HomeMy WebLinkAboutContract 54913-A1 CSC No. 54913-A1
FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF FORT WORTH
AND
UNITED WAY OF TARRANT COUNTY
This First Amendment to Memorandum of Understanding ("First Amendment") is made
between the City of Fort Worth ("Fort Worth"), a municipal corporation and United Way of
Tarrant County, a Texas non-profit corporation("United Way").
WHEREAS, Fort Worth and United Way entered into a Memorandum of Understanding
to administer the Preserve the Fort grant program(the"MOU"); and
WHEREAS, it is the collective desire of both Fort Worth and United Way to amend the
MOU to increase the total distribution amount from the City, add new Recipients and detail
additional requirements for Recipients.
NOW THEREFORE, known by all these present, Fort Worth and United Way, acting
herein by the through their duly authorized representatives, agree to the following terms, which
amend the MOU as follows:
1. Section I. Background is hereby replaced in its entirety with the following:
The City of Fort Worth ("City") received a direct allotment of funds through the
Coronavinis Aid, Relief, and Economic Security Act ("CARES Act") and desires
to allocate a portion of that funding to support small businesses impacted by the
Covid-19 Pandemic ("Pandemic"). The City has established a Small Business
Stabilization Grant Program("Program") to promote local economic development
by maintaining small business and non-profit operations and retaining employment
within the City, pursuant to 42 U.S.C. §5305 and the CARES Act. The public
purpose of the Program is to ensure continued operations of small businesses and
non-profits impacted by the Pandemic.
The Program will be administered by the City of Fort Worth Economic
Development Department through a partnership with United Way of Tarrant
County ("United Way") which will assist in the establishment of a web portal to
facilitate the grant applications and will release funds to eligible applicants.
2. Section III. Program Overview is hereby replaced in its entirety with the following:
The Program will provide up to $15.0 M in funding to be provided as grants of up
to $150,000 to eligible businesses ("Recipients"). Phase I of the Program resulted
in $6.2 M in funds being distributed to Recipients. The remainder of the $15.0 M OFFICIAL RECORD
constitutes Phase 11 of the Program and will provide funding for small businesses CITY SECRETARY
FT. WORTH, TX
First Amendment to MOU bet%veen City of Fart worth and United Way of Tarrant County Page I of 5
with less than 500 employees and non-profits (including performance art spaces)
that have been negatively impacted by the COVID-19 Pandemic and incurred costs
related to responses to the COVID-19 Pandemic, and bars/music venues that were
completely closed by the Governor's Declaration Order.
Grants will be processed until funds received as a result of the CARF,S Act are
exhausted.
The Program provides funding for small businesses, sole proprietorships,
independent contractors and self-employed persons as well as non-profit
organizations ("Non-Profits") excluding ineligible entities listed below in section
Vill.
3. Section IV. Funding Levels is hereby replaced in its entirety with the following:
• Small Business(less than 500 employees)will be eligible for a grant of up
to 1.5x gross average monthly revenue (Pre-Pandemic) capped at
$150,000.00.
• Bars/Music Venues(closed as of June 26,2020)will be eligible for a grant
of up to 3x lost average monthly revenue (Pre-Pandemic) capped at
$100,000.00.
• Non-Profits will be eligible for a grant of up to 75%of expenses incurred
up to$50.000.00 on a reimbursement basis.
o Non-Profits that provide performing arts who serve as the primary
presenter/producer(s)of ticketed events for their performances are
eligible for a grant of up to 1.5x gross average monthly revenue
from lost ticket sales and concessions (Pre-Pandemic) capped at
$100,000.
4. Section V. Eligible Activities is hereby replaced in its entirety with the following:
Grants received under the Program can be used to reimburse the costs of business
interruption experienced by small businesses as a result of required closures,small
businesses that close voluntarily to promote social distancing measures or small
businesses that are affected by decreased customer demand as a result of the
Pandemic.
Grants received under the Program by Non-Profits to reimburse a Non-Profit for
costs that were unbudgeted as of March 1, 2020 and incurred between March 1,
2020 and October 31, 2020 that are associated with preparing their operations to
open in a way that is safe for employees,clients, volunteers,artists, and patrons to
include such items as:
• Installation of plexiglass barriers for face to face transactions and security
screenings;
• Walk-through body temperature detection systems;
First Amendment to MOU hemeen City of Fort North and United Way of Tan-ant County Page 2 of
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• Sanitizer pumps and stands;
• Sanitizing supplies such as sprays and wipes in bulk quantities;
• Sanitizing supplies for electronic stage equipment, microphones, speakers,
etc. in performing arts spaces,
• PPE in bulk for all employees, volunteers, artists and patrons: and
• Automatic sink faucets and toilet flushers.
The types of eligible activities that could be covered under the Program include:
working capital, machinery & equipment, payroll expenses, heath care benefits,
contract labor, supplier payments, rent, lease or mortgage payment (for real
property used for business purposes, like storefront or warehouse, excluding
personal residence), rent, lease or purchase payment for business property (e.g.,
delivery vehicle; food truck; kitchen equipment; technology, payment, and
communications systems and equipment), utility payments for business properties,
(excluding personal residence), cost of critical business operations (raw materials,
marketing expenses, etc. payments), Personal Protective Equipment (PPE) and
sanitation supplies and equipment.
5. Section VI. Base Eligibility is hereby replaced in its entirety with the following:
• Businesses must located in the City of Fort Worth.
