HomeMy WebLinkAboutResolutions - 2020.09.23 - 33698REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
MISCELLANEOUS RESOLUTION #2(L433
BY: Commissioners Janet Jackson, District #21; Nancy Quarles, District #17
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE
CITY OF SOUTHFIELD 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 City of Southfield 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 City of Southfield and recommends the disbursement of
$322,645.10 to the City of Southfield from the Oakland Together Local Government Partnership Grant
Program from CARES Act — Coronavirus Relief Funds; and
WHEREAS the City of Southfield 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 City of Southfield and authorizes the distribution
of $322,645.10 from the Oakland Together Local Government Partnership program to the City of
Southfield 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 City of Southfield.
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 City of
Southfield.
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.
L �(�Gi ('lpZ
Co mi�nfJa Co�ner nc Quarles
District #21 District #17
y
9/21/2020
Expenditure Review I Laserfiche Forms Attachment A
Oakland Together COVID Support Fund Expenditure Submission Form
This online submission form is used by the following separate grant programs:
• Local Government (cities, villages and townships)
• Libraries, Senior Centers and Community Centers
• School Districts
Basic Guidelines
• Funds are made on a reimbursement basis and may only be made available if the above entities have expenses that
meet the requirements of the federal CARES Act. Information and FAQs are available here.
• CVTs 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. CVT may use funds to pay the
25% "cost share" or"local match" required with FEMA reimbursement once that amount is approved by FEMA.
Review Best Practices for submissions here.
Application ID
10681M
Submission Information
Local Government Facility
Municipality (CVT) School Library/Community Center/Senior Center
What CVT are you located within?
Southfield
Name
Austen T Michaels
Title
Director of Fiscal Services
Email
amichaelsna citvofsouthfield.com
Phone
248-796-5264
Authorized Official
Individual authorized to sign Interlocal Agreement
Name
Kenson Siver
Title
Mayor
Email
ksiver@cityofsouthfield com
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Phone
248-796-5100
Funding Information
Payment Method
Electronic (ACH) Check Payment
Financial Institution Information
Name of Financial Institution
Nine -Digit Routing Transit Number
Account Number
Account Type
Checking , Savings
Expenditure Review i Laserfche Forms
I authorize Oakland County to deposit funds owed to the above payee/vendor by the County, by direct deposit
(electronic funds transfer). Information provided must be for U.S. Financial Institutions only.
I consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and
Oakland County's policy regarding electronic funds transfers as they exist on this date or as subsequently adopted,
amended, or repealed. Michigan law governs electronic funds transactions authorized by this agreement in all respects
except as otherwise superseded by federal law.
Expenditures
Expenditure ID 10681M-1
Expenditure Description August 4, 2020 Primary Election
Expenditure Category*
Date 8/4/2020
$ 44,079.67
Amount
Compliance Explanation
Additional supplies and equipment
necessary to protect the public health
and safety for the election.
Compliance Records
Supporting invoices to be emailed to
County. See attached spreadsheet.
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Expenditure Review i Laserfiche Forms
Attachment
All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance with section 601 (d) of the
Social Security Act.
CV -19 Election Expenditures. pdf 109.58KB
Expenditure Approval
Approved Rejected
Expenditure ID 10681M-2
Expenditure Description Equipment and PPE
Expenditure Category*
Date 3/2/2020
$ 78,365.71
Amount
Compliance Explanation
Equipment to preserve public health and
safety and to improve telework
capabilities of public employees to
enable compliance with COVID-19 public
health precautions. Includes local match
for expenditures submitted to FEMA
under the Public Assistance grant.
Compliance Records
Supporting invoices to be emailed to
County. See attached spreadsheet.
Attachment
All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance with section 601 (d) of the
Social Security Act.
CV -19 Equipment and PPE.pdf 126.99KB
Expenditure Approval
. Approved Rejected
Expenditure ID 10681M-3
Expenditure Description Medical and testing supplies
Expenditure Category*
Date 3/11/2020
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$ 6,980.38
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Amount
Compliance Explanation
Local Match for medical supplies and
testing supplies and equipment
submitted for reimbursement from FEMA
Public Assistance
Compliance Records
Supporting invoices to be emailed to
County. See attached spreadsheet.
Attachment
All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance with section 601 (d) of the
Social Security Act.
