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Home My WebLink AboutResolutions - 2022.10.21 - 33784MISCELLANEOUS RESOLUTION #20472 BY: Commissioners Michael J. Gingell, District# 1; Tom Kuhn, District #11 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH AUBURN HILLS PUBLIC LIBRARY 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 Auburn Hills Public Library 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 Auburn Hills Public Library and recommends the disbursement of $873.32 to the Auburn Hills Public Library from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS the Auburn Hilts Public Library 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 Auburn Hills Public Library and authorizes the distribution of $873.32 from the Oakland Together Local Government Partnership program to the Auburn Hills Public Library 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 Auburn Hills Public Library. 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 Auburn Hills Public Library. 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, we move for the adoption of the foregoing resolution. Commissioner M' ael J. Ginge� Commissioner Tom Kuhn District #1 District #11 REQUESTING, SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS 10/13/2020 Prep BOC Packet 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 10422M Government Facility receiving Funds Local Government Facility Municipality (CVT) School Library/Community Center/Senior Center Street Address City Government Facility Mailing Address State / Province / Region Postal / Zip Code Country Submission Information Name Lawrence Marble Title Library Director Email madb el@ahplibrary.org Phone 248-364-6705 Authorized Official Individual authorized to sign Interlocal Agreement https:Ypublicdocs.oakgov.com/Forms/form/approval/3b6ffaBB-64ec-45ab-aBe3-e98b827ea7Oc?hideHeader=true 1/4 10/13/2020 Prep BOC Packet i Laserfiche Forms Name Lawrence Marble Title Library Director Email marb el@ahp ibrary.org Phone 248-364-6705 Funding Information Payment Method Electronic (ACH) Check Payment Remittance Address 3400 E. Seyburn Drive Auburn Hills Address city State MI ZIP Code 48326 Expenditures Expenditure ID 10422M-1 Expenditure Description Disposable masks Expenditure Category Personal Protective Equipment Start Date 5/6/2020 End Date Amount $ 396.00 Compliance Explanation Mask for staff and public to wear upon reopening the library to the public Compliance Records 396.00 hops://publicdocs.oakgov.com/Forms/form/approval/3b6ffa86-64ec-45ab-a8e3-e98b827ea70c?hideHeader=true 2/4 10/13/2020 Prep BOC Packet 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. TLN.pdf Expenditure Approval' Approved , Rejected Total Submitted Amount $ 396.00 Total Approved Amount $ 396.00 Compliance Requirements 12.28KB 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 The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. 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 8/3/2020 Submit https:/lpubliedoes.oakgov.com/Forms/form/approval/3b6ffa86-64ec-45ab-a8e3-e98b827ea7Oe?hideHeader=true 3/4 10/13/2020 Prep BOC Packet i Laserfiche Forms 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 10423M Government Facility receiving Funds Local Government Facility Municipality (CVT) , School i Library/Community Center/Senior Center Street Address City Government Facility Mailing Address State / Province / Region Postal / Zip Code Country Submission Information Name Lawrence Marble Title Library Director Email marblel - ahplibrgry.org Phone 248-364-6705 Authorized Official Individual authorized to sign Interlocal Agreement https://publicdocs.oakgov.com/Forms/form/approval/63d6egOl-71ge-4802-b4fd-520d27eOfbda9h!deHeacier=true 1/4 10/13/2020 Prep BOC Packet I LaserFlche Forms Name Lawrence Marble Title Library Director Email marb el@ahpllbrary org Phone 248-364-6705 Funding Information Payment Method Electronic (ACH) Check Payment Remittance Address 3400 E. Seyburn Drive Auburn Hills Address City State MI ZIP Code 48236 Expenditures Expenditure ID 10423M-1 Expenditure Description Hanging Sneeze guard Expenditure Category Items Not Listed Above Start Date 4/10/2020 End Date Amount $ 328.45 Compliance Explanation Hanging guards for our Circulation Service desk which is public facing Compliance Records 328.45 https://publiedocs.oakgov.com/Forms/form/approval/63d6e90l-719e-4802-b4fd-520d27eOfbda?hideHeader=true 2/4 10/13/2020 Prep BOC Packet 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. DGS APRIL.pdf 24.12KB Expenditure Approval* Approved Rejected Expenditure ID 10423M-2 Expenditure Description Personal Counter Sneeze Gaurds Expenditure Category Items Not Listed Above Start Date 5/18/2020 End Date $ 148.87 Amount Compliance Explanation These guards were for two service desk in adult and youth department 148.87 Compliance Records 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. DGS MAY.pdf 23.9KB Expenditure Approval* Approved Rejected Total Submitted Amount $ 477.32 Total Approved Amount $ 477.32 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 https://publicdocs.oakgov.com/Forms/form/approval/63d6e9Ol-719e-4802-b4fd-520d27eDfbda?hideHeader=true 3/4 10/13/2020 Prep BOC Packet I Laserfche Forms The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. 