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HomeMy WebLinkAboutResolutions - 2020.07.15 - 33425MISCELLANEOUS RESOLUTION #20253 BY: Commissioner Michael J. Gingell, District #1 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION FOR DISTRIBUTION OF CARES ACT FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's local governments and their front-line essential services employees have been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19 public health/emergency response and economic recovery; and WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and Economic Security Act's (CARES Act) — Coronavirus Relief Fund (CRF) to respond directly to the emergency as well as expenditures incurred to respond to second -order effects of the emergency; and WHEREAS guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked Questions' dated May 4, 2020, indicates that a county may but is not required to allocate funds to a local government within the county; and WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland Together Local Government Partnership Grant program with an allocation of $35,000,000 of CARES Act - Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health emergency; and WHEREAS the Charter Township of Orion has demonstrated an eligible plan to utilize CARES Act funding in accordance with the U.S. Treasury guidelines in their reimbursement application. The eligible reimbursement application is included as "Attachment A"; and WHEREAS the Oakland Together Local Government Partnership Oversight Committee has reviewed the eligible plan and grant application from the Charter Township of Orion and recommends the disbursement of $131,208.29 to the Charter Township of Orion from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS the Charter Township of Orion has approved and executed an interlocal agreement prepared by Oakland County Corporation Counsel. The agreement is included as "Attachment B". NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the eligible reimbursement application from the Charter Township of Orion and authorizes the distribution of $131,208.29 from the Oakland Together Local Government Partnership program to the Charter Township of Orion from Oakland County CARES Act Coronavirus Relief Funds. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the interlocal agreement with the Charter Township of Orion. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution and the finalized executed agreement to Oakland County Fiscal Services and the Charter Township of Orion. BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland Together Local Government Partnership Grant Program was authorized with Miscellaneous Resolution #20187 adopted on June 4, 2020. Chairperson, I move for the adoption of the foregoing resolution. Commissioner Mic el J. Gingell District #1 Expenditure Review Form Oaldand Together CVT COVIQ Support Fund Expenditure Submission Foran Attachment A Uul Guidalines • Funds rare only made available 1f tho CVT has expanses that meet the requirements of the CVT COVID Fund. • All expenditures must meet the guidance established by the U.S. Treasury Department, and Oakland County. • The CVT shall riot submit an Expenditure Submission Form for any expense which is of gible to be covered by FEMA (Federal Emergency Management Agency) Public Assistance rohabursoment grant. Public body may use funds to pay the 25% "cost charo' or "local match" required with FEMA reimbursement. These: funds may not be le -distributed by the CVT unless to assist Individual resldoNs as permitted by the CARFS Act of to pay vendors or seivlce providers as permitted by the CARTS Act. Application Ib 10042M Submission Information Public Body (CVT) Orion Twp Name Ashley Coyle Title Budget & Prnnvement Qirector Email acoyleehoiionlowatship.org Phone 12483096994 Public Body (CVT) Authorized Official Funding Information Name Chris Bametl 'Title Supervisor Email cbarnett@oriolrlovoiship.arg Phone 2483910304 Payment Method C Electronic (ACEI) r: Check Payment Remittance Address Address 2525 Joslyn City Lake Orion State M I ZIP Code 48360 Expenditures Expenditure ID 10042M-1 Expenditure Description COVID REIMBURSEMENT Date (3/2412020 Amount $ 34,689.09 Compliance Explanation These expenses Were neuessuly expenditures Incurred due to the public health emergency and Were not budgeted for. Compliance Records Attached you will find a IIsi of expenses that were not budgeted for in 2020 that are a direct relation to COVID. We can provide receiptshnvoicos if ioquested. Attachment All exlwnditurus n uct txo by welds suihc ianl to drinnnsttah: IhM tlu: anxnuri of pays nei do Irnm lila Fund haw been in accnrckntce vaih st.i Sion ta]'I (,b of tll l So,AA Security Act County Reimbursement - UPDATED pdf 80.95KB Expenditure Approval* f Approved f' Rejected Total Submitted Anwunt $ 34,68900 Total Approved Amount $ Compliance Requirements By submitting this Puna the Public Body (CVT) alfimas that it wilt abide by each of