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Home My WebLink AboutResolutions - 2020.08.06 - 33483REQUESTING SUSPENSION OF THE BOARD RULES FOR - IMMEDIATE CONSIDERATION UNDER NEW BUSINESS MISCELLANEOUS RESOLUTION #20310 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH ADDISON TOWNSHIP 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 Addison Township 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 Addison Township and recommends the disbursement of $1,519.27 to Addison Township from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS Addison Township 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 Addison Township and authorizes the distribution of $1,519.27 from the Oakland Together Local Government Partnership program to Addison Township 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 Addison Township. 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 Addison Township. 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. Commissio er Michael Spisz District #3 CVT COM Support Expenditure Review Form ATTACHMENT A Oakland Together CVT COVID Support Fund Expenditure Submission Form Fund Guidelines • Funds are only made available if the CVT has expenses 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 not 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 with FEMA reimbursement. • These funds may not be re-distnbuted by the CVr unless to assist individual residents as permitted by the CARES Act or to pay vendors or service providers as permitted by the CARES Act. Application ID 10225M Submission Information Public Body (M) Addison Twp Name Jamie Martel Title Deputy Supervisor Email imattel@addisontwp.org Phone 248-628-5409 Public Body (CVT) Authorized Official Funding Information Name Bruce Pearson Title Supervisor Email bpearson@addisontwp.org Phone 248-628-5409 Payment Method r Electronic (ACH) r Check Payment Remittance Address Address 1440 Rochester Rd, City Leonard State MI ZJP Code 48367 Expenditures Expenditure ID 10225M-1 Expenditure Description Hand SanitzJnq Alcohol Wipes Amount Date 71,15/2020 $ 53,82 Compliance Explanation Expenditures for personal protective equipment for the township office that are necessary to address the current COVID-19 public health emergency and in keeping the staff and public safe. Compliance Records Receipt of Order Attachment NI experxiltures must t�supixtnod by rmreafs sullicienl to denionslrale That Iha amet.int of payments front the Food howl twat In accurdanro win soclion 601 (d) of the Social SeWlity ACL Staples 7310056834,lpeq 159.79KB Expenditure Approval* r Approved r Rejected Expenditure ID 10225M-2 Expenditure Description Disposable Face Mask Amount Date 7/14/2020 $ 205.60 Compliance Explanation Expenditures for personal prolective equipment for the township office that are necessary to address the current COVID-19 public health emergency and in keeping the staff and public safe. COlnptfanca Records Reeetpt of Order Attachment NI exfiwnditums most be supprxted by record§ sufficient to den tonslrate That 11'm amount of payments from the Fund hme been In aceordanco with section 601 (d) of the Sodal Security Act. Staples 73100115233.1peg 239.31K0 Expenditure Approval'" r Approved r Rejected Total Submitted Anwunt $ 259.42 Total Approved Amount $ Compliance Requirements By submitting Inns Fam1 the Public Body (CVT) Arms that it writ abklo by each of lho tollowinx3 requirements when using CtMan d Together CVT funds, please check the box next to each requirement to confirm your intent to abide by those requirements: W The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). W The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. (ti The expenditures vure or will be incurrod during the period [Ile[ begins on March 1, 2020 and ends on December 30, 2020. W The expenditures are not bemg used as revenue replacement for the Public Rody (CVT) to fill shortfalls in pnvernmont revenue to cover expenditures that would not othcxv,nse qualify under the CARTS Act Coronavirus Relief Fund. Upon approval of this Form, the Puhhc Body (CVT) will be provided wth an Interlocal Agreoment, which must be executed prior to the release of any funds, and whirh lists further requirements including but not limited to. • The CVT must agt ae to participate in the production of deetlments required by any future audit of the CARES Act program, and funds not spend in accordance with the Act must he returned to the County. • The CVT must agree that in the event they receive direct funding from the federal or state govern-nenl to