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 8/3/2020 Submit https:llpubliedocs.oakgov.com/Forms/form/approval/63d6e901-719e-4802-b4fd-520d27eDfbda?hideHeader=true 414 ATTACHMENT B AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND [AUBURN HILLS PUBLIC LIBRARY] This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the [Auburn Hills public library] ("Public Body") [3400 E. Seybum Drive Auburn Hills, MI 48376 ]. 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 public bodies, including libraries, community centers, and senior centers within Oakland County, which will be used to assist those public bodies 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: I.I. Agreemen 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. Page 1 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT I.S. jay means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.6. Public Body means the [Auburn Hills Public Library] 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 LCSC 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. 1.8. CARES Act fry@, 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. LCSC(s) means public libraries, public community centers, and public senior centers. 1.10. Oakland Together LCSC fundq means that portion of the CARES Act funds which the County has allocated to LCSCs within Oakland County. 1.11. Ermenditure Submission Form is a form which Public Body must complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together LCSC funds to Public Body for expenses already incurred by Public Body. 1.12. = means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Overslebt (' ommittee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together LCSC funds. 1.14, Purchase Order is a form which Public Body must complete and submit to OCE if it is seeking funds for an expense that Public Body intends to incur during the period prior to December 31, 2020, but after the date on which it submits the Purchase Order to OCE. 2. COTTNTV REUDNSTRTLTTTE5. 2.1. OCE will review Public Body's Expenditure Submission Forms and/or Purchase Orders to determine whether Public Body is eligible to receive a distribution of Oakland Together LCSC 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 LCSC funds to Public Body if OCE determines that Public Body is not eligible to receive the funds, or if the amount of Oakland Together LCSC funds available are not sufficient to fulfill Public Body's Expenditure Submission Forms or Purchase Orders. Page 2 of 7 OAKLAND TOGETHER. CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms or Purchase Orders from Public Body, and County will retain the balance of any Oakland Together LCSC funds which are not covered by an approved Expenditure Submission Form or Purchase Order. 2.5, If County retains the balance of Oakland Together LCSC funds not covered by an approved Expenditure Submission Form or Purchase Order under Section 2.4, County may redistribute any or all of that amount to other eligible public bodies 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 LCSC funds, and the amount of said funds to be distributed to Public Body. 3.1. Public Body may be eligible to receive a portion of Oakland Together LCSC funds. Public Body shall complete and submit an Expenditure Submission Form or Purchase order to OCE and receive OCE approval prior to the receipt of any Oakland Together LCSC funds. 3.2. In an Expenditure Submission Form, Public Body shall only apply for Oakland Together LCSC funds to pay for expenditures or programs already made by Public Body. 3.3. In a Purchase Order, Public Body shall only apply for Oakland Together LCSC funds to pay for expenditures that it intends to incur during the period between when the Purchase Order is submitted and December 31, 2020. 3.4. Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together LCSC 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."' 3.5. Public Body shall only expend Oakland Together LCSC 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 LCSC funds for expenses incurred during the period that begins on March 1, 2020 and ends on December 31, 2020. 3.7. Public Body shall not use Oakland Together LCSC funds as revenue replacement. 3.8. Public body shall not redistribute Oakland Together LCSC funds, except Public Body shall be allowed to pay vendors and service providers, as permitted by the CARES Act. 3.9, Public Body shall not expend Oakland Together LCSC finds in any manner that Public Body did not include in a submitted and approved Expenditure Submission Form or Purchase Order. 3.10. In Public Body receives Oakland Together LCSC funds as the result of an approved purchase order, LCSC must provide a foal paid invoice or receipt for the expenditure prior to December 31, 2020. 3.11. If Public Body receives an amount of funding from the federal or state government to cover expenses for which Public Body received Oakland Together LCSC funds, Public Body shall return that amount of Oakland Together LCSC funds to County. I This document is available at littns://home.treasurv.uov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State- Territoriai-Local-and-Tribal-Governments. odf Page 3 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 3.12. Public Body shall keep records of all expenditures of Oakland Together LCSC funds sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 2.1 for a period of 10 (ten) years, at a minimum. 