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HomeMy WebLinkAboutCC 2020-05-26 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 TUESDAY, MAY 26, 2020 In compliance with the Texas Open Meetings Act and in accordance with Section 418.016 of the Texas Government Code and such action issued by the Governor of Texas on March 16, 2020, the North Richland Hills City Council will conduct its regular meeting via video conference. The meeting will be conducted by video conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the City Hall location described above. Video conference link: https://bit.1�/ z5Oou Password: NRHCC0526 The live steaming video of the meeting is available at the City's website (nrhtx.legistar.com or nrhtx.com/video) and cable channels — Charter Cable Channel 190 and AT&T U-Verse Channel 99. The public may participate during Citizen Presentation and Public Comments by registering for the meeting at the above video conference link and joining the meeting at 6:00 p.m. Participants will have three minutes to address the City Council. SPECIAL MEETING A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ Tuesday, May 26, 2020 City Council Agenda Page 1 of 3 A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ A.3 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, register for the video conference at the link above and join the meeting at 6:00 p.m. A.4 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, register for the video conference at the link above and join the meeting at 6:00 p.m. B. GENERAL ITEMS B.1 Consider interlocal agreement with Tarrant County for Coronavirus (COVI -19) Relief Fund allocation. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. C. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION OR LISTED ON AGENDA. D. ADJOURNMENT Certification Tuesday, May 26, 2020 City Council Agenda Page 2 of 3 I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, May 22, 2020 by 3:00 PM. Assistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Tuesday, May 26, 2020 City Council Agenda Page 3 of 3 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 26, 2020 SUBJECT: Consider interlocal agreement with Tarrant County for Coronavirus (COVID-19) Relief Fund allocation PRESENTER: Mark Hindman, City Manager SUMMARY: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes funding for state, local and tribal governments in the form of reimbursement for certain eligible expenses that were incurred in responding to the COVID-19 public health emergency and related impact. The CARES Act established the Cornavirus Relief Fund (the Fund) and appropriated $150 billion to the Fund. As a city located within a county with a population of greater than 500,000, North Richland Hills must receive any allocation from the Fund from the allocation provided to Tarrant County. An interlocal agreement (ILA) with Tarrant County establishing the terms, processes and conditions for receiving and expending these funds is required in order to access the city's allocation. An ILA of this nature with Tarrant County is attached for your review and approval. GENERAL DESCRIPTION: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes funding for state, local and tribal governments in the form of reimbursement for certain eligible expenses that were incurred in responding to the COVID-19 public health emergency and related impact. The CARES Act established the Coronavirus Relief Fund (the Fund) and appropriated $150 billion to the Fund. Cities and counties with a population of greater than 500,000 were direct recipients of monies from the Fund while the remaining funding was provided to the State of Texas. The State of Texas has allocated funding to cities and counties below a population of 500,000 at a level of $55.00 per capita. For counties with a population of less than 500,000 the allocation will go to each city based on its population and the county will receive the per capita share for all residents living in the unincorporated sections of the county. Cities located in counties with a population of greater than 500,000 must look to their county for allocation of any of these funds. Since North Richland Hills is located in Tarrant County which has a population of greater than 500,000 we must seek funding from the allocation provided to Tarrant County. Fortunately, in the traditional cooperative spirit of Tarrant County, the County Commission has determined that they will reallocate a portion of their funding to all Tarrant County cities based on the same $55.00 per capita allocation the State of Texas is using for cities located in counties with populations of less than 500,000. City staff "I r*4w NOLa`C`H KIC"HLAND HILLS believes this a very fair method for allocation of this funding. An interlocal agreement with Tarrant County establishing the terms, processes and conditions for receiving and expending these funds is required in order to access the city's allocation. Per the requirements of the CARES Act, local governments can be reimbursed for costs that- 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the state or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. All funds must be spent within the guidelines for the Fund as established by the U.S. Treasury Department and any monies not expended in compliance with these regulations are subject to recapture by the federal government. City staff has been monitoring and recording all expenditures related to the COVID-19 public health emergency. Regular reporting of the expenditure of funds must be made to Tarrant County through December 30, 2020, with a final reporting of all COVID-19 related expenditures due to the county by January 15, 2021. RECOMMENDATION: Approve interlocal agreement with Tarrant County for the allocation of funding from the Coronavirus Relief Fund. INTERLOCAL COOPERATION AGREEMENT FOR 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 Tarrant County, Texas (the "County") and the City of North Richland Hills, 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 findings: WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic; and WHEREAS, President Donald Trump, Governor Greg Abbott, and County Judge Glen Whitley have issued Declarations of Disaster for the United States, the State of Texas, and the COUNTY, respectively; an WHEREAS, on March 27, 2020, President Donald Trump signed the Coronavirus Aid Relief and Economic Security Act("CARES ACT")providing financial aid to those impacted by the COVID-19 pandemic,including local governments; and WHEREAS, the COUNTY has received CARES Act funds to reduce the impact of necessary expenditures incurred due to the public health emergency with respect to COVID-19; and WHEREAS, on May 12, 2020, the Tarrant County Commissioners Court designated a portion of its CARES Act funds to provide FIFTY-FIVE DOLLARS ($55) per capita for direct COVID-19 related expenditures to municipalities located in Tarrant County("Direct Costs Program"); and WHEREAS, the 2019 population of the City that resides in Tarrant County, as reported by the North Central Texas Council of Governments,is 67,980; and WHEREAS, 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 City agree to the following: 1. 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 THREE MILLION SEVEN HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED DOLLARS ($3,738,900) 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. If Municipal Funds are deposited into an interest-bearing account, all interest earned must be used exclusively as outlined in item two below for COVID-19 expenditures 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 Municipal Funds to reimburse itself for COVID-19 expenditures 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 Coronavirus Relief Fund ("CRF") Guidance for State, Territorial, Local, and Tribal Governments, and this Agreement. It is the responsibility of the City to remain informed of and act in accordance with all updates or amendments to CARES ACT and U.S. Department of Treasury CRF Guidance. 1 3. 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 of notice by County any portion of the Municipal Funds that the County, the U.S. Department of Treasury, or their designee, deems were not used for COVID-19 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 and the final report of expenditures 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 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) by November 1, 2020, provide to the County a report of all funds the City determines it may be unable to spend prior to December 30, 2020. Any and all of such funds may be collected and redistributed at County's discretion; g) return and re-pay within thirty days to the County any Municipal Funds not expended by 11:59 p.m., December 30, 2020; h) acknowledge and recognize that the source of these Municipal Funds is Tarrant County and its CARES ACT allocation for any public programs or initiatives using these Municipal Funds; i) coordinate with the County any public programs or initiatives so that no duplication of services,initiatives, or programs occurs. 4. Reports. The City shall provide to the County, within thirty (30) days of award, a Proposed Budget for use of the funds. The City shall also provide expenditure reports starting 60 days after award and continuing for every 30-day period until December 31, 2020. 5. 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. 6. 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 terms 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 2 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. 7. 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. 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 County, Texas. 9. No Assignment. The City may not assign this Agreement. 10. 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. 11. Amendment. Any amendment of this Agreement must be by written instrument dated and signed by both parties. 12. 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. 13. 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. TARRANT COUNTY, TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS By: B. Glen Whitley, County Judge By: City's Authorized Signatory Date Printed Name Date ATTEST: City Secretary APPROVED AS TO FORM: CERTIFICATION OF AVAILABLE FUNDS $ 3 Criminal District Attorney's Office* Tarrant County Auditor *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. 4