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HomeMy WebLinkAboutResolutions - 2020.12.07 - 34007MISCELLANEOUS RESOLUTION #20679 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT FOR DISTRIBUTION OF CARES ACT FUNDING — VILLAGE OF HOLLY 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 CONAD-19 public health emergency; and WHEREAS Village of Holly 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 Village of Holly and recommends the disbursement of $19,540.32 to Lyon Township from the Oakland Together Local Government Partnership Grant Program from CARES Act—Coronavirus Relief Funds; and WHEREAS Village of.Holly has approved and executed an interlocal agreement prepared by Oakland County Corporation Counsel. The agreement isincluded as "Attachment B". NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the eligible reimbursement application from Village of Holly and authorizes the distribution of $19,540.32 from the Oakland Together Local Government Partnership program to Village of Holly 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 for the Village of Holly. 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 Village of Holly. 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 Commissioner *Ko District #2 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11590M Attachment A Government Facility receiving Funds Payee V age of lb y Local Government Facility 6 Man cpa ty (CVT) r L brary/Comnam ty CentedSep or Center CVP Name ills s the ega Ent ty that s jrx o vng the fakir, He y Government Facility Streaf Address Mailing Address 300 East Street Address L ne 2 Cry hio y Pasta / ZP Cade 48442 Submission Information Name DeborahJ.Bgger Title Cerk(rreasurer Email dbgger@ho yv age.org Phone 248-634.9571 Authorized Official Ind Vitus autt"?ed to s gn Inter oca Agreement Name Jerry L. Wa ker Funding Information Title V age Manager Email lwa ker@ho yv age.org Phone 248-634-9571 State / Pn vnrco / Roj Oil MI (Amiry Un led States of Amer ca Payment Method r• Eectronc(ACIi) r" Check Payment Financial Institution Information Name of Financial Institution The State Bank Nine -Digit Routing Transit Number - Account Number _ Account Type 6 Checkng r Savngs I author ze Oak and County to depost funds owed to the above payee/vendor by the County, by d rect depos t (e ectron c funds transfer). Informal on prov ded must be for U.S. F nano a Inst tut ons on y. I consent to and agree to comp y win the Nat one Automated C ear ng House Assoc at on Ru as and Regu at ons and Oak and County's po cy regard ng a ectron c funds transfers as they ex st on lb s date or as subsequent y adopted, amended, or repea ad. M ch gan aw governs a ectron c funds transact ons author zed by th s agreement n a respects except as otherw se superseded by federa aw. Expenditures Expenditure ID 11590KA-1 Expenditure Description Teework Expenditure Category Improve Te ework Capab t es of Pub c Emp oyeos Start Date 3/23/2020 End Date 9/30/2020 Amount $ 2,421.71 Compliance Explanation The expenses were to a owsorro anip oyeos to work from home and to a ow our meet ngs to be he d e ectron ca y Compliance Records Spreadsheet and nvo ces up eased be ow Attachment A exfx:nd Iurx's must kxr suf><xxta(i try recxxds su8c out la demxictmle tl �I the anxxnt of pnyrruxits from tlx; Rind ttr»e; tn�xan n at corx4ance wth x,c�c t ai 601 (d} of the Soo a Scour ty Act. Te ework 11-16-20.pdf 1.49MB Expenditure Approval* R Approved r Rejected Total Submitted Amount $ 2A21.71 Total Approved Amount $ 2,421,71 Pay Partial Amount r Yes CVT Cap Amount $137,96816 Previously $000 Awarded Compliance Requirements By submit ng th s Form the app cant af(rms that t w ab de by each of the to ow ng requ rements W-an us ng Oak and Together COVID Support funds. P ease check the bore next to each requ rement to conf tm your ntent to ab de by these W The expend lure of the funds s necessary due to the pub c has th emergency wth respect to the Coronav rus D sease 20'19 (COVID-19). (7 The e)pend lures wore not accounted for n the budget most recent y approved as of March 27, 2020. The eVend tures ware or w be nourred dur ng the per od that beg as on March 1, 2020 and ends on December 30, 2020. W The expend lures are