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HomeMy WebLinkAboutResolutions - 2022.06.07 - 35559.0AKtAND..,, COUNTY MICHIGAN BOARD OF COMMISSIONERS June 7, 2022 MISCELLANEOUS RESOLUTION #22-189 , Sponsored By: Michael Spisz Board of Commissioners - Resolution Appropriating Additional American Rescue Plan Act — Local Fiscal Recovery Funds and Authorizing the Release of Grant Funding for the Local Government Critical Infrastructure Planning Grant Program Chairperson and Members of the Board: WHEREAS the United States Treasury allocated Oakland County $244,270,949 of Local Fiscal Recovery Funds (LFRF) established under the American Rescue Plan Act (ARPA) of 2021; and WHEREAS under the initial guidance of the Interim Final Rule, the County may use these funds at their discretion to support eligible investments in public health expenditures, address negative economic impacts caused by the public health emergency; replace lost public sector revenue; provide premium pay to essential workers; and invest in water, sewer, and broadband infrastructure; and WHEREAS the Board of Commissioners has approved MR #21303 and MR #21382 initially creating and funding the Local Government Critical Infrastructure Planning Grant Program ("Program") to provide Oakland County local governments with financial assistance for costs associated with the planning and design of critical ARPA eligible sewer and water infrastructure projects; and WHEREAS ARPA LFRF may be used for pre -project development costs eligible under the Drinking Water and Clean Water State Revolving Funds programs; and WHEREAS the Program has completed the grant application process on March 31, 2022, thirty-eight (38) applications were received requesting more than $3.3 million in grant funding. The applications were reviewed and ranked in accordance with the established scoring criteria; and WHEREAS the approved funding appropriated through MR 421382 will address 21 community applications, leaving 15 applications of the initial 38 that fall outside the fundable range previously approved, additional Oakland County ARPA LFRF funding of not -to -exceed $1,500,000 is requested to complete the Program; and WHEREAS the Local Government Critical Infrastructure Planning Grant Program Oversight Ad Hoc Committee has reviewed the 38 applications and recommends approval for the release of grant funds to those communities who have applied through the Program; and WHEREAS partnering with local governments to conduct the critical preliminary planning and analysis necessary to access state and federal funding for critical infrastructure improvements is a wise investment of Oakland County's ARPA funds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of not -to -exceed $1,500,000 of American Rescue Plan Act — Local Fiscal Recovery Funds to expand the Local Government Critical Infrastructure Planning Grant Program. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the release of American Rescue Plan Act — Local Fiscal Recovery Funds for those projects recommended for approval by the Local Government Critical Infrastructure Planning Grant Program Oversight Ad Hoc Committee. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to sign and execute an agreement with the attached list of approved communities, contingent upon review by Corporation Counsel. BE IT FURTHER RESOLVED that approval of appropriations of American Rescue Plan Act — Local Fiscal Recovery Funds for programs and services by Oakland 'County shall not obligate a commitment of the General Fund, unless authorized by action of the Board of Commissioners. BE IT FURTHER RESOLVED that the budget shall be amended as reflected in the Schedule A - Budget Amendment. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Michael Spisz. 6--."Jdu Date: June 07, 2022 David Woodward, Commissioner Date: June 09, 2022 Hilarie Chambers, Deputy,County Executive II F' FMa't Date: June 09, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING , 2022-05-18 Economic Development & Infrastructure - recommend and forward to Finance 2022-05-18 Finance - recommend to Board 2022-06-07 Full Board VOTE TRACKING Motioned by Commissioner Penny Luebs seconded by Commissioner Eileen Kowall to adopt the attached Resolution: Appropriating Additional American Rescue Plan Act — Local Fiscal Recovery Funds and Authorizing the Release of Grant Funding for the Local Government Critical Infrastructure Planning Grant Program. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (21) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. BOC - ARPA Local Govt Infrastructure Planning - Add'1 Amount Sch A 2. GRANT ADMINISTRATION PLANCVTedited 3. 21303 Resolution Critical Infrastructure CVT 4. MR#21-382 - Appropriation of ARPA Funding - CVT Critical Infrastructure Projects 5. Attach A - 21 communities 6. WRC Memo to Planning Grant Committee FINAL 7. 2022-5-18 Attachment A - Additional Planning Grant Projects Request 8. 2022-5-18 WRC Memo to EDI Committee -Planning Grant Funding FINAL 9. ARPA Blank Final Draft Interlocal Agreement for Infrastructure Planning 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 June 7, 2022, 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 on Tuesday, June 7, 2022. Lisa Brown, Oakland County Clerk / Register of Deeds RIE I Fund Name I Division Name R ARP Local Fiscal Recovery Fund Non -Departmental E ARP Local Fiscal Recovery Fund Non -Departmental Oakland County, Michigan ARP -ADDITIONAL AMOUNT FOR LOCAL GOVERNMENT CRITICAL INFRASTRUCTURE PLANNING PROGRAM Schedule "A" DETAIL Operating I Fund I Budget (Project' ( ) Fund # Division # Program # Account # Unit OU Affiliate Reference Unit Project # Activity Analysis Account Title FND21285 CCN9010101 PRG133095 RC610313 GRANT GRN-1003596 Federal Operating Grants FND21285 CCN9010101 PRG133095 SC731598 GRANT GRN-1003596 Regranling Program Amendment I Amendment l Amendment $ 1,500,000 $ - $ - $ 1,500,000I $ - $ $ 1,500,000 I $ - ($ - $ 1,500,000J $ - $ - ATTACHMENT A GRANT ADMINISTRATION PLAN Local Government Critical Infrastructure Planning Grant Program PURPOSE: Provide financial assistance to Oakland County local governments for project planning, engineering, analysis and other related professional services in support of critical infrastructure project proposals. Eligible infrastructure projects must conform with eligibility requirements of the Michigan Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF). ADMINISTRATION: An Ad Hoc Oversight Committee consisting of two (2) appointees of the Chairperson of the Board of Commissioners, one (1) appointee of the Minority Caucus Chairperson of the Board of Commissioners and two (2) appointees of the County Executive shall serve as administrator of the grant program. Alternate members may be selected to serve in the absence of an appointee. ELIGIBILITY: Recipients Municipal governments within the boundaries of Oakland County. Section 1. General Plonnina Assistance Program funding shall be available to provide a grant opportunity to Oakland County local governments for eligible infrastructure project planning, design, analysis and other related services. Project proposals must be eligible under federal guidelines under the provisions the Drinking Water State Revolving Fund (DWSRF) or the Clean Water State Revolving Fund (CWSRF), detailed below: DWSRF • Treatment: Projects to install or upgrade facilities to improve drinking water quality to comply with SDWA regulations • Transmission and distribution: Rehabilitation, replacement, or installation of pipes to improve water pressure to safe levels or to prevent contamination caused by leaky or broken pipes • Source: Rehabilitation of wells or development of eligible sources to replace contaminated sources • Storage: Installation or upgrade of finished water storage tanks to prevent microbiological contamination from entering the distribution system • Consolidation: Interconnecting two or more water systems • Creation of new systems: Construct a new system to serve homes with contaminated individual wells or consolidate existing systems into a new regional water system CWSRF • Construction of publicly owned treatment works Assistance for construction of publicly owned treatment works (as defined in CWA section 212). ATTACHMENT A • Nonpoint source Assistance for the implementation a state nonpoint source pollution management program, established under CWA section 319. • National estuary program projects Assistance for the development and implementation of a conservation and management plan under CWA section 320. • Decentralized wastewater treatment systems Assistance for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage. • Stormwater Assistance for measures to manage, reduce; treat, or recapture stormwater or subsurface drainage water. • Water conservation, efficiency, and reuse Assistance for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse. • Watershed pilot projects , Assistance for the development and implementation of watershed projects meeting the criteria in CWA section 122. • Energy efficiency Assistance for measures to reduce the energy consumption needs for publicly owned treatment works. • Water reuse Assistance for reusing or recycling wastewater, stormwater, or subsurface drainage water. • Security measures at publicly owned treatment works Assistance for measures to increase the security of publicly owned treatment works. Project proposals must also meet the requirements of the Department of Treasury Interim Rule for the use Coronavirus State and Local Fiscal Recovery Funds. Interpretation and evaluation of individual proposals will be assessed by Guidehouse, Oakland County's ARPA compliance consultant. Grant Applications The program Oversight Committee shall approve a standard grant application form, procedures and schedule. An initial grant application period shall be open for a minimum of 30 days. The Oversight Committee may open to the grant application period for a second round if a balance of unobligated funds exists following the first round of grant awards. Grant Funding Distribution and Matching Requirements The maximum grant distribution per municipality shall be $100,000. The Oversight Committee may recommend to the Board of Commissioners a deviation from this rule for priority projects. A grantee shall be required to provide a minimum one-to-one funding match for Oakland County's investment in ATTACHMENT A the project. The Oversight Committee may recommend a waiver of this match requirement for project proposals planned to primarily serve residents of in a designated Qualified Census Tract as defined in the ARPA statute/Treasury Guidelines. Priority will be given to project proposals that address: • The most serious risk to public health • Compliance with federal and state regulations • Assistance for systems experiencing the greatest affordability needs The program Oversight Committee shall review submitted grant applications materials submitted and forward recommendations for grant awards to the Board of Commissioners. The Oversight Committee shall utilize standards consistent with the CWSRF and DWSRF program policies to develop their recommendations. Grant awards shall be approved following the adoption of a resolution of the Board of Commissioners authorizing the release of funding and required interlocal agreement. Grant funding shall be released to the grantee upon verification of receipt of a fully executed interlocal agreement. Section 2. —Assistance for Dis-advantaaed Communities for Administration of CWSRF/DWSRF funded lead service line replacement Program funding shall be available to provide grants to Oakland County local governments for administrative, legal and logistical support associated acceptance of DWSRF/CWSRF funding for lead/copper service line replacement and for lead service line verification. Eligible projects must primarily provide services to residents of Qualified Census Tracks (QCT) as defined US Dept of Treasury guidelines. Project funding may not be utilized for federal or state grant matching requirements, or any other purpose inconsistent with federal or state law or regulation. Grant Applications The program Oversight Committee shall approve a standard grant application form, procedures and schedule. Grant Funding Distribution and Matching Requirements The maximum grant distribution per municipality shall be $500,000. No matching funds shall be required. The program Oversight Committee shall review submitted grant applications materials submitted and forward recommendations for grant awards to the Board of Commissioners. The Oversight Committee shall utilize standards consistent with the CWSRF and DWSRF program policies to develop their recommendations. Grant awards shall be approved following the adoption of a resolution of the Board of Commissioners authorizing the release of funding and required interlocal agreement. Grant funding shall be released to the grantee upon verification of receipt of a fully executed interlocal agreement. REPORTING ATTACHMENT A The Oversight Committee shall prepare a report detailing the expenditures and activities of the grant program following the distribution of grant funding. The report shall be forwarded to the Economic Development and Infrastructure Committee as a communication item. i BOARD OF COMMISSIONERS September 2, 2021 MISCELLANEOUS RESOLUTION #R-2021-303 Sponsored By: Michael Spisz IN RE: MR #21303 — Assignment of American Rescue Plan Act — Local Fiscal Recovery Funds for a Matching Grant Program to Local Cities, Villages, and Townships to Plan for Critical Infrastructure Projects Chairperson and Members of the Board: WHEREAS the American Rescue Plan Act, 2021 (Pub. L. No. 117-2, §9901 . Sec. 602) authorized the use of funds under the Coronavirus State and Local Fiscal Recovery Funds to make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS pursuant to MR#21212, the Oakland County Board of Commissioners approved the acceptance of $244,270,949 in Local Fiscal Recovery Funds from the American Rescue Plan Act and has received the first of two expected disbursements in the amount of $122 ,135,47 4.50; and WHEREAS an assignment of $2,000,000 of Oakland County's American Rescue Plan Act - Local Fiscal Recovery Funds can be targeted for the investment in local cities, villages and townships (CVT) critical infrastructure projects; and WHEREAS the immediate need to support local CVTs through a matching grant program for project planning, and pre -project engineering, and other professional services pertaining to CVT's water and sewer infrastructure projects will serve to expedite Oakland County's'economic recovery. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes a $2,000,000 assignment of the Special Revenue Fund #21285 titled ARP -Local Fiscal Recovery Fund to offer grants to Oakland County cities, villages, and townships for the development of local water and sewer infrastructure Projects. BE IT FURTHER RESOLVED that appropriations of the assigned program funding shall be contingent upon Board of Commissioners approval through a subsequent Miscellaneous Resolution. BE IT FURTHER RESOLVED that approval of appropriations of the American Rescue Plan Act - Local Fiscal Recover Funds for programs and services by Oakland County shall not obligate a commitment of the General Fund, unless authorized by action of the Board of Commissioners. BE IT FURTHER RESOLVED that the programs shall be administered in conformance with federal, state, and local legal requirements, Oakland County policies and procedures, and Department of Treasury guidelines for the eligible expenditure of American Rescue Plan Act - Local Fiscal Recovery Funds. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Michael Spisz. Hilarie Chambers, Deputy County Executive II Lisa Brown, County Clerk i Register of Deeds COMMITTEE TRACKING 2021-07-22 Full Board - introduction 2021-08-11 Economic Development & Infrastructure - recommend to Board 2021-09-02 Dull Board VOTE TRACKING Date: September 15, 2021 Date: September 17, 2021 Motioned by Commissioner William Miller Ili seconded by Commissioner Michael Spisz to adopt as amended the attached Resolution: MR #21303 — Assignment of American Rescue Plan Act — Local Fiscal Recovery Funds for a Matching Grant Program to Local. Cities, Villages, and Townships to Plan for Critical Infrastructure Projects. Yes: David Woodward, Michael Gi.ngell, Robert Hoffman, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Marcia Gershenson, William Miller 111, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Gary R. McGillivray, Janet Jackson, Penny Luebs (19) No: None (0) Abstain: None (0) Absent: Commissioner Kowall, Commissioner Moss (2) The Motion Passed. ATTACHMENTS I. Spisz Amendment STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 2, 2021, with the original record thereofnow remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, September 2, 2021. Lisa .Brawn, Oakland Counly Clerk / Register of Deeds AMENDMENT — BOC MEETING 9/2/2021 IN RE: MR #21303 - BOARD OF COMMISSIONERS — ASSIGNMENT OF AMERICAN RESCUE PLAN ACT— LOCAL FISCAL RECOVERY FUNDS FORA MATCHING GRANT PROGRAM TO LOCAL CITIES, VILLAGES, AND TOWNSHIPS TO PLAN FOR CRITICAL INFRASTRUCTURE PROJECTS Delete and insert the following language in the 31rd WHEREAS: WHEREAS an assignment of $2,999,090 $2,400,000 of Oakland County`s American Rescue Plan Act - Local Fiscal Recovery Funds can be targeted for the invest. epA a matching grant program to invest in local cities, villages and townships (CVT) Clean Water State Revolving Fund (CWSRF) andlor Drinking Water State Revolving Fund (DWSRF) eligible water and sewer critical infrastructure projects; and Delete and insert the following language in the 4tn WHEREAS: WHEREAS the immediate need to support local CVTs through a matching grant program for project planning, and pre -project engineering, legalladministration and other professional services pertaining to CVT's Clean Water State Revolving Fund (CWSRF) and/or Drinking Water State Revolving Fund (DWSRF) eligible water and sewer infrastructure projects will serve to expedite Oakland County's economic recovery. Delete and insert the following language in the NOW THEREFORE BE IT RESOLVED: NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes a $2;889-099 $2,400,000 assignment of the Special Revenue Fund #21285 titled ARP -Local Fiscal Recovery Fund to offer grants to Oakland County cities, villages, and townships for the development Af Ingal project planning, pre -project engineering, legalladministrative support and other professional services pertaining to CVT's Clean Water State Revolving Fund (CWSRF) andlor Drinking Water State Revolving Fund (DWSRF) eligible water and sewer infrastructure projects. Grant eligibility shall include unfunded local government legalladministrative costs associated with the acceptance of CWSRF or DWSRF funding. 4� ,A - Ja '1 COUNTY MICHIGAN BOARD OF COMMISSIONERS AGENDA ITEM: Resolution Local Government Critical Infrastructure Planning Grant Program 21- 382 COMMITTEE MEETING: Economic Development and Infrastructure Committee DATE: Wednesday, October 6, 2021 9:30 AM - Click to View Aqenda ITEM SUMMARY SHEET m Board of Commissioners Michael Spisz None. Committee Action: RECOMMENDATION to the Board of Commissioners. The resolution is requesting the Board's approval to appropriate $2,400,000 of American Rescue Plan Act Local Fiscal Recovery Fund dollars accepted by the County. In addition, the resolution will approve the Grant Administration Plan for the Local Government Critical Infrastructure Planning Grant Program. On September 2, 2021, the BOC approved (M.R.#21303) assigning $2,400,000 in ARPA LFRF funding for a grant program to provide Oakland County local governments with financial assistance for costs associated with the planning and design of critical ARPA eligible sewer and water infrastructure projects . This Grant Administration Plan will appropriate the ARPA funds to provide the the financial assistance to Oakland County local governments for project planning, engineering, analysis and other related professional services in support of critical infrastructure project proposals based upon the eligibility requirements of the Michigan Clean Water State Revolving Fund (CWSRF) or the Drinking Water State Revolving 'Fund (DWSRF). The resolution also calls upon the creation of an Ad Hoc Oversight Committee to serve as the administrator of the grant program. Committee structure will consist of two (2) appointees of the Chairperson of the Board of Commissioners, one (1) appointee of the Minority Caucus Chairperson of the Board of Commissioners and two (2) appointees of the County Executive. A FY 2022 budget amendment is required with this resolution. Contact: Commissioner Spisz spiszm@oakgov.com BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Connie Srogi, Policy Analyst at 248, 858.4078 (office) or sroaic anoakpov. com, or the department contact persons listed for additional information. Michael Spisz, Commissioner spiszm@oakgov.com Aaron Snover, Aaron Snover, Board of Commissioners Michael Andrews, Board of Commissioners William Miller 111, Board of Commissioners , Created/Initiated - 10/1/2021 Approved - 10/1/2021 Approved - 10/1/2021 Final Approval - 10/1/2021 2021-09-29 Full Board - referred to Economic Development & Infrastructure 2021-10-06 Economic Development & Infrastructure - recommend and forward to Finance 2021-10-06 Finance - recommend to Board 2021-10-13 Full Board "M4 W�•� 1 GRANT ADMINISTRATION PLANCVTedited COU N T Y MICHIGAN BOARD OF COMMISSIONERS October 6, 2021 MISCELLANEOUS RESOLUTION #21-382 Sponsored By: Michael Spisz Board of Commissioners - Resolution Local Government Critical Infrastructure