HomeMy WebLinkAboutResolutions - 2020.07.02 - 33410REPORT (MISC. #20242) July 2, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
DEPARTMENT — RESOLUTION APPROVING THE APPROPRIATION OF CORONAVIRUS AID,
RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDING TO ESTABLISH THE OAKLAND
COUNTY PERSONAL PROTECTION EQUIPMENT (PPE) RESILIENCE GRANT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Infrastructure Committee, having reviewed the above -referenced resolution on July 1,
2020, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the acceptance of the
foregoing report.
,f r
c;y P
Commissioner Helaine Zack, District #18
Chairperson, Finance Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
MISCELLANEOUS RESOLUTION #20242 July 2, 2020
BY: Commissioner David T. Woodward, Chairperson, Pandemic Response and Economic Recovery
Committee
IN RE: COUNTY EXECUTIVE/ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
DEPARTMENT — RESOLUTION APPROVING THE APPROPRIATION OF CORONAVIRUS AID,
RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDING TO ESTABLISH THE OAKLAND
COUNTY PERSONAL PROTECTION EQUIPMENT (PPE) RESILIENCE GRANT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS it is in the interest of Oakland County and its manufacturing base to be prepared to meet the
challenge of the ongoing COVID-19 pandemic and future emergencies; and
WHEREAS the Economic Development and Community Affairs department has been working with
Automation Alley to establish the Oakland County PPE Resilience Program; and
WHEREAS the program aims to enhance the emergency response readiness and general competitiveness
of Oakland County's small and medium enterprises (SMEs) through the application of digital technologies
known as Industry 4.0; and
WHEREAS Industry 4.0 is the term used to describe the 4"' industrial revolution and covers the application
of technologies including Artificial Intelligence, Machine Learning, Cloud Computing, Internet of Things,
Additive Manufacturing and more; and
WHEREAS subject to technological capability, SMEs will be provided with services and resources to help
them re-train, re -organize, upskill, install and incorporate enabling technologies that will lay the foundation
for a standing "virtual stockpile'% and
WHEREAS Oakland County SMEs leveraging digital technologies will be agile and ready to convert
operations quickly in response to urgent demand while also enhancing their competitiveness in normal
times, and
WHEREAS pursuant to the CARES Act, the Economic Development and Community Affairs department is
requesting an appropriation in the amount of $10,000,000 to create the Oakland County PPE Resilience
Program which will assist up to 300 Oakland County SMEs; and
WHEREAS companies with validated ability to manufacture and scale capacity using these techniques
would be eligible for up to $30,000 in grants to assist with the necessary know-how and capacity building
to fulfill production during the ongoing COVID-19 pandemic and future emergencies.
WHEREAS the novel coronavirus (COVID-19) pandemic has caused an unprecedented health and
economic situation in the State of Michigan and Oakland County, and
WHEREAS on March 27, 2020, Congress passed and the President signed the "Coronavirus Aid, Relief,
and Economic Security Act" (CARES Act), and
WHEREAS the novel coronavirus (COVID-19) pandemic has caused an unprecedented situation in the
State of Michigan and Oakland County, and
WHEREAS the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress
with overwhelming, bipartisan support and signed into law by the President of the United States on March
27, 2020; and
WHEREAS the CARES Act administered by the United States Treasury Department is a relief package by
the Federal Government to protect the American people from the public health and economic impacts of
COVID-19; and
WHEREAS the CARES Act provides fast and direct economic assistance for American workers, families,
and small businesses, and preserve jobs for our American industries; and
WHEREAS County of Oakland was allocated $219,438,710 under the CARES Act's Coronavirus Relief
Fund (CRF) to respond directly to the emergency as well as expenditures incurred to respond to second -
order effects of the emergency; and
WHEREAS the County has retained outside expert counsel in Pierce Monroe & Associates assisted by
Guidehouse (formerly PwC) to ensure compliance with the CARES Act and full utilization of federal funding
resources, and
PANDEMIC RESPONSE AND ECONOMIC RECOVERY COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Miller absent.
