including but
not limited to any remedial action legally available such as seeking
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declaratory judgment, recovery of payment, administrative
remedies, specific performance, damages, temporary or permanent
injunctions, termination of this Contract or any other contracts with
Agency, and any other available remedies.
10.3.3 In the event of termination under this Section 10.3, all CARES Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited, and Agency shall
have no further right to such funds, and any CARES Funds already paid to Agency must be repaid
to City, in accordance with written instructions from the City, within 30 days of the termination.
Failure to repay such CARES Funds within the 30 day period will result in City exercising all legal
remedies available under this Contract.
10.4 No Funds Disbursed while in Default.
Agency understands and agrees that no CARES Funds will be paid to Agency until
all outstanding defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any payment for work undertaken after the date of the termination.
10.6 Rights of City Not Affected.
Termination shall not affect or impair any of the existing rights of City against Agency
under provisions of this Contract that, by their terms, survive termination or otherwise, or which
may thereafter accrue as a result of Agency's default. This provision shall be in addition to any
and all other rights and remedies available to City under the law. No delay or omission by City in
exercising any right or remedy available to it under this Contract shall impair any such right or
remedy or constitute a waiver or acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent default or breach of the same or any other term,covenant
or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties, including,but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default, inability, or
failure to perform-subject to notice and cure periods where specified. In the event City terminates
this Contract for cause, all CARES Funds awarded but unpaid to Agency pursuant to this Contract
shall be immediately forfeited, and Agency shall have no further right to such funds, and any
CARES Funds already paid to Agency must be repaid to City, in accordance with written
instructions from the City, within 30 days of termination. Failure to repay such CARES Funds
within 30 days will result in City exercising all legal remedies available to City under this Contract.
AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS
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CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY MAY NOT
BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CARES FUNDS FOR A
MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide CARES Funds
substantially in accordance with this Contract.
10.10 Termination for Convenience.
In accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated for
convenience, in whole or in part, only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree upon
the termination conditions, including the effective date and, in the case of partial termination, the
portion to be terminated; or
10.10.2 By Agency upon at least 30 days' written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the portion
to be terminated. In the case of a partial termination,City may terminate the Contract in its entirety
if City determines in its sole discretion that the remaining portion of the Contract to be performed
or CARES Funds to be spent will not accomplish the purposes for which the Contract was made.
10.11 Dissolution of Agency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the
event of termination under this Section, all CARES Funds are subject to repayment and/or City
may exercise of all of its remedies under this Contract.
10.12 Reversion of Assets.
In the event this Contract is terminated with or without cause,all assets acquired by Agency
with the CARES Funds, including cash, interest payments from loans or otherwise, all outstanding
notes, mortgages or other security instruments, any accounts receivable attributable to the use of
the CARES Funds, and any real or personal property owned by Agency that was improved with
the CARES Funds shall automatically transfer to City or to such assignee as City may designate.
11. REPAYMENT OF CARES FUNDS.
All CARES Funds are subject to repayment in the event the Program does not meet the
requirements of this Contract or the CARES Act or applicable federal regulations or guidelines.
If Agency takes any action that results in the City being required to repay all or any portion
of the CARES Funds to the United States federal government, Agency agrees it will
reimburse City for such repayment. If Agency takes any action that results in City receiving
a finding from the Office of the Inspector General for the U.S.Treasury Department or other
reviewing entity with regard to the Program,whether or not repayment of all or any portion
of the CARES Funds is required of City, Agency agrees City may require that Agency pay,
out of its separate funds, an amount equal to 10% of the CARES Funds as liquidated
damages. The Parties agree that City's damages in the event of a finding by the federal
government being are uncertain and would be difficult to ascertain and may include an impact on
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City's other federal grant funds as well as any required repayment of funds to the federal
government by City. Therefore, the Parties agree that payment to City under this Section of an
amount of Agency's separate funds that equals 10% of the CARES Funds provided under this
Contract is appropriate as liquidated damages and does not constitute a penalty.
