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HomeMy WebLinkAboutResolutions - 2020.10.21 - 33809MISCELLANEOUS RESOLUTION #20497 BY: Commissioner Michael Spisz, District # 3 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE VILLAGE OF OXFORD 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 Village of Oxford 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 Village of Oxford and recommends the disbursement of $2,949.65 to the Village of Oxford from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS the Village of Oxford 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 Village of Oxford and authorizes the distribution of $2,949.65 from the Oakland Together Local Government Partnership program to the Village of Oxford 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 Village of Oxford. 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 Village of Oxford. BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland Together Local Government Partnership Grant Program was authorized with Miscellaneous Resolution #20187 adopted on June 4, 2020. Chairperson, I move for the adoption of the foregoing resolution. Commissioner Michael Spisz District #3 REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS Oakland Together COVID Support Fund Expenditure Submission Form ATTACHMENT A 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 10830M Submission Information Local Government Facility r Municipality (CVT) r' School r Library/Community Center/Senior Center What CVT are you located within? Oxford Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Authorized Official Individual authonzed to sign Interlocal Agreement Funding Information Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Payment Method f Electronic (ACH) r Check Payment Remittance Address Address 22 W. Burdick Street Total Submitted Amount $ 360.64 Total Approved Amount $ 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 confine your intent to abide by these W The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). CJ The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. W The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. W 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 wdth 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 well be returned. Date Submitted 9/10/2020 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 wth FEMA reimbursement once that amount is approved by FEMA. - Review Best Practices for submissions here. Application lD 10831M Submission Information Local Government Facility r Municipality (CVT) r School r Library/Community Center/Senior Center What CVT are you located within? Oxford Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 /GlfWIT111 - e07t9 5TI Individual authorized to sign Interlocal Agreement Funding Information Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Payment Method r Electronic (ACH) C Check Payment Remittance Address Address 22 W. Burdick Street City Oxford State MI ZIP Code 48371 Expenditures Expenditure ID 10831M-1 Expenditure Description Cleaner, wipes and Spray Date 3/11/2020 Amount $ 16.08 Compliance Explanation Cleaning of surfaces in offices Compliance Records receipts 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 Secunty Act. Meijer 3-11-20.pdf 523.37KB Expenditure Approval* r Approved r Rejected Expenditure ID 10831M-2 Expenditure Description thermometers &Alcohol woes Date 3/30/2020 Amount $ 30.14 Compliance Explanation Thermometers for Officers, Compliance Records receipts 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. Meijer 3-30-20.pdf 505.81<8 Expenditure Approval* r Approved r Rejected Expenditure ID 10831M-3 Expenditure Description touchless thermometers Date 4/1/2020 Amount $ 74.09 Compliance Explanation Touchless thermometers for Essential workers Compliance Records receipts 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. Meijer 4-1-20.pdf 1.2MB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 120.31 Total Approved Amount $ 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 V The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). W The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. W The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. I7 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 9/10/2020 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 10833M Submission Information Local Government Facility (: Municipality (CVT) r School r^ Library/Community Center/Senior Center What CVT are you located within? Oxford Name Joseph Matthew Madera Title Village Manager Email manager@thevillageofoxrord.org Phone 248-628-2543 Authorized Official Individual authonzed to sign Interlocal Agreement Funding Information Name Joseph Matthew Madera Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Payment Method C Electronic (ACH) f• Check Payment Remittance Address Address 22 W. Burdick Street Total Submitted Amount $ 127.69 Total Approved Amount $ 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 iJ The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). W The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. W The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. P 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 Noll 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 9/10/2020 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 m 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 10834M Submission Information Local Government Facility (- Municipality (CVT) C School C Library/Community Center/Senior Center What CVT are you located within? Oxford Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Authorized Official Individual auttmrized to sign Intedocal Agreement Funding Information Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Payment Method r' Electronic (ACH) G Check Payment Remittance Address Address 22 W. Burdick Street City Oxford State MI ZJP Code 48371 Expenditures Expenditure ID 10834M-1 Expenditure Description hand sanitizer Date 6/30/2020 Amount $ 2.61 Compliance Explanation used for Village staff to sanitize hands Compliance Records receipts 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. Quill 6-30-20.pdf 1.72MB Expenditure Approval* r Approved r Rejected Expenditure ID 10834M-2 Expenditure Description Masks, Alcohol