cover those expenses, the county money Wll be returned. Date Submitted 711612020 All Rejected CVT COVID Support Expenditure Review f=orm ATTACHMENT A Oakland Tggether CVT COVID Support Fund Expenditure Submission Foran Fund Guidelines Funds are only made available if tho CVF has eWienses that meet the requiremonts of the CVf COVID Fetid. All expenditures must meet thu guidance established by the 11.5.'1 reasuy Department, and Oakland County. The CVr shall riot submit an Expenditure Submission Form for any expense iab ich is eligible to be covered by I' L"MA (Fedoral Emergency Management Agency) Public Assistance: relmbursomant grant. Public body may use kinds to pay the 25%"cost share" of "local match" required With FEMA roimbursoment, These funds may not bo ie -distributer( by tho CVT unless to assist individual resldonts as permitted by the CAI ZFS Act of to pay vendors or sarvico providers as ponnitted by tho CARES Ant. Application ID '10340M Submission Information Public Body (CVT) Addison T"p Name Jamie Martel Title Deputy Supervisor Email jmaral@faddisontvj),org Phone 248-(328-5409 Public Body (CVT) Authorized Official Funding Information Name (Avco Pearson Title Supervisor Emall lip(3,iraotl@adclisoiitv4).org Phone 246-626-5409 Payment Method r Electronic (ACEI) ,: Chock Payment Remittance Address Address 1440 Rochester Rd. City Leonard State MI ZIP Code 48367 Expenditures Expenditure ID 1034011 Expenditure Description Election Protective Banter ieits Amount Date //27/2020 $ 1,001.86 Compliance Explanation Expenditures for peisonal protective equipment for the township office that are necessary to address the current COVID-19 public health emergency and in keeping the staff and public, safe. Compliance Records Invoice of Sale Attachment All e f. cu: ituiea must Ou impl.x)lh a by i.;i i„rh, auiluaani L. don v�n..Udb: th:n th.? nm,mrs it payunalb f oin tho Fund h,o, been in ad lr:ee hit l s ennli!d i c01 (d)ai Ibr Srvinl Security Act Window Products 20072011.pdf 2113.210 Expenditure Approval* r Approved r Rejected Expenditure Description Protective Banioi Kits Freight Only Expenditure ID 10340M 2 from Previous Submitted Invoice Amount Date 7/ 1320210 $ 200.00 Compliance Explanation Expenditures for personal pintective uquipment for the township office that are necessary to address the current COVID-19 public health emergency and in keeping the ataf and public safe. Compliance Records Invoice of Sale Attachment All exl ondlhiros mir:t 1:,! supohao by re- ordk cullidout I... ¢v r;hah lhoi tum amount of payments from the Fund havo 1w,ii in accoidvnxa Will so"Ilon 001 f(i) of ilii. S. r sal Sorority Ai,t, Window Prodi icts 20060014 Freight.prif 270.90KB Expenditure Approval* P Api'aoved C Rejected Expenditure Description Disposable Pens and Kleenex for Expenditure ID 10340M-3 Election Amount Date 7/22/2020 $ 57M Complianco Explanation Expenditures for porsonal protective oqulpiucl'rt for the township office that are necessary to address the cun'enl COVID-19 public health omeigoncy and in kucping the staff and public: safe. Each voter wit got a new pan to avoid cross contamination and spread. Kleenox in be located in several locations through the polls for easy access and to prevent spl ead. Compliance Records Receipt of Order Attachment All expervAtums must be. supported by relordg suRrient in demonstrate that the amount of payments from the Fund hate those in accomLinro w1h se Alon 6,01 (d) of tho Social Security Act. Staples 7310431885.pdf 261.84(13 Expenditure Approval* r^ Approved r Rejected Total Submitted Amount $ 1,269.85 Total Approved Amount $ Compliance Requirements By submitting this Formthe Public Body (C" affirms that it Will abide by each of the follovdng requirements when using Oakland Togethca CVT funds. Please check the box next to each Tatp.Irement to confirm your intent to abide by these requirements-. • The expenditue of the funds is necessarydue to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). R The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. j7 The expenditures were or Wit be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. • The expenditures are not being used as revenue replacement for the Public Body (CVr) 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) Wit be provided with an Interlocal Agreement, which 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 partnipato 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 returned to the County. The CVT most agree that in the event they recelve divert funding from the federal or stato government to covet these exponsos, the county money will be returned, Date Submitted 712812020 All Rejected Attachment B AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND Addison Township This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Addison Township ("Public Body") 1440 Rochester Road, Leonard, MI 48367, Oakland 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 el 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. Agreement 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. I .