12. CHANGE IN NON-PROFIT STATUS.
Agency must provide City with written notification of any changes to its non-profit status
within 15 calendar days of Agency's being notified of the change. Regardless of notice by Agency,
if the non-profit status of Agency changes after the date of this Contract, City may, but is not
obligated to,terminate this Contract. In the event of termination under this Section 12, all CARES
Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately forfeited,
and Agency shall have no further right to such funds. City, in its sole discretion, may require that
any CARES Funds already paid to Agency must be repaid to City within 30 calendar days of
termination under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable CARES requirements, and
any default and enforcement provisions necessary to enforce such provisions, shall survive the
expiration or termination of this Contract for 5 years after the Contract Term (including any and
all Renewal Terms) ends and shall be enforceable by City against Agency. For purposes of this
Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on the
first day after the date on which the Contract Term (both Initial Term and all Renewal Terms)
expires or is terminated and to end on the fifth anniversary of that date.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control,the details of the work and services performed hereunder and all persons performing same,
and Agency shall be solely responsible for the acts and omissions of its officers,members, agents,
servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency, or its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Agency. City does not have the legal right to control the details of
the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to Agency, or
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its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees
or invitees that may be lost, stolen or destroyed or in any way damaged in connection with this
Contract, and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND
ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR
SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.4 Venue.
Venue shall lie in Tarrant County, Texas for any action,whether real or asserted, at law or
in equity, arising out of the execution, performance, attempted performance or non-performance
of this Contract.
14.5 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution,
performance or non-performance of this Contract or on the basis of any provision herein, for any
issue not governed by federal law, the choice of law shall be the laws of the State of Texas.
14.6 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.7 Compliance With All Applicable Laws and Regulations.
Agency agrees to comply fully with all applicable laws and regulations that are currently
in effect or that are hereafter enacted or amended during the performance of this Contract. Those
laws include, but are not limited to, the following, with each such statute encompassing and
including any and all applicable regulations, guidelines, and policies related thereto:
➢ Coronavirus Aid, Relief, and Economic Security Act of 2020
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.), including
provisions requiring recipients of federal assistance to ensure meaningful access by
persons of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 etseq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented
by Department of Labor regulations 41 CFR Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
CFR Part 8 where applicable
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal status of
its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and
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the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A
➢ Regulations at 31 U. S Code 1352 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 702 et seq.)
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub. L.
109-282, as amended by Section 6205(a) of Pub. L. 110-252 and Section 3 of Pub. L.
113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
14.8 Prohibition Against Discrimination.
14.8.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of this
Contract,with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17,Article
III, Division 4—Fair Housing of the City Code. Agency may not discriminate against any person
because of race, color, sex, gender,religion,national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency
permit its officers, members, agents, employees, or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
III,Division 3 -Employment Practices of the City Code, and Agency hereby covenants and agrees
that Agency, its officers, members, agents, employees and contractors, have fully complied with
all provisions of same and that no employee, or applicant for employment has been discriminated
against under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
14.8.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract, Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
[Contractor's, Subcontractor's or Vendor's name]will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation,gender identity, gender
expression or transgender. [Contractor's, Subcontractor's or Vendor's name]will take affirmative
action to ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity,gender expression or transgender and that employees are treated fairly during employment
without regard to their race, color, sex, gender, religion, national origin, familial status, disability
or perceived disability, sexual orientation,gender identity,gender expression or transgender. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
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transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. [Contractor's,
Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
[Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's name], state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this Contract,
shall, in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of a bona fide occupational qualification, retirement plan or statutory requirement.
[Contractor's, Subcontractor's or Vendor's name] further covenants that neither it nor its
officers,members, agents, employees, contractors, or persons acting on their behalf, shall specify,
in solicitations or advertisements for employees to work on this Contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
14.8.3 Agency's Contractors and the ADA.
In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),
Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of
disability in the provision of services to the general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of,Agency or any of
its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S
PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL
LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY
THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS
AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES'ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.9. Conflicts of Interest and Violations of Criminal Law.
14.9.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees, board members, advisors and
agents from using positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they have family,
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business or other ties. Agency shall disclose to City any such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
14.9.2 General Prohibitions Against Conflicts of Interest.
Agency shall establish conflict of interest policies for federal awards including
the CARES Funds and shall disclose in writing potential conflicts of interest to City as
authorized by 2 CFR Part 200.112.
14.9.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement
of property and services by Agency.
14.9.3.1 As more particularly described in 2 CFR Part 200.318,Agency shall
maintain and submit to City written standards of conduct covering
conflicts of interest and governing the performance of its employees
engaged in the selection, award,and administration of contracts. No
employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or
she has a real or apparent conflict of interest. The standards of
conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of
Agency.
