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HomeMy WebLinkAboutCity Council Resolutions (Resolution R-20-4503)-06/02/2020RESOLUTION R-20-4503 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 2, 2020 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of May 19, 2020 b. Approval of an Interlocal Cooperation Agreement to accept CARES Act Funding in the amount of $1,395,350 c. Approval of a proposal for the purchase and installation of license plate readers on SH26, in coordination with the installation of the decorative light poles, in an amount not to exceed $225,025, and authorizing the City Manager to execute the documents AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 2ND DAY OF DUNE 2020. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: / Christine Loven, TRMC City Secretary YnIOFA COLOLEYVILLE Richard Newton Mayor c��►.�-- _ _ _ _ _ COLLEYVILLE _ _ _ _._ �,� �� ,� :....�� T E X P S Communication �,'; Excellence s`c Transparency ,'� Integrity June 4, 2020 Tarrant County Administration Building Mr. G. K. Maenius Tarrant County Administrator 100 E. Weatherford Fort Worth, TX 76196 Dear Mr. Maenius: Please find enclosed three executed original Interlocal Cooperation Agreements for Municipal Direct Expense Funding. The City of Colleyville appreciates the work of the Commissioners Court. Upon execution, please return one original to: City of Colleyville Ms. Christine Loven, City Secretary 100 Main Street Colleyville, TX 76034 Please do not hesitate to contact me at 817.503.1133 if there are questions orconcerns. Thank you, C �� �/`"Yv Christine Loven, TRMC City Secretary Enclosure: As stated Office of the Mayor 100 Main Street ': Colleyville, Texas Y6034 �� 817503.1000 ', Colleyville.com INTERLOCAL COOPERATION AGREEMENT FOR MUNICIPAL DIRECT EXPENSE FUNDING As provided for by Chapter 79l of the Texas Government Code, this I�terlocal Cooperation Agreement ("AgreemenY') is entered into by and between Tarrant Coimty, Texas (the "County") and the City of Collevville, Texas (the "City") and shall be effective on the date that the signature of the last party is affixed. The County and the City have reviewed the Agreement, and each make the following fi�dings: WHEREAS, on March 11, 2020, the World Health Orgauization declared COVID-19 a worldwide pandemic; and WHEREAS, President Donald Trump, Govemor Greg Abbot[, and County Judge Glen Whi[ley have issued Declarations of Disaster for the United States, the State of Texas, and the COiJNTY, respectively; and �VHEREAS, on March 27, 202Q President Donald Tnimp signed the Coronavirus Aid Relief and Economic Security Act ("CARES ACT") providing financial aid to those impacted by the COVID-19 pandemiq including local governments; and NHEREAS, the COiJNTY has received CARES Act funds to reduce tl�e impact of necessary expenditures incurred dLie to the public health emergency with respect to COV[D-19; and �VHEREAS, on May 12, 2020, the Tarrant County Commissioners Court designated a portion of its CARES Act fimds to provide F[FTY-FNE DOLLARS (S55) per capita for direct COVID-19 related expendihires to municipalities located in Tanant County ("Direct Costs Program"); and WHEREAS, the 2019 population of the City that resides in Tarrant County, as repoRed by the North Central Texas Council of Governments, is 25,370; and �VHEREAS, assisting municipalities within 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. NOW, THEREFORE, for and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the County and Ciry agree to the followii�g: 1. Grant and Fundin tg o City. Subject to the terxns and conditions of this Agreement, the Coimty lgrees to grant aud transfer to the City the sum of ONE MILLION THREE HiJNDRED NINETY-FNE THOUSAND THREE HUNDRED FIFTY DOLLARS ($1,395,350) of its CARES ACT fimding ("Municipal Fimds"). The Ciry agrees to deposit tliese Muvicipal Fuvds into a separate, segregated account created solely for holdi�g and dispersing these Muuicipal Fuvds. If Municipal Funds are deposited into an interest-bearing account, all interest earned must be used exclusively as outlined in item hvo below for COVID-19 expendihires already paid and incurred, and for expenditures to assist the City with its ongoing responses to COVID-19 as detailed in the CARES ACT. 2. Use of Municipal Funds. The City may use its Mimicipal Funds to reimburse itself for COVID-19 expendihires already paid and incurred, and for expenditures to assist with its ongoing response to COVID-19 as detailed in the CARES ACT, the Direct Costs Program, the U.S. Department of Treasury's Coronavinis Relief Fuud ("CRF") Guidance for State, Tenitorial, Local, and Tribal Goveruments, and this Agreement. It is the responsibiliry of the City to remain infon��ed of and act in accordance with all updates or amendments to CARES ACT and U.S. Department of Treasury CRF Guidancc. 