the following nxluitenrents Wien using Oakland Together CVT funds. Please check the Lox next to each requuenlent to radian your intent to abide by these requirements: • 'The exhondltm o of the funds is necessary due to the public health emergency Wilk respect to the Coronavirus Disease 2019 (COVID-19). x• The expenditures vero not accounted for In the bu(Iget most mcontly approvod as of March 27, 2020. • The expenditures were or vii be incurred during the period that begins on March 1, 2020 arid ends ai December 30, 2020. rd Tho expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls in government revenue to cover would nel othervnse qualify under the CARES Act Coronavirus Rehef fund. Upon approval of this Fond, tho Public, Body (CVT) Wit be provided Will an Intarloral Agreement, which must be. executed prior to the reloaso of any funds, and wfilch Ilsts further rmplienienls Including but not limited to: The CVT must agree to porticipato In the pl'oduclieu of (Jeeelilena req kill ed by any hfturo taudit of 1116 CARES Act I)rogreny and funds not spend in accordance Will tiler Act must be returned to the County. • The CVr Must agree that in the event they receive direct funding from the federal or state government to cover these oxponses, tho county money will be returned. Date Submitted 6124/2020 Expenditure Review Form Oakland Together CVT COVID Support Fund Expenditure Submission Form Attachment A Fund Guidelines • Funds are only made available if the CVT has expenses that meet the requirements of the CVP COVID Fund. • NI expenditures must moot tho guidance established by the U.S. 'Treasury Department, and Oakland County. • I fie CVT shall riot submit an Expenditure Submission Form for any expense which Is eligible to be covered by FEMA (Federal Emergency Management Agency) Public Assistance reimbursement grant. Public body may use funds to pay the 25 "cost share" or "local match" required w4h FEMA reimbursement. • These funds may not be i o-dlshlbuted by the CV1 unless to assist Individual residents as pormitted by the CARES Act or to pay vendors of service providers as permitted by the CARES Act. Application ID 100,13M Submission Information Public Body (CVI) Orion Twp Name Ashley Coyle Title Budget & PfUeurereenl Director Email acoyle(Doriontownship.org Phone 12483096994 Public Body (CVT) Authorized Official Funding Information Name Chris Bernell Title Suporvlsor Email cbarnettaoriontoamship.org Phone 2483910304 Payment Method C Eactionic, (ACH) F Check Paynwnt Remittance Address Address 2525 JDslyn City Lake Orion State M I ZIP Code 48360 Expenditures Expenditure ID 10043M-1 Expenditure Description Covid Personnel Costs Date 6/24/2020 Amount $ 77,4,'1.30 Compliance Explanation All attached personnel costs wele directly related to covid. We did not originally budget for Covid Personnel costs. Compliance Records I can provide this document in excel so the calculations can be reviewed - however, this submission page Will not allow me to upload an excel document. Attachment Allvxp-,HdLtUrPs musf be supprxtw.l by iecuido sufliciont In (1,11HUMostu 11101 tha an'tount of pays aunts ftno the Fund have bra=n in f ince wills sncuoi i R) I Id) of lht: Social Secwity Act. Personnel - Updated.pcif '113.07KB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 77,431.30 Total Approved Amount $ Compliance Requirements By submitting this Funn lite Public Body (CVT) affuns that it will abide by ouch of the rollamng requirements Men using Oakland Together UV i funds, Please check the box next to each requitemant to confirm your intern to abide by these requirements: rJ The expanditure of the funds Is necessary due to the public health emergency will respect to the Coronavirus Disease 20'10 (COVID-10). W Tho expenditures were not accounted for in lite budget local recently approved as of March 27, 2020. • The expenditures worn or will be Int'lln'od dm Ing the period that begins on March 1, 2020 and ends on Docamber 30, 2020. • The expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls in government revenue to cover expenditures drat Would not otherwise qualify under the CARES Act Coronavirus Relief Fund. Upon approval of this Form, the Public Body (CVT) will be provided with an Interlocal Agreement, winch must be executed prior to Hilo release of any funds, and whlch lists further requirements including but not limited to: The CVT must agree to parlicipato In the production of documents required by any future audit of lite CARES Act program, mol funds not spond In accordance with the Act must be I aturnod to the County. 