HomeMy WebLinkAboutResolutions - 2020.09.03 - 33636MISCELLANEOUS RESOLUTION #20377
BY: Commissioner Gwen Markham, District #9
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE
CITY OF NORTHVILLE FOR DISTRIBUTION OF CARES ACT FUNDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County's local governments and their front-line essential services employees have
been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19
public health/emergency response and economic recovery; and
WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and
Economic Security Act's (CARES Act) — 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 guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked
Questions" dated May.4, 2020, indicates that a county may but is not required to allocate funds to a local
government within the county; and
WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland
Together Local Government Partnership Grant program with an allocation of $35,000,000 of CARES Act -
Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government
jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health
emergency; and
WHEREAS the CITY OF NORTHVILLE has demonstrated an eligible plan to utilize CARES Act funding in
accordance with the U.S. Treasury guidelines in their reimbursement application. The eligible
reimbursement application is included as "Attachment A"; and
WHEREAS the Oakland Together Local Government Partnership Oversight Committee has reviewed the
eligible plan and grant application from the City of Northville and recommends the disbursement of
$33,837.11 to the City of Northville from the Oakland Together Local Government Partnership Grant
Program from CARES Act — Coronavirus Relief Funds; and
WHEREAS the City of Northville has approved and executed an interlocal agreement prepared by
Oakland County Corporation Counsel. The agreement is included as "Attachment B".
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the eligible reimbursement application from the City of Northville and authorizes the distribution
of $33,837.11 from the Oakland Together Local Government Partnership program to the City of Northville
from Oakland County CARES Act Coronavirus Relief Funds.
BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute
the interlocal agreement with the City of Northville.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution and the finalized executed agreement to Oakland County Fiscal Services and the City of
Northville.
BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland
Together Local Government Partnership Grant Program was authorized with Miscellaneous Resolution
#20187 adopted on June 4, 2020.
Chairperson, I move for the adoption of the foregoing resolution.
4� � /-�X4&--
Commissioner Gwen Markham
District #9
REQUESTING SUSPENSION
OF THE 130ARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
ATTACHMENT A
Oakland Together Local Governmnt COVID Support Fund Expenditure Submission Form
puri( Gw l(_P,_ ries
• Funds are un y nkrde ava ab e f the CVT, Conxnun ly t Retreat on Center, or pub c Maty has expenses that meel the reyu renwnts
of the Fund.
• A exf)end lures roust nwet the gu dance estab shed by the U.S. Treasury Deparhnent, and Oak and County.
• T he Pub c Body she not sutadt an Expend lure Submss on Fond for any expense Wi ch s e g b u to be covered by FEMA (Fedora
Ewergency Management Agency} Pub c Ass stance re mbursenrent grant. Pub c hotly nwy use funds to pay the 25% "cost share" or
"oca match" reyu red will FEMA ro ndnnsement.
• These funds may not be re -d sir holed by the cvf un ess to ass st rid v dua res dents as perm tied by the CARES Act or to pay
vendors or sei v ce prov ders as peen Ited by the CARES Act These funds may not be re -d sir buted by the Commit by ! Re(:reat on
Center, of pub c brary.
ApphcatlonlD 10421M
SUbMiSSlon Contact Information
Public Body* Narthv e
Name* Cncly Kushner
Title * (' 1 Deputy TreasuretlF ounce
Email* ckushner@(;.norihv e.m.us
Verify Email* ckushrionCyc norlhv e.nf us
Ne enter ankc u(k6rss
Phone* 248449-991)
Public Body Authorized Official
Indvdua auflux tkA to syn 1nrui(a_a Agrc l viR
Name* Palr ck Su van
Title * f%) C ty Manager
Email* pro van@c.northv e.m.us
Verify Email* psu van@c northv e.rn.us
IA; •-nto"an: cvA Sia;
Phone* 248-499-9905
Funding Information
Payment Method* r E action c (ACFf) r Check Payment
Financial Institution Information
Name of Financial Instihdion* Conrerca
Nine -Digit Routing Transit Number* _
You lural obta n u ccxuvt 14,ul rpt wnily:a hrurry,nrf Irml: Inr ACI I vans„,.t nus OI:.
may not Ill+ it i sun x: a, Ir? out r &1 nunt of w yr , jr
Verify Routing Transit Number* -
R, enter lout n1 I AH I numtgn
Account Number* -
Verify Account Nrnnber* _
I�r�nir;r:rrrn r�rt nu,ulx-r
Account Type * R Chock ng f Say ngs
I author ze Oak and Counly to dopes t funds oved to the above payee/vendor by the County, by it rest depos t (e ectron c, funds
transfer). Informal on prov ded must be for U S F nanc a Insi tut ons on y
I consent to quit agree to comp y wth the Nat ona Automated C ear ng House Assoc at on Ru es and Regu at ons and Oak and County's
po cy regard ng o ectron c funds transfers as they ex st on th s (lots or as subsequent y adopted, amended, orrepoa ed. M ch gen acv
governs o ectron c- funds transact ons author zed by th s agreement n a rospects except as otherw so suporsedod by fedora aw.