WHEREAS these funds may only be used to cover costs that are necessary expenditures incurred due to
the public health emergency; were not accounted for in a budget approved as of March 27, 2020, are riot
government revenue replacements; and are incurred by December 30, 2020; and
WHEREAS the guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked
Questions" dated May 28, 2020 indicates that a county may fund payments for economic support, even in
the absence of a stay-at-home order, including, for example, a grant program to benefit small businesses
that close voluntarily to promote social distancing measures or that are affected by decreased customer
demand as a result of the COVID-19 public health emergency; and
WHEREAS it is the intent to utilize the funding provided to Oakland County under the CARES Act to further
disaster relief efforts made necessary by the COVID-19 pandemic; and
WHEREAS it is reasonable to anticipate that public health emergencies and the economic injury that
accompanies them, as in the case of COVID-19 at present, will continue to occur with some frequency and
potentially have nation-wide impact, and
WHEREAS it is known that disruptions to local economies and unanticipated need, coupled with the inability
to quickly produce necessary personal protection equipment, contributed to the severity of the COVID-19
pandemic in Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
additional one-time appropriation up to $10,000,000 from the $219,438,710 Coronavirus Relief Fund
allocation received by the county for the Oakland County Personal Protection Equipment (PPE) Resilience
Program.
BE IT FURTHER RESOLVED that the Oakland County Personal Protection Equipment (PPE) Resilience
Grant Program application will make available funding with a maximum award amount of up to $30,000.
BE IT FURTHER RESOLVED that the Oakland County Personal Protection Equipment (PPE) Resilience
Grant Program shall be administered jointly by the Department of Economic Development of Community
Affairs (EDCA) and Automation Alley to ensure compliance with all CARES Act requirements.
BE IT FURTHER RESOLVED that the Oakland County Small Business Recovery Grant Program Oversight
Committee shall be charged with the development, determination of eligible applicants, release, review and
recommendation of a grant application process for the Oakland County Personal Protection Equipment
(PPE) Resilience Grant Program. In the conduct of theirwork, they shall consult with EDCA and Automation
Alley, appropriate outside and internal counsel and staff for compliance with federal and state regulations.
BE IT FURTHER RESOLVED that the Oakland County Small Business Recovery Grant Program Oversight
Committee shall provide a monthly status report regarding the number applications received, the number
of grants awarded, the total amount of grants awarded and the average grant amount awarded.
BE IT FURTHER RESOLVED with approval of the Oakland County Small Business Recovery Grant
Program Oversight Committee that the Board of Commissioners authorizes the Chairman of the Board to
sign the Grant Agreement with any Grantee determined to be eligible for fund distribution from the Oakland
County Personal Protection Equipment (PPE) Resilience Grant Program.
BE IT FURTHER RESOLVED that the FY 2020 budget is amended as follows:
GENERAL FUND (#10100) FY 2020
PCBU GRANT Project100000003213
Bud Ref 2020 Activity GLB Analysis: GLB
Revenue
9010101-133095-610313 Federal Operating Grants $ 10.000.000
Total Revenue S 10.000.000
Expenditures
1090201-133095-731598 Regranting Program . 10,000,000
Total ExpendituresrIQO
Chairperson, on behalf of the Pandemic Response and Recovery ¢ ornTittee, I r" '7i the adoptiar of the
foregoing resolution, / j /,' �!!! f
David T. Woodward, District #19
Chairperson, Pandemic Response and Economic
Recovery Committee
OAKLAND
C O U N TY M I C H IG A N
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
OAKLAND COUNTY PERSONAL PROTECTION EQUIPMENT (PPE) RESILIENCE PROGRAM
GRANT AGREEMENT
THIS GRANT AGREEMENT (this "Agreement'), effective as of the date it has been signed by
both Parties as indicated on the first page of this Agreement ("Effective Date"), is between Oakland
County through its department of Economic Development and Community Affairs (the "Grantor"), whose
address is 2100 Pontiac Lake Road, Bldg. 41W, Waterford, Michigan 48328, and the Grantee Name
identified below (the "Grantee"). As used in this Agreement, the Grantor and the Grantee are,
individually, a "Party" and, collectively, the "Parties".
