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HomeMy WebLinkAboutResolutions - 2020.10.21 - 33794MISCELLANEOUS RESOLUTION _#20482 BY: Commissioner Helaine Zack, District #18 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF HAZEL PARK 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 Hazel Park 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 Hazel Park and recommends the disbursement of $129,092.95 to the City of Hazel Park from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS the City of Hazel Park 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 Hazel Park and authorizes the distribution of $129,092.95 from the Oakland Together Local Government Partnership program to the City of Hazel Park 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 Hazel Park. 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 Hazel Park. 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. �t" Th' Commissioner Helaine Zaciad District #18 REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS 10/20/2020 Prep BOC Packet I Laserfche Forms ATTACHMENT A Oakland Together COVID Support Fund Expenditure Submission Form Application ID 10973M Government Facility receiving Funds Payee Hazel Park Local Government Facility Municipality (CVT) Library/Community Center/Senior Center CVT Name Hazel Park Government Facility Street Address Mailing Address City Postal / Zip Code Submission Information Name Melissa Schwartz Title City Attorney Email mschwartz(a)hazel oark.orq Phone 248-547-4741 Authorized Official Individual authorized to sign Interlocal Agreement Name Edward Klobucher Title City Manager Email eklobuchernhazel oark.oro Phone 248-547-4060 Funding Information State / Province / Region Country https //publjcdocs.oakgov.com/Forms/form/approval/e8ga62ag-5977-4c90-ad2b-f65371 b08eef?hideHeader=true 1/4 10/20/2020 Prep BOC Packet I Laserfiche Forms Payment Method Remittance Address Expenditures Expenditure ID 10973M-1 Electronic (ACH) _ Check Payment Address 111 E 9 Mile Rd City Hazel Park State MI ZIP Code 48030 Expenditure Health and Safety Measures - Description Personal Protective Equipment Expenditure Category Personal Protective Equipment Start Date 9/22/2020 End Date Amount $ 13,821.83 Compliance Explanation Purchase of necessary personal protective equipment and health and safety measures in connection with COVID-19 pandemic and/or state and county health orders. Compliance Records See attached spreadsheet and its attachments 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. Submission C for Oakland Cou... 1.97MB Expenditure Approval* Approved Rejected Expenditure Expenditure Wages for employee work not - ID Description related to typical employment 10973M-2 duties but related to COVID safety measures Expenditure Category Budgeted Personnel and Services Diverted to a Substantially Different Use https://publicdoes.oakgov.com/Formslform/approval/e89a62a9-5977-4c90-ad2b-f65371 b08ecf?hideHeader--true 2/4 10/20/2020 Prep BOC Packet I Laserfiche Forms Start Date 9/22/2020 End Date Amount $ 776.96 Compliance Explanation Budgeted employee was diverted to a substantially different use to facilitate public health and safety due to COVID-19 pandemic and/or state or county health orders. Compliance Records See attached spreadsheet and its attachments 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. Submission D for Oakland Cou... 481.46KB Expenditure Approval Approved Rejected Total Submitted Amount $ 14,598.79 Total Approved Amount $ 14,598.79 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 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: https://publicdocs.oakgov.com/Forms/form/approval/e89a62a9-5977-4c90-ad2b-f65371 b08ecRhideHeader-true 314 10/20/2020 Prep BOC Packet I Lasertiche Forms • 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 9/22/2020 Submit https //publicdocs.oakgov.com/Forms/form/approval/e89a62a9-5977-4c90-ad2b-f65371 b08ecf?hideHeader--true 4/4 10/20/2020 Prep BOC Packet I Laserfiche Forms Oakland Together COVID Support Fund Expenditure Submission Form Application ID 10975M Government Facility receiving Funds Payee Hazel Park Local Government Facility Municipality (CVT) Library/Community Center/Senior Center CVT Name Hazel Park Government Facility Street Address Mailing Address City State / Province / Region Postal / Zip Code Country Submission Information Name Melissa Schwartz Title City Attorney Email mschwartz0hazeloark.orq Phone 248-547-4741 Authorized Official Individual authorized to sign Interlocal Agreement Name Edward Klobucher Title City Manager Email eklobucher(a�hazel Dark. ora Phone 248-547-4060 Funding Information https:/Ipublicdocs.oakgov.com/Forms/form/approval/d2027e96-Ob7d-4939-ae79-690265ef4G36?hideHeader--true 1/3 10/20/2020 Prep BOC Packet I Laserfiche Forms Payment Method Remittance Address Expenditures Expenditure ID 10975M-1 Electronic (ACH) Check Payment Address 111 E 9 Mile Rd City Hazel Park State MI ZIP Code 48030 Expenditure Health and Safety Measures - Description Personal Protective Equipment Expenditure Category Personal Protective Equipment Start Date 9/22/2020 End Date Amount $ 1,140.44 Compliance Explanation Purchase of necessary personal protective equipment and health and safety measures in connection to COVID-19 pandemic and/or state and county health orders. Compliance Records See attached spreadsheet and its attachments 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. Submission G for Oakland Cou... 1.33MB Expenditure Approval Approved Rejected Total Submitted Amount $ 1,140.44 Total Approved Amount $ 1,140.44 Compliance Requirements