Expenditures
Fntar exiue ad tura nfamat o1 n the f a Els be ew C ck "Arkl” Inc an txki I aid ser of f e cis to subm t up to 6 separate extend tures. (CxAoiavrus
Re of Fund Fresluent y Asked Quest ons on qua fy N exirenses)
Expenditure ID 10421 M -I Expenditure Description* SO(: it Dslenc ng Supp os
Date * 7122/2020 Amount* $ 5,845.02
Compliance Explanation To ensure soca it stanc ng and contact ess bus [less n
lWwis lha axtmrx6turolprogram connected tb the comp ante will COVID- 19 pub c heath precautuns and
COVIDA9 rrarxtemic arx0or state or county health d recd ves.
orders?
Compliance Records Pa if live ces or rete pis to support each expend cure. An
Rrmnciai feceeds that demonstrate compliarwe exce spreadsheet w a so be piuvded to agree anaunt to
(Existing Docureents maybe uploadedwith above.
Subor slag Form)
Attachment * A expand tures must be sulrxxteci by welds su(f c ant to dealcnstrale that the
ar no nt of payments flan the Fund Nivis been n accordance w in sit on 601 (d) of ilia
So(: a Secur ty Act
Soc a D sl [live cos 2.pdf
391.071(8
(Uploaded documentation coast be a single file of size 1 MB or les Savng w
scaoa ng will a rnwr Otso to on ulp) and nwox:hrome can rWcwe f e s ze }
Expenditure ID 10421M-2 Expenditure Description* VTIAa Meet ag Expend turas
Date* 7/22/2020 Amount* $9,1([0.65
Compliance Explanation Set up & fac tate remote C ty Counc , BZA & comm ss on
Flow is the expenditure/program connected to the meet ngs to comp y w th COVID-19 pub c hea th precaut ons
COVID,19 pandemic andror state or Canty health & the Governor's execul ve orders.
orders?
Compliance Records Pa d nvo ces or rece pts to support each expend ture. An
Financial records that demonstrate compliance exce spreadsheet w a so be prov ded to agree amount to
(Existing Documents may be uploaded with above.
Submission Form)
:t
Attachment* A expend tures must be supported by records suffcent to demonstrate that the
amount of payments from the Fund have been it accordance w th sect on 601 (d) of the
Soc a Secur ty Act.
V the Meet ng 2.pdf 996.691<B
(Uploaded documentation must be a single file of size 1 MB or less. Savng or
scan ng w th a ower rose ut on (do ) and monochrome can reduce f e s ze. )
Expenditure ID 10421M-3 Expenditure Description* PPE
Date* 7/22/2020 Amount* $791.52
Compliance Explanation Masks, g oves,& shoe covers for emp oyees, po workers,
Flow is the expenditure/program connected tothe and the pub c to comp y wth COVID-19 pub thea th
COVID-19 pandemic andlor state or countyhealth precaut ons and reopen ng gu de nes.
orders?
*
Compliance Records Pa d nvo ces or rece pts to support each expend lure. An
Financial records that demonstrate compliance exce spreadsheet a so be prov ded to agree amount to
(Existing Documents maybe uploaded with above.
Submission Form)
*
Attachment* A expend tures must be supported by records suff cent to demonstrate that the
amount of payments from the Fund have been n accordance wth sect on 601 (d) of the
Soca Securty Act.
PPE 2.pdf 696.26KB
(Uploaded documentation must be a single file of size 1 MB or less Saving or
scan ng wth a ower reso of on (dp ) and monochrome can reduce f e s ze.)
Expenditure ID 10421M-4 Expenditure Description* Santzng& Dsnfectng Supp es
Date* 7/22/2020 Amount* $ 2,136.49
Compliance Explanation San t zng & d s nfect ng products for C ty bu d ngs to
Bow is the expenditure/program connected to the fac tate comp ante wth COVID-19 re ated pub c Ilea th
00VID49 pandemic andror state or county health measures and reopen ng gu de nes.
orders?
*
Compliance Records Pa d nvo ces or race pts to support each expand lure. An
Hlu7n clal recordsthat rkrmonstrate canpllance aw:e spreadsheet w a so be provded to aurae Amount to
lbdsling DocummntsmayboulAwdrdwith above.
