R-1889 - 07/14/2020 - IGA AGREEMENT - Resolutions Supporting DocumentsW 9 DUPAGE COUNTY BOARD
h c
DUPAGE ,
June 16, 2020
Dear Village Managers,
District 1
Donald Puchalski Enclosed please find a copy of your municipality's signed Intergovernmental Agreement that
Ashley
Sam Tornat
was adopted by the County Board on July
14th.
District 2 Once your Village Board has approved this document, please have your Mayor and Village
Elizabeth •• Clerk sign and return this original document to my attention.
NoonanPeter
DiCianni
Sean
Many thanks,
District 3
Greg Hart
Brian Krajewski
Julie Renehan Danna Mundall
County Board Office
District 4 421 N. County Farm Road
Grant •ff
Wheaton, IL 60187
Tim Elliott
Mary Ozog
District 5
Sadia Covert
Dawn DeSart
James Healy
District 6
Robert
RutledgeSheila
James Zay
421 N. County Farm Road. Wheaton, Illinois 60187 630)407-6023 • www.dupageco.org
Resolution
FI-R-0420-20
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DUPAGE AND
VARIOUS MUNICIPALITIES
FOR THE REIMBURSEMENT OF ELIGIBLE COVID-19
EXPENSES
WHEREAS, the Illinois Constitution and the Intergovernmental Cooperation Act (5
ILCS 220/ et. seq) authorize units of local government, including counties and municipalities,
to contract or otherwise associate among themselves in any manner not prohibited by law and
to jointly exercise any power, privilege or authority conferred upon them by law; and
WHEREAS, Article 7, Section 10 of the Illinois Constitution of 1971 and the Illinois
Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. allow units of public entities to enter
into intergovernmental agreements in the furtherance of their governmental purposes; and
WHEREAS, the County Board of DuPage County (the County) received
approximately one hundred sixty-one million dollars ($161,000,000) from the United States
Government pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES
Act");and
WHEREAS, the CARES ACT provides for payments to local governments navigating
the impact of the COVID-19 outbreak via the Coronavirus Relief Fund; and
WHEREAS, the County, as the jurisdiction responsible for disbursement of funds
under the CARES ACT, finds that it is appropriate to use these funds to defray certain costs
incurred by the municipalities related to the coronavirus emergency; and
WHEREAS, the County of DuPage believes it is necessary to enter into an Agreement
with the following municipalities to govern the reimbursement of COVID-19 related expenses,
WHEREAS, the County of DuPage seeks to enter into agreements with: the Village of
Addison, City of Aurora, Village of Bartlett, Village of Bensenville, Village of Bloomingdale,
Village of Bolingbrook, Village of Burr Ridge, Village of Carol Stream, Village of Clarendon
Hills, City of Darien, Village of Downers Grove, City of Elmhurst, Village of Glendale
Heights, Village of Glen Ellyn, Village of Hanover Park, Village of Hinsdale, Village of
Itasca, Village of Lemont, Village of Lisle, Village of Lombard, City of Naperville, Village of
Oak Brook, City of Oakbrook Terrace, Village of Roselle, City of St. Charles, Village of Villa
Park, City of Warrenville, Village of Wayne, City of West Chicago, Village of Westmont, City
of Wheaton, Village of Willowbrook, Village of Winfield, City of Wood Dale, and Village of
Woodridge, and
WHEREAS, an Agreement has been prepared and attached hereto which outlines
the financial arrangement between the County and the municipalities and the process by
which municipalities may apply for reimbursement.
NOW, THEREFORE, BE IT RESOLVED by the County Board of DuPage County that
the Clerk and Chairman of the Board be hereby directed and authorized to execute the
referenced Agreement with the above referenced municipalities; and
Resolution
FI-R-0420-20
BE IT FURTHER RESOLVED, that the DuPage County Clerk be directed to provide
copies of this Resolution to the municipalities listed above.
Enacted and approved this 14th day of July, 20 t Wheaton, li is.
r
ANIEL J. CRONIN, CHAIRMAN
DU PAGE COUNTY BOARD
Attest:
JEA CZMARE , Cd1JNTY CLERK
AYES 17
NAYS 0
ABSENT 1
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INTERGOVERNMENTAL AGREEEMENT FOR PARTICIPATION IN DUPAGE COUNTY
LOCAL GOVERNMENT COVID-19 REIMBURSEMENT PROGRAM.
