R-3746-5-20RESOLUTION NO.3746-5-20(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 HOUSING ASSISTANCE PROGRAM; AUTHORIZING
ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Interlocal 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 within the County in providing relief to owners and renters of multi -family housing that
take advantage of certain federally assisted, federally -insured programs and "federally backed" mortgage
loans is a legitimate and lawful use of the CARES ACT funding; and,
WHEREAS, the Allen City Council has been presented a proposed Interlocal Agreement by and between
Collin County, Texas, and the City of Allen, Texas, providing terms and conditions for providing funding and
implementation of a Housing Assistance 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 AIlen, 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 TIIE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12 r" DAY OF MAY 2020.
AOVED: 091—
P7Debbie Stout, MAYOR
ATTEST:
She ey . Geo I ., �CITY�SCR�ETARY
State of Texas
Collin County
Commissioners Court
Court Order
2020-402-05-11
An order of the Collin County Commissioners Court adopting the Collin Cares assistance program.
WHEREAS, the COVID-19 pandemic has caused many Collin County residents to become unemployed or
underemployed, placing them in default or at risk of default on the lease or mortgage for their housing, and/or
causing them to be unable to pay their utility bills, or in some cases buy food; and
WHEREAS, Collin County (hereinafter "County") has received federal funding under the Coronavirus Aid,
Relief, and Economic Security Act (hereinafter" CARES ACT"); and
WHEREAS, one purpose for which the funds can be used is to assist citizens who have suffered direct economic
damage as a result of the CO VID-19 pandemic which would include housing and living assistance; and
WHEREAS, to respond to this need caused by the COVID-19 public health emergency, the County is adopting this
Collin Cares Assistance Program (hereinafter" Program").
brow, therefore, be it ordered by the Collin County Commissioners Court that the following Collin Cares assistance
program is adopted.
1. Incorporation of Recitals. The foregoing recitals are incorporated herein and made findings of fact.
Program Purpose and Description. This Program is to provide funding assistance to residents of Collin
County in default or near default on the residential lease or mortgage for their housing unit, or in danger
of losing their housing unit due to the effects of the COVID-19 public health emergency, and to provide
for assistance with utilities and food for families whose income has been disrupted by the COVID-19
public health emergency. Administrative services for this Program will be provided by the municipalities
of Alien, Frisco, McKinney, and Plano (hereinafter "Municipalities")
Each Municipality will be given an area of the County to serve which includes the Municipality, but also
includes other cities and unincorporated areas. This is the Municipality's Program Area (hereinafter
"Program Area"). Each Program Area receives an allocation of CARES ACT funding for the Program in
the Program Area. Each Municipality's Program Area is set out in Appendix A. Because the City of
Dallas has received its own CARES ACT funding, the portion of the City of Dallas located within Collin
County is ineligible for this Housing and Living Assistance Program.
Sole Source of Funding. The sole source of funding for the Program is CARES ACT funding received by
the County.
4. Eligible Expenditures. This Program only covers expenditures made by Municipalities between March 1,
2020 and 1 t: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.
5. Total Funding. The County will make a total of $30,000,000.00 of CARES ACT funding available for this
Program.
6. Individual Funding. The CARES ACT funding allocated to the Program will be distributed to the
municipalities up front on a population -based formula creating a fund for each municipality to use for
the Program in its Program Area (hereinafter "Municipal Funds ").
7. Use of Funds. The Municipal Funds of the Municipalities must be used for eligible expenses that relate
to housing assistance, utilities assistance, or nutritional assistance of applicants who have, as a result of
the COVID-19 public health emergency, suffered lost income that has placed them in default or in
immediate risk of default on the lease or note/deed of trust for their housing unit; and/or placed them in
default or in immediate risk of default on utilities for their housing unit; and/or has placed them in the
position of not being able to purchase adequate, nutritional food for their family. Proper use of the
Municipal funds is governed by the CARES ACT and any U.S. Treasury Department regulations or
guidelines thereunder-
8. Documentation for all Expenditures. Municipalities shall document each and every use of their Municipal
Funds. Records must be maintained. The Municipalities and their subcontractor, if any, are under the same
requirements and restrictions as the County with regard to the CARES ACT funds. All records of the
administration of the Municipal Funds must be retained for the retention period applicable to CARES ACT
funds.