Stixnission Form)
Attachment * A exprnrl turrN must tw supportr-xd by rxads srtff c ant in denxx>rfrate that the
anwunt of paynwnls tarn the Fund line Ixaen n acconlancc wth srx:i on tiU1 {d) of the
SOL; a Secur ty Act.
San t zng 3.pdf 922.71 KB
(Uploaded documentation must be a single file of size 1 MB or less Savng OF
scall ng w th a oner rose tit of (of)) and! nwrxx;hrane can reduce f e s ze. )
Expenditune ID 10421M 5 Expenditure Description* Toolsorkng
Date* 712212020 Amount* $852.50
Compliance Explanation Improve to ew)rk rapab t as for pub c emp ovens to one[) e
fiav is the expenditure/program connected to the them to vw)rk dur ng the mandatory shutdown and to romp y
CCNID19 pandemic ardor state or county health w th If to Governors execut ve orders.
elders?
*
Compliance Records Pa it nvo res or race pis to support each expend tune. Art
RMImial racords that demonstrate compliance exce spreadsheet w be prov ded to agree to annunt
(Existing Dmtmentsmaybeupfoadodwlth above.
Submisslar Fanal)
*
Attachment* A expendiures must tx; suplxxtcri by Irxxxds stitc ent to dern<mstmte that the
amount of payments frau the Fund haW txan n accordance wth sect on 601 (d) of the
Soc a Secur ty Act
To etnork ng invo ces.pdf 489.191<0
(Uploaded documentation must be a single file of size 1 M8 or less. Savng or
scan ng win a o wr rase Lit of) (up) and monochrome can reduce f e s ze )
Total Expenditure Amount $ 18,792.18
Compliance Requirements
By subm It rxd th s Pam the Pub c Body affinns (flat t w Abdo by each of the to ow fig mto nxrx:tits Wien us rig Oak and Togothor Loca
(;rnenuneot COVID Support tunds. P ease chock the box next to each reign renx;nt to cuff mi your nlent to ab tie by these requ rementa.
W The expend Imo of the funds s necessary due to the pub c hes th emergency wth respect to the
Coronav rus D sease 2019 (COVID-19).
* W The expend tures were nor accountud for n the budge( n ost recent y approved as of March 27, 2020.
I'J 'Tho expend tures ware or w be ncun'ed dur ng the per ort that beg ns un Match 1, 21720 and ands on
necomber 30, 2020.
* I� The expend tures are not be ng used as revenue rep acement for the Pub c Body tot shortta s n
government revenue to cover expend tures that won d not otherwise qua fy under the CARES Art
Coronav ius Re efFund.
L1fxw approva of th s Fore, the Pub c Body w be piov ded wth an Inter oca Agreenlant, Wi ch nxtst be executed pr or to the re ease
of any funds, and Wi ch sts further requ reorients no Lid ng but not tilted to'
The Pub c Body must agree to part c pate n the product on of documents requ o•d by any future uud t of the CARES Act program,
and funds not spend n accordance wth the Act must be returned to the County,
The Pub c Body naust agree that n the event they rece ve it rect fund ng from the fedora or state govurrninent to cover these
expenses, the county money w be returned.
Oakland Together Local Government COVID Support Fund Expenditure Submission Form
Fund Go de fles
• Fundi are oily made ava ab e f the CV1, Conunun ty / Recreal on Center, or pub c trrary Ins ezponsos that mewl the reyu retool its
of the Fund
• A rolpend tures roust airier the yu dance estab shed by the U.S. I ieasury Department, and Oak and County
• His Pub c Body she not subm t an Expend lure Subui ss on Form for any rixpenae Wf ch s e y h a to be covered by FEMA (Faders
Earorgency Management Agency) Pub c Ass stance re rubursement grant. Pub c body may use funds to pay the 25% 'cost share' or
,ca nraioii' reyu red will FEMA re mbufsement.
• "I hese funds may not be r e d str buted by the CV r un ess to ass st nd v eua res dents as perm tted by the CARES Act or to pay
vendors or sery ce prov cera as patio tted by the CARES Act. 1 hese funds may out be m -d stn Luted by the Conunun ty / Recreat on
Center, or pub c brary.