THIS AGREEMENT is made and entered into on this 14th day of July,
2020 by and between the County of DuPage, a body politic and
corporate, hereinafter referred to as "COUNTY" and the
municipality of Village of Oak Brook, an unit of municipal
government, hereinafter referred to as "MUNICIPALITY", and
collectively referred to as "the Parties".
RECITALS
WHEREAS, the Illinois Constitution and the Intergovernmental
Cooperation Act (5 ILLS 220/ et. seq) authorize units of local
government, including counties and municipalities, to contract or
otherwise associate among themselves in any manner not prohibited
by law and to jointly exercise any power, privilege or authority
conferred upon them by law; and
WHEREAS, Article 7, Section 10 of the Illinois Constitution
of 1971 and the Illinois Intergovernmental Cooperation Act 5 ILCS
220/1 et seq. allow units of public entities to enter into
intergovernmental agreements in the furtherance of their
governmental purposes; and
WHEREAS, the County of DuPage received approximately one
hundred sixty-one million dollars ($161, 000, 000) from the United
States Government pursuant to the Coronavirus Aid, Relief, and
Economic Security Act ("CARES Act") ; and
WHEREAS, the CARES Act provides for payments to local
governments navigating the impact of the COVID-19 outbreak via the
Coronavirus Relief Fund; and
WHEREAS, the CARES Act provides that payments from the
Coronavirus Relief Fund may only be used to cover expenses which:
1) are necessary expenditures incurred due to the public health
emergency with respect to the Coronavirus Disease 2019 (COVID-19) ;
2) were not accounted for in the budget most recently approved as
of March 27, 2020 (the date of enactment of the CARES Act) for the
local government; and (3) were incurred during the period that
begins on March 1, 2020 and ends on December 30, 2020; and
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WHEREAS, the County of DuPage was eligible to receive payments
under the CARES Act, as it is a unit of local government in excess
of 500, 000 residents : and
WHEREAS, the United States Department of Treasury has issued
guidelines with regards to the authorized use of funds allocated
to local governments under the CARES Act; and
WHEREAS, neither the CARES Act, the United States Department
of Treasury, nor state law, requires that the County disburse any
funds to local municipalities within its geographic boundaries;
and
WHEREAS, under the CARES Act, the County is ultimately
responsible for any expenditures from CARES Act funds; and
WHEREAS, much uncertainty remains regarding future costs the
County and local municipalities will be forced to bear related to
the coronavirus emergency, and
WHEREAS, much uncertainty exists as to the potential for
future allocations of federal or state monies to defray those
future costs, and
WHEREAS, this agreement is intended to promote the most
efficient distribution of resources which have been made available
to the State of Illinois and the County of DuPage to benefit the
citizens of DuPage County, and
WHEREAS, under the CARES Act, should the Office of the
Inspector General determine that the funds were used in a manner
contrary to the intent of the legislature or contrary to the United
States' Department of Treasury guidelines, the CARES ACT provides
that the federal government may recoup the improperly spent funds
from the County; and
WHEREAS, the County, those municipalities within DuPage
County, and their residents, have suffered secondary effects of
the coronavirus emergency, as the State of Illinois has ordered
the closure of non-essential businesses; and
WHEREAS, the County of DuPage, as the jurisdiction
responsible for disbursement of funds under the CARES Act, finds
that it is appropriate to use these funds to defray certain costs
incurred by the Municipality related to the coronavirus emergency;
and
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WHEREAS, the disbursement of funds under the CARES Act to the
Municipality is in the best interests of the County, the
Municipality and their residents .
NOW, THEREFORE, in consideration of the mutual covenants and
Agreements contained herein, the Parties hereby agree as follows :
1. 0 Recitals, Definitions, and Purpose.
1. 1 Recitals Incorporated. The recitals set forth above are
incorporated in this Agreement by reference and made a part
of this Intergovernmental Agreement ("IGA") .
1.2 Definitions.
A. "CARES Act funds" shall refer to funds which have
been allocated to DuPage County under the
Coronavirus Aid, Relief, and Economic Security Act
CARES Act") of which DuPage County is responsible
for the disposition.
B. "Forms" shall refer to forms or application
documents used to seek reimbursement of coronavirus
related expenses under this agreement.