Planning Grant Program Chairperson and Members of the Board: WHEREAS the United States Treasury allocated Oakland County $244,270,949 of Local Fiscal Recovery Funds (LFRF) established under the American Rescue Plan Act (ARPA) of 2021; and WHEREAS under the initial guidance of the Interim Final Rule, the County may use these funds at their discretion to support eligible investments in public health expenditures, address negative economic impacts caused by the public health emergency; replace lost public sector revenue; provide premium pay to essential workers; and invest in water, sewer, and broadband infrastructure; and WHEREAS the Board of Commissioners has approved MR #21303, assigning $2,400,000 in ARPA LFRF funding for a grant program to provide Oakland County local governments with financial assistance for costs associated with the planning and design of critical ARPA eligible sewer and water infrastructure projects; and WHEREAS ARPA LFRF may be used for pre -project development costs eligible under the Drinking Water and Clean Water State Revolving Funds programs; and WHEREAS partnering with local governments to conduct the critical preliminary planning and analysis necessary to access state and federal funding for critical infrastructure improvements is a wise investment of Oakland County's ARPA funds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Administration Plan for the Local Government Critical Infrastructure Planning Grant Program (Attachment A). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the creation of the Local Government Critical Infrastructure Planning Grant Program Oversight Committee, consisting of • Two (2) members of the majority parry of the Commission and alternates, • One (1) member of the minority parry of the Commission and alternate, • Two (2) appointees of the County Executive and alternates. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the appropriation of $2,400,000 to implement Local Government Critical Infrastructure Planning Grant as provided in the Grant Administration Plan. Release of grant funding shall require approval by the Board of Commissioners by a separate resolution. BE IT FURTHER RESOLVED that approval of appropriations of American Rescue Plan Act — Local Fiscal Recovery Funds for programs and services by Oakland County shall not obligate a commitment of the General Fund, unless authorized by action of the Board of Commissioners. BE IT FURTHER RESOLVED that the budget shall be amended as follows: Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Michael Spisz. COMMITTEE TRACKING 2021-09-29 Full Board - referred to Economic Development & Infrastructure 2021-10-06 Economic Development & Infrastructure - recommend and forward to Finance 2021-10-06 Finance - recommend to Board 2021-10-13 Full Board VOTE TRACKING Economic Development and Infrastructure Committee Motioned by: Commissioner Michael Spisz Seconded by: Commissioner Philip Weipert Yes: Michael Spisz, Philip Weipert, Gwen Markham, Yolanda Smith Charles, Charles Cavell (5) No: None (0) Abstain: None (0) Absent: William Miller III (1) Passed ATTACHMENTS 1. GRANT ADMINISTRATION PLANCVTedited ATTACHMENT A GRANT ADMINISTRATION PLAN Local Government Critical Infrastructure Planning Grant Program PURPOSE: Provide financial assistance to Oakland County local governments for project planning, engineering, analysis and other related professional services in support of critical infrastructure project proposals. Eligible infrastructure projects must conform with eligibility requirements of the Michigan Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF). ADMINISTRATION: An Ad Hoc Oversight Committee consisting of two (2) appointees of the Chairperson of the Board of Commissioners, one (1) appointee of the Minority Caucus Chairperson of the Board of Commissioners and two (2) appointees of the County Executive shall serve as administrator of the grant program. Alternate members may be selected to serve in the absence of an appointee. ELIGIBILITY: Recipients Municipal governments within the boundaries of Oakland County. Section 1. General Plannina Assistance Program funding shall be available to provide a grant opportunity to Oakland County local governments for eligible infrastructure project planning, design, analysis and other related services. Project proposals must be eligible under federal guidelines under the provisions the Drinking Water State Revolving Fund (DWSRF) or the Clean Water State Revolving Fund (CWSRF), detailed below: DWSRF • Treatment: Projects to install or upgrade facilities to improve drinking water quality to comply with SDWA regulations • Transmission and distribution: Rehabilitation, replacement, or installation of pipes to improve water pressure to safe levels or to prevent contamination caused by leaky or broken pipes • Source: Rehabilitation of wells or development of eligible sources to replace contaminated sources • Storage: Installation or upgrade of finished water storage tanks to prevent microbiological contamination from entering the distribution system • Consolidation: Interconnecting two or more water systems • Creation of new systems: Construct a new system to serve homes with contaminated individual wells or consolidate existing systems into anew regional water system CWSRF • Construction of publicly owned treatment works Assistance for construction of publicly owned treatment works (as defined in CWA section 212). ATTACHMENT A Nonpoint source Assistance for the implementation a state nonpoint source pollution management program, established under CWA section 319. • National estuary program projects Assistance for the development and implementation of a conservation and management plan under CWA section 320. • Decentralized wastewater treatment systems Assistance for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage. • Stormwater Assistance for measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water. • Water conservation, efficiency, and (reuse - Assistance for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse. • Watershed pilot projects Assistance for the development and implementation of watershed projects meeting the criteria in CWA section 122. • Energy efficiency Assistance for measures to reduce the energy consumption needs for publicly owned treatment works. • Water reuse Assistance for reusing or recycling wastewater, stormwater, or subsurface drainage water. • Security measures at publicly owned treatment works Assistance for measures to increase the security of publicly owned treatment works. Project proposals must also meet the requirements of the Department of Treasury Interim Rule for the use Coronavirus State and Local Fiscal Recovery Funds. Interpretation and evaluation of individual proposals will be assessed by Guidehouse, Oakland County's ARPA compliance consultant. Grant Applications The program Oversight Committee shall approve a standard grant application form, procedures and schedule. An initial grant application period shall be open for a minimum of 30 days. The Oversight Committee may open to the grant application period for a second round if a balance of unobligated funds exists following the first round of grant awards. Grant Funding Distribution and