RE 2020-1027.1 Business Assistance Program COVID-19RESOLUTION NO. 2020-1027.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AMENDING ITS CARES ACT COVID-19 FUNDING OF LOCAL
BUSINESSES THROUGH CARES ACT BUSINESS PROGRAM GRANTS,
AS AMENDED, UNDER THE TERMS AND CONDITIONS AS SET FORTH
IN EXHIBIT `A', WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, FOR QUALIFYING LOCAL BUSINESSES
AS AMENDED HEREIN IMPACTED BY THE COVID-19 PANDEMIC, AS
AUTHORIZED BY CARES ACT; PROVIDING FOR A SAVINGS
CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Texas through the Dallas and Denton Counties has committed
funds from the United States Treasury Department under the Coronavirus Aid, Relief, and
Economic Security Act also known as the "CARES Act"; and,
WHEREAS, the City of Coppell is a local government defined by the Texas Government
Code § 791.003(4)(A) and has been providing funding from Dallas and Denton Counties to
administer and provide grants in conformity with Federal, State and County requirements and
desires to enter into this Agreement within the qualifying entities by receiving funding; and,
WHEREAS, the City of Coppell has adopted a Resolution to provide funding from the
Counties for the administration and distribution of a portion of funds to local businesses as
authorized by CARES Act; and,
WHEREAS, the City of Coppell desires to expand the use of available funds to be used as
local business rent support which is within the statutory and administrative guidelines for CARES
Act funding.
WHEREAS, the City Council of the City of Coppell finds it to be in the public interest to
amend and expanding for local funding to qualified entities and business located and/or serving in
Coppell, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. That the City Council of the City of Coppell, Texas, hereby amends its
CARES Act COVID-19 funding of local businesses through CARES ACT Business Program
Grants, as amended, under the terms and conditions as set forth in Exhibit "A", which is attached
hereto and incorporated herein, for qualifying local businesses as amended herein impacted by the
COVID-19 pandemic, as authorized by CARES Act.
SECTION 2. That the City Council of the City of Coppell amends the CARES ACT
Business Program Grant Program to permit funding of eligible expenses to local business in the
amount for each business as determined by City Manager that best service local business, and, as
TM 118689
uniformly and equally as practicable. Each grant authorized herein is subject to execution of the
appropriate documents with the qualifying entities or businesses as set forth in the amended
Program Grants (Exhibit A).
SECTION 3. That the City Council approves and authorize the City Manager or designee
to administer said Program under the terms and conditions set forth herein; and, to make such
accounting and administration that is necessary to fulfill the requirements of the CARES Act and
any regulations or rules adopted.
SECTION 4. Should any word, sentence, paragraph, clause, phrase or section of any
previous Resolution related to CARES Act, as amended, shall remain in full force and effect, save
and except as amended by this Resolution.
SECTION 5. This Resolution shall become effective immediately upon its passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell,
Texas, on thea7°� day of October, 2020
ATTEST:
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ASHLEY OWEd, CITY SECRETARY
TM 118689
EXHIBIT "A"
(Following page)
Coppell Cares Business Rent/Mortgage Assistance Grant Program
Purpose:
The Business Rent/Mortgage Assistance Grant Program is designed to assist small businesses
who have endured financial distress due to COVID-19. This grant program will replace the
Coppell Cares Restaurant Assistance Grant and the Coppell Cares Business Retrofit Grant.
This new business assistance program is designed to aid small businesses with their
rent/mortgage. The Coppell CARES Rent/Mortgage Assistance Grant will grant all eligible small
businesses, as defined by the SBA, with a maximum grant of $5,000. The business must meet
specific criteria detailed below to qualify for the grant.