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 C'nnnly, 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 personssuccessors. I.S. 11!i I means any calendar day beginning at 12:00 a.m. and ending at 1 1 :59 p.m. Page l of 7 OAKLAND TOGETHER CARFS ACT CVT FUND - IN"ITF,RLOCAL AGREEMENT 1.6. Public Rodv means the Addison Township including, but not limited to, its council, its Board, its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, coin it) ittees, employees, agents, subcontractors. allonicys, volunteers, and/or any such persons' successors. 1.T Public Rociv Employee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires, contractors, subcontractors, independent contractus, agents, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal, representative or official capacities), and/or any persons acting by, through, under, or in concert with any of the above who use or have access to the Oakland Together CVT funds provided under this Agreement. "public Body Employee" shall also include any person who was a public Body Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. "Public Body Employee" does riot '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 Slates 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. C 'T. means Cities, Villages, and Townships. 1.10. Oakland Tof=ether CVT funds means that portion of the CARES Act Funds which the County has allocated to CVTs within Oakland County. 1.11. Ljnenditure Submission Form means the form which public Body most complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together CVT funds to public Body. 1.1 _Q F, means the Office of the Oakland County lisecutivc, which includes the Chief Deputy and other Deputy County Executives. 1.13. Over.6,fit Committee means the committee established by the Oakland ('ounty Board of Conunissioners in the resolution allocating the Oakland Together CVT funds. I COUNTY RESPONSIBILTTIEN ?.I . OCF will review public Body's I?xpeuditurr Submission Foru)(s) to determine whether public Body is eligible to receive it distribution of Oakland Together CVT funds. 'I his determination will be in lite OC'li"s discretion pursuant to the "Coronavirus RClif Fund Guidance lire State, Territorial, Local and'Tribul Government" or other guidenacc issued by the Federal Government. OC'E, may request any supporting documentation it deems accessary to fully evaluate Public Body's eligibility. ?_'. If OC k determines that Public Body is eligible to receive a distribution, C'ounly %eill distribute the eligible anwunt to Public Body. ;. Countr is not obligated or required to distribute any C )akland'Togelher CVT funds to Public Bod) IH X T. determines that public Bode k not eligible to receive the funds, nr if the anurunl ul Oakland *1 ogc(her CVT funds available arc not nullicicnt fo Fulfill Public Body's I.xpcnc here Submission Donn. I.\fler Nocen)hcr 30, 2020, County will not accept any hither Pxpenditurc Submission Pormx from Puhlic Bud}, and County will retain lite halancr ofany Oaklund'I opethcr CV I funds fur t+high Puhlic Bode \aas originally eligible, but which arc not Cmered by an approved I.\penditurc Submission I'orm. Page of 7 OAKLAND TOCE HIER CARES A('T CVT FUND - IN'1 ERLOC'AL AGRFENIFN"1' 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 oras 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 Foma 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 Governmems."I 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) 13 ublic 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 fiords 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 I, 2020 and ends on December 30, 2020. 33. 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 Porn. 3.10. 1 f Public Body receives an amount of lunding from the federal or state government to cover expenses for which Public Body received Oak land Together CVT funds, Public Body shall return that amount of Oakhurd 'together CVT IUnds to County. 