9. Reimbursement and Recapture of Ineligible Expenditures. If the County, or its designee, in its reasonable
discretion, determines that a Municipality's expenditure of Municipal Funds is not an eligible expenditure,
then the Municipality shall reimburse its Municipal Funds with an amount equal to the amount of the
ineligible expenditure from other of its funds The Municipality shall have thirty (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 as allowed by law. If the Municipality's Municipal
Funds account is already closed out, the reimbursement of the ineligible expenditure shall be made directly
to the County.
10. 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 t 1:59 PM December 30, 2020, the municipality shall
return the unspent Municipal Funds to the County within thirty (30) days.
I[. InterIocal Agreement. prior to receiving, and as a condition to receiving any Municipal Funds, eatih
Municipality must enter into an interlocal cooperation agreement with the County which incorporates the
terms of this Program and provides for other matters ("ILA "). If the County, in its reasonable discretion,
determines that a Municipality, or its subcontractors, 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,
within 30 days of demand by the County.
12. Deadline for Applications. Because the actual expenditure of funds must take place by 11:59 PM on
December 30, 2020, the Municipalities must set an application deadline sufficiently prior to that time to
allow for the applications to have the opportunity to go through the review and payment process.
13. Process for the Housing and Living Assistance Program.
a. Municipalities are responsible for management and administration of the Program and the
Municipal Funds. If a Municipality subcontracts with another party, the Municipality remains solely
responsible and liable to the County for complying with the ILA and the use of the Municipal funds
as provided in the ILA and this Order;
b. If a grant is made to an applicant, the grant must be made directly to the landlord or financial
institution of the applicant, or the utility provider, or for food, through a voucher;
c. Each Municipality will ensure that it audits at least 10% of the approved applications. I lowever, in
addition, each city manager or designee must audit the first 10 approved applications within two
business days after each application's approval. This is important to ensure that any
misunderstandings as to criteria or as to the level of vetting expected are resolved at the earliest
point;
d. If there are disputed denials, a committee made up of the city managers of the Municipalities or their
designees shall review the disputed applications;
e. The Municipalities or their designees shall provide a close-out report detailing all of the grants made
under this Program by January 31, 2021; and
f. The Municipalities and their subcontractors must comply with the recordkeeping, reporting and
other requirements of the Interlocal Cooperation Agreements and the CARES Act.
14. Eligibility and Criteria for the Housing and Living Assistance Program.
To be eligible for a grant from the Housing and Living Assistance Program:
a. The applicant must be a resident of Collin County;
b. The residential unit must be located in Collin County, but outside the City of Dallas;
c. Maximum 200% of AMI (based on Census data);
d. Criteria are those set forth in the CARES Act, the Treasury Department's guidance thereon, and this
Order;
e. Only one applicant per household;
1. Must pass limited asset test as developed by the parties; and
g. Following expenses are not eligible for housing assistance: payments on a loan from individuals,
payments on seller financing, payments on contracts for deed, or rent on a lease where the landlord
is related within the second degree by blood or marriage to the applicant.
15. 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.
16. Processing and Documentation. The processing and administrative functions of administering the
Program shall be handled in accordance with the Administrative Requirements set forth in 2 C.F.R. 200.
17. 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 s2,50o per month, not to exceed four (4) months or $ 10,000, whichever is less. Payments are
to be made directly to the providers.
b. Subject to the limits of paragraph 17a, food assistance is provided in the form of food vouchers from
a food pantry or store in the amount of not more than $50.00 per person per week.
c. Regardless of whether the Applicant has qualified for all three grants, grant assistance under the
Program is capped at S 10,000.00 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.
18. Administration Cost. No administrative fee is to be paid. Actual out-of-pocket expenses, which must be
documented, will be reimbursed out of the Municipal Funds, not to exceed 15% of the Municipal Funds.
This includes the expenses of the Municipalities and their subcontractors.
