C/FBISD CARES Act Agreement-CN 2020-09-23THE STATE OF TEXAS § AGREEMENT FOR ADMINISTRATION BY AND
§ BETWEEN CITY OF COPPELL AND THE
COUNTY OF DALLAS § CARROLLTON- FARMERS BRANCH INDEPENDENT
SCHOOL DISTRICT FOR COPPELL CARES
PROGRAM FOR DISTANCE LEARNING THROUGH
`OPERATION CONNECTIVITY'
This agreement ("Agreement") is made and entered into as of the Effective Date by and
between the City of Coppell, Texas (the "City"), and The Carrollton -Farmers Branch Independent
School District, (the "Provider") (City and Provider collectively referred to hereafter as the
"Parties" or individually as a "Party".)
WITNESSETH:
WHEREAS, Dallas County (the "County") received federal funding under the
Coronavirus Aid, Relief, and Economic Security Act (hereinafter "CARES Act") to address and
respond to the effects of the COVID-19 public health emergency; and
WHEREAS, the CARES Act provides funding to state and local governments to provide
assistance for expenditures incurred in response to second -order effects of the COVID-19 public
health emergency; and
WHEREAS, the City and the County entered into that certain Inter Local Cooperation
Agreement for the administration of the distribution of some of Dallas County's CARES Act funds
by providing funds to the City for authorized CARES Act activities (the "Dallas County CARES
Act Funding Agreement"); and
WHEREAS, the CARES Act allows the City to set up programs for expenditures incurred
in response to second -order effects of the emergency; and
WHEREAS, the City established the Coppell CARES Program which includes funding
from the Dallas County CARES Act Funding Agreement for costs associated with providing
Distance Learning for students; and
WHEREAS, the Dallas County CARES Act Funding Agreement is incorporated herein
for all purposes; and
WHEREAS, the Provider is a unit of government established under the laws of the State
of Texas for the purpose of implementing the state's system of public education and ensuring
student performance in accordance with the Texas Education Code; and
WHEREAS, the Provider certifies that any CARES Act funding received be used to cover
eligible expenses incurred while providing Distance Learning and agrees to comply with the terms
and conditions of this Agreement and the Dallas County CARES Act Funding; and
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WHEREAS, the City has allocated Fifty Thousand Dollars ($50,000) of the ftulding from
the Dallas County CARES Act Funding Agreement for the Provider to cover expenses incurred
providing Distance Learning through 'Operation Connectivity' for students between March I and
December 30;
NOW THEREFORE, in consideration of all mutual covenants and agreement hereinafter
set forth, and other good and valuable consideration the sufficiency and receipt of which is hereby
acknowledged, the Parties agree as follows:
Article I
Term; Termination
L1 This Agreement shall be effective upon execution by the Parties ("the Effective
Date") and shall expire on December 30, 2020, unless terminated sooner as provided herein.
L2 This Agreement may be terminated upon written notice by either Party in the event
the other Party breaches any of the terms or conditions of this Agreement and such breach is not
cured within thirty (30) days after written notice thereof. In the event of termination by the City
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Agreement.
Article 11
Definitions
"Eligible Expenditures" shall mean the necessary expenditures consisting of hotspots,
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"Distance Leaming" (DL) shall mean education or training delivered off campus via
educational technologies where the student(s) and the instructor(s) are separated by physical
distance and/or time.
Article III
Services
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3.2 Payment of F,unds. The City agrees to pay Provider up to the sum of Fifty Thousand
Dollars ($50,000) for DL. Funds will be reimbursed to the Provider upon completion and return
if this signed contract to the City.
3.3 EliRible Ex-oenditures. The DL only applies to eligible, actual and paid DL
expenditures. To be eligible for DL, the expenditure must have been or be made for the purpose
of addressing or responding to the COVID-19 public health emergency and made between
March 1, 2020 and 11:59 PM December % 2020. All DL expenditures must be paid on or before
11:59 PM December 30, 2020 to be eligible. Any DL expenditures obligated, but not yet paid by
this time shall not be eligible.
3.4 Tracking. The Partner Municipality and the Provider must comply with th-4
recordkeeping, reporting and other requirements of the CARES Act. The Provider shall track ani
document all distributions and use of the DL funds. The Provider is under the same requirements
and restrictions as the County regarding use of CARES Act funds. The Provider shall keep ani
maintain all records of the administration and use of DL funds for a period of four (4) years and
ninety (90) days beginning on December 30, 2020.
3.5 Use of Funds. The Provider agrees that the DL ftinds will be dedicated solely for
Eligible Expenditures. The use of DL funds is governed by this Agreement, the CARES Act and
all U.S. Treasury R.i, regulations or guidelines thereunder. The Provider acknowledges
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with all terms and conditions relating to the use of ftinds from the Dallas County CARES Act
Funding Agreement funds and the CARES Act, The Provider agrees to:
a) only use DL funds for eligible expenditures under the CARES Act and
accordance with this Agreement;
b) only use DL funds for expenditures made between March 1, 2020 a 0
11:59 PM, December 30,2020;
C) document and justify that each DL expenditure is an Eligible Expense;
,i) document all expenditures and distributions made for the DL to the County
no later than January 15, 2021, and keep and maintain copies of su
documentation for the retention period applicable to the CARES Act;
e) acknowledge and recognize that the County is the source of the City DL fu
as part of each City's program funding under the CARES Act;
f) I
comply with the terrns and conditions of this Agreement and the Dallas Coun
CARES Act Funding Agreement;
3.6 Administration. The Provider shall manage and administer this Program on behalf
of the City as follows:
I . A letter certifying the expenditures for which the Provider is requesting
reimbursement.
