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HomeMy WebLinkAboutR-3745-5-20RESOLUTION NO.3745.5-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTER - LOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND COLLIN COUNTY, TEXAS, FOR THE FUNDING AND IMPLEMENTATION OF A DIRECT COSTS PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the InterIocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and, WHEREAS, Colin County has 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 emergency. Assisting municipalities witlin the County in recovering their costs directly incurred in responding to the COVID-19 emergency is a legitimate and lawful use of the CARES ACT funding; and, WHEREAS, the Allen City Council has been presented a proposed InterIocal Agreement by and between Collin County, Texas, and the City of Allen, Texas, providing terms and conditions for providing funding and implementation of a Direct Costs Program under the CARES ACT; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager or designee should be authorized to execute the Agreement on behalf of the City of Allen, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The terms and conditions of the Agreement, attached hereto as Exhibit "A," having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interest of the City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2. The City Manager or designee is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in this Agreement. SECTION 3. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12"" DAY OF MAY 2020. AP OVED: Debbie Stout, MAYOR ATTEST: Shelley B. Georg , 1 , CITY SEC9AETARY Stale of Texas Collin County Commissioners Court Court Order 2020-401-05-11 An order of the Collin County Commissioners Court adopting a program for direct costs expended by municipalities to address and respond to covid-19 public health emergency. Purpose. Collin County (hereinafter "County") has received federal funding under the Coronavirus Aid, Relief, and Economic Security Act (hereinafter "CARES ACT"). Citizens of municipalities located within the County are also citizens of the County. Except for Dallas, no municipalities located in whole or in part in Collin County received CARES ACT funding. The purpose of the program ("Direct Costs Program") is to assist eligible municipalities within the County with their direct COVID- t9 expenditures so that they can continue to be financially ready to address new challenges that may lie ahead as part of the COVID-19 emergency. The financial health of our municipalities is vital to the overall County health and welfare. The creation of this Program is an authorized use of CARES ACT funding. The City of Dallas is not eligible to participate in this program because it has received its own CARES ACT funding. Eligible Municipalities under this Program are limited to: Allen Frisco Murphy Richardson Anna Lavon Parker Wylie Celina Lucas Plano Royce City Fairview McKinney Princeton Garland Farmersville Melissa Prosper Sachse 2. Sole Source of Funding. The sale source of funding for each eligible municipalities' allocated share of the Direct Costs Program is the CAFES ACT funding received by the County, Eligible Expenditures. This Direct Costs Program only covers expenditures made by municipalities between March 1, 2020 and 11:59 PM December 30, 2020. Committing to an expenditure does not qualify. Payment of the expenditure actually has to have been made by 11:59 PM on December 30, 2020; 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 from municipal funds, 4. Total Funding. The County will make a total of $50,000,000 of CARES ACT funding available for this Direct Costs Program. Individual Municipal Funding. Thy total fuTiding avi lable for the Direct Costs Program will be allocated between each eligible municipality based on its population within the County. Each municipaii ty receiving a share of these funds ("Municipal Funds") shall deposit them into a special segregated account created by each municipality solely for holding and dispersing the Municipal Funds. This account must be interest.. bearing and similarly insured as the municipality's other funds. 6. Use of Funds. Each eligible municipality receiving an allocation under the Direct Costs Program may use their Municipal Funds for reimbursing the municipality for COVID- 19 expenditures already paid and incurred, and for expenditures to assist it with the ongoing responses to COVID-19 as detailed in an ILA with the municipality Examples of eligible COVID-19 post 3/1/2020 expenditures include, but are not limited to, past and ongoing sanitation, COVID-19 testing, past or ongoing acquisitions of personal protective equipment for employees, overtime related to COVID-19, employee time dedicated to fielding and answering COVID-19 calls rather than handling their normal work, self -quarantine expenses for homeless, preparing for the future re-emergence of COVID-19 by purchasing and stocking PPF. and sanitation supplies, and other expenditures recoverable by municipalities as described in the U.S. Department of the Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments. 7. Documentation for all Expenditures. Each municipality receiving Municipal Funds shall be required to document and justify that each disbursement of Municipal Funds was an eligible expenditure under its ILA with the County and the CARES ACT. All documentation shall be due no later than January 15, 2021. 8. Reimbursement and Recapture of Ineligible Expenditurm if the County, or its designee, reasonably determines that a municipality's expenditure of Municipal Funds is not an eligible expenditure, then the municipality shall immediately reimburse its Municipal Funds with an amount equal to the amount of the ineligible expenditure from other of its funds. The municipality shall have 30 days Of receipt of the County's, or its designee's, determination of an ineligible expenditure to reimburse the ineligible expenditure to its Municipal Funds. If the County has to enforce its ILA it shall be entitled to recover its reasonable attorney's fees and costs incurred in doing so. If the municipality's Municipal Funds account is already closed out, the reimbursement of the ineligible expenditure shall be made directly to the County. 9- Repayment of Unused Municipal Funds to the County. If any of a municipality's Municipal Funds are not expended as provided in its ILA with the County by 11.59 PM December 30, 2020, the municipality shall return the unspent Municipal Funds to the County within thirty (30) days. 10 Interlocal Agreement Prior to receiving, and as a condition to receiving, any Municipal Funds, each municipality must enter into an interlocal cooperation agreement with the County which incorporates the terms of this Direct Costs Program and provides for other matters ("ILA"). If the County, in its sole discretion, determines that a municipality has breached its ILA with the County, then the County may declare the ILA to be in default, and it may require the return and repayment to the County of the remaining balance of the Municipal Funds, including any reimbursements for ineligible expenditures. 