not be ng used as revenue rep acement for the Pub c Body (CVT) to f shortfa s a government revenue to cover wvend lures that wou d not otherwse qua fy under the CARES Act Coronav rus Re at Fund Upon approve of th s Form, the app cant w be prov, ded wth an Inter oca Agreement or Contract, wki ch must be executed pr or to the re ease of any funds, and wit ch sts further requ rements nc ad ng but not m led to: • The app cant must agree to part e pate a the product on of documents requ red by any future mud t of the CARES Act program, and funds not spend n accordance win the Act must be returned to the County. • The app cant must agree that they have not race ved federa or state funds to cover these expend tures and n the event they race ve d rect fund all from the federa or state government to cover these wpanses, the county money w be returned. Date Submitted 11/17/2020 Application ID 11692M Government Facility receiving Funds Payee V age of Fb y Local Government Facility r Men c pa ty (CVT) r L brary/Comnxin ty Clenter/Sen or Center CVT Name "lhs sthe ega I ty that s rote vng lino finrch Ho y Government Facility Stroll Address Mailing Address 300 East Street Address L no 2 C ty Flo y Posta / Zp Code 48442 Submission Information Name Deborah J. B gger Title Cerk[Treasurer Email dbgger@ho yv age.org Phone 248-634-9571 Authorized Official Ind vdtra author zed to Is go Inter oca Agreement Name Jerry L. Wa ker Funding Information Title V age Manager Email jve ker@ho yv age.org Phone 248-634-9571 State/ Piovnce / Rey an MI Country Un ted Stales of Amer ca Payment Method f• E ectron c (ACN) r Check Payment Financial Institution Information Name of Financial Institution The State Bank Nine -Digit Routing Transit Number - Account Number _ Account Type 6- Check ng r Sav rigs I anther ze Oak and County to dopes t funds owed to the above payee/vendor by the County, by d rect depos ( (e ectron c funds transfer). informat on prov ded must be for U.S. F none a Inst tut ons on y. I consent to and agree to comp y with the Miens Automated C ear ng douse Assoc at on Ru as and Regu at ons and Oak and County's po cy regard ng a ectron c funds transfers as they exst on th s date or as subsequent y adopted, amended, or repea ud. M ch gan aw governs a ectron c funds transact ons author zed by th s agreement n a respects except as otherwso superseded by fedora aw. Expenditures Expenditure ID 11592%1 Expenditure Description PPE Expenditure Category Persona Protectve Equpment Start Date 3120/2020 End Date 3/23/2020 Amount $ 876.50 Compliance Explanation PPE for our f rsl responders n the F re Department Compliance Records Spreadsheet and rive ces up eased be ow, Attachment A exfx-vxi tuies must be sulrlxxtr:d by «xtxrl, suH r, txd to r#;mxntmte tlxit tix� anmill of payments fall the Fund hau tx=rur n a xsxt' wnce will scat on 601 (d) of the Srx a Secur ly Act. PPE 11-16-20.pdf 873.96K6 Expenditure Approval* r•- Approved r Rejected Total submitted Amount $ 876.50 Total Approved Amount $ 876.50 Pay Partial Amount r Yes CVT Cap Amount $ 137,968 16 Previously $ 0 00 Awarded Compliance Requirements By subrn it ng th a Form the app cant air rms that t w ab de by each of the to on ng requ rements when us ng Oak and Together COVID Support funds, P ease check the box next to each requ remerd to cant an your ntent to ab de by these W The expend lure of the funds s necessary due to the pub c hea in emergency with respect to the Coronav rus D sease 2019 (COVID-19). P The expend lures were not accounted for n the budget most recent y approved as of March 27, 2020, W The expend tures were or w be ncurred (for ng the per ad that beg ns on March 1, 2020 and ends on December 30, 2020. �. The expend tures are not be ng used as revenue rep acement for the Pub c Body (CVt) to f shortfa s n government revenue to cover expend tures that aou d not otherwse qua fy under the CARES Act Coronev rus Re of Fund. Upon approve of lh s Form, the app cant w be prov ded wth an Inter ace Agreement or Contract, wh on must be executed pr or to the re ease of any funds, and W1 ch sts further requ rements no ud ng but not m ted to: • The app cant must agree to part c pate n the product on of documents requ red by any future