'I he CVT must agree that in the event they receive diroct funding from the redoral or state govermmnnt to covoi these axpanses, the county stoney will be returned. Date Submitted 6/24/2020 CVT COVID Support Expenditure Review Form ATTACHMENT A Oakland Together CVT COVID Support Fund Expenditure Submission Form Fund culdelines • Funds are only made nvallable if the CVT has expenses that meet the requirements of the CVlCOVID Fund. • AI expenditures must insist the guidance established by the U,S.'Traasuly Department, and Oakland County. • The CVT shall net submil an Expendituro Submission Form foi any expense which is eligible to be covered by FEMA (Federal Emergency Management Agency) Public Assistance reimbursement grant. Public body may use funds to pay the 25% "cost share" or "local Match" required with FEMA reimbursement. • Thew funds may not be re -distributed by the CVT Unless to assist individual residents as permitted by the CARES Art or lo pay vendors or service providers as permitted by the CARES Act. Application ID 10177M Submission Information Public Body (CVT) Onon Twp Name Ashley Coyle Title Budget & Procurement Director Email acoyle(noriontownship.org Phone 124-830-0699 Public Body (CVT) Authorized Official Funding Information Name Chris Barnett Title Supervisor Email cbarnatt@orlontoUmishlp.org Phone 248-391-0304 Payment Method r Electronic (ACH) c Check Paynxrnt Remittance Address Andress 2.525 Joslyn City Lake Orion State MI ZJP Code 48360 Expenditures ExpenditureiD 10177M-1 Expenditure Description Attorney Fees - COVID Anount Date 6118/2020 $ 18,814.00 Compliance Explanation These expenses were necessary and ware Incurred duo to file public health emergency. They were not budgeted for. Compliance Records Previously submitted Attachment All enpendilures must be nuppoded by records sulliaient to deny onetralo 1Pra: the an toui it of payments from the F u id hna, Ixxnr it, twos miit wo with no ,h, m 001 (d) of Ihr Sema! Switrily Art Legal meas - March & April.pdf 434.180 Expenditure Approval* C Approved C' Rejected Expenditure ID 10177M-2 Expenditure Description Increased Postage Anount Date 6/18/2020 $ 273.90 Compliance Explanation Postage was based on residents not being able to receive stamped documents, all stamped documents and paid reoeipts needed to be mailed to our residents. This included, but was not limited to, building permits, applications, property if ansfer affidavits, principle resident exemptions, compost disposal stickers, water hill receipts, planning zoning packets, all payment receipts, etc. Compliance Records Previously submitted Attachment All expendltu,es must Imes suPlxrded by record. stdiicient to demonsUmte that he onwunt of payuwnit, from the Furn1 huu, buxin in aocotdun:o with seotion 601 (d) of lilt; Saadi Secanty All, Postage Bank Foos 1.pdt 248,53KB Expenditure Approval* r Approved C Rejected ExprirulLtyica-iB-71345'71; C _ escr p on lutes Amount Date 6/18/2020 .p ad"oq�oa Compliance Explanation l hese expenses were necessary and were inclined due to the public health enrorgency. 'they wale not budgetod for, Compliance Records Previouslysubmided Attach One at All exix:n0tums must be nrjryxnted by records e lllideut 10 nen rrnelralo That the amount ul payments Goin II,u Fund haw t>v-en in aorord.nx.o w110 .;union 601 td) of tho Sfflal SEroUfty Act. COUNTY REIMBURSEMENT FINAL - W 1 U0.3;4K8 DESCR.pdf Expenditure Approval* r Approved f Rejected a Total Submitted Amount $ F ate—+ 19 0 V 7 9 0 Total Approved Amount $ Compliance Requirements By submitting this Poem the Public Body (CVT) affirms that it will dbide by each of the follawirxg requirements when using Oakenrl Together Cvf funds. Please check the box next to each requirement to confirm your Intent to abide by these requirements: • The expenditure of the funds Is necessary due to the public health emergency with respect to the Coronavirus Dlsease 2019 (COVID-19). • The expenditures werenot accounted for In the budget most recently approved as of Match 27, 2020. • The expondlturos wero or Wit be Incurred during the period that be0lns on March '1, 2020 and ends on December 30, 2020. 1- The expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls In government revenue to cover expenditures that would not otherwise qualify under the CARES Act Coronavirus Relief Fund. Upon approval of this Form, the Public Body (CVT)Will be provided with an Interlocal Agreement, Wnlch must be executed prior to the release of any funds, and which lists further requirements Including but not limited to: The CVT must agree to parkipale in the production of documents required by any future audit of the CARES Act program, and funds not spend in accordance with the Act must be recur nod to the County. • The cvr must agree that in the event they receive direct funding firm the federal or stale government to rover these expenses, [tie county money vdll be returned, Dale Submitted 7113/2020 All Rejected ATTACHMENT B AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND CHARTER TOWNSHIP OF ORION This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Charter Township of Orion ("Public Body") 2525 Joslyn Road, Orion, MI 48360. County and Public Body may be referred to individually as a "Party" and jointly as "Parties". PURPOSE . OF AGREEMENT. County and Public Body enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of County distributing a portion of its CARES Act funds to Public Body. County has allocated a portion of its CARES Act funds to be distributed to CVTs within Oakland County, which will be used to assist CVTs in meeting certain areas of need caused by the COVID-19 pandemic. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: 1.1. Aereement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or Public Body, or for which County or Public Body may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.3. Confidential Information means all information and data that County is required or permitted by law to keep confidential, including records of County' security measures, including security plans, security codes and combinations, passwords, keys, and security procedures, to the extent that the records relate to ongoing security of County as well as records or information to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs relating to ongoing security measures, capabilities and plans for responding to violations of the Michigan Anti -terrorism Act, emergency response plans, risk planning documents, threat assessments and domestic preparedness strategies. 1.4. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 1.5. jay means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. Pagel of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 1.6. Public Body means the Charter Township of Orion including, but not limited to, its council, its Board, its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.7. Public Body Employee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires, contractors, subcontractors, independent contractors, agents, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal, representative or official capacities), and/or any persons acting by, through, under, or in concert with any of the above who use or have access to the Oakland Together CVT funds provided under this Agreement. "Public Body Employee" shall also include any person who was a Public Body Employee at any time during the tern of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. "Public Body Employee" does not include an individual resident of Public Body who receives an authorized distribution of Oakland Together CVT funds. 1.8. CARES Act funds means the money distributed to the County by the United States Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act. 1.9. CM means Cities, Villages, and Townships. 1.10. Oakland Together CVT funds means that portion of the CARES Act funds which the County has allocated to CVTs within Oakland County. 1,11. Exnendhure Submission Form means the form which Public Body must complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together CVT funds to Public Body. 1.12. =means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Oyersight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together CVT funds. 1 ► t'1► 2.1. OCE will review Public Body's Expenditure Submission Form(s) to determine whether Public Body is eligible to receive a distribution of Oakland Together CVT funds. This determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund Guidance for State, Territorial, Local and Tribal Government" or other guidenace issued by the Federal Government. OCE may request any supporting documentation it deems necessary to fully evaluate Public Body's eligibility. 2.2. If OCE determines that Public Body is eligible to receive a distribution, County will distribute the eligible amount to Public Body. 2.3. County is not obligated or required to distribute any Oakland Together CVT funds to Public Body if OCE determines that Public Body is not eligible to receive the funds, or if the amount of Oakland Together CVT funds available are not sufficient to fulfill Public Body's Expenditure Submission Form. 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms from Public Body, and County will retain the balance of any Oakland Together CVT funds for which Public Body was originally eligible, but which are not covered by an approved Expenditure Submission Form. Page 2 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 2.5. If County retains the balance of Oakland Together CVT funds not covered by an approved Expenditure Submission Form under Section 2.4, County may redistribute any or all of that amount to other eligible CVTs or as otherwise deemed appropriate by OCE. 2.6. OCE will work in collaboration with the Oversight Committee in determining Public Body's eligibility for Oakland Together CVT funds, and the amount of said funds to be distributed to Public Body. 3. PUBLIC BODY RESPONSIBILITIES. 3.1. Public Body may be eligible to receive a portion of Oakland Together CVT funds. Public Body shall complete and submit an Expenditure Submission Form to OCE and receive OCE approval prior to the receipt of any Oakland Together CVT funds. 3.2. In its first Expenditure Submission Form, Public Body shall only apply for Oakland Together CVT funds to pay for expenditures or programs already made by Public Body, or for funds to pay Public Body's required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.3. Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together CVT funds, including, but not limited to, Section 601(d) of the Social Security Act and the "Coronavirus Relief Fund Guidance for State, Territorial, Local and Tribal Governments."' 3.4. Public Body shall not submit an Expenditure Submission Form for any expense which is eligible to be covered by a FEMA (Federal Emergency Management Agency) Public Assistance Reimbursement. Public Body may use Oakland Together CVT funds to pay the required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.5. Public Body shall only expend Oakland Together CVT funds to pay for expenses incurred due to the COVID-19 public health emergency, and which expenses were not accounted for in Public Body's most recently approved budget as of March 27, 2020. 3.6. Public Body shall only expend Oakland Together CVT funds for expenses incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 3.7, Public Body shall not use Oakland Together CVT funds as revenue replacement. 3.8. Public body shall not redistribute Oakland Together CVT funds, except Public Body shall be allowed to provide direct assistance to individual residents of Public Body, and pay vendors and service providers, as permitted by the CARES Act. 3.9. Public Body shall not expend Oakland Together CVT funds in any manner that Public Body did not include in a submitted and approved Expenditure Submission Form. 3.10. If Public Body receives an amount of funding from the federal or state government to cover expenses for which Public Body received Oakland Together CVT funds, Public Body shall return that amount of Oakland Together CVT funds to County. 3.11. Public Body shall keep records of all expenditures of Oakland Together CVT funds sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 3.3 for a period of 10 (ten) years, at a minimum. 3.12. Public Body shall produce said records of expenditures upon request by County or OCE, or as required by any future audit of the CARES Act program. This document is available at httns;+ hantedreasurv.uov systemifllevi l36't'uronavirk sRelief--Fund-Guidance-for-S ate-, Tcrritoria I -Local -and -Tri bal-Governmenls.ndf Page 3 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 3.13. Public Body shall submit records to OCE within 30 (thirty) days after expenditure of Oakland Together CVT funds with a detailed description of how the funds were expended and how the expenditure of funds complied with the CARES Act guidance unless Public Body has already submitted said records with its Expenditure Submission Form. 3.14. In the event it is determined by OCE, or any other audit under the CARES Act program, that Public Body expended an amount of Oakland Together CVT funds in violation of the CARES Act requirements or this Agreement, Public Body shall be required to return that amount of money to County. 3.15. In any case where Public Body is required to return an amount of money to County under this Agreement, Public Body agrees that unless expressly prohibited by law, County or the Oakland County Treasurer, at their sole option, shall be entitled to set off from any other Public Body funds that are in County's possession for any reason, including but not limited to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or retention of funds by County shall be deemed a voluntary assignment of the amount by Public Body to County. Public Body waives any Claims against County or its Officials for any acts related specifically to County's offsetting or retaining of such amounts. This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by County was actually due and owing under this Agreement. 3.16. Nothing in this Section shall operate to limit County's right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to County under this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if Public Body becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure its payment under this Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and court costs, incurred by County in the collection of any amount owed by Public Body, 3.17. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. 4.1. This Agreement shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party. The approval and terms of this Agreement shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 4.2. This Agreement shall remain in effect until January 31, 2021, or until cancelled or terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall comply with the record keeping, reporting, audit response, and fund return requirements of Section 3 after the termination of this Agreement if necessary, 5. ASSURANCES. 5.1. Resnonsibilitv for Claims. Each Party shall be responsible for any Claims made against that Party by a third party, and for the acts of its employees arising under or related to this Agreement. 