Application ID 10446M
Submission Contact Information
Public Body* Noithv e
Name * C tidy Kushner
Title *(r) Deputy Treasurer/F ranee
Email* ckushner@(;.northv orn.us
Verity Email* ckusluer@c.norihv o.rn.us
Ric enter enki arkko,,,:;
phone" 248 449-9915
Public Body Authorized Official
In,fok i Arjr,,l Kant
Name* Patr ck Su van
Title *m Cty Manager
Email* psu vanLc.norfhv e.m.us
Verity Email* Ilse varr@c northv e rn.ua
14xlito ow Ykkuh,,
Phone* 248-449-9915
Funding Information
Payment Method* r Eechonc(ACN) C Check Paynont
Financial Institution Information
Name of Financial Institution* Conner ca
Nine-Digut Ranting Transit Number* _
Ytat muSI ObW n.r ION01 koUt rni ntin,la t htxu yimu hink 6rt Ara I h;irr�.tt,t nrE, lit
limy wt lio the r'illlo:ls lhr., utait tu.1 i aimix,t rxi y+au rha�l,
Verify Ranting Transit Number* -
Rtr-xmh:rnxtlfill hon tnuolmr
Account Number* _
Verify Account Nmnber* -
R» anter acrrn:nt notoo, i
Account Type * f• Check ng C Sav ngs
I author zo Oak and County to dopes t funds otned to the above payeefvendot by the County, by d rect dopes t (a action c funds
transfer). Informaton prov ded must be for U.S. F nanca Inst nit ons on y
I consent to and agree to comp y with the Wtona Automated C ear ng House Assoc atop Ru as and Rogu at ons and Oak and County's
po ry regard ng e octron c funds transfers as they exsl on th s date or as subsequant y adopted, amonded, or rapes ad M ch gan my
governs e octron c funds transact ons author zed by his agreement a a respects excopt as othorwse supersodod by fedora aw.
Expenditure;
Fnler expertd tire, nfotrnat on if the to cls be m, C ck "Add" for an acki t aid set of f e ds to si but t up to 5 serrate expand Iur. (C uav ms
Re of Fund Fnx)uent y Asked Ouc�- t ons on qua ly rx,1 experw s)
Expenditure ID 10446W Expenditure Description* Soca Dstancng Stipp as
Date* 816/2020 Amount* $74.86
Compliance Explanation To ensure sac a it Slane ug and conflict ass bus ness it
fitm is tiro experxiiturelpropanr co uwcledlo the comp ance will COVID-'10 pub C hod th d reel ves anti
COMM -19 pauclemic ardor state acmintylleafth Governor's execut ve orders
mclots?
Compliance Records Pa d live cos or rete pts to support each expend lure Art
Rnamlal records that damai trate co olance erste spreadsheet w a sa be provded to agree amount to
(6clstirg DOCnnlentb may bs uploaded with above
Submission Farm)
*
Attachment * A expand tures must be suppodwil by tccotcis stiff c ent to dernonshate (hat tlw
a count of pnyi cents too the Fund haw baxo s n accordance wIn sect on 601 (d) of the
Sat a SeAlr ty Act.
DDA Equ If it I.pdf
1 10.19KB
(Uploaded documentation must be a single file of size 1 MD or le::s. Savog of
scan lit will a truer rose N on (dp) and rnonochrano Can raluce f ti,,, ze. )
Expenditure ID 10446W Expenditure Description* V rind Meet ng Fxpend tures
Date* 8!612020 Amount* $ 1,412.53
Compliance Explanation Set-up & fat tate remote meet ngs to comp y wth COVID-19
How is theexpenditure/program connected to the pub c heath precautons&the Governor's executve orders.
COVID-19 pandemic andror state or county health
orders?
Compliance Records Pa d nvo ces or rete pts to support each expend tune. An
Financial records that demonstrate compliance exce spreadsheet w a so be prov ded to agree amount to
(Existing Documents maybe uploaded with above.
Submission Form)
:t
Attachment * A expend tures must be supported by records suitc ent to demonstrate that the
amount of payments from the Fund have been n accordance wlh sect on 601 (d) of the
Soc a Scour ty Act.
DDA Meet #1.pdf
570.31 KB
(Uploaded documentation must be a single file of size 1 MB or less. Savng or
scan ng win a ower reso ut on (dip) and monochrome can reduce f e s ze.)
Expenditure ID 10446M-3 Expenditure Description* To eworkng
Date* 8/6/2020 Amount* $ 1,416.64
Compliance Explanation Improve to ework capab t es for pub c emp oyees to enab e
Now is the expenditure/program connected to the them to work dur ng the mandatory shutdown and to comp y
COVID-19 pandemic andror state or county health win the Governor's executve orders.
orders?
*
Compliance Records Pa d nvo ces or race pis to support each expend tare. An
Financial records that demonstrate compliance exce spreadsheet w a so be prov ded to agree amount to
(Existing Documents may be uploaded with above.
Submission Form)
*
Attachment * A expend tures must be supported by records suit cent to demonstrate that the
amount of payments from the Fund have been n accordance will sect on 601 (d) of the
Soc a Secur ty Act.
DDA Te ewoik #1.pdf
154.6610
(Uploaded documentation must be a single file of size 1 MB or less Savng or
scan ng wth a ower reso ul on (up) and monochrome can reduce f e s ze.)