https://publicdocs.oakgov.com/Forms/form/approval/d2027e96-Ob7d-4939-ae79-690265ef4c36?hideHeader=true 2/3 10/20/2020 Prep 30C Packet I Laserfche Forms 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 9/22/2020 https:#publicdocs.oakgov.com/Formslform/approval/d2027e96-Ob7d-4939-ae79-690265ef4c369hideHeader-true 3/3 10/20/2020 Prep BOC Packet I Lasediche Forms Oakland Together COVID Support Fund Expenditure Submission Form Application ID 10967M Government Facility receiving Funds Payee Hazel Park Local Government Facility Municipality (CVT) Library/Community Center/Senior Center CVT Name Hazel Park Government Facility Street Address Mailing Address City Postal / Zip Code Submission Information Name Melissa Schwartz Title City Attorney Email mschwartv@ hazel oark. ora Phone 248-547-4741 Authorized Official Individual authorized to sign Interlocal Agreement Name Edward Klobucher Title City Manager Email eklobucher(c)hazel oark.ora Phone 248-547-4060 Funding Information State / Province / Region Country https:/Ipublicdocs.oakgov.com/Forms/form/approval/Ofl151 bc-668b-4e01-8c35-4d268472333b?hideHeader=true 1 /4 10/20/2020 Prep BOC Packet I Laserfiche Forms Expenditure Approval* Approved , _ Rejected Total Submitted Amount $ 113,353.72 Total Approved Amount $ 113,353.72 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 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 9/22/2020 Submit https://publicdocs.oakgov.com/Forms/form/approval/Of1151 bc-668b-4e01-8c35-4d268472333b9hideHeader=true 4/4 AGREEMENT FOR CARES ACT DISTRIBUTION BEST E�ENTAGENDA OAKLAND COUNTY AND CITY OF HAZEL PARK ATTACHMENT B 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 Hazel Park ("Public Body"), 111 E. Nine Mile Road, Hazel Park, Michigan 48030. County and Public Body may be referred to individually as a "Parry" and jointly as "Parties". PITRPOSF, OF AGRF ,W County and Public Body enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of County distributing a portion of its CARES Act funds to Public Body. County has allocated a portion of its CARES Act funds to be distributed to CVTs within Oakland County, which will be used to assist CVTs in meeting certain areas of need caused by the COVID-19 pandemic. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DFF1NITiONS. 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, includin.but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or Public Body, or for which County or Public Body may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.3. Confidential Information means all information and data that County is required or permitted by law to keep confidential, including records of County' security measures, including security plans, security codes and combinations, passwords, keys, and security procedures, to the extent that the records relate to ongoing security of County as well as records or information to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs relating to ongoing security measures, capabilities and plans for responding to violations of the Michigan Anti -terrorism Act, emergency response plans, risk planning documents, threat assessments and domestic preparedness strategies. 1.4. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m Page 1 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 1.6. Public Bodv means the City of Hazel Park 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 Bodv Emnlovee 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. 1.8. CARES Act funds means the money distributed to the County by the United States Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act. 1.9. CVTs means Cities, Villages, and Townships. 1.10. Oakland Together CVT funds means that portion of the CARES Act funds which the County has allocated to CVTs within Oakland County. 1.11. Expenditure Suhmicsinn Form means the form which Public Body must complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together CVT funds to Public Body. 1.12. OCE means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Oversisht Cnmmittee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together CVT funds. 2. COUNTY RESPONSYBiLMF-S. 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 Relief Fund Guidance for State, Territorial, Local and Tribal Government" or other guidance issued by the Federal Government. OCE may request any supporting documentation it deems necessary to fully evaluate Public Body's eligibility. 2.2. If OCE determines that Public Body is eligible to receive a distribution, County will distribute the eligible amount to Public Body. 2.3. County is not obligated or required to distribute any Oakland Together CVT funds to Public Body if OCE determines that public Body is not eligible to receive the funds, or if the amount of Oakland Together CVT fiords available are not sufficient to fulSll Public Body's Expenditure Submission Form, 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms from Public Body, and County will retain the balance of any Oakland Together CVT fiords for which Public Body was originally eligible, but which are not covered by an approved Expenditure Submission Form. Page 2 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 2.5. If County retains the balance of Oakland Together CVT funds not covered by an approved Expenditure Submission Form under Section 2.4, County may redistribute any or all of that amount to other eligible CVTs or as otherwise deemed appropriate by OCE. 2.6. OCE will work in collaboration with the Oversight Committee in determining Public Body's eligibility for Oakland Together CVT funds, and the amount of said funds to be distributed to Public Body. 3. PUBLIC BODY RFSPONSJLUaE . 