Application Number:
Grantee Name:
Grantee Address:
Sub -Grant Amount:
The undersigned agree to the Agreement terms specified in Sections 1 through 14 herein,
Including the incorporated attachment, and affirm that they have the authority to sign on behalf
of their respective Parties.
GRANTOR:
COUNTY OF OAKLAND
0
David T. Woodward
Chairman, Board of Commissioners
Oakland County Internal Processing Information:
Fund.29245
Dept. 1090101
Program: 133095
Account, 731598(Regranting Program)
Budget reference 2020
PCBU:GRANT
Project IDGR0000000923
Activity ID: EXP
GRANTEE:
M
Payment approved by:
Dan Hunter, Deputy Director
(A fully executed PDF copy of the grant agreement will be emailed to you via EchoSign for your records.)
Page 1 of 6
OAKLAND
COUNTTYOAKLAND COUNTY EXECUTIVE, DAVID COULTER
Y MM ICC H I G A N
RECITALS
A. On March 27, 2020 Congress passed the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act). The CARES Act permits local governments to allocate CARES Act funding
through grants to small businesses to help reimburse the costs of business interruption caused by
required closures during the pandemic. On , the Oakland County Board of Commissioners
allocated $10,000,000 in CARES Act funds to the Oakland County PPE Resilience Program to provide
awards under this Agreement.
B. As a result of the coronavirus pandemic, the Governor of Michigan has issued Executive
Orders to protect the health and safety of our residents. Orders have also been issued by the Oakland
County Health Officer. Grantee agrees that it will carry out all of its business operations consistent with
the applicable requirements of current and future Orders of the Governor and Oakland County Health
Officer, including but not limited to the screening of its employees and the use of personal protective
equipment and social distancing requirements.
C. Grantee has applied to Grantor to receive a grant award from Grantor from the Oakland
County PPE Resilience Program and Grantor has approved a grant award in the amount indicated on
the first page of the Agreement. ("Grant Funds').
The Parties agree:
Grant. Subject to the terms and conditions of this Agreement, and in reliance upon the Grantee
affirmations set forth below, the Grantor agrees to make, and the Grantee agrees to accept, the
Grant Funds.
2. Grantee Affirmations
a. Grantee affirms that all its representations in the application for assistance and request
for Grant Funds submitted to Grantor ("Application") were accurate, truthful and
complete.
Grantee affirms that the Grant Funds shall be used by the Grantee only for costs of
business interruption caused by required closures during the pandemic. The Grant
Funds may be used to supplement income lost during the closures that would have
otherwise been available to use for payroll expenses, rent, mortgage payments, utility
expenses, or other similar expenses as well as expenses necessitated by the pandemic
such as providing personal protective equipment or extra cleaning measures to provide
greater safety for your business. Grant Funds may only be used for expenses relating
to business operations located within the County of Oakland.
C. Grantee shall use all Grant Funds it receives for the purposes defined in Section b above
by September 30, 2020.
Grantee affirms that it will timely provide to Grantor information on (i) the total number of
committed and actual jobs created as well as the salary of the jobs created, (ii) the total
number of actual jobs retained as well as the salary of the jobs retained; (iii) the actual
amount of investment, and(iv) other reasonably pertinent information requested by the
Grantor. Grantor shall provide Grantee with a web -based report form in July 2020 that
Grantee shall answer completely and submit online by September 30, 2020.
Page 2 of 5
OAKLAND
COUNTY M ICHIGAN OAKLAND COUNTY EXECUTIVE, DAVID COULTER
3. Reimvment/Remedies. Grantee is subject to repayment to the Grantor of an amount equal to
the Grant Funds received by Grantee in the event Grantee has made material
misrepresentations to the Grantor in its Application, voluntary bankruptcy or insolvency
proceeding are commenced against the Grantee and not set aside within sixty (60) days, or the
Grantee fails to otherwise comply with the requirements of this Agreement. Grantor further
retains all rights and remedies allowed in law or equity, including seeking payment of its
reasonable costs and expenses incurred enforcing its rights and remedies.