Expenditure ID 10446M-4 Expenditure Description* Economc Support
Date* 8/6/2020 Amount* $ 12,098.60
Compliance Explanation To prov de economc support to downtown bus nesses who
How is the expenditurelprogrameonnectedtothe were econom ca y devastated by the COVID-19 pub c Ilea th
COVID-19 pandemic andor state or county health emergency, rented shutdowns& anted capacty orders,
orders?
*
Compliance Records Pad nvo cos or rete pts to support each expend Into. An
Financial recads that demonstrate compliance exce spreadsheet w a so be Prov d(id to agree anount to
(FkisBtrg Rxunwnts mayba uplardbdwith above.
Submission Form)
*
Attachment * A expend tures must be supported by recalls stiff c eot to demonstrate that the
amount of payments from the Pond have been n accordance wth sect on 601 (d) of the
Sao a Secur ty Act
DDA Econ # I .pdf 629.41 KB
(Uploaded documentation must be a angle file of size 1 MB or less. Savny or
senium ny wlb a dM.e� nese ul an (dp) atxi nurxrchionie can reduce f e s ze.)
Expenditure ID 10446M 5 Expenditure Description* PPE
Date * WG/2020 Amount * $ 42 30
Compliance Explanation Masks for crop oyees to comp y wth COVID-19 pub c hea th
Few is the expencliture/program connectedto the d reel vas and reopen ng gu de nes
COVID-19 pandemic anchor state or county health
orders?
*
Compliance Records Pad nvo ces or rete pts to support each expend Lure. An
Rnancial records that demonstrate compliance exce spreadsheet w a so be Prov ted to agree aolount to
(Existlmg Documents may IN uploaded with above
Sufxrilssion Foye)
*
Attachment* A exlxrud lutes must to supported by fx:rvds sulfc ent to danorrhate that the
arnount of payments from the Food hau+bmi) n acmttlance wlh sect on 601 (d) of the
Soca Sec:ur ty Act.
DDA PPE #1.pdf 94.73KB
(Uploaded documentation must be, a single file of size 1 MB or less Savixd a
scann ng wilt a ower free to au (dp) and monochrome can reduce f o s ze. )
Total Expenditure Amount $ 15,044.93
Compliance Requirements
By sure n d ng th s Faun iho Pub o Body off ons that t w ab de by each of the fo m ny tcqu ienents wf en us ng Oak aril Toget i,r Loca
Govu nnx�rt WVID Support fools. P ease check the box next to each ieyu rement to cat no your orient to ab de by theso reequ frnents
* jJ I he expend lure of the funds s necessary due to the pub c hea th emergency wth respect to the
Coronav rub D sense 2019 (COVID-19).
rr% The extaeud tures wtxe not accounted for n the budget frost recent y approved as of March 27, 2020.
* �7 I -he expend tures, wine or w be ncurred dur ng the per od hint beg ns on March I, 2020 and ends on
Decornber 30, 2020.
* W The expend lutea are riot be ng used as revenue nip ace ment for the Pu I) c Body to f shunter s if
government revenue to cover expend tures that was d not otherwise qua fy under the CARES Act
Curonav rub He of Fund.
Upon approve of th s form. the Pub c. Body w be provded wlh an Inter oca Agreement, w4t ch roust be executed pr or to the in ease
of any funds, and vdr ch sts further requ rentents nc ud ng but not mled to.
1110 Pub c Body must agree to part c pate n the product on of docunwnts requ red by any future huff t of tho CARES Act program,
and funds riot spend n accordance wth the Act nxrst be returned to the County
The Pub c Body most agree that n the ovent they rete ve d reel fund ng front the federa or slate guvornirxsat to cover these
eryansos, the county money w be rehnnod.
ATTACHMENT B
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
CITY OF NORTHVILLE
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the City of
Northville ("Public Body") 215 W Main Street, Northville MI 48167. County and Public Body may be
referred to individually as a "Party" and jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement pursuant to the
Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et sect., for the purpose of County
distributing a portion of its CARES Act funds to Public Body. County has allocated a portion of its
CARES Act finds to be distributed to C'VTs within Oakland County, which will be used to assist CVTs
in meeting certain areas of need caused by the COVID-19 pandemic.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows:
1.1. Aereement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable
attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or
asserted against County or Public Body, or for which County or Public Body may become
legally and/or contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution. any federal or state statute, rule, regulation, or any alleged violation of federal
or state common law, whether any such claims are brought in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
1.3. Confidential Information means all information and data that County is required or
permitted by law to keep confidential, including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to
violations of the Michigan Anti -terrorism Act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, director, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
1.5. Dav means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
Page I of 7
OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL, AGREEMENT
1.6. Public Bodv means the City of Northville including, but not limited to, its council, its
Board, its departments, its divisions, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees, employees, agents,
subcontractors, attorneys, volunteers, and/or any such persons' successors.