3. City's Obligations relatin� to its Use of the Municipal Fimds. The City agrees to: a) only use the Municipal Funds in co�upliance with this Agreement and for eligible expenditures related to the COVID-19 emergency; b) reimburse and retuin to the Municipal Funds account within thirty days of notice by County any portion o£ the Mimicipa] Funds that the County, the U.S. Depar[ment of Treasury, or their designee, deems were not used for COVID-19 purposes, or not used pursuant to the tenns of tliis 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 Counry; c) document and justify that each expenditure from its Municipal Funds was an eligible expenditure under this Agreement and the CARES ACT. All documentation and the final report of expendihires 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; d) allow inspection of all documentation and records related to its expendihire of its Municipal Funds by the County or the U.S. Departmcnt of Treasury upon reasonable request; e) use thc Municipal Funds only for eligiblc expenditures made behveen March 1, 2020 and 11:59 p.m., December 30, 2020; fl by November 1, 2020, provide to the County a report of all fimds the City dctermines it may be unable to speud prior to December 30, 2020. Any and all of such funds may be collected and redistributed at County's discretion; g) retum and re-pay �vithin thirty days to the County auy Muuicipal Funds not expended by 1 I:59 p.m., December 30, 2020; h) acknowledge and recognize that the source of these Municipal Funds is Tarrant County nnd its CARES ACT allocation for �ny public progr�ms or initiatives using these Muuicipal Funds; i) coordinate with the County �iry public programs or iuitiatives so that no duplication of sen�ices, initiatives, or programs occurs. 4. Reports. The Ciry shall provide to the County, within thirty (30) days of award, a Proposed Budget for use of flie funds. The City shall also provide expevditure reports starting 60 days after award aud continuing for every 30-day period unti] December 31, 2020. 5. EliQibilitv Issues. If tl�e City is not sure that an expenditure will qualify, it should seek an opinion from its City Attorney prior to making the expenditure. 6. Nature of Fundine. The CARES ACT funding is Ueing received from tl�e County to the City as a sub-recipicnt. As a sub-recipient of CARES ACT funding the City acknowledges that its use of the funds is subject to the same tenns and conditions as the Counry's use of such fiivds. The City hereby agrees to comply with all terms and conditions of tlie CARES ACT £unding, and to hold the Coimty hannless against any repayments, penalties, or interest incurred as a residt of the City's failure to comply �vitl� all terms and conditions of the CARES ACT ftmdi��g. Funds spent iu non-compliance with the CARES ACT are subject to recapuire by the CoLmty for rehirn to the Direct Costs Program or for return to the U.S. Treasury Department. 7. Attomey'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. 8. Law and Venue. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. Exclusive venue of any dispute shall be in a state court of competent jurisdiction in Tarrant Coimty, Texas. 9. No Assi ne nient. The City may not assigu this Agreement. 10. Entire Aereement. This Agreemcnt 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. 11. Amendment. Any amendment of this Agreement nmst be by written instrument dated and signed by both parties. 12. Severabilitv. No partial invalidity of this Agreement shall affect the remainder unless the public purposc to be served hereby is so greatly diminished tliereby as to frustrate the object of this Agreement. 13. Waiver. No waiver by either paity of any provision of this Agreemeut shall be effective unless in writiug, and such waiver shall not be constnied as or iwplied to be a subsequent waiver of that provision or any other proaision. TARRANT COUNTY, TEXAS By: B. Glen Whitley, Coimty Judge CITY OF COLLEYV[LLE, TEXAS By: _ City's Date Printed Name Signatory l�� a,� a-oa.� Date ATTEST: ����' � City Secretary APPROVED AS TO FORM: CERTIFICATION OF AVAILABLE FUNDS $ Criminal District Attomey's Office* Tarrant County Auditor *By law, the Ccimi�al District AL[omey's Office may only approve coutrac[s for its clients. We ceviewed this docmne�t as to form from our client's legal perspective. Other parLies may not rely on this approval. I�stead those parties should seek contract review from independent counsel.