and t of the CARES Act program, and funds not spend n accordance win the Act must be returned to the County. • The app cant must agree that they have not race ved fedora or state funds to cover these expend tures and n the event they race ve d rect fund ng from the federa or state government to cover these expenses, the county money w be returned. Date Submitted 1111712020 Oakland Together COVID Support Fund Expenditure Submission Form Application to 11693M Government Facility receiving Funds Payee V age ofFb y Local Government Facility G Muncpa ty(CVT) r' Lbrary/(3ornrnun ty Center/Senor Center CVT Name Tin s a the ega eni ry that s rece vng the flun)s 1-b y Government Facility Street Address Mailing Address 300 East Street Address L no 2 Cry Flo y Posta I Zp axle 48442 Submission Information Name Deborah J.89ger Title Cork/TreaaLlrer Email db gger@ho yv age.org Phone 248-634-9571 Authorized Official Ind vdua autl" zed to s gn brier era Agreemertt Funding Information Name Jerry L. Wa ker Title V age Manager Email Jvve ker@ho yv age.org Phone 248-634-9571 State/ Prcvrx o I R q on MI Country Uri led States of Amer ca Payment Method r Eeotfonc(ACH) r Check Payneant Financial Institution Information Nam of Financial Institution The State Bank Nine -Digit Routing Transit Number _ Account Number _ Account Type r: Check ng r Savngs I author ze Oak and County to depos t funds owed to the above payee/vendor by the County, by d rent depos t Is ectron c funds transfer). informaton provded mist be for U.S. F nano a Imatutons on y. I consent to and agree to comp y will the Miens Automated C ear ng Mouse Assoc at on Ru as and Regu at ons and Oak and County's po cy regard ng a ectron c funds transfers as they axst on th s date or as subsequent y adopted, amended, or rapes ad. M ch gan aw governs a ectron c funds transact ons author zed by th s agreement n a respects except as olherwse superseded by fedora aw. Expenditures Expenditure ID 11593%1 Expenditure Description Pub c Hea th Expenditure Category Pub c Find th Expenses Start Date 3/16/2020 End Date 5/26/2020 Amount $ 3,831.21 Compliance Explanation Supp as purchased for pub c Ilea th to ensure the safety of our res dents and errp oyees Compliance Records Spreadsheet and rive ces up oaded be ow Attachment A expraxltuit's must kx' supfxxted IlY recoal; soli r, ent to deina�etrate Ihst the atmqunt c)f lmaynrerds loan tlw Fluid hau: ix;en n ac.coniance w th sa'.l em f;01 (d) of Ihu Soc a Secur ty Act. Pub c Has th 11.16.MIadf 1A3MB Expenditure Approval* R Approved r Rejected Total Submitted Amount $ 3,831,21 Total Approved Amount $ 3,831.21 Pay Partial Amount r Yes CVT Cap Amount $ '137,968 16 Previously $000 Awarded Compliance Requirements By sutxn tt ng th s Form the app cant aB mu that t w ab de by each of the to ow ng requ cements when u; ng Oak and Together COVID Support funds. P ease check the bore next to each ro to rement to cant rm you Mart to ab do by these W, The expend lure of the funds s necessary due to the pub c Ilea th emergency will respect to the Comnav rus D sease 2019 (COVID-19). W The expand tures were not accounted for n the budget most recent y approved as of March 27, 2020. (J The expend totes were or w be ncurred dur ng the per od that beg ns on March 1, 2020 and ends on December 30,2020. W The expend tures are not be ng used as revenue rep acement for the Pub c Body (CVT) to f shortfa s n government revenue to cover expend tures that wou d not otherw se qua fy under the CARES Act Coronav rus Re of Fund. Upon approve of lh s Form, the app cant w be prov ded wth an Inter oca Agreement or Contract, wh ch must be oxocutod pr or to the re ease of any funds, and M ch sts further requ rements nc ud ng but not m ted to • The app cant must agree to part c pale n the product on of documents requ red by any future and t of the CARES Act program, and funds not spend n accordance wth the Act must be returned to the County. • The app cant must agree that they have not race ved tartar@ or state funds to cover these w pond lures and n the event they rece ve d rect fund ng from the federa or state government to cover these wpenses, the county money w be returned. Date Submitted 11117/2020 Oakland Together COVID