C. "Expenses" shall refer to the cost of tangible
goods and services which (1) were necessary
expenditures incurred due to the public health
emergency with respect to the Coronavirus Disease
2019 (COVID-19) ; (2) were not accounted for in the
budget most recently approved as of March 27, 2020
the date of enactment of the CARES Act) for the
local government; and (3) were incurred during the
period that begins on March 1, 2020 and ends on
December 30, 2020 . Examples of "Tangible Goods"
would include, but are not limited to, personal
protection and medical equipment, sanitation and
disinfectant products, software, laptops and
technology equipment necessary for employees to
telecommute. "Services" as used in this definition
means actions or intangible things which were
performed by individuals who are not municipal
employees . Further, "Expenses" shall include
payroll costs for municipal employees where such
employees time was substantially dedicated to
mitigating the spread or responding to the public
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health emergency and/or who have been reassigned
from their budgeted role to a different function to
substantially support COVID-19 related activities .
Expenses" shall not include the complete payroll
costs for employees who are not substantially
dedicated to the mitigation or response to the
public health emergency, except as set forth in 5. 1
of this Agreement. Expenses may also include
economic development programs designed to support
and defray the costs of local businesses (within
the geographic boundaries of DuPage County)
negatively impacted by the executive orders which
required such businesses be closed or have their
operations seriously curtailed.
D. All other words used in this agreement which are
not specifically defined shall have their normal
and ordinary meaning.
1.3 Purpose. The purpose of this Agreement is to establish
a contractual relationship between the County and
Municipality with regards to the proposed reimbursement of
municipal expenses associated with the coronavirus
emergency from federal CARES Act funds which the United
States Federal Government has disbursed to the County. The
County has, by resolution, created the DuPage County Local
Government COVID-19 Reimbursement program. This agreement
shall remain in effect between the parties to govern the
form of applications for reimbursement, the review of
applications, the criteria for reimbursable expenses, the
retention of documents, and other material terms governing
the processing of reimbursement applications .
2 .0 Obligations of the County
2 . 1 Generally. The County, by and through its Finance
Department or Third-Party Consultant hired by the County,
shall process requests for reimbursement received by
Municipality subject to the requirements set forth herein.
2 .2 Submittal does not guarantee approval. The County, by
receiving and processing the reimbursement requests of
Municipality, does not guarantee approval of the
reimbursement requests by the DuPage County Board, the
DuPage County Finance Department, the United States
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Department of Treasury, or the Office of the Inspector
General .
2 .3 No further obligations. The County shall have no further
obligations under this IGA other than those expressly set
forth.
3. 0 Obligations of the Municipality
3. 1 Generally. In order to submit requests for reimbursement
of coronavirus emergency related expenditures,
Municipality agrees to submit the forms, certifications
and documentations set forth in this IGA for any expense
for which Municipality seeks reimbursement under this
Agreement . Municipality agrees that the sole and exclusive
decision as to whether or not Municipalities request is
granted lies within the discretion of the DuPage County
Board, and that submission of expenses for reimbursement
does not obligate the County to agree to reimburse those
expenses . Municipality agrees that the County Board,
through its Finance Department or Third-Party
Administrator, may reject expenses which are clearly not
permitted uses for CARES ACT funds such as using the funds
for revenue replacement.
4.0 Form of Expense Submittals, Certification, failure to use
form or comply with criteria
4. 1 Generally. The Parties agree that expenses for which
Municipality seeks reimbursement shall be submitted in a
manner and on forms created by the Third Party
Administrator hired by the County to process reimbursement
requests . County and Third Party Administrator shall work
collaboratively with Municipality and DuPage Mayors and
Managers Conference to ensure that the forms and process
properly balance administrative convenience to the Parties
and provide sufficient information for the County Board to
issue a reimbursement.
4 .2 Certification. Each request for reimbursement shall be
accompanied by a certification wherein the
Mayor/President, certifies that the expenses for which
Municipality seeks reimbursement: (i) are necessary
expenditures incurred due to the public health emergency
with response to the Coronavirus Disease 2019, (ii) which
were not accounted for in the most recently approved budget
of the municipality, as of March 27, 2020, (iii) were
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incurred during the period between March 1, 2020 and
December 30, 2020 . By entering into the IGA, Municipality
authorizes its Mayor or President to sign such
certification on behalf of Municipality.