14.9.3.2 The officers, employees, and agents of Agency shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts.
14.9.3.3 Notwithstanding the prohibition contained in Section 14.9.3.2,
Agency may set standards of conduct for situations in which the
financial interest is not substantial or the gift is an unsolicited item
of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by
Agency's officers, employees or agents.
14.9.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of
interest means that because of relationships with a parent company,
affiliate, or subsidiary organization, Agency is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.9.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily
limited to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the
basis for the contract price.
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14.9.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in
writing any potential conflict of interest.
14.9.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit
bribery and gifts to public servants.
14.9.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the Agency.
14.10 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency's failure to follow the
law, if applicable.
14.11 Assignment.
Agency shall not assign all or any part of its rights,privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract.
14.12. Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
CARES-funded Program prior to any charges being incurred.
14.13 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court,board, department, commission or agency of the United States or of any
States, civil disturbances, or explosions, or some other reason beyond Agency's control (each a
"Force Majeure Event"), the obligations so affected by such Force Majeure Event will be
suspended only during the continuance of such event. Agency will give City written notice of the
existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the
occurrence of the event. Failure to give notice will result in the continuance of Agency's obligation
regardless of the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
14.14 IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration&Nationality Act(INA)which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination.Agency shall
verify the identity and employment eligibility of all employees who perform work under this
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Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Agency shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Agency shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY,DAMAGE OR DESTRUCTION OF PROPERTY OF
CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES,BOTH A GENCYAND CITY,
THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT PAGE 24 OF 29
AB CHRISTIAN LEARNING CENTER
AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF
CITY'S OWNNEGLIGENCE, WHETHER THAT NEGLIGENCE ISALLEGED TO BE THE
SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES,OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death,to persons or property, Agency hereby expressly waives its rights to plead defensively such
immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in such amounts as
established by Agency Board of Director's policy to insure against loss from the fraud, theft or
dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of
such insurance or bond shall be used to reimburse City for any and all loss of CARES Funds
occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall
include a rider stating that reimbursement for any loss or losses shall name the City as a Loss
Payee.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of Agency,
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of any federal
loan, the entering into of any cooperative agreement and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT PAGE 25 OF 29
AB CHRISTIAN LEARNING CENTER
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts
or agreements involving the expenditure of federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action,including any proceeding
before an administrative agency, filed against Agency in conjunction with this Contract or the
Program. Agency shall furnish immediately to City copies of all pertinent papers received by
Agency with respect to such action or claim. Agency shall provide a notice to City within 10
calendar days upon filing under any bankruptcy or financial insolvency provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
City: Agency:
City Attorney's Office AB Christian Learning Center
200 Texas Street Loretta Burns, Executive Director
Fort Worth, TX 76102 5005 Brentwood Stair Rd., Suite 200
Telephone: 817-392-7600 Fort Worth, TX 76112
Telephone: 817-614-6210
Email address: lburns@abchrist.org
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Director
Telephone: 817-392-7540
Copy to:
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT PAGE 26 OF 29
AB CHRISTIAN LEARNING CENTER
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Senior Contract Compliance Specialist
Telephone: 817-3 92-73 3 3
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority,pursuant to any proper, appropriate
and official motion,resolution or action passed or taken,to enter into this Contract and to perform
the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be considered an
original, but all of which shall constitute one instrument which may be sufficiently evidenced by
one counterpart.
23. WRITTEN AGREEMENT ENTIRE CONTRACT.
This written instrument and the Exhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the work and services to be performed and payments
to be made under this Contract. Any prior or contemporaneous oral or written agreement which
purports to vary the terms of this Contract shall be void. Any amendments to the terms of this
Contract must be in writing and executed by the Parties.