3.11. Public Body shall keep records ofall expcndiuues of Oakland Together CVT fiends sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 3.3 for a period ol' l0 (len) years, at a minimum. :3.12. Public Body shall produce said records of expenditures upon request by County or OCT, or as required by any future audit ofthc CARES Act program. rhisdOCLIJIMIris,wuitnbleWhup."Ippuc.trcn+ugpm rm11'h1cs'I;n(.'oraun�irnc-RCII,CI-Fund-tiuidunce-kx-'+latc- IernluiI'll -Local-.wd I i ilmk iov crnineniti,pol Page 3of7 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 L?xpenditure 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 finds in violation of the CARFS Act requirements or this Agreement, Public Body shall be required to return that amount of money to County. 3.1 >. 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, COUT11V or the Oakland County Treasurer, at their sole option, shall be entitled to set off Iron any other Public Body funds that are in County's possession for any reason, including but not limited to, the Oakland County Delinquent Tux Revolving Fund ("DTI717"), ifapplicable. 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", 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 Countv on an ongoing and successive basis ii'Public Body becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if( ounty pursues any legal action in any covet to secure its payment under this Agreement, Public Body agrees to pay all costs and expenses, including attorney Ices 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 lin, Freedom of lulbrmalion Act requests relating to Public Body's records, data, or other information. 4. DI IRATION OF INTERLOCAL AGREEMENT. 4.1 . This Agreement shall be cilective when execute.(] by both Parties with resolutions passed br the governing bodies of each Party. 'file approval and terms of this Agrecurcnt shall be entered in the official minutes nf'the governing bodies of each Party. An executed copy of this Agreement and any amendments shall lie tiled by the County Clerk vvith the Secreun) of State. 4—'. I'lus Agreement shall remain in cfl'cct 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 refit irenunts of Section 3 after the termination of this Agrecmcnt if necessary. ASSURANC EN 1. Resnonsibilih, for Claims. I.ach Party shall be responsible fin any Claims made against that I'arh' 67 �t third party, and fur the acts of its cnlpfoyces ;wising under or related to this; Agrecment. '. Resuonsibilift for Attorney' Fees and Costs. I:\rcpt as provided Ibr in Section 3. 10, in ❑m ('Crim that ma} m iw (rani llir perfi rmancr of this ,\erccmcnt, Inch Party shall wel, it, o»n Page -1 of), 0;kKI.AiN'1) TOG EHIE'lir CARES A(" F (V 1' F11NI) - INTE, RIMCA 1, AG ItFFIN F:N'l' legal representation and beat- 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 tinder 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. 5A. 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 Riehts. 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 Cor either Party. 5.6. Authorization and Completion of Atweement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 5.7. Comnliance with Laws. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 6. TERMINATION OR CANCELLATION OF AGREEMENT. 6.1. County may terminate or cancel this Agreamem at any time if it determines that Public Body has expended Oakland Together CVTfunds in violation of CARES Act requirements or this Agreement. Either ( ICI? or the Board of C'omm-nissioners 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 ofmoney 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 dues not wish to receive any Oakland Together C'V•1' 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 to ninates or cancels this agreement they shall provide writtcrt notice to the other Party in the manner described in Section 13. pEITGATION OR ASSICNMENT. Neither Party shall delegate or assign any obligations or riphts under this Agreement without the prior written consent of the other Party. NO TIIIRD- PARTY BENEFICIARIES, I{scept as provided Ior the beIle lito f the I'atics, this Agreement docs IIIA and is not intended to create any obligation, duly, promise. contractual right or bcncht, richt to indcruldlicatiun, right to suhrugaliun, and/or any other right in favor of any other person or eutiq. 