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Home My WebLink AboutResolutions - 2020.09.23 - 33676MISCELLANEOUS RESOLUTION #20417 September 23, 2020 BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee IN RE: SHERIFF'S OFFICE - AMENDMENT TO OAKLAND COUNTY SHERIFF'S OFFICE 2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION FOR THE PUBLIC SAFETY AND PUBLIC HEALTH PAYROLL REIMBURSEMENT PROGRAM OR OTHER CARES ACT GRANT FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County provides Law Enforcement Services to the Municipality in accordance with the payment obligations and other terms in the Agreement; and WHEREAS the Michigan Department of Treasury's Public Safety and Public Health Payroll Reimbursement Program (PSPHPR) was created to reimburse eligible public safety and public health payroll expenditures under Section 5001 of the Coronavirus Aid, Relief, and Economical Security (CARES) Act, Public Law 116-136; and WHEREAS the County recently became eligible under the PSPHPR Program to apply for reimbursement for amounts that the County refunded to a local unit of government which the County has contracted with to provide public safety services; and WHEREAS the County would be required to refund the local unit of government for the amount of PSPHPR Program or other CARES Act grant funding awarded prior to receiving and recognizing the PSPHPR Program or other CARES Act grant funding; and WHEREAS the refund to the local unit of government would be based on payroll costs incurred by the County as the contracted law enforcement billable rate is not eligible for the PSPHPR Program or other CARES Act grant funding, and such refund would reduce the appropriate Charges for Services revenue line item; and WHEREAS if the County is not fully reimbursed by the PSPHPR Program or other CARES Act grant funding for the refund amount or the County is required to return/forfeit any of the reimbursement funding for any reason, the Municipality shall reimburse the County for any and all amounts that the County is not fully reimbursed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to execute the amendment to the Oakland County Sheriff's Office 2019-2021 Law Enforcement Services agreement for purposes of refunding local units of government under the PSPHPR Program or other CARES Act grant funding. BE IT FURTHER RESOLVED that a refund payment to the Charter Township of Orion will be made upon the notification and formal acceptance of the PSPHPR or other CARES Act grant funding opportunities. BE IT FURTHER RESOLVED that a budget amendment is not required as the refund amount to the local unit of government would be offset by an equal amount of the PSPHPR Program or other CARES Act grant funding. Chairperson, on behalf of the Health. Safety and Human Services Committee, I move the adoption of the foregoing resolution. Commissione Penny Luebs, District #16 Chairperson, ealth, Safety and Human Services Committee HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kochenderfer absent. AMENDMENT TO OAKLAND COUNTY SHERIFF'S OFFICE 2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION FOR THE PUBLIC SAFETY AND PUBLIC HEALTH PAYROLL REIMBURSEMENT PROGRAM OR OTHER CARES ACT GRANT FUNDING This amendment (the "Amendment") of the 2019-2021 Law Enforcement Services Agreement (the "Agreement") is made and entered into between the Charter Township of Orion ("Municipality") and the County of Oakland, ("County"). Reference to the Agreement in this Amendment includes other amendments to the Agreement that were executed prior to this Amendment, if any. Municipality and County shall be collectively referred to as the "Parties" and individually as a "Party." Purpose of Amendment The County provides Law Enforcement Services to Municipality in accordance with the payment obligations and other terms in the Agreement. The Michigan Department of Treasury's (the "SOM") Public Safety and Public Health Payroll Reimbursement Program (the "Program") was created to reimburse eligible public safety and public health payroll expenditures under section 5001 of the Coronavirus Aid, Relief, and Economical Security (CARES) Act, Public Law 116-136. The County recently became eligible under the Program to apply for reimbursement for amounts that the County refunded to a local unit of government, local governmental authority, or intergovernmental agency which the County has contracted with to provide public safety or public health services. The Parties enter into this Amendment for the purpose of the County refunding to the Municipality certain amounts that the Municipality paid to the County for Law Enforcement Services under the Agreement and for the Municipality to reimburse the County for any amounts that the County refunds to the Municipality that the County does not receive reimbursement from the SOM or with other CARES Act grant funding or that the County has to return/forfeit for any reason. The Parties agree and acknowledge that this Amendment modifies as provided herein and otherwise continues the present contractual relationship between the Parties as described in the Agreement. The Parties amend the Agreement as follows: 1. All defined words or phrases in the Agreement between the Parties will apply throughout this Amendment, unless specified otherwise in this Amendment. 2. Any and all other terms and conditions set forth in the Agreement between the Parties shall remain in full force and effect and shall not be modified, excepted, diminished, or otherwise changed or altered by this Amendment except as expressly provided in this Amendment. 3. The County will refund to Municipality the amount not to exceed $498,896 (the "Refund Amount"), which Municipality paid to County for Law Enforcement Services provided by County during the months of April and/or May of 2020. 4. The County has applied to the SOM Program for reimbursement of the Refund Amount noted above and will issue the Refund Amount to the Municipality based on the SOM Program award amount prior to the County being awarded or reimbursed by the SOM for the Refund Amount. 5. Municipality has no right or claim to any reimbursement from the SOM that the County applies for or receives. 6. If the County is not fully reimbursed by the SOM or with other CARES Act grant funding for the Refund Amount or the County is required to return/forfeit any of the reimbursement from the SOM or other CARES Act grant funding for any reason, the Municipality shall reimburse the County for any and all amounts that the County is not fully reimbursed by the SOM or with other CARES Act grant funding for the Refund Amount and for any and all amounts of the SOM reimbursement or other CARES Act grant funding that the County is required to return/forfeit. If the Municipality is required under this Agreement to reimburse the County for any of the Refund Amount, the County will send the Municipality an invoice for the amount that the Municipality must reimburse the County. The Municipality shall pay the County the full amount due on any such invoice within thirty (30) days of the invoice date. The undersigned hereby execute this Amendment on behalf of the Municipality and the County and by doing so legally obligate and bind the Municipality and the County to the terms and conditions of this Amendment. IN WITNESS WHEREOF, Chris Barnett, Township Supervisor hereby acknowledges that he has been authorized by a resolution of the Municipality, a certified copy of which is attached, to execute this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: DATE: WITNESSED: DATE: IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: DATE: David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: County Board of Commissioners Resolution #20417 September 23, 2020 Moved by Luebs seconded by Gershenson the resolutions on the amended Consent Agenda be adopted. AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. Q"-- VETHIS RESOLUTION 1 HEF�CBY E'w(ECUTIVE CHIEF DEPUTY COUNTY ACTING PURSUANT TO 1101- 45,659A P) 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 23, 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 23rd day of September, 2020. Lisa Brown, Oakland County