[SIGNATURES APPEAR ON NEXT PAGE]
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT PAGE 27 OF 29
AB CHRISTIAN LEARNING CENTER
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract
in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH AB CHRISTIAN LEARNING
CENTER
c
By:Fernando Costa(Nov 20,2020 09:45 CST) By:Loretta Burns(Nov 18,202021:41 CST)
Fernando Costa, Assistant City Manager Loretta Burns, Executive Director
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Contract Authorization:
Ordinance 24166-04-2020
April 29, 2020
APPROVED AS TO FORM AND LEGALITY:
Taylor Paris,Assistant City Attorney
RECOMMENDED FOR APPROVAL BY:
Victor Turner
Director,Neighborhood Services Department
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
Terrance Jpnes(Nov 19,202012:02 CST)
Terrance Jones, Sr. Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT PAGE 28 OF 29
AB CHRISTIAN LEARNING CENTER
EXHIBITS:
EXHIBIT "A"—Program Summary
EXHIBIT "B"—Budget
EXHIBIT "C"—Performance Report Form
EXHIBIT "D"—Reimbursement Forms
EXHIBIT "E"—Audit Certification Form
EXHIBIT "F"—Duplication of Benefits Certification
EXHIBIT "G" Standards for Complete Documentation
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT PAGE 29 OF 29
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "A"
CARES FUNDS NONPROFIT ASSISTANCE PROGRAM SUMMARY
PROGRAM SUMMARY
March 13, 2020—December 20, 2020 $173,500.00
CONTRACT TERM AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
AB Christian Learning Center(ABCLC)will provide a safe place for children to receive assistance
with on-line learning while parents return to work, or for parents who are unable to navigate the
technology made available by the school district. The program responds to the effects of the
COVID-19 Pandemic by helping children catch up on learning they may have missed due to
closure of regular in-person elementary school. Through Community Leaning Centers, ABCLC
will provide online learning in small groups. As students receive instruction and lessons directly
from their Fort Worth ISD (FWISD) teachers via digital and virtual means, they will also benefit
from the aid of a Teacher Assistant to help them understand the digital lessons and navigate
through the online learning technology.
The Program serves students grades K through 5th, who are 2 or more years below grade-level, or
who were FWISD Online Learning Non-participants during the Spring Semester, or who are most
likely not to participate in online learning if left alone at home or with a non-participating parent
or guardian. The small group learning environment will be provided Monday thru Friday from
8:00 AM — 3:00 PM on the Fort Worth ISD Traditional School Calendar. Participating students
will be attendees of low-performing Title I schools located in Southeast Fort Worth. A maximum
of 30 students will be served at the following sites:
1. Martin Luther King Community Center. 76112 (30 students)
2. East Pointe Church of Christ, 76112 (30 Students)
3. Rising Star Baptist Church, 76105 (30 Students)
4. First Como Missionary Baptist Church, 76107 (15 Students)
5. Mount Olive Baptist Church, 76104 (30 Students)
6. Richmond Avenue Church of Christ, 76104 (20 Students)
Program will serve an estimated total of 125 to 155 children.
CARES Funds will pay for direct costs of delivering the program, including salaries and related
costs of the program director, site directors, teaching assistants, clerical, cleaning and security
staff, as well as site use rental, cleaning supplies and services,desk shields,office supplies, student
equipment, printers, office supplies and telephones for each site, software to support program
delivery, and related items.
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT-EXHIBITS
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "B"
CARES FUNDS NONPROFIT ASSISTANCE Budget
PROGRAM BUDGET
Cost Line Item City of Fort Tarrant Other Total
Worth County Funding Program
CARES CARES Sources Budget
Funds Funds (Donations, etc)
Personnel Expenses:
Director $15,000 $0 $0 $15,000
Site Directors $18,500 $0 $0 $18,500
Teacher Assistants $60,000 $0 $0 $60,000
Building Monitor/Security $16,000 $0 $0 $16,000
Janitorial Cleaning Staff $4,100 $0 $0 $4,100
Clerical Assistant $7,200 $0 $0 $7,200
Fringe Benefits (FICA Etc.) $9,000 $0 $0 $9,000
PPE and Related:
Desk Shields $6,000 $0 $0 $6,000
Masks &Gloves $1,200 $0 $0 $1,200
Sanitizer&Disinfectant, Cleaning $1,500 $0 $0 $1,500
Other Direct Cost
Classroom Material and Supplies
Site Material and Supplies $2,500 $0 $0 $2,500
Site Equipment(Headphones, etc) $2,500 $0 $0 $2,500
Site Technology(Software, etc) $3,500 $0 $0 $3,500
Building Use Fee/Custodial Services $5,500 $0 $0 $5,500
$12,500 $0 $0 $12,500
Administrative Overhead $8,500 $0 $0 $8,500
TOTAL $173,500 $173,500
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT-EXHIBITS
AB CHRISTIAN LEARNING CENTER
EXHIBIT "C"
AB CHRISTIAN LEARNING CENTER
CARES FUNDS NONPROFIT ASSISTANCE Performance Report Form
Agency shall submit a Performance Report on the beneficiaries served with CARES Funds with
each Reimbursement Request, in the form demonstrated below, or in alternate equivalent format
as approved in writing by City prior to initial submission. Performance Report accompanying
Reimbursement Request for Previously Incurred Costs must include a written narrative explaining
how these previous costs were incurred and what service outcomes resulted from their expenditure.