4.3 Failure to comply with Department of Treasury
Guidelines. The County reserves the right to reject any
reimbursement which it feels, in its sole and exclusive
discretion, does not meet the criteria of the CARES Act or
United States Department of Treasury guidelines associated
with disbursement of funds under the CARES Act. Such
rejection may be made by the DuPage County Board. This
section shall not be held to restrict the County Finance
Department or Third-Party Administrator from rejecting
requests which clearly fail to comply with the CARES Act
or with Department of Treasury guidelines .
5.0 Expenses to be reimbursed; Caps of maximum amount of
reimbursements available to Municipality; prohibition on
duplicate reimbursement.
5. 1 Municipality may submit expenses as set forth in section
1 . 2 (c) of this Agreement. Where submitted expenses are
seeking reimbursement for employee payroll, the County
requires that the expenses be separated into two
categories . The first category shall be employees whose
time was substantially dedicated to mitigating the spread
or responding to the public health emergency and/or who
have been reassigned from their budgeted role to a
different function to substantially support COVID-19
related activities . For purposes of this section
substantially dedicated" shall mean that sixty percent
600) or more of the employees' time was dedicated to
mitigating the spread or responding to the public health
emergency related to COVID-19. Municipality may submit,
and the County Board will consider, reimbursing 100% of
the salary of "substantially dedicated" employees. The
second category shall consist of employees whose time is
not "substantially dedicated" to mitigating the spread of
or responding to the COVID-19 public health emergency, but
who have spent some portion of their compensated time (but
less than sixty percent (60%) ) mitigating the spread of or
responding to the COVID-19 Public Health Emergency. The
Municipality may submit, and the County Board will
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consider, reimbursing payroll in the amount of the
proportion of the individual employees' time spent
mitigating the spread of or responding to the COVID-19
public health emergency. For example, if an employee spent
twenty percent (200) of his or her compensated time
mitigating the spread of or responding to the COVID-19
public health emergency, the municipality may submit for
reimbursement of twenty percent (20%) of the employees'
salary during the period of time in which the employee was
engaging in COVID-19 related responses .
5.2 Municipality shall not be entitled to reimbursement of
expenses for which it has received reimbursement from
another County, State, or federal program designed to
reimburse local government for costs associated with the
coronavirus emergency or other emergencies . If
Municipality receives reimbursement from any program
referenced above, Municipality shall refund any duplicate
reimbursement to the County.
5.3 Under this program, Municipality shall receive, in
aggregate, no more than fifty-one dollars and eighty-four
cents ($51 . 84) for each resident of the Municipality who
resides within the geographic boundaries of DuPage County
as set forth in Schedule 1 attached to this Agreement. This
section shall not bar future additional expenditures by
County for specific municipalities which may be
disproportionately impacted by COVID-19 and which, in the
County' s sole opinion, require additional resources to
respond to the COVID-19 public health emergency.
5. 4 Where Municipality is located, in part, in DuPage County
and in part, in other Counties, Municipality should pro-
rate their requested expense reimbursements based upon the
population of their residents which reside within DuPage
County. For Example, if Municipality has sixty percent
60%) of its population in DuPage County, a municipality
may seek reimbursement for sixty percent ( 60%) of the total
cost of the expense eligible for reimbursement.
Municipality shall not pro-rate expenses which were used
only to the benefit of DuPage County residents .
6.0 Cooperation
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6.1 The County shall assist Municipality in complying with
the requirements of the CARES Act and the United States
Department of Treasury guidelines by preparing sample forms
and providing feedback and guidance with regards to the
type and quality of information required to complete such
forms.
6.2 Municipality agrees to abide by the terms of the CARES
Act and all United States Department of Treasury
guidelines .
6.3 Municipality shall, at the County' s request, supply
County with all relevant information for the County to
evaluate whether a request for reimbursement meets the
criteria under the CARES Act and United States Department
of Treasury guidelines .
7. 0 Records
7 . 1 Municipality shall maintain all records relating to the
expenses which Municipality seeks to have reimbursed by
County from CARES Act funds for a period of at least ten
10) years or the period of time required by other state
or federal law, whichever is longer.
7.2 At any time, DuPage County, the DuPage County Finance
Department, or the DuPage County Auditor, may request that
the Municipality provide records relating to the expenses
which Municipality seeks to have reimbursed. Municipality
agrees to provide records in response to such requests .