Matching Requirements The maximum grant distribution per municipality shall be $100,000. The Oversight Committee may recommend to the Board of Commissioners a deviation from this rule for priority projects. A grantee shall be required to provide a minimum one-to-one funding match for Oakland County's investment in ATTACHMENT A the project. The Oversight Committee may recommend a waiver of this match requirement for project proposals planned to primarily serve residents of in a designated Qualified Census Tract as defined in the ARPA statute/Treasury Guidelines. Priority will be given to project proposals that address: • The most serious risk to public health • Compliance with federal and state regulations • Assistance for systems experiencing the greatest affordability needs The program Oversight Committee shall review submitted grant applications materials submitted and forward recommendations for grant awards to the Board of Commissioners. The Oversight Committee shall utilize standards consistent with the CWSRF and DWSRF program policies to develop their recommendations. Grant awards shall be approved following the adoption of a resolution of the Board of Commissioners authorizing the release of funding and required interlocal agreement. Grant funding shall be released to the grantee upon verification of receipt of a fully executed interlocal agreement. Section 2. —Assistance for Dis-advantaaed Communities for Administration of CWSRF/DWSRF funded lead service line replacement Program funding shall be available to provide grants to Oakland County local governments for administrative, legal and logistical support associated acceptance of DWSRF/CWSRF funding for lead/copper service line replacement and for lead service line verification. Eligible projects must primarily provide services to residents of Qualified Census Tracks (QCT) as defined US Dept of Treasury guidelines. Project funding may not be utilized for federal or state grant matching requirements, or any other purpose inconsistent with federal or state law or regulation. Grant Applications The program Oversight Committee shall approve a standard grant application form, procedures and schedule. Grant Funding Distribution and Matching Requirements The maximum grant distribution per municipality shall be $500,000. No matching funds shall be required. The program Oversight Committee shall review submitted grant applications materials submitted and forward recommendations for grant awards to the Board of Commissioners. The Oversight Committee shall utilize standards consistent with the CWSRF and DWSRF program policies to develop their recommendations. Grant awards shall be approved following the adoption of a resolution of the Board of Commissioners authorizing the release of funding and required interlocal agreement. Grant funding shall be released to the grantee upon verification of receipt of a fully executed interlocal agreement. REPORTING ATTACHMENT A The Oversight Committee shall prepare a report detailing the expenditures and activities of the grant program following the distribution of grant funding. The report shall be forwarded to the Economic Development and Infrastructure Committee as a communication item. ATTACHMENT A Local Government Critical Infrastructure Planning Grant Program Recommended Project List in the Fundable Range Extend Sewer from Genesee 1 Brandon Twp County to Ortonville $ 41,401 $ 20,701 NW Oakland Sanitary Sewer- 2 Groveland Township Genesee Capacity $ 50,361 $ 25,181 NW Oakland Sanitary Sewer- 3 Holly Township Genesee Capacity $ 50,361 $ 25,181 NW Oakland Sanitary Sewer- 4 Village of Ortonville Genesee Capacity $ 41,612 $ 20,806 Water Service Line Verification 5 Clawson and Sewer Planning Activities $ 200,000 $ 100,000 Pontiac Sanitary Sewer Inflow and Infiltration Removal and Sewer, 6 Pontiac* Rehabilitation Project $ 500,000 $ 500,000 Water Service Line Verifications 7 Bloomfield Twpand Sanitary Sewer CCTV for CIP $ 200,000 $ 100,000 Prepare DWSRF and CWSRF Project Plans for Submission to 8 Farmington (City of) EGLE $ 268,000 $ 100,000 Water Service Line Verification 9 Keego Harbor g and Sewer Planning Activities $ 200,000 $ 100,000 Kensington Water Main 10 Pleasant Ridge Replacement $ 90,710 $ 45,355 Water, Sanitary, and Storm 11 Beverly Hills Planning Project $ 200,000 $ 100,000 Water, Sanitary, and Storm 12 Ferndale Planning Project $ 200,000 $ 100,000 Hazel Park Water System 13 Hazel Park* Rehabilitation $ 100,000 $ 100,000 14 Orchard Lake Village Infrastructure Planning Grant $ 100,000 $ 50,000 15 Rochester East Side Water Main Loops $ 54,000 $ 27,000 Bogie Lake to Union Lake Rd. 16 White Lake Twp Water Main $ 381,700 I $ 100,000 17 Berkley NA $ 200,000 $ 100,000 Parview Water Main 18 Independence Twp PFAsMitigation SSModeling $ 200,000 $ 100,000 19 Oxford M-24/Brabb-Dewey Sewer Ext , $ 316:700 $ 100,000 20 Huntington Woods Water System Planning project $ 200,000 $ 100,000 21 Leonard** Leonard Sanitary Sewer System $ 11,500 $ 11,500 TOTAL) $ 3,606,345 $ 1,925,723 *Disadvantaged census tracks will benefit from the project **Recommend the full grant amount Form DC-001 FROM: Carrie Cox, P.E., Chief Engineer Steven Korth, P.E., Chief Manager, SUBJECT: Recommended Project Funding DATE: May 9, 2022 On October 13, 2021, the Board of Commissioners adopted Miscellaneous Resolution #21382 to appropriate $2.4 million of American Rescue Plan Act Local Fiscal Recovery Fund dollars toward the Local Government Critical Infrastructure Planning Grant. On December 8, 2021, the Local Government Critical Infrastructure Grant Oversite Committee allocated $500,000 to Royal Oak Township. The remaining $1.9 million were to be allocated based on the five desired outcomes: 1. Protect Public Health 2. Preserve Natural Resources and a Healthy Environment 3. Maintain Reliable, High -Quality Service 4. Assure Value for Investment 5. Contribute to Economic Prosperity Grant applications were accepted through March 31, 2022. Thirty-eight applications were received requesting more than $3.3 million in grant funding. The applications were reviewed and ranked in accordance with the established scoring criteria. It is important to note that all of the projects have some impact to the community's' improvement in at least three of the desired outcome areas. Therefore, all the projects submitted would provide value to the local community and to Oakland County. Within the approved $1.9 million allocated to'the grant, there were 21 grant applications that rank highest based on the desired outcomes scoring matrix for a total grant award of $1,925,723. (Attachment A). There are 17 applications that do not fall in the fundable range for an additional grant request of $1.46M (Attachment B). While all projects submitted provide value to Oakland County and the local community, there are six more projects that ranked very close to those that fell into the range of funding availability. (Attachment C). Some of these projects have been needed for many years but the communities have been unable to secure funding. These six projects have a total grant request of $556,000 and are put forth for the committee's consideration. OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11/05/08 ATTACHMENT A Local Government