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 Ilill, County judge
A d"d��
/w 'p
Susan Fletcher, Commissioner, Pct 1
Cheryl W ' ' ms, Commissioner, Pct 2
{
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Darrell Hale, Commissioner, Pct 3
an Webb, Commissioner, Pct 4
ry
ATT ' T: Sta ey Ke p, .. Jerk
INTERLOCAL COOPERATION AGREEMENT FOR ADMINISTRATION OF PROGRAM
[COVID-19 EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM]
Pursuant to 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 "Municipality") for the Municipality to perform certain
administrative services with relation to the County's COVID-19 Emergency Housing and Living
Assistance Program.
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 public health emergency. Providing emergency housing and living
assistance where people have become unemployed or underemployed directly as a result of the
COVID-19 public health emergency is an example of an expenditure made necessary by the
COVID-19 public health emergency. This program is to provide funding assistance to residents of
Collin County in default or near default on the residential lease or mortgage for their housing
unit, or in danger of losing their housing unit due to the effects of the COVID-19 public health
emergency, and to provide for assistance with utilities and food for families whose income has
been disrupted by the COVID-19 public health emergency (hereinafter "Housing and Living
Assistance Program" or "Program"). The municipalities of Allen, Frisco, McKinney, and Plano
are administering the Housing and Living Assistance Program under Interlocal Cooperation
Agreements with the County.
2. Incorporation of Program. The Collin County Order adopting the Housing and Living
Assistance Program is attached hereto and incorporated herein ("Order"). The Municipality
agrees to the terms, conditions, processes and criteria for operation of the Housing and Living
Assistance Program,as set forth in this Agreement and the Order.
3. Administration. The Municipality agrees to administer this Program for residents located
within its municipality but also for residents of Collin County located in the cities and
unincorporated areas of Collin County set out in Appendix A.This is the Municipality's Program
Area (hereinafter "Program Area"). Each Program Area receives an allocation of CARES ACT
funding for the Housing and Living Assistance Program in the Program Area. The Municipality
may subcontract with other responsible parties to assist it with implementing the Housing and
Living Assistance Program ("subcontractor") provided that the subcontractor agrees to comply
with the terms and conditions of this Agreement and the Program. The Municipality shall
remain solely responsible to the County for complying with and performing under this
Agreement and use of the Municipal Funds.
4. Eligible Expenditures. This Housing and Living Assistance Program only covers
expenditures made by the Municipality from the Municipal Funds 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
1
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 the Municipality's other funds.
5. Total Funding. The County will make a total of$30,000,000 of CARES ACT funding
available for this Housing and Living Assistance Program.
6. Individual Funding. The CARES ACT funding allocated to the Housing and Living
Assistance Program will be distributed to the Municipality up front on a population-based
formula creating a fund for the Municipality's use for the Housing and Living Assistance Program
in its Program Area (hereinafter "Municipal Funds"). The Municipality agrees.to deposit its
Municipal Funds into a separate, segregated account created solely for holding and dispersing
these Municipal Funds. The account must be interest bearing and similarly insured and
protected, as the Municipality's other funds.
7. Use of Funds. The Municipal Funds of the Municipality must be used for eligible
expenses that relate to housing assistance, utilities assistance, or nutritional assistance of
applicants who have, as a result of the COVID-19 public health emergency, suffered lost income
that has placed them in default or in immediate risk of default on the lease or note/deed of trust
for their housing unit; and?or placed them in default or in immediate risk of default on utilities
for their housing unit; and/or has placed them in the position of not being able to purchase
adequate, nutritional food for their family. Proper use of the Municipal Fund is governed by the
CARES ACT and any U.S. Treasury Department regulations or guidelines thereunder.
8. Documentation for all Expenditures. Municipality shall document each and every use of its
Municipal Funds. Records must be maintained. The Municipality and its subcontractors, are under
the same requirements and restrictions as the County with regard to the CARES ACT funds. All
records of the administration of the Municipal Funds must be retained for the retention period
applicable to CARES ACT funds.
