HomeMy WebLinkAboutResolutions - 2020.11.19 - 33932REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
ENDER NEW BUSINESS
MISCELLANEOUS RESOLUTION#20613
BY: Commissioner Phil Weipert, District #8
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH LYON
TOWNSHIP PUBLIC LIBRARY 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 Lyon Township Public Library 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 Lyon Township Public Library and recommends the disbursement
of $16,600.57 to Lyon Township Public Library from the Oakland Together Local Government Partnership
Grant Program from CARES Act—Coronavirus Relief Funds; and
WHEREAS the Lyon Township Public Library 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 Lyon Township Public Library and authorizes
the distribution of $16,600.57 from the Oakland Together Local Government Partnership program to the
Lyon Township Public Library 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 Lyon Township Public Library.
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 Lyon Township
Public Library.
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.
2i*ssionJileipert
District #8
Oakland Together COVID Support Fund Expenditure Submission Form
This online submission form is used by the following separate grant programs: ATTACHMENT A
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 Mich 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 10870M
Submission Information
i Local Government Facility r Municipality (CVT) (- School r Library/Community Center/Senior Center
What CVT are you located within? Lyon Twp
Name Lyon Township Public Library
Do you have your own governing board? r yes r No
Governing Board Lyon Township Public Library Board of
Trustees
Title Technology Coordinator
Email mdixon@lyon.lib.mi.us
Phone 248-437-8800
Authorized Official
Individual authorized to sign Interiocal Agreement
Name Folly Teasdle
Title Library Director
Email hteasdle@lyon.lib.mi.us
Phone 248-437-8800
Funding Information
Payment Method r Electronic (ACN) r Check Payment
Remittance Address
Expenditures
Expenditure ID 10870M-1
Address 27005 Milford Rd
City South Lyon
State MI ZIP Code 48178
Expenditure Description Protective Supplies & Technology
Equipment
Expenditure Category* Personal Protective Equipment
Date 9/14/2020
Amount $ 16,600.57
Compliance Explanation Personal Protective supplies, including
plexiglass shields, masks, gloves, and
cleaning supplies were purchased to
comply with state directives for social
distancing, and for protection of staff
and the public. Technology purchases
were made to increase internet
accessibility for our community, and for
virtual programming.
Compliance Records The attached file includes a detailed
spreadsheet listing all expenses by
vendor, as well as the corresponding
invoices by vendor.
Attachment All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund hake been in accordance with section 601 (d) of the
I,
Social Seuidty Act,
Cares Grant Invoices-compressed.pdf 173MB
Expenditure Approval F. Approved ( Rejected
Total Submitted Amount $ 16,600.57
Total Approved Amount $ 16,600.57
Compliance Requirements
By submitting this Form the applicant affirms that it vdll abide by each of the follovring 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 Wth respect to the
Coronavirus Disease 2019 (COVID-19).
V The expenditures were not accounted for in the budget most recently approved as of March 27, 2020.
W The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020.
!J, 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 9/14/2020
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN ATTACHMENT B
OAI LAND COUNTY AND
Lyon Township Public Library
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Lyon
Township Public Library, 27005 Milford Rd, South Lyon, MI 48178. 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 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 A. 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.
L5. Pa means any calendar day beginning at 12:00 a.m, and ending at 11:59 p.m.
Page 1 of 7
OAKLAND TOGVTHFR C'ARFR ACT C'VT FUND - INTF.RLO AL AGRF.FMFNT
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. PUBLIC 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." t
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 funds 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 funds 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 funding 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 httns:Hhome.treasurv.eov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-
Terri torial-Loca I -a nd-Tri bal-Govern ments.od f
Page 3 of 7
OAKLAND TnGE.THER CARER ACT CVT FUND - INTERI.00Al. 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 Noncomuliance. 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 Rights. 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 Completion 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. 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.
L-WIDI.,4011mu: I ^-- I► I-MILOIN -U_►
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 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.
g, 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.
Page 5 of 7
OAKLAND TOGETHER CARES ACT CVT FiiND - INTERLOCAT, 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, Holly Teasdle hereby acknowledges that he/she has been authorized by a
resolution of the Lyon Township Public Library, 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: DATE:
Holly T&sdle, Director of Lyon Township Public Library
WITNESSED: i�%C DATE: 9�lK�0O")C�
Marjorie Dixon, Technology Coordinator
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:
Page 7 of 7
OAKLAND TOGETHER CARFN ACT CVT FIND - INTERLOCAL AGREEMENT
Resolution #20613 November 19, 2020
Moved by Weipert seconded by Powell to suspend the rules and vote on Miscellaneous Resolutions
#20588 through #20622 - 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 #20588 through #20622 - Board of Commissioners — Approval of Interlocal
Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding carried.
Moved by Weipert seconded by Powell resolutions #20588 - #20622 be adopted.
Vote on resolutions:
AYES: McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward,
Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs,
Markham. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions were adopted.
I Ll.-' G #-N -
I HEREBY APPROVE THIS F lESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MGL 45.559A V)
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 November 19,
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 19th day of November, 2020.
Lisa Brown, Oakland County