Critical Infrastructure Planning Grant Program Remaining Grant Requests Bloomfield Hills Verification of Water Service Lines $ 200,000 $ 100,000 Bingham Farms Water Sanitary and Storm Planning Project $ 200,000 $ 100,000 Birmingham Water and Sewer System Infrastructure Planning $ 200,000 $ 100,000 Sanitary & Storm Master Plan Updates and Troy Detention Basin Inventory Update $ 200,000 $ 100,000 Water sService Line Verification and Asset Southfield Managmeent Program $ 200,000 $ 100,000 Sewer Lift Station Pumping Facility #22 West Bloomfield Improvements $ 112,000 $ 56,000 WWTP Biosolids PFAS Removal and Ultraviolet Wixom Treatment System Upgrade $ 160,620 $ 80,310 Wastewater System Pipeline Condition Assessment, Rochester Hills Documentation, and Inspection Results $ 2,676,500 $ 100,000 Alternate Water Supply, Water Service Line South Lyon Investigation and Sanitary Sewer CCTV $ 200,000 $ 100,000 Sylvan Lake Water Service Line Verification I$ 163,000 $ 81,500 Lyon Area Wide New Hudson Drain Improvements $ 240,390 $ 100,000 Eleven Mile Parking Lots and Alley Improvement Oak Park Project - Water Tower Social District $ 2,254,567 $ 100,000 SOCWA Webster Pump Station Tank Separation Project $ 184,040 $ 92,020 Milford Preparation of DWSRF Project Plan $ 61,000 $ 30,500 2023 Water Main Improvement Project (Phases 3-4) Lake Orion and Lead Service Replacements $ 256,280 $ 100,000 Adjustment for Previously Awarded Grants $ 25,723 TOTAL $ 7,308,397 $ 1,366,053 Form DC-001 OAKLAND COUNTY MEMORANDUM WATER RESOURCES COMMISSIONER TO: William Miller, Chairperson Economic Development and Infrastructure Committee FROM: Carrie Cox, P.E., Chief Engineer Steven Korth, P.E., Chief Manager SUBJECT: Funding for Additional Critical Infrastructure Planning Grant Program Project Applications X• r A review of applications for the Critical Infrastructure Planning Grant Program resulted in 36 qualified projects. After ranking the applications in accordance with established scoring criteria, 21 projects were selected for the $1.91VI in available funding allocated for this program. It is important to recognize that the remaining 15 qualified project applications provide value to the local community and to Oakland County. For these projects to be included in the program, $1,366,053 in additional funding would be needed. (Please see Attachment A.) Of the 38 applications received, two applications were discarded because the program limits only one application per community. With the importance of planning for improvements to critical infrastructure in Oakland County, it is our recommendation that funding for this program be expanded to include grants to each of the communities that applied for this program. Recommended Action: Award grant funding for 15 additional projects that meet the scoring criteria for the Critical Infrastructure Planning Grant Program in the amount of $1,366,053 as listed on Attachment A. OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11/05/08 AGREEMENTD DISTRIBUTION BETWEEN OAKLAND COUNTY AND Body][Insert Public This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the [Insert Public Body] ("Public Body") [Insert Public Body Address]. County and Public Body may be referred to individually as a "Parry" and jointly as "Parties". PURPOSE OF AGREEMENT. On March 11, 2021, the President of the United States signed the American Rescue Plan Act of 2021 ("ARPA") into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add section 603, which establishes the Coronavirus Local Fiscal Recovery Fund. Oakland County has been allocated $244,270,949 in Local Fiscal Recovery Fund ("LFRF") dollars under ARPA. The United States Department of Treasury has issued an interim final rule, and other guidance for qualified uses of LFRF. Those qualified uses include funding for water and sewer infrastructure projects that align with projects that would be eligible to receive financial assistance through the Environmental Protection Agency's Clean Water State Revolving Fund (CWSRF) or the Drinking Water State Revolving Fund (DWSRF). County has determined that the distribution of funds in accordance with this Agreement is a qualified use of LFRF funds pursuant to the interim rule and other applicable Department of Treasury guidance. The Oakland County Board of Commissioners has approved Miscellaneous Resolutions #21-303 and #21-382 assigning $2,400,000 in ARPA LFRF funding for a grant program to provide Oakland County local governments with financial assistance for costs associated with the planning and design of critical ARPA eligible sewer and water infrastructure projects and a grant administration plan. 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 LFRF funds to Public Body. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 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: a. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. b. 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. Page 1 of 11 C. 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. d. Dav means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. e. Public Bodv means the [Insert Public Body] 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. f. Public Bodv Emvlovee 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 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. 2. GRANT. Subject to the terms and condition of this Agreement, and in reliance upon the Public Body's affirmations set forth below, the County agrees to make, and the Public Body agrees to accept, the grant funds. a. County will distribute in grant funds to Public Body for the project scope it included in its application to the County, which is attached and incorporated into this Agreement as Exhibit A. [County will distribute in grant funds to the Oakland County Water Resources Commissioner on behalf of Public Body for the project scope it included in its application to the County, which is attached to this Agreement as Exhibit A. The Oakland County Water Resources Commissioner's office ("the WRC") operates and maintains the water/sewer system of Public Body pursuant to a contract between Oakland County and Public Body titled and dated . The WRC is acting on behalf of Public Body to perform the work related to the project for which the grant funds are being distributed.] b. PUBLIC BODY UNIQUE ENTITY IDENTIFIER (OR DUNS NUMBER): C. FEDERAL AWARD IDENTIFICATION NUMBER (FAIN): SLFRP2640 d. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 21.027 e. FEDERAL AWARD DATE: May 28, 2021 f. SUBAWARD PERIOD OF PERFORMANCE START AND END DATE: g. AWARD IS NOT FOR RESEARCH & DEVELOPMENT (R&D): Funds cannot be used for research and development related expenditures. h. INDIRECT COST RATE FOR FEDERAL AWARD: Indirect costs are not eligible for this Agreement. CONTACT PERSON FOR COUNTY/PASS THROUGH ENTITY: Page 2 of 11 j. DEFINED USE OF FUNDS: All grant,funds must be expended in accordance with this Agreement and the guidelines for'ARPA funds. a. Public Body's grant match requirements, if any, are detailed in Exhibit B attached hereto and incorporated as part of this Agreement. b. Public Body shall submit to Oakland County quarterly reporting on the grant funds including: 1. Project progress report including completion of deliverables included in project scope; 2. Accounting of expenses incurred and grant funds expended; and 3. Any other relevant information or records, to be determined by County. Public Body shall submit to Oakland County a final report by the end of the Agreement or within 30 days after final Project completion,,whichever date is sooner, on the grant funds including: 1. Project completion report; 2. Full accounting of its expenditure of grant funds; 3. Certification of its use of grant funds and fulfillment of the terms of the Agreement; and 4. Any other relevant information or records, to be determined by County. d. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. e. Public Body must comply with any other reporting requirements as may be necessary for accepting the grant funding provided for in this Agreement. 4. COUNTY'S RESPONSIBILITIES. a. County shall designate in writing a department, individual, or other entity to oversee the reporting requirements set forth in Section 3 above to ensure timely reporting, accurate accounting, and verification of final certification. a. Public Body affirms that any and all representations made to County in connection with its application and this grant were accurate, truthful and complete and remain so. Public Body acknowledges that all representations and information provided have been relied on by the County to provide funding under this Agreement. Public Body shall promptly notify County, in writing, of the occurrence of any event or any material change in circumstances which would make any Public Body representation or information untrue or incorrect or otherwise impair Public Body's ability to fulfill its obligations under this Agreement. b. Public Body will comply with any federal, state, or local public health orders or mitigation recommendations regarding the COVID-19 pandemic which are in effect as of the date this Agreement is signed by both Parties. c. Public Body may not use grant funds for expenses for which the Public Body has received any other federal funds or emergency COVID-19 supplemental funding, whether it be state, federal, or private in nature, for the same expense. No portion of grant funds may be used for the purpose of obtaining additional Federal funds under any other law of the United States, except if authorized by law. Public Body shall promptly notify County if it receives insurance proceeds or other Page 3 of 11 disaster assistance (public or private) that duplicates the funding received under this Agreement. Grant funds may not be used to cover expenses that were reimbursed by insurance. d. Public Body shall not carry out any activities under this Agreement that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and in accordance with Section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442), which amended Section 312 of the Robert T, Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). If the Public Body receives duplicate benefits from another source for projects related to this disaster, the Public Body must refund the benefits provided by the County to the County. Duplication of benefits occurs when Federal financial assistance is provided to a person or entity through a program to address losses resulting from a Federally -declared emergency or disaster, and the person or entity has received (or would receive, by acting reasonably to obtain available assistance) financial assistance for the same costs from any other source (including insurance), and the total amount received exceeds the total need for those costs. e. Public Body shall use all grant funds it receives under this Agreement by . Any grant funds not used by that date must be returned to County. f. Public Body understands that the grant funds it receives under this Agreement are a subaward of County's LFRF funds, and that Coutity is required to manage and monitor any subrecipient of LFRF funds. Therefore, Public Body agrees to comply with any subrecipient monitoring requirements established by County or by Federal law. 6. REPAYMENT REMEDIES. Public Body is subject to repayment to the County of an amount equal to the grant funds received by Public Body in the event Public Body has made material misrepresentations to the County in its application, voluntary bankruptcy or insolvency proceeding are commenced against the Public Body and not set aside within sixty (60) days, or the Public Body fails to otherwise comply with the requirements of this Agreement. In the event County later determines the information Public Body provided in conjunction with this Agreement, or that Public Body was ineligible for the grant funds, or that Public Body's use of the grant funds following receipt was contrary to this Agreement, Public Body, agrees to repay the grant funds to County in full. County further retains all rights and remedies allowed in law or equity, including seeking payment of its reasonable costs and expenses incurred enforcing its rights and remedies. 7. TAX LIABILITY. County and Public Body agree that to the extent that any part of the aforementioned funds are deemed to be taxable, that Public Body agrees to be fully responsible for the payment of any taxes, including withholding payments, social security, or other funds which are required to be withheld. Public Body agrees to provide. County with all information and cooperation necessary to execute a completed 1099-G form; which County will file with the United States Internal Revenue Service. Public Body acknowledges that Public Body will consult with a tax professional regarding the tax implications, if any, of the grant funds, and/or hereby waives the option to do so. Public Body further agrees to indemnify and hold County harmless for the payment of any tax or withholding payments, including any penalty assessed it may owe under this Agreement. 8. CONFLICT OF INTEREST. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.301, et seq. and MCL 15.321, et seq), to avoid any real or perceived conflict of interest, Public Body shall disclose to County the identity of all Public Body Employees and all relatives of Public Body Employees who: a) are employed by the County or are elected or appointed officials of the County, on Page 4 of 11 the date this Agreement is executed; and b) becomes employed or appointed by the County or becomes an elected official of County during the tetm of the Agreement. 9. ACCESS TO RECORDS AND AUDIT. Payments from ARPA funds are subject to 2 C.F.R. 200.303 regarding internal controls, 2 C.F.R. 200.331-333 regarding subrecipient monitoring and management, and 2 C.F.R. Part 200 Subpart F regarding audit requirements. Where applicable, these requirements are considered legally binding and enforceable under this Agreement. Oakland County reserves the right to use any legal remedy at its disposal including, but not limited to, disallowance of costs, withholding of funds or recoupment as may be necessary to satisfy requirements. Subawards or subcontracts, if any, shall contain a provision making them subject to all of the provisions in this Agreement. Public Body shall maintain all records pertinent to the Agreement and any amendments, including backup copies, for a period of five (5) years. The records shall be kept in accordance with generally accepted accounting practices, utilize adequate internal controls and shall maintain necessary documentation for all costs incurred, including documentation and an inventory of all equipment purchased with grant funds. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). In addition to County, the U.S. Department of Treasury, or their authorized representatives, shall be provided the right to audit all records pertaining to the expenditure and use of grant funds. All records with respect to any matters covered by this Agreement shall be made available to County, the Federal awarding agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts, of all -relevant data. Any deficiencies noted in audit reports must be fully cleared by Public Body within 30 days after receipt by the Public Body. Failure of Public Body to comply with the audit requirements will constitute a violation of this Agreement. Fund payments are considered "other federal financial assistance" under Title 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards ("Uniform Guidance") and are subject to the Single Audit. Act Amendments of 1996 (31 U.S.C. 7501-7507 or program specific audit pursuant to 2 C.F.R. 200.501(a) when Public Body spends $750,000 or more in federal awards during their fiscal year. Fund payments are subject to 2 C.F.R. 200.303 regarding internal controls. Subrecipient must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the Subrecipient is managing the award in compliance with Federal statutes, regulations, and the terms and conditions of the award. Fund payments are subject to 2 C.F.R. 200.330 through 200.332 regarding Public Body monitoring and management. Fund payments are subject to Subpart F regarding audit requirements. Failure of Public Body to comply with the audit requirements will constitute a violation of this Agreement. Public Body may be required to submit a copy of that audit to the County in accordance with the Uniform Guidance. 10. COMPLIANCE WITH LAWS. Public Body shall comply with all federal, state, and local laws, statutes, ordinances, regulations, and all requirements applicable to its activities under the Agreement and grant. This includes the following: Page 5 of 11 a. Public Body must comply with 2 C.F.R. 200.303(e) and take reasonable measures to safeguard protected personally identifiable information, as defined in 2 C.F.R. 200.82, and other information County designates as sensitive or the Public Body considers sensitive consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. b. Public Body must comply with 2 C.F.R. 200.322 if it is passing through grant funds/issuing subawards to other entities. Public Body must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements. Public Body will not pass -through grant funds to an entity listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.�zov. d. Public Body must register at sam.gov. e. Public Body must comply with Title VI of the Civil Rights Act of 1964, and any implementing regulations, which prohibits entities receiving Federal financial assistance from excluding from a program or activity, denying benefits or services, or otherwise discriminating against a person on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity). All applicable U.S. Department of Treasury Title VI regulations are incorporated into this Agreement and made a part of this Agreement. 11. DURATION OF INTERLOCAL AGREEMENT. a. 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. b. This Agreement shall remain in effect until , 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 this Agreement after the termination of this Agreement. 12. ASSURANCES. a. Responsibility for Claims. Each Party shall be responsible for any Claims made against that Party by a third party, and for the acts of its employees arising under or related to this Agreement. b. Responsibility for Attornev Fees' and Costs. Except as provided for in Section 14, in any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees. C. 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. d. Costs. Fines, and Fees for Noncompliance. Public Body shall be solely responsible for all costs, fines and fees associated with any misuse of the the grant funds and/or for noncompliance with this Agreement by Pubic Body Employees. Page 6 of 11 e. 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. f. 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 Parry have legal authority to sign this Agreement and bind the Parties to'the terms and conditions contained herein. 13. TERMINATION OR CANCELLATION OF A(''REEMENT. a. County may terminate or cancel this Agreement at any time if it determines that Public Body has expended the grant funds in violation of ARPA requirements or this Agreement. If County terminates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of ARPA requirements or this Agreement. County may utilize the provisions in Section 14 to recoup the amount of money owed to County by Public Body. b. Public Body may terminate or cancel this Agreement at any time. If Public Body terminates or cancels this Agreement, it shall immediately return to County any and all grant funds it has already received. C. If either Party terminates or cancels this Agreement they shall provide written notice to the other Parry in the manner described in Section 21. 14. SETOFF OR RETENTION OF FUNDS a. 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. b. 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. 15. DELEGATION OR ASSIGNMENT,. Neither Parry shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 16. 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. Page 7of11 17. 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. No waiver by either Parry shall subsequently affect its right to require strict performance of this Agreement. 18. 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 terms, conditions, and provisions of this Agreement shall remain in full force. 19. 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. 20. 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. 21. 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. a. 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. b. If Notice is sent to Public Body, it shall be addressed to: [insert Public Body Address] 22. 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. 23. SURVIVAL OF TERMS. The Parties understand and agree that all terms and conditions of this Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. Page 8 of 11 a. This Agreement represents the entire agreement and understanding between the Parties regarding the grant funds, and supersedes all other oral or written agreements between the Parties. b. 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, [insert name and title of public body official] hereby acknowledges that he/she has been authorized by a resolution of the [insert public body], 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: [insert name of official, title, and name of public body] WITNESSED: [insert name, title] 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: DATE: David Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Oakland County Board of Commissioners County of Oakland Page 9 of 11 [Type text] ♦5 b i [Type text]