HomeMy WebLinkAboutResolutions - 2020.10.21 - 33811MISCELLANEOUS RESOLUTION #20499 _
BY: Commissioner Gary McGillivray, District #20
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF
PLEASANT RIDGE 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 Acts (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 Pleasant Ridge 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 Pleasant Ridge and recommends the disbursement of
$8,852.13 to the City of Pleasant Ridge from the Oakland Together Local Government Partnership Grant
Program from CARES Act — Coronavirus Relief Funds; and
WHEREAS the City of Pleasant Ridge 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 Pleasant Ridge and authorizes the
distribution of $8,852.13 from the Oakland Together Local Government Partnership program to the City
of Pleasant Ridge 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 Pleasant Ridge.
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
Pleasant Ridge.
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.
Commissioner GaryMcGillivray
District #20
REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
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Attachment A
Oakland Together COVID Support Fund Expenditure Submission Form
This online submission form is used by the following separate grant programs:
• Local Government (cities, villages and townships)
• Libraries, Senior Centers and Community Centers
• School Districts
Basic Guidelines
• Funds are made on a reimbursement basis and may only be made available if the above entities have expenses that
meet the requirements of the federal CARES Act. Information and FAQs are available here.
• CVTs shall not submit an Expenditure Submission Form for any expense which is eligible to be covered by FEMA
(Federal Emergency Management Agency) Public Assistance reimbursement grant. CVT may use funds to pay the
25% "cost share" or "local match" required with FEMA reimbursement once that amount is approved by FEMA.
Review Best Practices for submissions here.
Application ID
10496M
Government Facility receiving Funds
Local Government Facility
Municipality (CVT) School _ Library/Community Center/Senior Center
Street Address
City
Government Facility
Mailing Address
State / Province / Region
Postal / Zip Code Country
Submission Information
Name
James Breuckman
Title
City Manager
Email
citym a n ag er@cityofpl easantri dg e_org
Phone
248-541-2901
Authorized Official
Individual authorized to sign Interlocal Agreement
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James Breuckman
City Manager
city m an ager@cityofpleasa ntri dge_o rg
Name
Title
Email
Phone
248-541-2901
Funding Information
Payment Method
Electronic (ACH) g.. Check Payment
Remittance Address
23925 Woodward Avenue
Pleasant Ridge
Address
City
State MI ZIP Code 48069
Expenditures
Expenditure ID 10496M-1
Expenditure Description Sanitation, PPE and Disinfection
supplies
Expenditure Category Personal Protective Equipment
Start Date 8/17/2020
End Date
$ 8,852.13
Amount
Compliance Explanation
Purchase of masks, gloves, face shields,
sneeze screens, crowd control and
distancing items, disinfectant, bleach,
cleaners and cleaning supplies, and
thermometers
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Compliance Records
please see attached paid invoices. All
invoices have been paid between March -
August 2020.
Attachment
All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance with section 601 (d) of the
Social Security Act.
D00081720-08172020143142.pdf 505.35KB
Expenditure Approval*
Approved Rejected
Total Submitted Amount
$ 8,852.13
Total Approved Amount
$ 8,852.13
Compliance Requirements
By submitting this Form the applicant affirms that it will abide by each of the following requirements when using Oakland
Together COVID Support funds. Please check the box next to each requirement to confirm your intent to abide by these
The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus
Disease 2019 (COVID-19).
m The expenditures were not accounted for in the budget most recently approved as of March 27, 2020.
The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020.
The expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls in
government revenue to cover expenditures that would not otherwise qualify under the CARES Act Coronavirus
Relief Fund.
Upon approval of this Form, the applicant will be provided with an Interlocal Agreement or Contract, which must be
executed prior to the release of any funds, and which lists further requirements including but not limited to:
• The applicant must agree to participate in the production of documents required by any future audit of the CARES Act
program, and funds not spend in accordance with the Act must be returned to the County.
• The applicant must agree that they have not received federal or state funds to cover these expenditures and in the
event they receive direct funding from the federal or state government to cover these expenses, the county money
will be returned.