If Agency is providing multiple programs with the assistance of CARES Funds, each separate
program must also be indicated on the Performance Report, or separate Performance Reports must
be submitted for each Program.
Required Required Required Optional Optional
Date of Client Name/ Address Race/ Age
Service Entity Name Ethnicity (Youth=Y;
(B/W/H/A/O) Adult=A,
Elderly=E)
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT-EXHIBITS
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "D"
CARES FUNDS NONPROFIT ASSISTANCE Reimbursement Forms
Attachment I
INVOICE
Agency: Name
Address:
City, State, Zip:
Program: Program Name
Period of Service:
Tax ID No.
P.O. No.
FID No.
Amount
Program Cumulative to
This Invoice Date
FW CARES
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT—EXHIBITS
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "D"
CARES FUNDS NONPROFIT ASSISTANCE Reimbursement Forms
EXHIBIT D-2
EXPENDITURE WORKSHEET
Agency:
Program:
Line Check Description/Purpose
No. No. Date Payee (or Job Title) Amount
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total $
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT—EXHIBITS
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "E"
CARES FUNDS NONPROFIT ASSISTANCE Audit Certification Form
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency Name: AB Christian Learning Center
Fiscal Year Ending: September 30
❑ During the fiscal year in which funds will be received,we will exceed the federal expenditure
threshold of$750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received,we will not exceed the$750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
MUST be filled out if Single Audit or Program Audit is NOT required.
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year:
Signatory and Title Date
This form must be completed by Agency Executive Director or other Authorized Official. Failure
to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in 2 CFR Part 200, as applicable,
by the required due date may result in suspension of funding and may affect eligibility for future
funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT-EXHIBITS
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "F"
CARES FUNDS NONPROFIT ASSISTANCE Duplication of Benefits Certification
The undersigned certifies the organization for which he/she is the approved signatory will comply with
Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and with Section
1210 of the Disaster Recovery Reform Act of 2018, which require that duplication of benefits will be
prevented in provision of services funded under this contract. The undersigned also certifies that he/she
understands that this means that in providing assistance to eligible populations, grant funds will not be
used to pay costs if another source of financial assistance is available to pay that cost. The undersigned
further certifies that no person, household, business, nonprofit organization or government entity will
receive financial assistance from multiple sources(including this contract)for the same purpose such that
the total assistance received for that purpose is more than the total need for assistance. The undersigned
also certifies that as a subrecipient for CARES Funds under this contract, the agency has not received
other funds to be used for the same purposes for the same clients in excess of the total needed for provision
of that service. The undersigned further certifies, and agrees,that if he/she or the organization for which
he/she is certifying, subsequently receives a duplicative benefit,he/she or the organization will repay the
funds he/she received under this Agreement to City.
The undersigned further certifies that:
• Salary costs proposed to be reimbursed through this contract were not covered by, and will not
duplicate benefits provided by,the Paycheck Protection Loan Program..
• Costs proposed to be reimbursed through this contract were not covered through and will not
duplicate benefits provided by,an Economic Injury Disaster Loan.
• Food or related services costs to be reimbursed through this contract were not and will not be covered
through, and will not duplicate benefits provided by, the FEMA Public Assistance Program, the
FEMA Emergency Food and Shelter Program,the USDA Commodity Supplemental Food program,
the Child Nutrition Programs of the USDA (including the National School Lunch Program and the
Summer Food Services Program); the USDA Supplemental Nutrition for Women, Infants and
Children (WIC) Program, the USDA Pandemic EBT Program for school-age children affected by
school closures,the HHS Community Living Allocation program for older adults,Dislocated Worker
Grants from the U.S.Dept. of Labor,
• Costs to be reimbursed through this contract were not and will not also be reimbursed by the Tarrant
County Coronavirus Relief Fund CARE4Tarrant Nongovernmental Organization Program.