The City of Coppell is dedicating $1,323,714.54 to the Coppell Cares Business Rent/Mortgage
Assistance Grant Program. Businesses that apply and meet the qualifying criteria will be
awarded a maximum of $5,000 to use for rent or mortgage payments. Businesses may only
receive this grant one time. To qualify, a business:
• Must be located within the city limits of Coppell and must be in current compliance with
the City of Coppell Code of Ordinances, including all applicable zoning and land use
ordinances;
• Must not be in any litigation with the City of Coppell or the County in which theyare
located;
• Must have a physical store front in the City of Coppell;
• Must have a current utility bill showing a Coppell address for the business;
• Must demonstrate that they have endured a 10% or greater reduction in sales/business
for at least two months after March 1, 2020 due to the COVID-19 pandemic.
The following documentation must be provided by the business at the time of application:
• A completed application.
• A signed Affidavit of Eligibility and Liability Release Agreement.
• A copy of the Certificate of Occupancy for the business.
• A copy of a current utility bill showing a Coppell address for the business.
There will be a continuous call for applications until all funds have been distributed. Staff will
review applications once per week. A business may qualify for this program even if they have
previously received a grant from the City of Coppell, but businesses that have not previously
received a grant will be given higher priority when considering applications. Businesses will also
be responsible for turning in all necessary paperwork by a specified date in order to receive their
grant.
Applicants will be notified once their grant is approved. At that time, additional paperwork will
be sent to applicant to complete before payment can be made.
*** Please be aware that grants are considered gross income that is taxable to a business
receiving the grant under the Internal Revenue Code.***
If you have questions, please email Mindi Hurley at mhurley@coppelltx.gov.
Coppell Cares Business Rent/Mortgage Assistance Grant Program
Application
Date of Application:
Name of Business:
Business Address:
Business Phone Number:
Business Website:
Number of Years in Service in Coppell:
Owner Name:
Owner Email Address:
Owner Phone Number:
General Manager Name:
General Manager Email Address:
General Manager Phone Number:
Square Footage of Your Business:
Number of Employees at the Coppell Location:
Is the Business Currently Open and Operating:
Please list revenue for each of the following months for the past two years:
Year February March April May June July August
2019
2020
Have you applied for any other program, loans and/or grants since March 1, 2020:
Yes No
If yes to the question above, please list all programs, loans and/or grants that have been
applied for and the application status by indicating the following: a) received, b) denied or c)
pending:
Program/Loan/Grant Status
Is Business in current compliance with all City of Coppell Code of Ordinances, including all
applicable zoning and land use ordinances:
The information provided will be kept confidential. By signing below, you declare that you are
authorized to apply for this grant on behalf of the restaurant and that all the information
provided is truthful to the best of your knowledge. You also understand that if any of the
information provided is determined to be incorrect after an award is granted, applicant may be
required to repay the full amount of the grant.
Applicant Signature
Print Name
Title
E -Mail Address & Phone Number
Date
STATE OF TEXAS §
COUNTY OF DALLAS §
Affidavit of Eligibility and Liability Release Agreement
BEFORE ME, the undersigned authority, on this day personally appeared
, and upon his/her oath deposed and stated as follows:
This Affidavit of Eligibility and Liability Release Agreement ("Affidavit/Release" or
"Agreement") to the City of Coppell, Texas ("City") as a legal representative of
(the "Company"), with the understanding that this
Affidavit/Release will be relied upon by the City (and the other City Persons) in connection with
the Company's application for financial assistance (the "Application") under the Coppell Cares
Business Retrofit Grant Program (the "Program"). Company acknowledges and agrees that there
is adequate, sufficient, and good and valuable consideration for this Affidavit/Release.
Compliance:
1. Company is in compliance with, and will continue to comply with all the rules,
regulations, terms and conditions set forth in the Application, and with all laws, rules and
regulations pertaining to the Application and the Program; that all information provided to the City
now and in the future has been and will be true, accurate, and complete. Company has not
perpetrated and will not perpetrate any fraud or deception in connection with the Program.
Company has not sought to influence the outcome of the Application and is submitting this
Agreement as expressly required under the Program's criteria.
