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HomeMy WebLinkAboutContract 54913-A2 � 1 CITYSECERRY CONTRACT NO. I/ 5 9 I3-/ 0a RECE'N�'/ -- NoVMU2D 0=05woo � SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FORT WORTH AND UNITED WAY OF TARRANT COUNTY This Second Amendment to Memorandum of Understanding ("Second 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 subsequently a First Amendment to the MOU expanding the program; 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 Fort Worth and revise the ineligible activities section. 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 III.Program Overview is hereby replaced in its entirety with the following: The Program will provide up to $45 M in funding to be provided as grants of up to $150,000 to eligible businesses("Recipients").Approximately$20 M in funds has been distributed to Recipients.The remainder of the$45 M will continue to provide funding for small businesses 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 CARES 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 VIII. 2. Section V. Eligible Activities is hereby replaced in its entirety with the following: �20:rt�npi- OFFICIAL CITY SECRETARY Second Amendment to MOU between City of Fort Worth and United a WGRT*n1r Page 1 of 4 c 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. 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. Grants received under the Program for performing arts Non-Profits to reimburse performing arts non-profit organizations for monthly revenue from lost ticket sales and concessions as a result of required closures. Performances must have been scheduled as of March 1, 2020 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 items such as: • Installation of plexiglass barriers for face to face transactions and security screenings; • Walk-through body temperature detection systems; • 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. 3. Section VIII. Ineligible Business Activities is hereby replaced in its entirety with the following: • Franchisors; • Governmental/taxing agencies/departments; • Hobby businesses as defined by federal law; Second Amendment to MOU between City of Fort Worth and United Way of Tarrant County Page 2 of 4 • Multi-level marketing concerns; • Gambling Concerns, including casinos, racing operations or other activities whose purpose involves gambling; • Lobbying organizations and political organizations subject 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 daycares), 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. 4. 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] Second Amendment to MOU between City of Fort Worth and United Way of Tarrant County Page 3 of 4 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 I am the person responsible for the monitoring and administration 4 7efgf CA6tdGl of this contract,including ensuring all performance By: Jesus Chapa(Oct 2 ,202010:38 CDT) and reporting requirements. Name: Jesus J. Chapa Title: Assistant City Manager Date: Oct 22,2020 By: Y Name: _ v w• S rf-s Approval Recommended: +ro,-- Approved as to Form and Legality: By: Name: Robert turns �� Title: Director,Economic Development By: JB Strong(Oct ,202011:13 CDT) Name: John B. Strong Attest: Title: Assistant City Attorney Contract Authorization: for,Ponald P. Gonzales C• for Ronald P.Gonzales(Oct 22,202011:51 CDT) By. F0 T� Name: Mary Kayser Title: City Secretary VENDOR: • AS United Way of Tarrant County Ify y: t Name: Leah M King Title: President&CEO Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Second Amendment to MOU between City of Fort Worth and United Way of Tarrant County Page 4 of 4 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. i