The undersigned certifies that, to date, he/she or the organization he/she represents, has
received, or reasonably anticipates receiving, the following potentially duplicative assistance (if
none, leave blank):
Organization:
Typed Name: Title:
Signature: Date:
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT—EXHIBITS
AB CHRISTIAN LEARNING CENTER
AB CHRISTIAN LEARNING CENTER EXHIBIT "G"
CARES FUNDS NONPROFIT ASSISTANCE Standards of Documentation
Documentation Standards for
CARES Funds Contract Exi2enses
Budget Line -0
If an employee works on both a City CARES Funded Program and another
program funded through other sources(including the Tarrant County CARES
program),the City will only reimburse for a reasonably cost-allocated portion
of the employee's salary. Prior to the reimbursement of CARES Fund salary
expenses,the Agency will provide the City with a written statement on how
each employee's time was allocated(for previously-incurred expenses)and
Salaries X X how the time will be allocated for the remaining term of the Contract. If an
employee works 100%of their time directly with the City's CARES-funded
Program,then 100%of the employee's salary may be eligible for
reimbursement.Agency must submit a written statement that 100%of the
employee's time is spent working directly with the CARES-funded Program,
with the first Reimbursement Request.Statements must be signed by a
person authorized to sign on behalf of the Agency and should be submitted
with the October invoice.
Reimbursement requests must include a timesheet and work log that
reflects the hours worked by the employee(s)working directly on the CARES-
funded Program. For employees who are paid with multiple funding sources,
timesheets must reflect all funding sources. If separate timesheets are kept
for each funding source,all such timesheets must be submitted to City.
Timesheets must be signed by employee and supervisor.Agency must show
a calculation and documentation of how the employee's salary was
calculated and invoiced to City.
*If employees are paid by direct deposit rather than check,then the agency
FICA/Medicare X X
Life Insurance X X If the City pays gross salary,the employee costs are already included. If the
City pays the employer portion,the Agency must provide documentation
Health or verifying that the employee is enrolled in the benefit plan,documentation of
Disability X X
how the invoiced amount was calculated,and must provide documentation
Insurance verifying payment.
a ment.
Retirement/
Pension Plan X X
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT—EXHIBITS
AB CHRISTIAN LEARNING CENTER
Unemployment
Insurance X X
Materials,Equipment,Goods and Supplies-City will only reimburse for the approved cost-allocated percentage or amount
directly spent in support of the CARES-funded Program.As applicable,agencies must show calculation on how the CARES portion
of these expenses were cost-allocated consistently their use on the CARES-Funded program.
Office Supplies X X X
Office Equip.
Rental X X X X X
Postage X X X
Printing X X X
Supplies his may include cleaning supplies,program supplies such as teaching aids or
X X X craft materials,and food supplies
Rent,Utilities and Maintenance-City will only pay for a portion of these expenses. The portion of these expenses will be
determined by the square footage occupied by CARES-Funded Program staff and shall be cost-allocated in accordance with the
amount of space used for the CARES-funded Program.Agency Reimbursement Requests must demonstrate calculation of the CARES
portion of these expenses was cost-allocated consistently with the Contract.
Rent X X X X X City may pay for a portion of the rent for the Program facility so long as it is in
proportion to the square footage attributable to the CARES-funded program
and the cost was incurred in order to prevent,prepare for,or respond to the
Facility X X X X This item requires approval by the City prior to the execution of the CARES
Maintenance and Contract.
Repairs
isceHaneous
Contracted Labor or This item requires prior approval by the City.Prior to the execution of the
Services X X X X X CARES Contract,the Agency must provide a written statement that lists the
contractual labor or services to be used during the Contract term,including
services such as security services,legal,accounting,transportation providers,
educational facilitators,custodial services,etc.
Agencies may not use the contract services of any City of Fort Worth
City requires that the agency submit its fee schedule or formula on how the
Childcare or Agency calculates the childcare scholarship amount. The fee
Youth Services schedule/formula should demonstrate a breakout of income levels,as
Scholarships X X applicable,and for each income level the schedule should demonstrate
which portion of the expense is to be paid by the family and which portion of
the expense is to be reimbursed by the City.A fee schedule/formula must be
submitted to the City prior to or accompanying the first payment request. If
the fee schedule/formula changes at any time during the contract term,the
Agency must immediately notify City on the date the new fee
schedule/formula takes into effect and provide the updated schedule.
Proof of payment documentation means: Image of the check AND bank statement showing the check cleared the bank; OR,
• Image of the cancelled check(ex.At end of bank statement); OR,
• Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating
payroll; OR,
• For wire or e-transfers: Receipt or statement from payee/vendor OR bank
statement.