1.7. Public Bodv Emnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires,
contractors, subcontractors, independent contractors, agents, and/or any such persons'
successors or predecessors (whether such persons act or acted in their personal,
representative or official capacities), and/or any persons acting by, through, under, or in
concert with any of the above who use or have access to the Oakland Together CVT fiords
provided under this Agreement. "Public Body Employee" shall also include any person
who was a Public Body Employee at any time (luring the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity. "Public Body
Employee" does not include all individual resident of Public Body who receives an
authorized distribution of Oakland Together CVT funds.
1.8. CARES Act funds means the money distributed to the County by the United States
Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by
section 5001 of the Coronavirus Aid, Relief, and Economic Security Act.
1.9. CVTs means Cities, Villages, and Townships.
1.10. Oakland Toeether CVT funds means that portion of the CARES Act funds which the
County has allocated to CVTs within Oakland County.
1.11. Exnenditure Submission Form means the form which Public Body must complete and
submit to the Office of the County Executive (OCE) prior to any disbursement of
Oakland Together CVT funds to Public Body.
1.12. OCE means the Office of the Oakland County Executive, which includes the Chief
Deputy and other Deputy County Executives,
1.13. Oversiubt Committee means the committee established by the Oakland County Board
of Commissioners in the resolution allocating the Oakland Together CVT funds.
2. COUNTY RESPONSIBILITIES.
2.1. OCE will review Public Body's Expenditure Submission Forms) to determine whether
Public Body is eligible to receive a distribution of Oakland Together CVT funds. This
determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund
Guidance for State, Territorial, Local and Tribal Government" or other guidenaee issued by
the Federal Government. OCE may request any supporting documentation it deems
necessary to fully evaluate Public Body's eligibility.
2.2. If OCE determines that Public Body is eligible to receive a distribution, County will
distribute the eligible amount to Public Body.
2.3. County is not obligated or required to distribute any Oakland Together CVT funds to Public
Body if OCE determines that Public Body is not eligible to receive the funds, or if the amount of
Oakland Together CVT finds available are not sufficient to fulfill Public Body's Expenditure
Submission form.
2.4. After November 30, 2020, County will not accept any fiu-ther Expenditure Submission
Forms from Public Body, and County will retain the balance of any Oakland Together CVT
funds for which Public Body wits originally eligible, but which are not covered by an
approved Expenditure Submission Porm.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
2.5. If County retains the balance of Oakland Together CVT funds not covered by an approved
Expenditure Submission Form under Section 2.4, County may redistribute any or all of that
amount to other eligible CVTs or as otherwise deemed appropriate by OCE.
2.6. OCE will work in collaboration with the Oversight Committee in determining Public
Body's eligibility for Oakland "together CVT funds, and the amount of said funds to be
distributed to Public Body.
3, P►JBI,IC BODY RESPONSIBILITIES.
3.1. Public Body may be eligible to receive a portion of Oakland Together CVT funds. Public
Body shall complete and submit an Expenditure Submission Form to OCE and receive OCE
approval prior to the receipt of any Oakland Together CVT funds.
3.2. In its first Expenditure Submission Form, Public Body shall only apply for Oakland
Together CVT funds to pay for expenditures or programs already made by Public Body, or
for funds to pay Public Body's required 25% "cost share" or "local match" required to obtain
a FEMA grant.
3.3. Public Body shall follow all guidance established by the United States Treasury Department,
and the County, when expending Oakland Together CVT funds, including, but not limited to,
Section 601(d) of the Social Security Act and the "Coronavirus Relief Fund Guidance for
State, Territorial, Local and Tribal Governments."
3.4. Public Body shall not submit an Expenditure Submission Form for any expense which is
eligible to be covered by a FEMA (Federal Emergency Management Agency) Public
Assistance Reimbursement. Public Body may use Oakland Together CVT funds to pay the
required 25% "cost share" or "local match" required to obtain a FEMA grant.
3.5. Public Body shall only expend Oakland Together CVT fiords to pay for expenses incurred
due to the COVID-19 public health emergency, and which expenses were not accounted for
in Public Body's most recently approved budget as of March 27, 2020.
3,6. Public Body shall only expend Oakland Together CVT funds for expenses incurred during
the period that begins on March 1, 2020 and ends on December 30, 2020.
3.7. Public Body shall not use Oakland Together CVT funds as revenue replacement,
3.8. Public body shall not redistribute Oakland Together CVT funds, except Public Body shall be
allowed to provide direct assistance to individual residents of Public Body, and pay vendors
and service providers, as permitted by the CARES Act.
