Metrocrest Services Agreement-CN 2021-01-12THE STATE OF TEXAS § AGREEMENT FOR ADMINISTRATION BY AND
§ BETWEEN CITY OF COPPELL AND METROCREST
COUNTY OF DALLAS § SERVICES, INC FOR
COPPELL CARES PROGRAM FOR
FOOD AND HOUSING ASSISTANCE
This agreement ("Agreement") is made and entered into as of the Effective Date by and
between the City of Coppell, Texas (the "City"), and Metrocrest Services, Inc. (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
emergency housing, living assistance and food assistance to persons who have become
unemployed or underemployed directly as a result of the COVID-19 public health emergency; and
WHEREAS, the City and the County entered into that certain Interlocal 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 Interlocal Agreement"); and
WHEREAS, the CARES Act allows the City to set up programs for food, housing and
utilities assistance for its residents impacted by the COVID-19 pandemic; and
WHEREAS, the City established the Coppell CARES Program (Program) which includes
funding from the Dallas County CARES Act Funding Interlocal Agreement for food, housing and
utilities assistance to City residents; and
WHEREAS, the Dallas County CARES Act Funding Interlocal Agreement is incorporated
herein for all purposes; and
WHEREAS, the Provider is a Texas nonprofit corporation established under the laws of
the State of Texas for the purpose of providing food, housing and utilities assistance and
information and referral service regarding available social services for people living in the City
and surrounding cities; and
WHEREAS, the Provider agrees to administer the Coppell Cares Program for food,
housing and utilities assistance on behalf of the City for eligible residents within the City and
agrees to comply with the terms and conditions of this Agreement and the Dallas County CARES
PAGF. 1 COPPELL CARES ACT PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
Act Funding Interlocal Agreement and be solely responsible for its performance under this
Agreement; and
WHEREAS, the City has previously allocated Two Hundred Forty -Four Thousand Five
Hundred Fifty Dollars ($244,550.00) of the funding from the Dallas County CARES Act Funding
Interlocal Agreement for the Provider to distribute to "Eligible Residents" (hereinafter defined)
for food, housing and utilities assistance; and
NOW THEREFORE, in consideration of all mutual covenants and agreements
hereinafter set forth, and other good and valuable consideration the sufficiency and receipt of
which is hereby acknowledged, the Parties agree as follows:
Article 1
Term; Termination
1.1 This Agreement shall be effective upon execution by the Parties ("the Effective
Date") and shall expire on December 31, 2021, unless terminated sooner as provided herein.
1.2 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
the Provider shall immediately return any unexpended funds provided by the City pursuant to this
Agreement.
Article II
Definitions
"Eligible Expenditures" shall mean the necessary expenditures consisting of food delivery
and mortgage, rental, or utility assistance to Eligible Residents incurred 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 31, 2021.
"Eligible Resident" shall mean vulnerable residents of the City whose income has been
disrupted as a result of the COVID-19 public health emergency between March 1, 2020 and 11:59
A.M. December 31, 2021.
Article III
Services
3.1 Administration. The Provider agrees to administer the Program on behalf of the
City for Eligible Residents in the City.
3.2 Payment of Funds. The City agrees to reimburse Provider up to the sum of Two
Hundred Forty -Four Thousand Five Hundred Fifty Dollars ($244,550.00) less any money that has
been previously paid for the Program. The Provider shall submit an invoice to be reimbursed for
eligible funds distributed under the Program and the applicable administrative costs. The invoice
PAGE 2 COPPELL CARES ACT PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
shall be submitted monthly along with the required supporting documents by the 7h of each month.
It is encouraged that supporting documentation be submitted on a bi-weekly basis to allow the City
time to review the information to speed reimbursement processing.
3.3 Eligible Expenditures. This Program only covers distributions and expenses made
between March 1, 2020 and 11:59 PM December 10, 2021. Committing to a distribution does not
qualify. Payment of the expenditure actually has to have been made by 11:59 PM on December 10,
2021; the expenditure must have been or must be for the purpose of addressing or responding to the
COVID-19 emergency; and the expenditure must not have already been budgeted for as of March
27, 2020. Any expenditures obligated, but not yet paid by this time shall not be eligible.
3.4 Documentation for all Expenditures. The City and the Provider must comply with
the recordkeeping, reporting and other requirements of the CARES Act. The Provider shall
document each use of Funds. The City and the Provider shall keep and maintain all records of the
administration and use of Program funds for a period of four (4) years and ninety (90) days
beginning on December 31, 2021.
3.5 Use of Funds. The Provider agrees that the Program funds will be dedicated solely
to Eligible Residents in the City for Eligible Expenditures. The use of funds is governed by this
Agreement, the CARES Act and all U.S. Treasury Department regulations or guidelines
thereunder. The Provider hereby agrees to comply with all terms and conditions relating to the use
of funds from the Dallas County CARES Act Funding Interlocal Agreement funds and the CARES
Act. The Provider agrees to provide periodic reports relating to the use of Program funds as may
be requested or required by the County. The Provider agrees to:
a) only use Program funds for eligible expenditures under the CARES Act and in
accordance with this Agreement;
b) only use Program funds for expenditures made between March 1, 2020 and
11:59 p.m., December 31, 2021;
c) document and justify that each Program participant is an Eligible Resident;
d) acknowledge and recognize that the County is the source of the City Program
funds as part of each City's Program funding under the CARES Act;
e) comply with the terms and conditions of this Agreement and the Dallas County
CARES Act Funding Interlocal Agreement;
f) ensure that Eligible Resident has not applied or received funds from the
County's Emergency Housing Assistance Program; and
g) fund costs for administering the Program, pursuant to Section 3.1 of this
Agreement, in an amount not to exceed ten percent (10%) of all funds
distributed under this Agreement.