Date Submitted
8/17/2020
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Attachment B
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND THE CITY OF PLEASANT RIDGE
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
Pleasant Ridge ("Public Body") 23925 Woodward Avenue, Pleasant Ridge, MI 48069. County and
Public Body may be referred to individually as a "Party" and jointly as "Parties".
PURPOSF. 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 seq., 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 funds to be distributed to CVTs 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. Agreement 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, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
1.6. Public Bodv means the City of Pleasant Rige 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 Bo 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 funds
provided under this Agreement. "Public Body Employee" shall also include any person
who was a Public Body Employee at any time during 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 an 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 Coronavims Aid, Relief, and Economic Security Act.
1.9. CVTs means Cities, Villages, and Townships.
1.10. Oakland Together CVT fgn& means that portion of the CARES Act funds which the
County has allocated to CVTs within Oakland County.
1.11. Expenditure 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. QU means the Office of the Oakland County Executive, which includes the Chief
Deputy and other Deputy County Executives.
1.13. Oversight Committee means the committee established by the Oakland County Board
of Commissioners in the resolution allocating the Oakland Together CVT funds.
2. CO jj\TTV RFSPONSIBILITIES.
2.1. OCE will review Public Body's Expenditure Submission Form(s) 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 guidenace 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 funds available are not sufficient to fulfill Public Body's Expenditure
Submission Form.
2.4. After November 30, 2020, County will not accept any further Expenditure Submission
Forms from Public Body, and County will retain the balance of any Oakland Together CVT
funds for which Public Body was originally eligible, but which are not covered by an
approved Expenditure Submission Form.
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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 Noncomnliance. 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 immunity of the Parties. Nothing in this Agreement shall be
construed as a waiver of governmental immunity for either Party.
5.6. Authorization and Comaletion of Agreement. The Parties have taken all actions and
secured all approvals necessary to authorize and complete this Agreement. The persons
signing this Agreement on behalf of each Party have legal authority to sign this
Agreement and bind the Parties to the terms and conditions contained herein.
5.7. Comnliance 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. TERM ATION OR CAhJCEj LATION 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 under 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 Parry terminates or cancels this agreement they shall provide written notice to the
other Party in the manner described in Section 13.
7. DELECATION OR A SSTGNMENT. 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 RFNFFTC. 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. SEVERARTLITY. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this
Agreement, All other terms, conditions, and provisions of this Agreement shall remain in full
force.
11. PRECEDENCE OF OOCTT NTC, In the event of a 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. NOTICES. 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: City Manager, 23925 Woodward
Avenue, Pleasant Ridge, MI 48069.
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
under 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. SURVTVAL OF TERMJ. 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 -Parry 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 funds 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 ACT 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, James Breuckman, City Manager hereby acknowledges that he/she has been
authorized by a resolution of the Pleasant Ridge City Commission, 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.
EXECUTEDu�
es Breuckman, City Manager
WITNESSED: UYI►Y�l�I.ICJ��ti�
Amy Allison, Assistant City Manager
DATE: I ts�Qw_
DATE: '-7-17-3,2ZM
IN WITNESS WHEREOF, David 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 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
DATE:
DATE:
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
Resolution #20499 October 21, 2020
Moved by Hoffman seconded by Powell to suspend the rules and vote on Miscellaneous Resolutions
#20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval of Interlocal
Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding.
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolutions #20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval
of Interlocal Agreement/Application for Disbursement with (Ju(sdiction) for Distribution of CARES Act
Funding carried.
Moved by Hoffman seconded by Powell resolutions #20471 - #20497 and #20499 - #20514 be adopted
Discussion followed.
Vote on resolution:
AYES: Gershenson, Hoffman, Jackson, Kochenderfer, Long, Luebs, Markham, McGillivray,
Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack. (17)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
I ®REEPY „sPFOVETHISFESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANTTO 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 October 21,
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 21�1 day of October, 2020.
Lisa Brown, Oakland County