Support Fund Expenditure Submission Form Application to 11839M Government Facility receiving Funds Payee V age of no y Local Government Facility B Mun cpa ty, (CVT) C L brarylComnwn ty Center/Seri or Center CVT Name Th s s tl�, ega enl ty that s we vng the. funds no y Government Facility Street Address Mailing Address 300 East Street Addioss L ne. 2 Cty State / P1PN1f9 / lReg on Flo y MI Poste/Zp Cale Country 48442 Un led States of Amer ca Submission Information Name Deborah J. Bgger Title C erkfrreasurer Email db gger@ho yv age.org Phone 248-634.9571 Authorized Official Ind vdua autW,zed to s gn lnteroaa Agreement - Name Jerry L. We ker Title V age Manager Email jvm ker@ho yv age.org Phone 248-634-9571 Funding Information Payment Method Gr Eectronc(ACH) C Check Payment Financial Institution Information Name of Financial Institution The State Bank Nine -Digit Routing Transit Number _ Account Number _ Account Type r Checkng r Savngs I author ze Oak and County to depos t funds owed to the above payeelvendor by the County, by d root depos t Is octron c funds transfer). Informat on prov ded must be for U.S. F nano a Insi tut ons on y. I consent to and agree to campy wth the Nat ona Automated C ear ng house Assoc at on Rues and Regu at ons and Oak and County's po cy regard ng a ectron c funds transfers as they exst on th s date or as subsequent y adopted, amended, or repea ed. M ch gan aw governs o ectron c funds transact ons author zed by th s agreement n a respects except as othervse superseded by federa aw. Expenditures Expenditure 10 11839M-1 Expenditure Description Te ework Expenditure Category Improve Teework Capab tesofPubcEmpoyees Start date 7/2/2020 End Date 11/2412020 Amount $ 3,691 37 Compliance Explanation Ass sts n amp oyees to ework and a ows for a ectron c meet ngs. Compliance Records Spreadsheet and nvo ces attached Attachment A expand traps must be supported by records sutfc ere to cernonMiato tlxt it amount of pcynxxits from the Fund hau: boor n accordance. with .ect on 601 (d) of the Soc a Scour ty Act. To ework 11-30-20.pdf 1 59MB Expenditure Approval* r Approved r Rejected Total submitted Amount $ 3,691,37 Total Approved Amount $ Pay Partial Amount r Yes CVT Cap Amount $ Previously $ Awarded Compliance Requirements By subm It ng th s Form the app card aff nns that t w ab de by each of the to aN ng requ rements when us ng Oak and Together COVID Support funds, P ease clerk the box next to each requ cement to cart an your ntent to ab de by these W The expend lure of the funds s necessary due to the pub c hea th emergency w th respect to the Coronav rus D sease 2019 (COVID-19), 17 The expend lures were not accounted for n the budget most recent y approved as of March 27, 2020, R The expend tares were or w be ncurred dur rig the parod that beg ns on March 1, 2020 and onds on December 30, 2020 The expend tares are not be rig used as revenue rep acement for the Pub c Body (CVT) to f shortfa s government revenue to cover emend lures that mu d not otherwise qua fy under the CARES Act Coronav rus Re of Fund. Upon approve of th s Form, the app cant w be prov ded wth an Inter rice Agreement or Contract, wh ch must be executed pr or to the re ease of any funds, and will ch sts further requ rements nc ud rig but not or ted to: • The app cant must agree to part c pate n the product on of documents requ red by any future and t of the CARES Act program, and funds not spend n accordance will the Act must be returned to the County. • The app cant must agree that they have not race ved federa or state funds to cover these emend tures and n the event they race ve d rect fund rig from the federa or state government to cover these expenses, the county rrxmey w be returned. Date Submitted 11/30/2020 Oakland Together CONK? Support Fund Expenditure Submission Form Application ID 11840M Government Facility receiving Funds Payee V age of He y Local Government Facility r Mun cpa ty (CVT) r^L brary/Comrrun ty Center/Sen or Center CVT Name Th s s the ega ent ty thnf s rece vng the fwids He y Government Facility Street Address Mailing Address 300 East Street Address L ne 2 Cry He y Posta / Zp Cale 48442 Submission Information Name Deborah J. Bgger Title Cerk(Treasurer Email dbgger@ho