RESOLUTION FOR BOARD MEETING OF OCTOBER 15, 2020
Title
RESOLUTION approving and authorizing the Executive Director to execute an Intergovernmental and Subrecipient Agreement for Coronavirus Relief Funds with Cook County
Body
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Public Health Emergency as a result of the COVID-19 outbreak; and
WHEREAS, on March 27, 2020, the President of the United States signed into law the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act'); and
WHEREAS, the CARES Act established the Coronavirus Relief Fund ("CRF"), which provides aid to certain eligible local governments to address necessary expenditures due to the COVID-19 Public Health Emergency; and
WHEREAS, Cook County, Illinois, qualified as an eligible local government and received CRF funding from the U.S. Department of Treasury; and
WHEREAS, federal guidance issued by the U.S. Department of Treasury indicates that a unit of local government may transfer a portion of its CRF funding to a smaller unit of local government provided that such transfer qualifies as a "necessary expenditure" to the Public Health Emergency and meets the criteria of Section 601 (d) of the Social Security Act as added by Section 5001 of the CARES Act; and
WHEREAS, Article VIl, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and other applicable law permit and encourage units of local governments to cooperate with and support each other in the exercise of their authority and the performance of their responsibilities; and
WHEREAS, the Illinois intergovernmental Cooperation Act authorizes units of local government to combine, transfer or jointly exercise any power, privilege, function, or authority which either of them may exercise, and to enter into agreements for the performance of governmental services, activities, or undertakings, and
WHEREAS, Cook County acknowledges that there are local municipalities within Cook County that were not eligible to receive a portion of CRF and Cook County, through the spirit of intergovernmental cooperation, desires to provide a portion of its CRF funding to aid such local municipalities in addressing the impacts of the COVID-19 Public Health Emergency; and
WHEREAS, Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act, requires that units of local government use the funds received to cover only those costs that (1) are necessary expenditures incurred due to the public health emergency with respect to the 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 state or local government; and (3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and
WHEREAS, as part of the Cook County COVID-19 Response Plan, Cook County has chosen to allocate $212,000 of its CRF to the Metropolitan Water Reclamation District of Greater Chicago (MWRD) contingent on eligible cost reimbursement under the CARES Act guidelines; and
WHEREAS, as a Subrecipient of a Cook County CRF allocation, MWRD must apply for this funding allocation by October 30, 2020, and must include a signed Intergovernmental Agreement with its CRF Application, along with a resolution or ordinance evidencing that its governing body has approved the Intergovernmental Agreement; and
WHEREAS, MWRD and Cook County desire to enter into the attached Intergovernmental and Subrecipient Agreement for Coronavirus Relief Funds (“Agreement’);
NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago approve the attached Agreement and authorize the Executive Director or his designee to execute the attached Agreement and take all steps necessary to enter into the Agreement with Cook County.
Dated: October 15, 2020
Approved:
______________________________
Kari K. Steele
President
Board of Commissioners
Metropolitan Water Reclamation District
of Greater Chicago
Approved as to form and legality:
______________________________
Deputy General Counsel
________________________________
General Counsel