3.9. Public Body shall not expend Oakland 'Together CVT fonds in any manner that Public Body
did not include in a submitted and approved Expenditure Submission Form.
3.10. If Public Body receives an amount of finding from the federal or state government to cover
expenses for which Public Body received Oakland Together CVT funds, Public Body shall
return that amount of Oakland Together CVT funds to County.
3.11. Public Body shall keep records of all expenditures of Oakland Together CVT funds sufficient
to demonstrate that said expenditures were in accordance with the guidance documents
included in Section 3.3 for a period of 10 (ten) years, at a minimum.
3.12, Public Body shall produce said records of expenditures upon request by County or OCE, or
as required by any future audit of the CARES Act program,
This document is available at httos:!/home.treasmv.eov/system/files/136/Coronavirus-Relief-Ftmd-Guidance-for-State-
Territoria I -Local -and -Tri bal-G overnments. od f
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
3.13. Public Body shall submit records to OCE within 30 (thirty) days after expenditure of
Oakland Together CVT funds with a detailed description of how the funds were expended
and how the expenditure of funds complied with the CARES Act guidance unless Public
Body has already submitted said records with its Expenditure Submission Form.
3.14. In the event it is determined by OCE, or any other audit under the CARES Act program, that
Public Body expended an amount of Oakland Together CVT funds in violation of the
CARES Act requirements or this Agreement, Public Body shall be required to return that
amount of money to County,
3.15. In any case where Public Body is required to return an amount of money to County under
this Agreement, Public Body agrees that unless expressly prohibited by law, County or the
Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited
to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff
or retention of funds by County shall be deemed a voluntary assignment of the amount by
Public Body to County. Public Body waives any Claims against County or its Officials for
any acts related specifically to County's offsetting or retaining of such amounts. This
paragraph shall not limit Public Body's legal right to dispute whether the underlying amount
retained by County was actually due and owing under this Agreement.
3.16. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies under this Agreement or at law against Public Body to secure
payment of amounts due to County tinder this Agreement. The remedies in this Section shall
be available to County on an ongoing and successive basis if Public Body becomes delinquent
in its payment, Notwithstanding any other term and condition in this Agreement, if County
pursues any legal action in any court to secure its payment under this Agreement, Public Body
agrees to pay all costs and expenses, including attorney fees and court costs, incurred by
County in the collection of any amount owed by Public Body,
3.17. Public Body shall respond to and be responsible for Freedom of Information Act requests
relating to Public Body's records, data, or other information.
4. DURATION OF INTERLOCAL AGREEMENT'.
4.1. This Agreement shall be effective when executed by both Parties with resolutions passed by
the governing bodies of each Party. The approval and terms of this Agreement shall be
entered in the official minutes of the governing bodies of each Party. An executed copy of
this Agreement and any amendments shall be tiled by the County Cleric with the Secretary
of State.
4.2. This Agreement shall remain in effect until January 31, 2031, or until cancelled or
terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall
comply with the record keeping, reporting, audit response, and find return requirements of
Section 3 after the termination of this Agreement if necessary,
5. ASSURANCES.
5.1. Responsibility for Claims. Each Party shall be responsible for any Claims made against that
Party by a third party, and for the acts of its employees arising under or related to this
Agreement.
5.2. Responsibility for Attornev Fees and Costs. Except as provided for in Section 3.16, in any
Claim that may arise from the performance of this Agreement, each Party shall seek its own
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
legal representation and bear the costs associated with such representation, including
judgments and attorney fees.
5.3. No Indemnification. Except as otherwise provided for in this Agreement, neither Party shall
have any right under this Agreement or under any other legal principle to be indemnified or
reimbursed by the other Party or any of its agents in connection with any Claim.
5.4. Costs, Fines, and Fees for Noncompliance. Public Body shall be solely responsible for
all costs, fines and fees associated with any misuse of the Oakland Together CVT funds
and/or for noncompliance with this Agreement by Pubic Body Employees.
5,5. Reservation of Riehts. This Agreement does not, and is not intended to, impair, divest,
delegate or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or invnunity of the Parties. Nothing in this Agreement shall be
construed as a waiver ol'governmental immunity for either Party.
5.6. Authorization and Completion of Aereement, The Parties have taken all actions and
secured all approvals necessary to authorize and complete this Agreement. The persons
signing this Agreement on behalf or each Party have legal authority to sign this
Agreement and bind the Parties to the terms and conditions contained herein.
5.7. Compliance with Laws. Each Party shall comply with all federal, state, and local
ordinances, regulations, administrative rules, and requirements applicable to its
activities performed under this Agreement.