CV -19 Medical and Testing Supplies_Lo... 56.59KB
Expenditure Approval
Approved Rejected
Expenditure ID 10681M-4
Expenditure Description Public safety measures
Expenditure Category*
Date 4/7/2020
Amount
$ 145,627.19
Compliance Explanation
Public safety measures including
permanent glass barriers, directional
signs, and communications to promote
and preserve public health and safety.
Includes local match for expenditures
submitted to FEMA under the Public
Assistance grant.
Compliance Records
Supporting invoices to be emailed to
County. See attached spreadsheet.
Attachment
All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance with section 601 (d) of the
Social Security Act.
CV -19 Public Safety Measures.pdf 68.57KB
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Expenditure Approval
Approved Rejected
Expenditure ID 10681M-5
Expenditure Description Sanitizing Services and Misc
Expenditure Category*
Date 3/18/2020
Amount
$ 47,592.15
Compliance Explanation
Sanitizing and decontamination services,
lodging for quarantine of first responders,
security services for Career Center
(experiencing unprecedented volume
due to unemployment), additional carrier
costs to improve telework capabilities of
public employees to enable compliance
with COVID-19 public health precautions.
Includes local match for expenditures
submitted to FEMA under the Public
Assistance grant.
Compliance Records
Supporting invoices to be emailed to
County. See attached spreadsheet.
Attachment
All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance with section 601 (d) of the
Social Security Act.
CV -19 Services and Other.pdf 62.75KB
Expenditure Approval
Approved Rejected
Total Submitted Amount
$ 322,645.10
Total Approved Amount
$ 322,645.10
Compliance Requirements
By submitting this Form the applicant affirms that it will abide by each of the following requirements when using Oakland
Together COVID Support funds. Please check the box next to each requirement to confirm your intent to abide by these
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„z, The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus
Disease 2019 (COVID-19).
d The expenditures were not accounted for in the budget most recently approved as of March 27, 2020.
r, The expenditures were or will 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 (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 applicant will be provided with an Interlocal Agreement or Contract, which must be
executed prior to the release of any funds, and which lists further requirements including but not limited to:
• The applicant must agree to participate 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 applicant must agree that they have not received federal or state funds to cover these expenditures and in the
event they receive direct funding from the federal or state government to cover these expenses, the county money
will be returned.
Date Submitted
8/28/2020
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Attachment B
AGREEMENT FOR CARES AC T DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
CITY Or SOUTHFIELD
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the City of
Southfield ("Public Body") 26000 Evergreen Road, PO Box 2055, Southfield, MI 48037-2055
County and Public Body may be referred to individually as a "Party" and jointly as "Parties".
PURPOSE OF AGREI AJM, 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 finds 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 CVT,
in meeting certain areas of'need caused by the COVID-19 pandenic.
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. Aurgemen means the terms and conditions ofthis 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, acid 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 Im 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 1:cderal 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 infonnation 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 Cotmty Board of Commissioners,
elected and appointed officials, directors, hoard members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or nay such
persons' successors.
1,5. fty means any calendar day beginning at 12:00 a,m. and ending at 11:59 p.m.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
1.6. Public Body means the City of Southtietd 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 term 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.
f .8. CARES Act (ands 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 5091 ofthe 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 foods which the
County has allocated to CVTs within Oakland County.
1.11, Expenditure Submission Forol means the frn'm which Public Body must complete and
submit to the Office of the County Executive (OCE) prior to any disbursement of
Oakland `Together CVT fiutds to Public Body.
1.12, OC'E means the Office of the Oakland County Executive, which includes the Chief
Deputy and other Deputy County Executives.
1. 11 Oversieht Committee means the committee established by the Oakland County Board
of Commissioners in the resolution allocating the Oakitind Together CVT funds.
2. COUNTY RESPONSIBI ,IITIRS.
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 Oaldand Together CVT funds to Public
Body if OCT: determines that Public Body is not eligible to receive the fiords, or if the amount of
Oakland Together CVT funds available are not sufficient to fulfill Public Body's Expenditure
Submission Fort.
14, After November 30, 2020, County will not accept any fiuther 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.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
2.5. If County retains the balance of Oakland Together CVT fluids not covered by an approved
1.71xpenditure Submission Form under Section 2.4, County may redistribute any or all of that
amount to other eligible CVTs oras otherwise deemed appropriate by OCR,
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 finds. 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
it 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 (it) of the Social Security Act and the "Coronavirus Relief Fund Guidance for
State, Territorial, Local and Tribal Governments." 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) Public
Assistance Reimbursement. Public Body may use Oakland Together CVT funds to pay the
required 25% "cost share" or "local snatch" 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 omnis 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 CV'T funds in any manner that Public Body
did not include in it submitted and approved Expenditure Submission Form.