2. Documentation verifying the number of students that live in Coppell and
attend a school within the Carrolton -Farmers Branch Independent School
District
3.7 The City has the right to access and review any supporting material and
reject/refuse payment for any of the expenditures if determined ineligible or to have
insufficient infortnation.
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from other of its funds.
111 Re S_ ayment of Unused Funds, Any Program funds not expended as provided herein _
by 11: 59 PM December 30, 2020 shall be returned by the City to the County within 30 days.
3.12 Reports. The City shall provide periodic reports on the use of the Funds as requested
or required by Dallas County.
11 �$- �4 �
a) document and verify that each expenditure was an eligible expenditure or distribution
under this Agreement and the CARES ACT;
b) retain copies of documentation for the retention period applicable to the CARES ACT;
c) use the Funds for distributions and expenditures related to the COVID- 19 emergency only;
d) reimburse and re -pay to the County any monies not expended in accordance with the
Interlocal Agreement;
c) acknowledge and recognize that the source of these Funds is Dallas County and its CARES
ACT allocation for any public programs or initiatives using these Funds;
coordinate with the County any public programs or initiatives so that no duplication of
services, initiatives or programs occurs; and comply with the terms and conditions of the
Program.
Article IV
Indemnification
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in connection with the performance of services performed and to be performed hereunder. To the
--Xtent permitted by law, Provider covenants and agrees to, and does hereby indemnify and hold
harmless the City its council, officers, agents, and employees from all suits, action, or claims of
;zny character brought for 1r on account of any injuries 1r damages, whether real 1r asserted,
sustained by any person or property by or in consequence of any negligent omission, act or conduct
of Provider, its agents, servants or employees. The covenants and liabilities of Provider shall
survive the termination or expiration of this Agreement.
Article V
Miscellaneous Provisions
5.1 Entire Agreement. This Agreement constitutes the sole and only agreement
between the Parties and supersedes any prior understandings written or oral agreements between
the Parties with respect to this subject matter.
5.2 Assignment. Provider may not assign this Agreement in whole or in part without
the prior written consent of City. In the event of an assignment by Provider to which City has
consented, the assignee shall agree in writing with City to personally assume, perform, and be
bound by all the covenants, and obligations contained in this Agreement.
5.3 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties to it and their respective
successors and assigns.
5.4 Governing Law; Venue. The laws of the State of Texas shall govern this
Agreement; and venue for any action concerning this Agreement shall be in a state court of
competent jurisdiction in Dallas County, Texas. The Parties agree to submit to the personal and
subject matter jurisdiction of said Court.
5.5 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
5.6 Audits and Records. Provider agrees that during the term hereof the City and its
representatives may, during normal business hours and as often as deemed necessary, inspect,
audit, examine and reproduce any and all of Provider's records relating to the services provided
pursuant to this Agreement for a period of one year following the date of completion of services
as determined by the City or date of termination if sooner.
5.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in it.
5.8 Independent Contractor. It is understood and agreed by and between the Parties
that Provider in satisfying the conditions of this Agreement, is acting independently, and that City
assumes no responsibility or liabilities to any third party in connection with these actions. All
services to be performed by Provider pursuant to this Agreement shall be in the capacity of an
independent contractor and not as an agent or employee of City. Provider shall supervise the
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performance of its services and shall be entitled to control the manner and means by which its
services are to be performed, subject to the terms of this Agreement.
5.9 Notices. Any notice required or permitted to be delivered hereunder may be sent
by first class mail, overnight courier or by confirmed or facsimile to the address specified below,
or to such other party or address as either Party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
If intended for City, to:
Mike Land, City Manager
City of Coppell, Texas
13000 William Dodson Parkway
Coppell, Texas 75234
If intended for Provider:
With copy to:
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, LLP
1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
Jennifer DuPlessis, Executive Director of Finance
Carrollton -Farmers Branch Independent School District
1445 N. Perry Rd.
Carrollton, Texas 75006
5.10 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of any number of copies hereof each signed by less than all, but together signed by all of the Parties
hereto.
5.11 Exhibits and Recitals. The recitals and exhibits attached hereto are incorporated
herein and made a part hereof for all purposes.
5.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
(signatures onfollowing Page)
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SIGNED AND AGREED this '2. day of 2020.
CITY OF C?OPPELL TE
By:
Mike Land, &Ity Manager
At"t:
,,--,,(",'hristel Pettinos, City Secretar
Approve as o F rm-
Rot�Robert E. Mager, ttomey
City
SIGNED AND AGREED this day of Sc.() fe,K/I bll,2` '2020.
T--"
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