CARES FUNDS NONPROFIT ASSISTANCE CONTRACT—EXHIBITS
AB CHRISTIAN LEARNING CENTER
ORDINANCE NO. 24166-04-2020
AMENDING SECTION 2-9 OF THE CITY CODE TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ANY CONTRACTS OR OTHER LEGAL
INSTRUMENTS NECESSARY TO PROVIDE PUBLIC ASSISTANCE
FROM FUNDS AVAILABLE UNDER THE CORONAVIRUS AID,RELIEF,
AND ECONOMIC SECURITY (CARES) ACT, AS MAY BE AMENDED;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, under Section 2-9(d) of the City Code, the City Council has authorized the
City Manager to execute certain contracts and other legal instrument without City Council
approval; and
WHEREAS, the spread of the novel coronavirus now referred to as COVID-19 has been
declared as a worldwide pandemic by the World Health Organization; and
WHEREAS, on March 13, 2020 the Governor of Texas issued a State of Disaster for all
Texas counties and the President of the United States declared a State of National Emergency for
the United States of America due to the COVID-19 virus; and
WHEREAS,on that same day, Mayor Betsy Price ordered a Declaration of Public Health
Emergency, which has been approved, amended, and extended by the City Council, and the
Governor of Texas and numerous County Judges have issued various Executive Orders, all of
which have closed or limited operations of certain businesses and restricted activities of the public
in order to reduce the opportunity for transmission of the COVID-19 virus; and
WHEREAS,this public health crisis has impacted and created economic hardships for all
residents; and
WHEREAS, the federal Congress passed the Coronavirus Aid, Relief, and Economic
Security (CARES) Act, which was signed into law on March 27, 2020, in order to protect the
American people from the public health and economic impacts of COVID-19 by providing
economic assistance to workers, families, and small businesses, and to help preserve jobs for
American industries; and
WHEREAS, local governments across the country, including the City of Fort Worth,have
received relief funding under the CARES Act to assist their residents and businesses impacted by
the COVID-19 public health crisis; and
Ordinance Amending Section 2-9(d),City Code for CARES Act Funding
Page l of 3
WHEREAS, the City Council has canceled a number of its regularly scheduled meetings
in order to minimize person-to-person contact during the COVID-19 public health crisis; and
WHEREAS, Mayor Betsy Price has established a number of advisory committees
comprised of senior City staff, City Council members, and interested citizens to provide ongoing
policy guidance in order to assist the City in responding effectively to local needs generated by the
COVID-19 public health crisis; and
WHEREAS, it will be necessary for the City to implement use of federal aid made
available under the CARES Act very quickly in order to provide the most effective relief to
residents and businesses who are experiencing economic hardship because of the COVID-19
public health crisis; and
WHEREAS, accordingly, in order to make distribution of CARES Act funding to Fort
Worth citizens and businesses as efficient as possible, the City Council wishes to amend Section
2-9 of the City Code to allow the City Manager or any Assistant City Manager (including the
Deputy City Manager) to execute any contracts and other legal instruments necessary to provide
public assistance from funds available under the CARES Act without first having to convene City
Council meetings in order to obtain initial approval of such contracts and other legal instruments;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS THAT:
SECTION 1.
Chapter 2 "Administration," Article I "In General," Section 2-9 "Contract Execution;
Amendments;Change Orders,"subsection(d)of the Code of the City of Fort Worth,Texas(2015),
as amended, is hereby amended to add subsection (11)as follows:
§ 2-9 CONTRACT EXECUTION; AMENDMENTS; CHANGE ORDERS.
(d) Provided that sufficient funds have previously been appropriated by the city council,the city
manager may execute the following without city council approval:
(11) Any contract or other legal instrument necessary to provide public assistance from
funds available under the Coronavirus Aid, Relief, and Economic Security (CARES)Act,
as may be amended.
Ordinance Amending Section 2-9(d),City Code for CARES Act Funding
Page 2 of 3
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase,clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional or illegal by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph or
section.
SECTION 4.
This ordinance shall take effect and be in full force immediately upon its adoption.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Peter Vaky(May 14, 20 12:07 CDT)
Peter Vaky,Deputy City Attorney Mary J. Kayser, City Secretary
ADOPTED AND EFFECTIVE: April 29,2020
O�•FORT�o
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TIEXAS
Ordinance Amending Section 2-9(d),City Code for CARES Act Funding
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