yv age.org Phone 248-634-9571 Authorized Official Ind vdiun atahor zed to s gn Inter<ca Agreement Name JerryL.Wa ker Funding Information Title V age Manager Email jwa ker@ho yv age.org Phone 248-634-9571 State / Prov rice / Reg on MI Country Un led States of Amor ca Payme nt Me thod f• Eectronc(ACH) r Check Payment Financial Institution Information Name of Financial Institution The State Bank Nine -Digit Routing Transit Number - Account Number _ Account Type F Check ng r Sav ngs I author zo Oak and County to depos t funds owed to the above payee/vendor by the County, by d rect depos t (e ectron c funds transfer). Informal on prov ded must be for U.S. F none a Inst tut ons on y. I consent to and agree to camp y wth the Net one Automated C ear ng House Assoc at on Ru es and Regu at ons and Oak and County's po cy regard ng a ectron c funds transfers as they exst on th s date or as subsequent y adopted, amended, or repea ed. M ch gan aw governs o ectron c funds transact ons author zed by in s agreement n a respects except as othenvse superseded by fedora aw. Expenditures Expenditure ID 11840Nr1 Expenditure Description PPE Expenditure Category Persona Protect ve Equ pment Start Data 3/20/2020 Amount $ 1,097.23 Compliance Explanation PPE for f rst responders. End Date 11/13/2020 Compliance Records Spreadsheet and nvo ces attached Attachment A expend tuwes must No supfxxted by newts suitcent to derrKAnstmiH that ttxa amount of payrnanfs fran ttx> fund craw tx�:rm n accatwnnce w lh srxt an rA] 1 {cl) of the Soc a Secur fy Act. PPE 11.30-20.pdf 320.82KB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 1,097.23 Total Approved Amount $ Pay Partial Amount f Yes CVT Cap Amount $ Previously $ Awarded Compliance Requirements By subm it rig in s Form the app cant all nns that t w ab de by each of the in ow ng requ remenls vdmen us ng Oak and Together COVID Support funds. P ease check the box next to each myu recent to conf nn your nlent to ab de by these V The expend lure of the funds s necessary due to the pub c hod in emergency wth respect to the Coronae rus D sease 2019 (COVID-19). R The expend tures were not accounted for n the budget most recent y approved as of March 27, 2020. W The expend tures were or w be ncurred dur ng the per ad that beg ns on March 1, 2020 and ends on December 30, 2020, The expend tures are not be ng used as revenue rep acement for the Pub c Body (CVT) to t sholffa s government revenue to cover expend tares that mu d not otherwse qua fy under the CARES Act Coronev rus Re of Fund. Upon approve of th s Form, the app cant w be prov ded wth an Inter oca Agreement or Contract, wh ch must be executed pi or to the re ease of any funds, and wh ch sts further requ cements nc ud ng but not to led to: • The app cant must agree to part c pate n the product on of documents requ red by any future and t of the CARES Act program, and funds not spend n accordance wth the Act must be returned to the County. • The app cant must agree that they have not race ved federa or state funds to cover these e>wend tures and n the event they rece ve d rect fund ng from the federa or state government to cover these expenses, the county money w be returned. Date Submitted 11/30/2020 Oakland Together CON11D Support Fund Expenditure Submission Form Application ID 11841M Government Facility receiving Funds Payee V age of Fia y Local Government Facility f Mun cpa ty (CVT) r L brary/Conurxm ty Center/Sen or Center CVr Name Ills s lire ega ant ty that s rer.e vng the furxis He y Government Facility Street Adtiress Mailing Address 300 East Street Addmss L ne 2 cry Flo y Pasta / ZP Code 48442 Submission Information Name Deborah J.Bgger Title CerklTreasurer Email dbgger@ho yv age.org Phone 248-634-9571 Authorized Official Ind vdrun autlxxzed to s gn Interom Agreement Name Jerry L. Wa ker Funding Information Title V age Manager Email lvm ker@ho yv ago.org Phone 248-634-9571 Stale! Pnsvire / Reg on MI Country Un led States of Amer ca Payment Method r: Eectronc(ACH) r` Check Payment Financial Institution Information Name of Financial Institution The State Bank Nine�Digit Routing Transit Number _ Account Number _ Account Type (7 Check ng r Savngs 1 author ze Oak and County to depos