3.1_ Public Body may be eligible to receive a portion of Oakland Together CVT funds. Public Body shall complete and submit an Expenditure Submission Form to OCE and receive OCE approval prior to the receipt of any Oakland Together CVT funds. 3.2. In its first Expenditure Submission Form, Public Body shall only apply for Oakland Together CVT funds to pay for expenditures or programs already made by Public Body, or for funds to pay Public Body's required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.3_ Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together CVT funds, including, but not limited to, Section 601(d) of the Social Security Act and the "Coronavirus Relief Fund Guidance for State, Territorial, Local and Tribal Govemments."1 3.4. Public Body shall not submit an Expenditure Submission Form for any expense which is eligible to be covered by a FEMA (Federal Emergency Management Agency) Public Assistance Reimbursement. Public Body may use Oakland Together CVT funds to pay the required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.5. Public Body shall only expend Oakland Together CVT fonds to pay for expenses incurred due to the COVID-19 public health emergency, and which expenses were not accounted for in Public Body's most recently approved budget as of March 27, 2020. 3.6. Public Body shall only expend Oakland Together CVT funds for expenses incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 3.7. Public Body shall not use Oakland Together CVT funds as revenue replacement. 3.8. Public body shall not redistribute Oakland Together CVT funds, except Public Body shall be allowed to provide direct assistance to individual residents of Public Body, and pay vendors and service providers, as permitted by the CARES Act. 3.9. Public Body shall not expend Oakland Together CVT funds in any manner that Public Body did not include in a submitted and approved Expenditure Submission Form. 3.10. If Public Body receives an amount of fimding from the federal or state government to cover expenses for which Public Body received Oakland Together CVT funds, Public Body shall return that amount of Oakland Together CVT funds to County. 3.11. Public Body shall keep records of all expenditures of Oakland Together CVT funds sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 3.3 for a period of 10 (ten) years, at a minimum. 3.12. Public Body shall produce said records of expenditures upon request by County or OCE, or as required by any future audit of the CARES Act program. This document is available at htLns://home.treasurv.9ov/system/files/136/Coronavirus-Relief-Fund-Cyuidance-for-State- Territorial-Local-and-Tnbal-Governments.ndf Page 3 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 3.13. Public Body shall submit records to OCE within 30 (thirty) days after expenditure of Oakland Together CVT funds with a detailed description of how the funds were expended and how the expenditure of funds complied with the CARES Act guidance unless Public Body has already submitted said records with its Expenditure Submission Form. 3.14. In the event it is determined by OCE, or any other audit under the CARES Act program, that Public Body expended an amount of Oakland Together CVT funds in violation of the CARES Act requirements or this Agreement, Public Body shall be required to return that amount of money to County. 3.15. In any case where Public Body is required to return an amount of money to County under this Agreement, Public Body agrees that unless expressly prohibited by law, County or the Oakland County Treasurer, at their sole option, shall be entitled to set off from any other Public Body funds that are in County's possession for any reason, including but not limited to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or retention of funds by County shall be deemed a voluntary assignment of the amount by Public Body to County. Public Body waives any Claims against County or its Officials for any acts related specifically to County's offsetting or retaining of such amounts. This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by County was actually due and owing under this Agreement. 3.16. Nothing in this Section shall operate to limit County's right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to County under this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if Public Body becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure its payment under this Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and court costs, incurred by County in the collection of any amount owed by Public Body. 3.17. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. 4. DURATION OF INTERLOCAL AGREEMENT. 4.1. This Agreement shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party. The approval and terms of this Agreement shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 4.2. This Agreement shall remain in effect until January 31, 2021, or until cancelled or terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall comply with the record keeping, reporting, audit response, and fund return requirements of Section 3 after the termination of this Agreement if necessary. 5. ASSURANCES. 5.1. Resuonsibility 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. Responsibility 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 Parry shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees. Page 4 of 7 OAKLAND TOGETHER CARES ACT CVT FUND-1NTERLOCAL AGREEMENT 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 CVT funds and/or for noncompliance with this Agreement by Pubic Body Employees. 