11. Administration Cost. Because this funding is for the benefit of the municipalities, the municipalities are not entitled to recovery of administrative costs or fees from their Municipal Funds. A motion was made, seconded, and carried by a majority of the court members in attendance during a regular session on Monday, May 11, 2020. Chris Hill, County Judge Susan Fletcher, Commissioner, Pct 1 i Cheryl W tams, Commissioner, Pct 2 -I?e"r'- Darrell Hale, Commissioner, Pct 3 rZ44V4J44 uncap Webb, Commissioner, Pct 4 �2. AT"1 'ST: Stacey Kemp, Caun y Clerk INTERLOCAL COOPERATION AGREEMENT [MUNICIPAL DIRECT EXPENSE FUNDING] As provided for by Chapter 791 of the Texas Government Code, this Interlocal Cooperation Agreement ("Agreement") is entered into by and between Collin County, Texas (hereinafter"County") and the City of Allen,Texas(hereinafter"City")under the County's Emergency Program for Direct Costs Expended by Municipalities located in Collin County to address and respond to COVID-19. 1. Program Description.The County has 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 emergency. Assisting municipalities within the County in recovering their costs directly incurred in responding to the COVID-I 9 emergency is a legitimate and lawful use of the CARES ACT funding. 2. Incorporation of Program. The Order of the Collin County, Texas Commissioners Court establishing a COVID-l9 Emergency Program for Direct Costs Expended by Municipalities located in Collin County to Address and Respond to COVID-19 (hereinafter"Direct Costs Program") is attached hereto and incorporated by reference herein. 3. Grant and Funding to City. Subject to the terms and conditions of this Agreement, the County agrees to grant and transfer to the City the sum of$5,376,848.82 of its CARES ACT funding("Municipal Funds"). The City agrees to deposit these Municipal Funds into a separate, segregated account created solely for holding and dispersing these Municipal Funds.The account must be an interest-bearing account and similarly insured and protected as the City's other funds. 4. Use of Municipal Funds. The City may use its Municipal Funds for reimbursing itself for COVID-19 expenditures already paid and incurred, and for expenditures to assist it with its ongoing responses to COVID-19 as detailed in the CARES ACT, the Direct Costs Program and this Agreement. Municipal Funds may be used for all expenditures that municipalities are eligible to recover under the CARES ACT as described under said Act and the U.S. Department of the Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments as applies to municipalities. Payments for the performance of governmental functions or services shall be made from current revenues available to the paying party. 5. City's Obligations relating to its Use of the Municipal Funds. The City agrees to: a) only use the Municipal Funds in compliance with this Agreement and for eligible expenditures related to the COVID-19 emergency; b) reimburse and return to the Municipal Funds account within thirty days any portion of the Municipal Funds that the County, the U.S. Department of Treasury, or their designee, deems were not used for COVID-l9 purposes, or not used pursuant to the terms of this Agreement, or if the City's Municipal Funds account is already closed out, the reimbursement and return of the ineligible expenditure shall be made to the County; c) document and justify that each expenditure from its Municipal Funds was an eligible expenditure under this Agreement and the CARES ACT. All documentation shall be delivered to the County no later than January 15, 2021, and shall be kept by the City for a minimum of four years from the close of the Direct Costs Program; 1 d) allow inspection of all documentation and records related to its expenditure of its Municipal Funds by the County or the U.S. Department of Treasury upon reasonable request; e) use the Municipal Funds only for eligible expenditures made between March 1,2020 and 11:59 p.m.,December 30,2020; f) return and re-pay within thirty days to the County any Municipal Funds not expended by 11:59 p.m.,December 30,2020; g) acknowledge and recognize that the source of these Municipal Funds is Collin County and its CARES ACT allocation for any public programs or initiatives using these Municipal Funds; h) coordinate with the County any public programs or initiatives so that no duplication of services,initiatives or programs occurs;and i) impose similar terms and conditions upon any sub-recipient of its Municipal Funds. 6. Reports. The City shall provide periodic reports relating to the use of the Municipal Funds as requested or required by the County. 7. Eligibility Issues. If the City is not sure that an expenditure will qualify, it should seek an opinion from its City Attorney prior to making the expenditure. 8. Nature of Funding. The CARES ACT funding is being received from the County to the City as a sub-recipient. As a sub-recipient of CARES ACT funding the City acknowledges that its use of the funds is subject to the same tern-is and conditions as the County's use of such funds. The City hereby agrees to comply with all terms and conditions of the CARES ACT funding, and to hold the County harmless against any repayments, penalties, or interest incurred as a result of the City's failure to comply with all terms and conditions of the CARES ACT funding. Funds spent in non-compliance with the CARES ACT are subject to recapture by the County for return to the Direct Costs Program or for return to the U.S. Treasury Department. 9. Attorney's Fees and Costs. In accordance with the Program, the County shall be entitled to recover its reasonable and necessary attorney's fees and costs against the City if it is required to undertake litigation to enforce the terms of this Agreement to the extent allowed by law. 10. Law and Venue. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. Venue of any dispute shall be in a court of competent jurisdiction in Collin County,Texas. 11. No Assignment.The City may not assign this Agreement. 12. Entire Agreement. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their legal representatives,receivers,executors,successors,agents and assigns. 13. Amendment. Any Amendment of this Agreement must be by written instrument dated and signed by both parties. 2 14. Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 15. Waiver.No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. I6. Signature Authority.The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. COLLIN COUNTY,TEXAS By: --- Chris Hill,County Judge IS Mkt 2020 Date Attest: County C erk C - CITY OF ALLEN,TEXAS By: Eric Ellwanger,Ci _-, Date _,otttuirif,4"-,, Attest; ZPZI 1I" • * - fzz Shelley B.Geor ,City Secretary , . 'i11i1,EN`isi�```'�'. 3