3.10. If Public Body receives an amount of finding fium the federal or state government to cover
expenses for which Public Body received OrMand 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, ata 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 athltos:lArome,h'easu v.eov/systemltiles1I30/Coronavlras�ReI1cf•Fund-Guidatice46r_-St_at_r-
Tcrritnrial-Local-, 95l-Tribal-Goveruments.ndf
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
3.13. Public Body shall submit records to OCE within 30 (thirty) days alter expenditure of
Oakland Together CVT funds with a detailed description of how the funds were expended
and how the expenditure of finds complied with the CARLS Act guidance unless Public
Body has already submitted said records with its Expenditure Submission laorm.
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 he 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 shalt 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 tinder 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 cull costs and expenses, including attorney lives 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)IJIZATION OF INTERI.00AI, AGREEMENT.,
4.I. This Agreement shall be effective when executed by'both Parties with resohrtions passed by
the governing bodies of each Party. The approval and terns 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. Resimnsibility 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 tinder 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
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OAKLAND TOGETIIFR CARES ACT CV7' 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 indeamilied or
reimbursed by the other Party or any of its agents in connection with any Claim.
5.4. Cosh. Fines, and Fees for Noncompliance. Public Body shall be solely responsible for
all costs, fines and ices associated with any misuse of the Ottldand'fogether Mr finds
and/or for noncompliance with this Agreement by Pubic Body Employees,
5.5. Reservation of Ri t its. 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 Comnletion of Aereement. 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 tinder this Agreement,
6. TERMINATION OR CANCELLATION OF Af:RI! EMMi .
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 he 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 lits already received.
6.3. If either Party terminates or cancels this agreement they shall provide written notice to the
other Party in the maturer described in Section 13.
7. PELEG TION OR ASSIGNMF,�';�;,. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
R. NO THIRD -PARTY BENEFICIARIES, Lxcept as provided for the benefit of the Parties, this
Agreement docs 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.
4. 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 -,my term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed us a continuing waiver of any terns, condition, or provision of this Agreement.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
No waiver by cither Patty shall subsequently affect its right to require strict performance of this
Agreement.
10. SEVERATIILITY. 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 he deemed severed from this
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in fill
force.
11. PR DENCF. OF DOCIfi1'TENZ. 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. CAP'11014S. 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 its the context requires.
13, NO'T'ICES. 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; (if) the next business day when notice is sent
express delivery service or personal delivery; or (iii) three days alley 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, Ml, 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 he addressed to: 26000 Evergreen Road, PO Box
2055, Southfield, MI 48037-2055.
14. C:OVF.IINTNC, LAW/C:ONSIfAT TO,ITTRitiD1C'I'ION ANI) V1r,NU,, 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'1 FRMS. The following terns 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 Jw•isidiction and Ventre
(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
regrading the Oakland Together CVT funds With regard to the Oakland Together CVT
funds, this Agreement supersedes all other oral or written agreements between the Patties.
Page 6 of 7
OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
lh The language of this Agreement shall be uoastrued as a whole according to its fair
meaning, and not construed strictly for or against any Party.
IN WITNESS WHEREOF, City ol'Southfield hereby acknowledges that he/she has been authorized by
a resolution of the City of Southfield, a certified copy of which is attached, to execute this Agreement
on behalf of Public Body and hereby accepts and binds Public Body to the terms and conditions of this
Agreement.
EXECUTED: G I� 0` t G�"I. 1 '' DATE:
Kenson J. Siver, Mayor
City of Southfield
WITNESSED: DATE:
i*iki'a/L Haw ins,City Clerk
City of Southfield
IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that lie 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 #20433 September 23, 2020
Moved by Zack seconded by Luebs to suspend the rules and vote on Miscellaneous Resolutions #20430
through #20437 - 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 #20430 through #20437 — Board of Commissioners — Approval of Interlocal Agreement with
(Jurisdiction) for Distribution of CARES Act Funding carried.
Moved by Zack seconded by Nelson resolutions #20430 - #20437 be adopted
Vote on resolutions:
AYES: Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub,
Weipert. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions were adopted.
c.L`
�OVETHIS RESOLUTION
I HEREBY AFP
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 September 23,
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 23rd day of September, 2020.
Lisa Brown, Oakland County