5.5. Reservation of Rights,. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 5.6. Authorization and 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. Compliance with Laws. Each Parry 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 C.ANCFLLATTO nF A rFFEMENT. 6.1. County may terminate or cancel this Agreement at any time if it determines that Public Body has expended Oakland Together CVT funds in violation of CARES Act requirements or this Agreement. Either OCE or the Board of Commissioners is authorized to terminate this Agreement under this provision. If County terminates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement. County may utilize the provisions in Sections 3.15 — 3.16 to recoup the amount of money owed to County by Public Body. 6.2. Public Body may terminate or cancel this Agreement at any time if it determines that it does not wish to receive any Oakland Together CVT funds. If Public Body terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together CVT funds it has already received. 6.3. If either Party terminates or cancels this agreement they shall provide written notice to the other Party in the manner described in Section 13. T DELECTATION OR ASSTGNMPNT. Neither Parry shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THTRD-PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 9. NO IMPLIED WATVF,R. 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. Page 5 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT I0. SEVERABILITV_ If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 11. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms and conditions of any of the documents that comprise this Agreement, the terms in the Agreement shall prevail and take precedence over any allegedly conflicting terms and conditions. 12. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender, and any use of the nominative, objective or possessive case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 13 _ NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing first class or certified U.S. mail. 13.1. If Notice is sent to County, it shall be addressed and sent to: Oakland County Executive, 2100 Pontiac Lake Rd., Waterford, MI, 48328, and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, MI 48341. 13.2. If Notice is sent to Public Body, it shall be addressed to: Edward Klobucher, City Manager, City of Hazel Park, 111 E. Nine Mile Road, Hazel Park, MI 48030. 14. GOVERNING LAW/CONSENT TO .TIJRTSDTCTTON AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 15. SURVIVAL OF TF,RMS 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 Jurisdiction and Venue (Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record keeping, reporting, audit compliance, and fund return provisions of Section 3. 16. ENTIRE AGREEMENT. 16.1. This Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together CVT funds with regard to the Oakland Together CVT funds, this Agreement supersedes all other oral or written agreements between the Parties. 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. Page 6 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT IN WITNESS WHEREOF, Edward Klobucher, City Manager, hereby acknowledges that he/she has been authorized by a resolution of the Hazel Park City Council, 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. EXECUTE Z%�� Edward Klobucher, City Manager City of Hazel Park WITNESSED: Jamas'rmkley, " Cl DATE: 6 a /C— 3-� DATE: C _ a Co — D O IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: WITNESSED: David Woodward, Chairperson Oakland County Board of Commissioners Oakland County Board of Commissioners County of Oakland Page 7 of 7 DATE: DATE: OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT City Council Meeting Minutes June 23, 2020 Due to the COVID-19 pandemic, a City of Hazel Park Regular City Council meeting was held on Tuesday, June 23ro, 2020 via Zoom video/telephone conferencing in accordance with Executive Order 2020-75. Mayor Webb called the meeting to order at 6:03 p.m. Present: Mayor Webb, Mayor Pro Tern Sullivan, Councilmember Aubry, Councilmember LeCureaux, Councilmember McFall Absent: None CONSENT AGENDA 1. Approve City Council Meeting Minutes 6/9/2020 2. Approve Business License for Neu Chiropractic: 624 E. Nine Mile Rd. 3. Pending Business Licenses (Informational — Receive & File) 4. Invoice Approval List 5. Approve temporary Traffic Control Order: #534 Section IV 6. Approve Sale of 1998 Elgin Street Sweeper 7. Interlocal Agreement w/ Oakland County for Appointments of Arraignment -only Attorneys in the Oakland County Jail 8. Agreement w/ Oakland County for CARES Act Distribution 9. Approve purchase of Water Dept. Dump Truck 10. Resolution #06-013-20: Amended FY 2020-21 Budget Resolution 11. FY 2019-20 General Fund Final Budget Adjustments CO-06-101-20 Motion to Aoorove Consent Aaenda as Revised: Motion by LeCureaux, second by McFall, to Approve the Consent Agenda. All in favor. Motion carried unanimously. I, James Finkley, Clerk for the City of Hazel Park, do hereby certify that the foregoing is a true and compared portion of minutes of the Hazel Park City Council at a regular Meeting on June 23rd, 2020. Jam Finkle CitY Cie .41 .•N a7f< 4,F eu' :n= NC' AYGRTEO ..tea 1314 COUAA Resolution #20482 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 AgreementtApplication 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. u I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on 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 215t day of October, 2020. A�C 4I Lisa Brown, Oakland County