5.2. Resnonsibilitv for Attornev Fees and Costs. Except as provided for in Section 3.16, in any Claim that may arise from the performance of this Agreement, each Party shall seek its own Page 4 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT legal representation and bear the costs associated with such representation, including judgments and attorney fees. 5.3. No Indemnification. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. 5.4. Costs. Fines, and Fees for Noncomnliance. Public Body shall be solely responsible for all costs, fines and fees associated with any misuse of the Oakland Together CVT funds and/or for noncompliance with this Agreement by Pubic Body Employees. 5.5. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 5.6. Authorization and Comuletion of Agreement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 5.7. Compliance with Laws. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. t o I 1CV4IN IR : ► IR 11 W.V4,01 D10 I DION 6.1. County may terminate or cancel this Agreement at any time if it determines that Public Body has expended Oakland Together CVT funds in violation of CARES Act requirements or this Agreement. Either OCE or the Board of Commissioners is authorized to terminate this Agreement under this provision. If County terminates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement, County may utilize the provisions in Sections 3.15 - 3.16 to recoup the amount of money owed to County by Public Body. 6.2. Public Body may terminate or cancel this Agreement at any time if it determines that it does not wish to receive any Oakland Together CVT funds, If Public Body terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together CVT funds it has already received. 6.3. If either Party terminates or cancels this agreement they shall provide written notice to the other Party in the manner described in Section 13. 7. DF.LF.GATION OR ASSIGNMENT, Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 9. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. Page 5 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 11. PRECEDENCE OF DOCUMENTS, In the event of a conflict between the terms and conditions of any of the documents that comprise this Agreement, the terms in the Agreement shall prevail and take precedence over any allegedly conflicting terms and conditions. 12. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender, and any use of the nominative, objective or possessive case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 13. 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. 13.1. If Notice is sent to County, it shall be addressed and sent to: Oakland County Executive, 2100 Pontiac Lake Rd., Waterford, MI, 48328, and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, MI, 48341. 13.2. If Notice is sent to Public Body, it shall be addressed to: 2525 Joslyn Road, Orion, MI 48360, 14. GOVERNING LAW/CONSENT TO.gJRTSDI .TION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 15. SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section 5); No Third -Party Beneficiaries (Section 8); No Implied Waiver (Section 9); Severability (Section 10); Precedence of Documents (Section 11); Governing Law/Consent to Jurisidiction and Venue (Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record keeping, reporting, audit compliance, and fund return provisions of Section 3. 16. ENTIRE AGREEMENT. 16.1. This Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together CVT funds With regard to the Oakland Together CVT funds, this Agreement supersedes all other oral or written agreements between the Parties. Page 6 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 16.2. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Orion Township Supervisor Chris Barnett hereby acknowledges that he/she has been authorized by a resolution of the Charter Township of Orion, 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 conditio this Ag ent. EXECUTED: DATE: 7 `" Chri ett, Supervisort, Charter Township of Orion WITNESSED:4Cter DATE:.. Ashley oyle, B d et Township of Orion IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: WITNESSED: David Woodward, Chairperson Oakland County Board of Commissioners Oakland County Board of Commissioners County of Oakland Page 7 of 7 DATE: DATE: OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT Resolution #20253 July 15, 2020 Moved by Spisz seconded by Weipert to suspend the rules and vote on Miscellaneous Resolution #20253 — Board of Commissioners — Approval of Interlocal Agreement with The Charter Township of Orion for Distribution of CARES Act Funding. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20253 — Board of Commissioners — Approval of Interlocal Agreement with the Charter Township of Orion for Distribution of CARES Act Funding carried. Moved by Spisz seconded by Weipert the resolution be adopted. AYES: Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. , aL I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 15, 2020, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 151h day of July, 2020. /Lisa