9NO IMPLIED NVAIVER. Absent a written naive', no act, failure, or delay by a Party' to purser or enlurce any right's or remedies under this Agreement shall constitute a waiver of those rights t+ith rcuard to any cxkting o subsequent breach of this Agreement. No \taivcr rnl'anv term, condition, or loo inion of this Agreement, nthethe' by conduct ur otherwise, in one or more iustanccs shall be drrnxl or conshucd as a continuing uaivwr ofany teen, condition, o provision of this Agreclo nt Pa} e 5 ol'7 OAKLAND TOGETIIFR CARES AC1 CVT Fl IND - INTERLOCAL. Ali;R1,:1,:VIEN'f No waiver by either Party shall subsequently affect its right to require strict performance ofthis 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 torcc. 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. 11 CAPTIONS, The section and subsection numbers, captions, and any index to such secfiuns and subsections contained in this Agreement, arc intended for the convenience of the reader and arc 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 he 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 I I.S. mail. 13.1. If Notice is sett to Comity, it shall be addressed and sent to: Oakland County Executive, 2100 Pontiac Lake Rd., Waterford, Ml, 48328, and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Ml, 48341. 13.2. 1 f Notice is sent to Public Body, it shall be addressed to: 1440 Rochester Road, Leonard, MI 48367 14 COVERNINC LAW/("ONSEN'r'ro wRISDICTION AND VENUE,. This Agreement shall be governed, interpreted. and enforced by the laws of the State of Michigan. Except as otherwise required by late or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall he brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United Stades District Court lar the liastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the count, Except as olhertvise required by law or court rule, Vemre is proper in the courts set firth aboyc, 15 SURVIVAL OF TERMS.'fhe following terms and condition~ shall survive and continue in full fwve beyond (he termination or cancellation of this Contract (or any part thereof) until the terms and arnditionti arc fully satisfied or expire by their nann'c: Definitions (Section I ); /SSsuranccs (Section 5); Nn "Third -Party Bcncliciaries (Section 8): No Implied Waiver (Section 9): Severability (Section I0): Precedence of Documents (Section I I ): Governing LaWWOTISCut to Jurisididion and Venue (Section 14); Survival of, Perms (Section 15): Entire Agreement (Section 16), and the record keeping,. reporting, audit cougiliaTIC c, and fund return provisions of See IioIT 3, lo, ENTIRE AGREEMENT. Ib 1, 'Phis Arreemcnt represents the entire agrecmcnt and understanding, between (he Parties wpardinp, the Oakland op,011cr (W] Pandy W'ith regard to the Oakland 'I ogether (XI furls, this Agrcemrot tiupersedeS all other oral or written agreements between Tile Parties. Pagc o of 7 O;4KL:�N'D "1'O(.1?"I'l1EId ('ARES ACT CVT FUND - INTERLOCAL MAZEFMENT 162. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Part}'. IN WITNESS WHEREOF, Bruce Pearson,'fownship Supervisor hereby acknowledges that he/she has been authorized by a resolution of' the Addison 'Township, 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 ofthis Agreement. Z, FAECUTED: 'A161111 Cjt'a Bruce Pearson, Township Supervisor Addison Township WITNESSED: .tIne Martel, Deputy Supervisor Addison 'Township DA'L'E: � 'r_.',-t'72'2J 1N W I I'NESS WI LEREOP, David Woodward, Chairperson, Oakland County Board of Commissioners, herehy acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland Comity, and hereby accepts and binds Oakland County to the ternis and conditions of this Agreement. IiXECtITED: Wll'NI'SSED: David Woodward, Chairperson Oakland County Board of Commissioners Oakland County Board of Commissioners Counts' of Oakland paec 7 of 7 DATE: DAT L: OAKI,AND'I OC E'THEIR CARES ACT CVT i' FEND - IN'TTRI,C)C'AL AGREEMFIN'I' Resolution #20310 August 6, 2020 Moved by Long seconded by Spisz to suspend the rules and vote on Miscellaneous Resolutions #20310 through #20320 — Board of Commissioners — Approval of Interlocal Agreement with (Jurisdiction) for Distribution of CARES Act Funding. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolutions #20310 through #20320 — Board of Commissioners — Approval of Interlocal Agreement with (Jurisdiction) for Distribution of CARES Act Funding carried. Moved by Long seconded by Spisz resolutions #20310 - #20320 be adopted. Vote on resolutions: AYES: Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman, Jackson, Kochenderfer, Kuhn, Long. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions were adopted. a,(�L 1 HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI, 46,669A (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 August 6, 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 6th day of August, 2020. Lisa Brown, Oakland oCounty