2. Company understands that the City or its agents may be required to advise the United
States Internal Revenue Service of the value of any Program grant awarded to the Company, and
in connection therewith, a completed Form W-9 is attached hereto. I acknowledge and agree that
I may be subject to taxation in connection with a Program grant and will pay any and all such taxes
when due.
Release. Indemnity and Hold Harmless:
3. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER
DISCHARGES, AND COVENANTS NOT TO SUE THE CITY OR ANY OF THE CITY'S
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR
OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, "CITY PERSONS"), FOR
AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM,
ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES
WHATSOEVER, (COLLECTIVELY, "CLAIMS"), WHICH THE COMPANY MAY NOW OR
HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN
CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION,
ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR
OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO,
DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR
DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL
ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING,
WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE
TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR
OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY
ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS,
THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND.
Company has voluntarily chosen to submit its Application and hereby accepts Program
grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with
respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in
connection with or result from the Application and/or Program Grant, and/or Company's
acceptance, use, misuse, or possession thereof.
4. FURTHER, COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS THE CITY AND ALL CITY PERSONS FROM AND AGAINST ANY
AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND
ATTORNEY'S FEES (NOT TO EXCEED $350.00 PER HOUR), THAT MAY ARISE OUT OF,
RESULT FROM, OR BE INCURRED DUE TO THE SUBMISSION OF COMPANY'S
APPLICATION OR ITS PARTIPCATION IN THE PROGRAM, ACCEPTANCE OF A
PROGRAM GRANT, ACCEPTANCE, USE, MISUSE OR POSSESION THEROF, OR ANY
ACTS OR OMISSIONS IN CONNECTION THEREWITH. SUCH DEFENSE, INDEMNITY
AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND
TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY,
ANY CITY PERSONS, OR ANY OTHER PERSONS, OR BY ANY ACT OR OMISSION OF
THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE
TO STRICT LIABILITY OF ANY KIND.
5. It is the Company's express intent that this Affidavit/Release shall bind the Company,
its agents, heirs, assigns, successors and legal representative(s), and shall be deemed as a
RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the City and all other
City Persons (identified herein, including paragraph 3 hereof) for any and all purposes.
6. COMPANY UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT
BY SIGNING IT, AMONG OTHER THINGS, COMPANY GIVES UP ITS RIGHT TO SUE OR
OTHERWISE MAKE A CLAIM against the City and all other City Persons, as set forth herein._
Representations:
7. I certify that I am a properly authorized official or agent of the Company and have the
necessary legal authority to execute this Affidavit of Eligibility and Liability Release Agreement
on the Company's behalf.
8. Company is not in any type or manner of litigation or contemplating litigation with the
City or County of Dallas.
9. Company is currently operating with its principal place of business within the corporate
limits of the City.
Miscellaneous Provisions:
10. Company agrees to return, immediately upon demand by the City, any and all Program
grant funds that have been or may be awarded if any statement, certification, or representation
made in this Affidavit/Release is discovered or believed to be false or misleading, and Company
acknowledges and agrees that all available legal, equitable and other rights and remedies may be
pursued against it in connection therewith. Company represents and affirms that this
Affidavit/Release does not conflict with any other commitments or obligations on its part.
11. Except for the Application and Program eligibility criteria, this Affidavit/Release
constitutes the entire Agreement between Company and the City with respect to the matters
described herein, and supersedes any and all other agreements and communications, oral or
written, between Company and the City, any City Persons, or any other Persons. This Agreement
may not be amended or supplemented except by a (paper) writing signed by the Company and the
City.
12. The section and subsection headings contained herein are for convenience only and
shall not be used in interpretation of this Agreement and are not intended to define or limit the
scope of any provision of this Agreement. For purposes of this Agreement, "including" is a term
of enlargement and not of limitation or exclusive enumeration, and use of the term does not create
a presumption that components not expressed are excluded.