t funds owed to the above payee/vendor by the County, by d rect depos t (e ectron c funds transfer). Informal on prov ded must be for U.S. F nanc a Inst tut ons on y. I consent to and agree to campy wth the Nat ona Automated C ear ng House Assoc at on Rues and Regu at ons and Oak and County's po cy regard ng a ectron c funds transfers as they exst on th s date or as subsequent y adopted, amended, or repea ed. M ch gan aw governs a ectron c funds transact ons author zed by th s agreement n a respects except as otherwse superseded by toners aw. Expenditures Expenditure ID 1184110-1 Expenditure Description Pub c Heath Expenditure Category Pub c Hea th Expenses Start Date 4/25/2020 End Date 1112412020 Amount $ 7,622.30 Compliance Explanation Expenses to san t ze and promote son a d stanc ng for pub c hea th and safety. Compliance Records Spreadsheet and nvo ces attached Attachment A expo rf lures must bo supipied by records stiff c ert to ck nxhnstrete tf�t the arrxwnt of paynrut4s fiom tYe Fund halo been n a;;corcknnce w th scat on 6(11 (d) of the Soc a Secur ty Act. Pub c lisa th 11-30-20.pdf 1.03MB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 7,622.30 Total Approved Amount $ Pay Partial Amount r, Yes CVT Cap Amount $ Previously $ Awarded Compliance Requirements By subm it ng th s Form the app cant afi ons that t w ab do by each of the fo ow ng requ rements when us ng Oak and Together COVID Support funds. P ease check the box next to each requ rernent to conf an your ntent to an de by these P The expend lure of the funds s necessary due to the pub c hea in emergency wth respect to the Coronav rus D sease 2019 (COVID-19). W7 The expend tures were not accounted for n the budget most recent y approved as of March 27, 2020. W The expend tures were or w be nourred dur rig the per ad that beg ns on March 1, 2020 and ends on December 30. 2020. p. The emend tares are not be ng used as revenue rep acement for the Pub c Body (C\/ ) to f shortfa s government revenue to cover emend tures that wow d not olherwse qua fy under the CARES Act Coronav rus Re of Fund. Upon approva of in s Form, the app cant w be prov ded wth an Inter oca Agreement or Contract, wh ch must be executed pr or to the re ease of any funds, and wti ch sls further requ remeres no ud rig but not in ted to: • The app cant must agree to part c pate n the product on of documents requ red by any future and t of the CARES Act program, and funds not spend n accordance wlh the Act must be returned to the County The app cant must agree that they have not rece ved federa or state funds to cover these expend lures and n the event they rece ve d rect fund ❑g from the federa or state government to cover these expenses, the county money w be returned. Date Submitted 11/30/2020 AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND THE VILLAGE OF HOLLY Attachment B This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Village of Holly, 300 East Street, Holly, MI 48442. County and Public Body may be referred to individually as a "Party" and jointly as "Parties", PURPOSE OF AGREEWNT. 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 fiwds 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. A,ereement 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. -ax means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. Page 1 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 1.6. Public Bodv means the Village of Holly 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 EmDiovee 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 Coronavilus Aid, Relief, and Economic Security Act. 1.9. _CM means Cities, Villages, and Townships. I.10. Oakland Together CVT funds means that portion of the CARES Act funds which the County has allocated to CVTs within Oakland County. 1,11, Lxnenditure Submission Forul 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. CE 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. COUNTY RESPONSIRMITIES. 