6. TFRMINATION OR CANCELLATION OF AGREEMENT.
6.1. County may terminate or cancel this Agreement at any time if it determines that Public
Body has expended Oakland Together CVT funds in violation of CARES Act requirements
or this Agreement. Either OCE or the Board of Commissioners is authorized to terminate
this Agreement wider this provision. If County terminates or cancels this Agreement,
Public Body shall be liable to repay County the amount of money expended in violation of
CARES Act requirements or this Agreement. County may utilize the provisions in
Sections 3.15 — 3.16 to recoup the amount of money owed to County by Public Body.
6.2, Public Body may terminate or cancel this Agreement at any time if it determines that it
does not wish to receive any Oakland Together CVT funds. If Public Body terminates or
cancels this Agreement, it shall immediately return to County any and all Oakland
Together CVT funds it has already received.
6.3. If either Party terminates or cancels this agreement they shall provide written notice to the
other Party in the manner described in Section 13.
7. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
8, NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other
person or entity.
9. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
10. SEVER AIII LITY. If a court of competent jurisdiction rinds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed firom this
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
11. PRECEDENCE OF DOCUMENTS, In the event of conflict between the terms and
conditions of any of the documents that comprise this Agreement, the terms in the Agreement
shall prevail and take precedence over any allegedly conflicting terms and conditions.
12. CAPTIONS The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural, any
reference to gender, and any use of the nominative, objective or possessive case in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context requires.
13. NO'T'ICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent
express delivery service or personal delivery: or (iii) three days after mailing first class or certified
U.S. mail.
13.1. If Notice is sent to County, it shall be addressed and sent to: Oakland County Executive, 2100
Pontiac Lake Rd., Waterford, MI, 48328, and the Chairperson of the Oakland County Board
of Commissioners, 1200 North Telegraph Road, Pontiac, MI, 48341.
13.2. If Notice is sent to Public Body, it shall be addressed to: 215 W Main St, Northville, MI
48167.
14, GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
Linder or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the
court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
15. SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in full
force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and
conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section
5); No Third -Party Beneficiaries (Section 8); No Implied Waiver (Section 9); Severability (Section
10); Precedence of Documents (Section 11); governing Law/Consent to Jurisidiction and Venue
(Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record
keeping, reporting, audit compliance, and fund return provisions of Section 3,
16. ENTIRE AGREEMENT.
16.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the Oakland Together CVT flmds With regard to the Oakland Together CVT
funds, this Agreement supersedes all other oral or written agreements between the Parties.
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OAKLAND TOGETHER CARES ACI' CVT FUND - INTERLOCAL AGREEMENT
16.2. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Patrick Sullivan, City Manager, hereby acknowledges that he/she has been
authorized by a resolution of the City of Northville, a certified copy of which is attached, to execute this
Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms and
conditions of this Agreement.
EXECUTED: �/C/ DATE: - gra ZU
Patric van, City Man get, City of Northville
WITNESSED: DATE: '%�a�--v
ianne Massa, Cit Clerk, City ol'Northville
IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that lie has been authorized by a resolution of the Oakland Comity Board of
Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds
Oakland County to the terms and conditions of this Agreement.
EXECUTED:
WITNESSED:
David Woodward, Chairperson
Oakland County Board of Commissioners
Oakland County Board of Commissioners
County of Oakland
Page 7 of 7
DATE:
DATE:
OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
Resolution #20377
September 3, 2020
Moved by Markham seconded -by Miller to suspend the rules and vote on Miscellaneous Resolution
#20377 — Board of Commissioners — Approval of Interlocal Agreement with the City of Northville for
Distribution of CARES Act Funding.
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #20377 — Board of Commissioners — Approval of Interlocal Agreement with the City of
Northville for Distribution of CARES Act Funding carried.
Moved by Markham seconded by Miller the resolution be adopted.
Discussion followed.
Moved by Taub seconded by Kowall to amend the resolution as follows:
Insert the following language after the first BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the City of Northville shall only expend Oakland Together
Local Government Partnership Grant Program funds within the boundaries of Oakland County.
Discussion followed.
Vote on amendment:
AYES: Gingell, Hoffman, Kochenderfer, Kowall, Kuhn, Long, Middleton, Spisz, Taub,
Weipert. (10)
NAYS: Woodward, Zack, Gershenson, Jackson, Luebs, Markham, McGillivray, Miller, Nelson,
Powell, Quarles. (11)
A sufficient majority not having voted in favor, the amendment failed.
Vote on resolution, as presented:
AYES: Zack, Gershenson, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Weipert, Woodward. (17)
NAYS: Gingell, Hoffman, Middleton, Taub. (4)
A sufficient majority having voted in favor, the resolution, as presented, 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 September 3,
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 3m day of September, 2020.
Lisa Brown, Oakland County