3.13. 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. 3.14. Public Body shall submit records to OCE within 30 (thirty) days after expenditure of Oakland Together LCSC 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 or Purchase Order. 3.15. 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 LCSC funds in violation of the CARES Act requirements or this Agreement, Public Body shall be required to return that amount of money to County. 3.16. 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. 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. 3.17. 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. 3.18. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. 1 It :.. 1 } ► _ ' 1 _'-._ �! 1. � 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. Page 4 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 5.1. Resoonsibility 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. Resoonsibility for Attornev Fees and Costs. Except as provided for in Section 3.17, in any Claim that may arise from the performance of this Agreement, each Party shalt seek its own 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 Noncompliance. Public Body shall be solely responsible for all costs, fines and fees associated with any misuse of the Oakland Together LCSC 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 for either Party. 5.6. Authorization and Completion 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. Comolianee 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 ATION OF AGREEMENT. 6.1. County may terminate or cancel this Agreement at any time if it determines that Public Body has expended Oakland Together LCSC 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 3.16 — 3.17 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 LCSC funds. If Public Body terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together LCSC 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. LEGATION 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. Page 5 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 9. NO IMPLIED WAI$. 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. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10. SF'•VERABH,l . 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. l l . 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, NOTICE . Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or fast 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: [3400 E. Seyburn Drive, Auburn Hills, MI 48376]. 14. GOVERN NG LThis 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. Page 6 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 16. E,NT7.KF, ACREIENENT. 16.1. This Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together LCSC funds With regard to the Oakland "together LCSC funds, this Agreement supersedes all other oral or written agreements between the Parties. 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, [Richard Siepielski, Financial Officer] hereby acknowledges that he/she has been authorized by a resolution of the [Auburn Hills Public Library Board of Trustees], 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. 51 1' EXECUTED: DATE: 10/12/2020 [Richard Siepielski, Board of Trustees Financial Officer Auburn Hills Public Library] t WITNESSEDwMCA cD DATE: 10/12/2020 rence arbo, Library Director] 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 LCSC FUND - INTERLOCAL AGREEMENT Meeting Agenda Item Date: 10/12/2020 Attachment B Resolution Item: Oakland County CARES Act Grant -Approval of Interlocal Agreement Brief Descrintion of Item: The Auburn Hills Public Library was awarded funds from the CARES Act for reimbursement for PPE purchased between March -December which for us included service desks guards and masks. Oakland County requires us to submit a list of expenses with receipts by September 301 which I have done. We now need to submit a board -approved, signed copy of an Interlocal Agreement with Oakland County. This agreement is included in your board packet for review and approval Recommended Motion: To approve the Interlocal Agreement between Oakland County and the Auburn Hills Public Library and authorize Financial Officer, Richard Siepielski to sign on behalf of the library, witnessed by Library Director, Lawrence Marble Resolution #20472 October 21, 2020 Moved by Hoffman seconded by Powell to suspend the rules and vote on Miscellaneous Resolutions #20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement 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 #20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding carried. Moved by Hoffman seconded by Powell resolutions #20471 - #20497 and #20499 - #20514 be adopted. Discussion followed. Vote on resolution: AYES: Gershenson, Hoffman, Jackson, Kochenderfer, Long, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack. (17) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. =SOLUTION 1 HEREBY Af ''r ROVETHIS r. CHIEF DEFUTY COUNTY EXECUTIVE ACTING PURSUANTTO 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 October 21, 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 21 �t day of October, 2020. Lisa Brown, Oakland County