4. Grantee Indemnification. Grantee shall indemnify, defend and hold Grantor and its elected and
appointed officials harmless from all claims incurred or asserted against Grantor and its elected
and appointed officials, by any person or entity, which are alleged to have been caused directly
or indirectly form the acts or omissions of Grantee or Grantee's employees. Grantee further
agrees to indemnify and hold Grantor harmless for the payment of any tax or withholding
payments, including any penalty assessed it may owe under this Agreement as described in
Section 6.
5. No Indemnification from Grantor. Grantee shall have no rights against Grantor for
indemnification, contribution, subrogation, or any other right against Grantee unless expressly
provided herein.
6. Tax Liabilitv. Grantor and Grantee agree that to the extent that any part of the aforementioned
funds are deemed to be taxable, that Grantee agrees to be fully responsible for the payment of
any taxes, including withholding payments, social security, or other funds which are required to
be withheld. Grantee agrees to provide Grantor with all information and cooperation necessary
to execute a completed 1099-G (attached as Exhibit I to this Agreement); which Grantor will file
with the United States Internal Revenue Service. Grantee acknowledges that Grantee will
consult with a tax professional regarding the tax implications, if any, of the grant funds, and/or
hereby waives the option to do so.
7. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.301, at
seq. and MCL 15.321, et seq.) To avoid any real or perceived conflict of interest, Grantee shall
disclose to Grantor the identity of all Grantor Employees and all relatives of Grantor Employees
who: a) are employed by the Grantor or are elected or appointed officials of the Grantor, on the
date the Grant is executed; and b) becomes employed or appointed by the Grantor or becomes
an elected official of Grantor during the term of the Grant.
8. Access to Records and Audit. The Grantee shall maintain accurate books and records in
connection with performance of this Grant for thirty-six (36) months after the end of this Grant
and shall provide Grantee with reasonable access to such books and records, upon request. At
Grantor's sole discretion, Grantor or an independent auditor hired by Grantor may perform grant
audits during the term of the Grant and for a period of three (3) years after final disbursement of
funds under this Grant.
9. Compliance with Laws. Grantee shall comply with all federal, state, and local laws, statutes,
ordinances, regulations, and all requirements applicable to its activities under this Grant.
10. Assianment. Grantee may not assign any of its rights or obligations this Agreement to any
person or entity.
11. Severabilitv. If a court of competent jurisdiction finds a term of this Grant to be illegal or invalid,
then the term shall be deemed severed from this Grant. All other terms shall remain in full force
and effect. Notwithstanding the above, if Grantee's promise to indemnify or hold the Grantor
harmless is found illegal or invalid, Grantee shall contribute the maximum it is permitted by law
toward the payment and satisfaction of any claims against the Grantor.
Page 3 of 5
OAKLANDOAKLAND COUNTY EXECUTIVE, DAVID COULTER
COUNTY M I C H I G A N
12. Governinci Law/Consent to Jurisdiction and Venue. This Grant shall be governed,
interpreted and enforced by the laws of the State of Michigan. Except as otherwise required by
law or court rule, jurisdiction and venue shall be in the Sixth Judicial Circuit Court of the State of
Michigan or the 50th District of the State of Michigan.
13. Entire Agreement. This constitutes the entire understanding between the Parties concerning
the use of the Grant funds.
14. Electronic signatures. This Agreement may be signed in counterparts with the use of facsimile
and electronic signatures, which shall be considered valid and binding on the Parties.
Page 4 of 5
OAKLAND
COUNT Y M FC H I G A N
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
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Page 6 of 5
Resolution #20242 July 2, 2020
Moved by Gershenson seconded by Quarles the resolution be adopted.
Moved by Gershenson seconded by Quarles the Finance and Infrastructure Committee Report be
accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 2, 2020,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 2"d day of July, 2020,
Lisa Brown.
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