7 . 3 Failure to provide records may result in the denial of
the reimbursement request . In circumstances where the
reimbursement request has been granted and the records are
needed to justify the reimbursement to the Office of the
Inspector General or any other office, official, or
department which may later become responsible for auditing
disbursements of CARES Act funds, failure by Municipality
to provide these records, for any reason including the
prior destruction of these records, shall constitute a
breach of this Agreement. The sole and exclusive remedy
for such a breach is that Municipality shall be responsible
for repayment of any disbursement which the Office of
Inspector General, or its successor, finds improper,
unsupported, or unable to be verified. Additionally,
Municipality agrees to indemnify the County or make the
County whole for any penalty assessed against the County
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based upon Municipality' s failure to retain or provide
records .
8. 0 Timeliness.
8. 1 The Parties agree that time is of the essence in the
processing of applications for reimbursement . The County
shall use all reasonable speed and diligence in the
processing of applications for reimbursement.
8.2 The Parties agree that time is of the essence in
communications seeking supporting documents or requesting
records under this agreement. The Parties agree that they
shall use all reasonable speed and diligence in responding
to requests for records or supporting documents .
9. 0 Indemnity.
9. 1 The Parties agree that where the County relied upon the
certification of the Municipality that such expenses which
Municipality sought to have reimbursed from CARES Act funds
met the minimum requirements of the CARES Act, and where
the Office of the Inspector General, or any other person,
official, or department which is charged with the auditing
and review of expenditures of CARES Act funds determines
that such reimbursement was not permitted under the CARES
Act, Municipality agrees to indemnify, reimburse and make
whole the County for any funds which the United States
Government or its agencies seeks to recoup or collect,
either by litigation, or by withholding other federal funds
owed to the County. Municipality further agrees to
indemnify, reimburse, or make whole the County for any
penalties associated with the federal government seeking
to recoup the expended CARES Act funds which the County
disbursed to Municipality including interest, or any
penalty provided by law.
9.2 Municipality agrees to hold County harmless for any
evaluation or advice which the County provided to
Municipality as to whether the requested reimbursement is
a permissible use of the CARES Act funds .
10. 0 Term and termination
10. 1 Term. This Agreement shall remain in effect until either
party provides written notice of termination to the other.
Such notice shall be effective 14 days after receipt of
the termination.
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10.2 Survival of Terms. Those terms relating to the party' s
obligation to maintain records and provide records, and
the Municipality' s indemnification of the County shall
survive the termination of this Agreement.
11. 0 Amendment
11. 1 Amendments to this Agreement may be performed with the
written consent of the DuPage County Board and Municipal
governing board.
12 . 0 Notices and duplicate copies .
12. 1 Written notices required pursuant to this Agreement
and all other correspondence between the parties shall be
directed to the following and shall be deemed received
when hand-delivered or three (3) days after being sent by
certified mail, return receipt requested or electronic
mail :
DuPage County: Daniel J. Cronin,
DuPage County Board Chairman
421 N. County Farm Road
Wheaton, IL 60187
With a copy to:
DuPage County State' s Attorney' s Office
ATTN: ASA CONOR MCCARTHY
503 N. County Farm Road
Wheaton, IL 60187
Municipality:Village of Oak Brook
With Copies to: ADDITIONAL RECIPIENT]
12 .2 The Parties agree that this agreement may be entered
into using identical counterparts, each of which when
executed and delivered to the other party shall constitute
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a duplicate original, but all counterparts together shall
constitute a single agreement . Upon ratification by the
governing board of the respective parties, the parties
shall each transmit the signed counterparts of this
agreement to the other using the recipients listed above
in Section 12 . 1 of this Agreement. This agreement shall go
into effect immediately upon the ratification of the last
party to execute this agreement.
Signature Page to Follow]
THIS SPACE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, using duplicate counterparts, on the dates listed
below.
C Y OF DU P GE: Villa q of Oak Brook:
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Daniel J. Cronin Name]
DuPage County Board Chairman Mayor, [Municipality]
Attest: s,t,.. LQ Attest:
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91 - A
Jean aczmarek Village Clerk Name
DuPage County Clerk Village Clerk
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Date: 77 /5(-,1 Date:
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