3.6 Administration. Provider Services shall manage and administer this Program on
behalf of their City as follows:
a) Provider shall accept, verify, approve/deny, and track applications to the
program.
PAGE 3 COPPELL CARES ACT PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
b) Provider shall create a file for each eligible applicant that contains: the
completed COVID 19 Impact Form, application, proof of need documentation
and copy of payment verification.
c) Provider shall submit a monthly report detailing the distributions and
administrative costs for which they are seeking reimbursement. The report shall
list the applicant identifier, payee, amount distributed, and reason for the
distribution (rent or mortgage assistance, food assistance or utility assistance).
d) If a grant is made to an eligible applicant, the grant must be made directly to
the landlord or financial institution of the applicant, or the utility provider, or
for food, through direct assistance or a voucher.
e) The City has the right to access and review any application and supporting
material, and reject/refuse payment for any of the approved applications if
determined ineligible or to have insufficient information; and
f) The City and Provider Services must comply with the recordkeeping, reporting
and other requirements of the CARES Act.
g) On or about November 1, 2021, Provider and the City shall meet to evaluate the
total disbursements made to date and to estimate the funds that will be expended
by the close of the submittal period (December 10, 2021).
3.7 Eligibility and Criteria for the Program. To be eligible for a grant from the
Program:
a) The applicant must be a resident of both the City and Dallas County;
b) Criteria are those set forth in the CARES Act and the Treasury Department's
guidance thereon;
c) Only one applicant per household;
d) Rent on a lease where the landlord is related within the second degree by blood
or marriage to the applicant is not eligible.
3.8 No Duplication of Assistance Applications. Applicant or any other person in the
household cannot be currently seeking or have received housing or living assistance for the same
expenses under any other federal, state, or local program.
3.9 Assistance Grant. The following rules apply to the amount and extent of grants to
an applicant:
a) If the housing, utilities and/or food assistance applications are approved, the
maximum assistance grant is $1,500 per month, not to exceed (3) months or
$4,500, whichever is less. Payments are to be made directly to the providers.
b) Grant applications may not include a request for payments for property tax,
insurance or late fees.
c) Subject to the limits above, food assistance is provided from the Provider Food
Pantry.
d) Utility assistance for municipality provided utility services (water, wastewater,
electric, gas or solid waste disposal) are ineligible.
e) Regardless of whether the Applicant has qualified for all three grants, grant
PAGE 4 COPPELL CARES ACT PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
assistance under the Program is capped at $4,500 for any one household. Once
the cap is reached all grant funding for the grantee is closed, even if the grantee
has been qualified for additional funds not yet paid to the grantee.
3.10 Reimbursement and Recapture of Ineligible Expenditures. The Parties understand
that the distribution of funds for food, housing and utilities assistance to Eligible Residents is an
eligible use of the Dallas County CARES Act Funding Interlocal Agreement and CARES Act
funds. If the County, the U.S. Department of Treasury, or its designee, in its reasonable discretion,
determines that the expenditure of Funds is not an eligible expenditure, then the City shall be
responsible to make any necessary reimbursement in an amount equal to the amount of the ineligible
expenditure from other of its funds.
3.11 Repayment of Unused Funds. Any Program funds not expended as provided herein
by 11:59 PM December 31, 2021 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.
Joint Obligations relating to Use of the Funds.
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;
e) 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;
I} coordinate with the County any public programs or initiatives so that no
duplication of services, initiatives or programs occurs; and
g) comply with the terms and conditions of the Program.
Article IV
Indemnification
Provider agrees to assume and does hereby assume all responsibility and liability for
damages sustained by persons or property, whether real or asserted, in connection with the
performance of services performed and to be performed hereunder. Provider covenants and agrees
PAGE 5 COPPELL CARES ACT PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
to, and does hereby indemnify and hold harmless the City its council, officers, agents, and
employees from all suits, action, or claims of any character brought for or on account of any
injuries or damages, whether real or 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
PAGE 6 COPPELL CARES ACP PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
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
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: With copy to:
Mike Land, City Manager Robert E. Hager
City of Coppell, Texas Nichols, Jackson, Dillard, Hager & Smith, LLP
13000 William Dodson Parkway 1800 Ross Tower
Coppell, Texas 75234 500 N. Akard
Dallas, Texas 75201
If intended for Provider:
Tracy Eubanks, Chief Executive Officer
Metrocrest Services, Inc.
13801 Hutton Drive, Suite 150
Coppell, Texas 75234
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 on following page)
PAGE 7 COPPELL CARES ACT PROGRAM AGREEMENT: CITY OF COPPELL AND
METROCREST SERVICES, INC -(TM 119983)
SIGNED AND AGREED this day of �,600XO2021.
CIT
Attest:
P AA
Ashley Oweq, ity Secretary
Approved Form:
Robert E. Hage , Attorney
' SIGNED AND AGREED this day of 77 2021.
METROCREST SERVICES, INC.
Ir,l
By: ~
Tracy Eubanks, ecutive Officer
PAGE 8 COPPELL CARES ACT PROGRAM AGREEMENT. CITY OF COPPELL AND
METROCREST SERVICES, INC -CTM 119983)