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 finds available are not sufficient to fulfill Public Body's Expenditure Submission Form. 2.4. After November 30, 2020, County will not accept any fu rther 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. Page 2 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - Ui'TERLOCAL AGREEMENT 2.5. If County retains the balance of Oakland Together CVT fords 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 Cominittee in determining Public Body's eligibility for Oakland Together CVT funds, and the amount of said fiends 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 fiords 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 Govennments."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 fiords 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 COV1D-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 fiords 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 fiords 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://home.treasuiv.Rov/system/files/136/Corotiavirus-Relief-Fund-Guidance-for-State- Territori al-Loca l-and-Tribal-G ovem meats. udf Page 3 of 7 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 under 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. DTTRATION 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 filed by the County Clerk with the Secretary of State. 4.2. This Agreement shall remain in effect until January 31, 2021, 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 fund return requirements of Section 3 after the termination of this Agreement if necessary. 5. ASSURANCES. 5.1, Resnonsibillty 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. Resnonsibility 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 Page 4 of 7 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 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 RWItts. 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 inummity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 5.6. Authorization and Comuletloo 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. I+RMINATION OR CANCEi,Ii,ATION OF AC.REFMENT. 6.1. Cormty 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. DELEQ'ION OR ASS1GNMTM, 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 BENEFICIARIF4, 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 FUND - INTERLOCAL AGREEMENT No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10. SEVERABILITY. 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 terns, conditions, and provisions of this Agreement shall remain in full force. 11. PRECEDENCE OF DOCUMENTS. 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. NOTICE5. 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 oil 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 Comity Board of Commissioners, 1200 North Telegraph Road, Pontiac, MI, 48341. 13.2. If Notice is sent to Public Body, it shall be addressed to: The Village of Holly, 300 East Street, Holly, MI 48442 14. GOVERNING LAW/CONSENT TO TIIRISDICTION 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. StTRVIVAL 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. Y.NTiRE AGREEMF,Da. 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. Page 6 of 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, Jerry L. Walker, Manager hereby acknowledges that he/she has been authorized by a resolution of the Village of Holly 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. f l EXECUTED::, /j/)I ( eq, L alker, Manager WITNESSED: Deborah J. Bigg , C1 Treasurer DATE: G ���% i DATE: 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 Page 7 of 7 DATE: DATE: OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL ACRE EIVLENT Resolution #20679 December 7, 2020 Moved by Gingell seconded by Spisz to suspend the rules and vote on Miscellaneous Resolutions #20667 through #20689 - 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 #20667 through #20689 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding carried. Moved by Gingell seconded by Spisz resolutions #20667 - #20689 be adopted Vote on resolutions: AYES: Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham McGillivray, Middleton, Miller, Nelson, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions were adopted. IS�iE4c:EBY �,Fr f;&OLLYTION CHIEF DE.FUTY 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 December 7, 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 Th day of December, 2020. _l lww' AdgoA— Lisa Brown, Oakland County