13. Company signs and makes this Affidavit/Release voluntarily, freely, and knowingly,
and it has not relied upon any representations made by the City or any City Person in signing this
Affidavit/Release.
14. This Affidavit/Release shall be governed by and construed according to the laws of the
State of Texas (without reference to the choice of laws provisions of any jurisdiction), and venue
for all matters, claims, or proceedings hereunder shall lie exclusively in Dallas County, Texas.
15. The provisions of this Affidavit/Release are severable, and if any provision hereof is
held to be illegal, invalid or unenforceable under present or future constitution or laws, such
provision shall be fully severable and this Affidavit/Release shall be construed and enforced as if
such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions
hereof shall remain in full force and effect.
COMPANY CERTIFIES IT HAS READ THIS AFFIDAVIT/RELEASE, HAS FULLY
INFORMED ITSELF OF ITS CONTENTS BEFORE EXECUTION, AND UNDERSTANDS
ALL OF ITS TERMS, PROVIISONS, AND CONDITIONS. COMPANY HEREBY
REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE IN THIS
AFFIDAVIT/RLEASE ARE TRUE, ACCURATE AND COMPLETE.
[Signature Page to Follow]
Signature:
Title:
Name:
Company address:
Date:
STATE OF TEXAS §
COUNTY OF DENTON §
Affidavit of Eligibility and Liability Release Agreement
BEFORE ME, the undersigned authority, on this day personally appeared
, and upon his/her oath deposed and stated as follows:
This Affidavit of Eligibility and Liability Release Agreement ("Affidavit/Release" or
"Agreement") to the City of Coppell, Texas ("City") as a legal representative of
(the "Company"), with the understanding that this
Affidavit/Release will be relied upon by the City (and the other City Persons) in connection with
the Company's application for financial assistance (the "Application") under the Coppell Cares
Business Retrofit Grant Program (the "Program"). Company acknowledges and agrees that there
is adequate, sufficient, and good and valuable consideration for this Affidavit/Release.
Compliance:
1. Company is in compliance with, and will continue to comply with all the rules,
regulations, terms and conditions set forth in the Application, and with all laws, rules and
regulations pertaining to the Application and the Program; that all information provided to the City
now and in the future has been and will be true, accurate, and complete. Company has not
perpetrated and will not perpetrate any fraud or deception in connection with the Program.
Company has not sought to influence the outcome of the Application and is submitting this
Agreement as expressly required under the Program's criteria.
2. Company understands that the City or its agents may be required to advise the United
States Internal Revenue Service of the value of any Program grant awarded to the Company, and
in connection therewith, a completed Form W-9 is attached hereto. I acknowledge and agree that
I may be subject to taxation in connection with a Program grant and will pay any and all such taxes
when due.
Release. Indemnity and Hold Harmless:
3. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER
DISCHARGES, AND COVENANTS NOT TO SUE THE CITY OR ANY OF THE CITY'S
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR
OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, "CITY PERSONS"), FOR
AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM,
ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES
WHATSOEVER, (COLLECTIVELY, "CLAIMS"), WHICH THE COMPANY MAY NOW OR
HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN
CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION,
ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR
OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO,
DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR
DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL
ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING,
WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE
TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR
OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY
ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS,
THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND.
Company has voluntarily chosen to submit its Application and hereby accepts Program
grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with
respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in
connection with or result from the Application and/or Program Grant, and/or Company's
acceptance, use, misuse, or possession thereof.
4. FURTHER, COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS THE CITY AND ALL CITY PERSONS FROM AND AGAINST ANY
AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND
ATTORNEY'S FEES (NOT TO EXCEED $350.00 PER HOUR), THAT MAY ARISE OUT OF,
RESULT FROM, OR BE INCURRED DUE TO THE SUBMISSION OF COMPANY'S
APPLICATION OR ITS PARTIPCATION IN THE PROGRAM, ACCEPTANCE OF A
PROGRAM GRANT, ACCEPTANCE, USE, MISUSE OR POSSESION THEROF, OR ANY
ACTS OR OMISSIONS IN CONNECTION THEREWITH. SUCH DEFENSE, INDEMNITY
AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND
TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY,
ANY CITY PERSONS, OR ANY OTHER PERSONS, OR BY ANY ACT OR OMISSION OF
THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE
TO STRICT LIABILITY OF ANY KIND.