• Business must have been operating as of January 1,2020.
• Businesses must_have a minimum revenue of$12,000.00 for 2019.
• Business must be registered to do business in the State of Texas.
• Businesses must demonstrate a reduction in sales/revenue or employment
during the period of March 1,2020 through December 1,2020 as a result
of the COVID-19 pandemic.
6. Section VI.A. Non-Profit Eligibility is hereby added to Section VI.:
• Non-Profits must hold a current 501(c)(3) organizational designation from the
Internal Revenue Service.
• Non-Profits must have been operating as of January 1, 2019.
• Non-Profits must have no more than 500 total employees and independent
contractors consistent with SBA size standards.
• Non-Profits that is a social service organization must not have more than
$10,000,000.00 in revenue for 2019 and one that is a performance arts center must
not have more than$25,000,000.000 in revenue for 2019.
7. Section VIII. Ineligible Business Activities is hereby replaced in its entirety with the
following:
• Franchisors;
• Real Estate developers/Investors;
• Govertunental/taxing agencies/departments;
First Amendment to MOU between City of Fort Worth and United Way of Tarrant County Page 3 of 5
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• Hobby businesses as defined by federal law;
• Multi-level marketing concerns;
• Gambling Concerns, including casinos, racing operations or other
activities whose purpose involves gambling;
• Lobbying organizations and political organizations sul?ject to Internal
Revenue Code 527,
• Sexually Oriented Businesses (live performances, product sales,items or
materials);
• Businesses primarily engaged in lending, investments, or to an otherwise
eligible business engaged in financing or factoring;
• Pawn Shops;
• An individual who employs household employees such as nannies or
housekeepers;
• The following Non-Profits are ineligible: private foundations, political
organizations, schools and educational organizations(excluding dayeares),
and sports organizations;
• Concerns engaged in illegal activities under federal, state or local laws;
• A business that is otherwise prohibited by federal or Texas law; and
• A business that is ineligible or precluded to receive federal or State of
Texas funding due to federal laws(including but not limited to the
CARES Act) or Texas laws.
Fort Worth City Council Members, City of Fort Worth Employees and their
immediate family members are not eligible for this program.
8. All other terms, provisions, conditions, covenants and recitals of the MOU not expressly
amended herein shall remain in full force and effect.
[Signature Page Follows]
First Amendment to MOU between City of Fort Worth and United Way of Tarrant County Page 4 of 5
Executed effective as of the date signed by the Assistant City Manager below,
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that 1 am the person
responsible for the monitoring and administration
ol'this contract, including ensuring all performance
By, 1J.Chapa(Aug 02013:17Co and reporting requirements.
Name: Jesus J.Chapa
Title: Assistant City Manager
Date: Aug27,2020 By:
Namc: r r
Approval Recommended: .1.itle: D i rc C' -oy-
Approved as to Form and Legality:
By. v�vl
Name: Robert Sturns
�
Title: Director, Economic Deve pment By: JB Strong(A 6—,2 lzss cor)
Name: John B. Strong
444'dU�n4� Attest: Title: Assistant City Attorney
p bF FORT a
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%/9�d / Contract Authorization:
pV° o° d //91 Ronald P.Gonzales(Aug 31,202015 CDT) MBe C:
P $ o d
PPS°°°
°o ,� By:
daa�rE00000 Name: Mary Kayser
�nnna44 Title: City Secretary
VENDOR:
United Way of Tarrant Coun .
BY:
Name: rfi Ctf "6r-,
Title: Wit/ C. - C)
Date: ?_(, 1Z-0
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to MOU between City of Fort Worth and United Way of Tarrant County Page 5 of 5
Soto, Vania Elizabeth
From: Chapa,Jesus
Sent: Friday, November 20, 2020 4:52 PM
To: Kayser, Mary; Soto,Vania Elizabeth
Cc: Sturns, Robert; Strong,JB
Subject: FW: Preserve the Fort Amendment
Mary/Vania,
On May 19, 2020 the City Council approved Resolution 5234-05-2020 establishing the Preserve the Fort Grant
Program with United Way of Tarrant County to provide CARES funding for small businesses. The Economic
Development Department subsequently executed Exhibit A of the Resolution which was an MOU outlining the
roles and responsibilities of the United Way under the program. Because the language in the MOU was included
in the adopted resolution, the MOU was not recorded in the City Secretary's Office as a separate contract.
The agreement has gone through subsequent amendments to allow for additional CARES funding to be applied
to the program. In these subsequent amendments, the MOU document was included as a separate contract and as
such the original MOU document should be accepted as valid in order for the original MOU and its 3 amendments
to be filed and recorded appropriately.
If you have any questions, please free to contact Robert Sturns for details at(817) 392-2663.
Thanks.
Jay Chapa
Deputy City Manager
City of Fort Worth
817-392-5804
FORT WORTH..
From: Soto,Vania Elizabeth
Sent:Tuesday, November 17, 2020 2:55 PM
To: Kayser, Mary<Mary.Kayser@fortworthtexas.gov>; Sturns, Robert<Robert.Sturns@fortworthtexas.gov>; Strong,JB
<John.Strong@fortworthtexas.gov>
Subject: RE: Preserve the Fort Amendment
Based on the email from JB, I was waiting for an email from Jay stating it was okay to take the MOU for how it
was attached to the resolution.
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