9. Reimbursement and Recapture of Ineligible Expenditures. If the County, the U.S.
Department of Treasury, or its designee, in its reasonable discretion, determines that the
Municipality's expenditure of Municipal Funds is not an eligible expenditure,then the Municipality
shall 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 from 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 attomey's fees and costs incurred in doing so to the extent allowed by law. If
the Municipality's Municipal Funds account is already closed out, the reimbursement of the
ineligible expenditure shall be made directly to the County.
10. Repayment of Unused Municipal Funds to the County. If any of the Municipality's
Municipal Funds are not expended as provided herein by 11:59 PM December 30, 2020, the
Municipality shall return the unspent Municipal Funds to the County within 30 days.
2
11. Municipality's Obligations relating to Use of the Municipal Funds. Administrative
services of the Municipality shall include receiving applications, reviewing applications and
other documentation, making decisions on applications, and paying out the funding awards. The
Municipality may use responsible subcontractors in carrying out the administrative services
required under the Program. However, it is the Municipality that is ultimately responsible to
ensure that the Housing and Living Assistance Program is followed and that the Municipal Fund
is used correctly. Consult the attached Order for more details.The Municipality agrees to:
a) market the Housing and Living Assistance Program in its Program Area;
b) only to use the Municipal Funds in compliance with this Agreement and for
eligible expenditures under the CARES ACT;
c) reimburse and return to the County within 30 days any portion of the Municipal
Funds that the County, U.S. Department of Treasury, or its designee deems was not
used for COVID-l9 purposes, or not used pursuant to the terms and conditions of
this Agreement;
d) document and justify that each expenditure from the Municipal Funds was an
eligible expenditure or distribution under this Agreement and the CARES ACT;
e) provide a self-audit and documentation of all expenditures and distributions made
for the Program to the County no later than January 15, 2021, and keep copies of
such documentation for the retention period applicable to the CARES ACT;
f) use the Municipal Funds for expenditures related to the COVID-19 emergency
only;
g) use the Municipal Funds only for expenditures made between March 1,2020 and
11:59 p.m.,December 30,2020;
h) reimburse and re-pay to the County any monies in the Municipal Funds not
expended by 11:59 p.m., December 30,2020 within 30 days;
i) 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;
j) impose similar terms and conditions on any sub-recipients of Municipal Funds;
k) coordinate with the County any public programs or initiatives so that no duplication of
services, initiatives or programs occurs;and
1) comply the terms and conditions of the Housing and Living Assistance Program.
12. Nature of Funding. The CARES ACT funding is being received from the recipient, the
County, by the Municipality as a sub-recipient. As a sub-recipient of CARES ACT funding the
Municipality acknowledges that its use of the funds is subject to the same terms and conditions
3
as the County's use of such funds. The Municipality hereby agrees to comply with all terms and
conditions of the CARES ACT funding, and to the fullest extent allowed by law to hold the
County harmless against any repayments, penalties, or interest incurred as a result of the
Municipality's failure to comply with all terms and conditions of the CARES ACT funding.
13. Reports. The Municipality shall provide periodic reports relating to the use of the
Municipal Funds as requested or required by the County.
14. Administration Cost. No administrative fee is to be paid. Actual out-of-pocket expenses,
which must be documented, will be reimbursed out of the Municipal Funds, not to exceed 15%
of the Municipal Funds. This includes the expenses of the Municipality and its subcontractor(s).
15. Attorney's Fees and Costs. The County shall be entitled to recover its reasonable and
necessary attorney's fees and costs against the Municipality if it is required to undertake
litigation to enforce the terms of this Agreement to the extent allowed by law.
16. No Assignment. The Municipality may not assign this Agreement. The Municipality's
use of responsible subcontractors to assist the Municipality with implementing and performing
this Agreement does not constitute an assignment.
17. 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.
18. 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.
19. Amendment. Any Amendment of this Agreement must be by written instrument dated
and signed by both parties.
20. 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.
21. 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
County Judge
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Printed Name
I Mk/202c
Date
Attest:
County Clerk
CITY OF ALLEN,TEXAS
By: Z— wok
Eric Eliwanger, n, ._
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