5. It is the Company's express intent that this Affidavit/Release shall bind the Company,
its agents, heirs, assigns, successors and legal representative(s), and shall be deemed as a
RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the City and all other
City Persons (identified herein, including paragraph 3 hereof) for any and all purposes.
6. COMPANY UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT
BY SIGNING IT, AMONG OTHER THINGS, COMPANY GIVES UP ITS RIGHT TO SUE OR
OTHERWISE MAKE A CLAIM against the City and all other City Persons, as set forth herein._
Representations:
7. I certify that I am a properly authorized official or agent of the Company and have the
necessary legal authority to execute this Affidavit of Eligibility and Liability Release Agreement
on the Company's behalf.
8. Company is not in any type or manner of litigation or contemplating litigation with the
City or County of Denton.
9. Company is currently operating with its principal place of business within the corporate
limits of the City.
Miscellaneous Provisions:
10. Company agrees to return, immediately upon demand by the City, any and all Program
grant funds that have been or may be awarded if any statement, certification, or representation
made in this Affidavit/Release is discovered or believed to be false or misleading, and Company
acknowledges and agrees that all available legal, equitable and other rights and remedies may be
pursued against it in connection therewith. Company represents and affirms that this
Affidavit/Release does not conflict with any other commitments or obligations on its part.
11. Except for the Application and Program eligibility criteria, this Affidavit/Release
constitutes the entire Agreement between Company and the City with respect to the matters
described herein, and supersedes any and all other agreements and communications, oral or
written, between Company and the City, any City Persons, or any other Persons. This Agreement
may not be amended or supplemented except by a (paper) writing signed by the Company and the
City.
12. The section and subsection headings contained herein are for convenience only and
shall not be used in interpretation of this Agreement and are not intended to define or limit the
scope of any provision of this Agreement. For purposes of this Agreement, "including" is a term
of enlargement and not of limitation or exclusive enumeration, and use of the term does not create
a presumption that components not expressed are excluded.
13. Company signs and makes this Affidavit/Release voluntarily, freely, and knowingly,
and it has not relied upon any representations made by the City or any City Person in signing this
Affidavit/Release.
14. This Affidavit/Release shall be governed by and construed according to the laws of the
State of Texas (without reference to the choice of laws provisions of any jurisdiction), and venue
for all matters, claims, or proceedings hereunder shall lie exclusively in Denton County, Texas.
15. The provisions of this Affidavit/Release are severable, and if any provision hereof is
held to be illegal, invalid or unenforceable under present or future constitution or laws, such
provision shall be fully severable and this Affidavit/Release shall be construed and enforced as if
such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions
hereof shall remain in full force and effect.
COMPANY CERTIFIES IT HAS READ THIS AFFIDAVIT/RELEASE, HAS FULLY
INFORMED ITSELF OF ITS CONTENTS BEFORE EXECUTION, AND UNDERSTANDS
ALL OF ITS TERMS, PROVIISONS, AND CONDITIONS. COMPANY HEREBY
REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE IN THIS
AFFIDAVIT/RLEASE ARE TRUE, ACCURATE AND COMPLETE.
[Signature Page to Follow]
Signature:
Title:
Name:
Company address:
Date:
Coppell Cares Business Rent/Mortgage Assistance Grant Program
Submission Checklist
Please Check All Completed Items Included:
Fully completed application
A signed Affidavit of Eligibility and Liability Release Agreement for the
County in which the business is located
A copy of the company's Certificate of Occupancy
A copy of a current utility bill showing a Coppell address for the business