wipes Date 7/22/2020 Amount $ 54.21 Compliance Explanation Masks used for staff & visitors, types for cleaning surfaces Compliance Records receipts 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. Quill 7-22-20.pdf 1.07MB Expenditure Approval* r Approved (' Rejected Expenditure ID 10834M-3 Expenditure Description pre -paid mobile minutes Date 6/7/2020 Amount $ 50.42 Compliance Explanation Used for staff working remotley Compliance Records receipts 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. Simple mobile 6-7-20.pdf 1018.97KB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 107.24 Total Approved Amount $ Compliance Requirements By submitting this Form the applicant affirms that it well 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 (CV-) 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 9/10/2020 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 10835M Submission Information Local Government Facility r Municipality (CVT) r School r Library/Community Center/Senior Center What CVT are you located within? Oxford Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxrord.org Phone 248-628-2543 Authorized Official Individual authonzed to sign Interlocal Agreement Funding Information Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Payment Method r Electronic (ACH) C Check Payment Remittance Address Address 22 W. Burdick Street City Oxford State MI 23P Code 48371 Expenditures Expenditure ID 10835M-1 Expenditure Description disinfectant spray Date 4/22/2020 Amount $ 27.87 Compliance Explanation used to disinfect surfaces in office area Compliance Records receipts Attachment All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund have been in accordance wth section 601 (d) or the Social Security Act. Supply Den 4-22-20.pdf Expenditure Approval* f Approved C Rejected Expenditure ID 10835M-2 Expenditure Description disinfectant spray Date 6/30/2020 Amount $ 10.12 Compliance Explanation used to disinfect surfaces in office area Compliance Records receipts 1.28MB 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 to) of the Social Security Act. Supply Den 6-3-20.pdf 1.43MB Expenditure Approval* r Approved C Rejected Total Submitted Amount $ 37.99 Total Approved Amount $ 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 W The expenditure of the funds is necessary due to the public health emergency wth respect to the Coronavirus Disease 2019 (COVID-19). W The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. fJ The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. W 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 vrith 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 9/10/2020 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 FAOs are available here. • CVrs 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 10838M Submission Information Local Government Facility G Municipality (CVT) C School r Library/Community Center/Senior Center What CVT are you located within? Oxford Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Authorized Official Inditndual authorized to sign Interlocal Agreement Funding Information Name Joseph Matthew Madore Title Village Manager Email manager@thevillageofoxford.org Phone 248-628-2543 Payment Method C Electronic (ACH) C Check Payment Remittance Address Address 22 W. Burdick Street Expenditures Expenditure ID 10838M-1 Date 4/16/2020 City Oxford State MI ZIP Code 48371 Expenditure Description face covers Amount $ 148.78 Compliance Explanation Used by officers while on patrol Compliance Records receipts 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. Thin blue line 4-16-20.pdf 372.24KB Expenditure Approval* f Approved r Rejected Expenditure ID 10838M-2 Date 4/30/2020 Expenditure Description make Amount $ 75.00 Compliance Explanation Used by officers on patrol Compliance Records receipts 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. Vaughn Sports 4-30-20.pdf 63.79KB Expenditure Approval* f Approved r Rejected Expenditure ID 10838M-3 Expenditure Description employee door upgrade Date 6/17/2020 Amount $ 1,972.00 Compliance Explanation Executive order required employees to use a separate entrance than the public. We upgraded and ordered retro-fit to old unused door for employee use only Compliance Records receipts 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. FBH Hardware 6-17-20.pdf 616.55KB Expenditure Approval* f Approved r' Rejected Total Submitted Amount $ 2,195.78 Total Approved Amount $ 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 Coronawrus 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 wth 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 9/1012020 1.6. Public Bodv means the Village of Oxford 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 Rgtly 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 Submission Form means the form which Public Body must complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together CVT funds to Public Body. 1.12. OCE means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Oversight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together CVT funds. 2. COUNTY RESPONSIBILITIES. 2.1. OCE will review Public Body's Expenditure Submission Form(s) to determine whether Public Body is eligible to receive a distribution of Oakland Together CVT funds. This determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund Guidance for State, Territorial, Local and Tribal Government" or other guidenace issued by the Federal Government. OCE may request any supporting documentation it deems necessary to fully evaluate Public Body's eligibility. 2.2. If OCE determines that Public Body is eligible to receive a distribution, County will distribute the eligible amount to Public Body. 2.3. County is not obligated or required to distribute any Oakland Together CVT funds to Public Body if OCE determines that Public Body is not eligible to receive the funds, or if the amount of Oakland Together CVT fimds available are not sufficient to fulfill Public Body's Expenditure Submission Form. 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms from Public Body, and County will retain the balance of any Oakland Together CVT funds for which Public Body was originally eligible, but which are not covered by an approved Expenditure Submission Form. Page 2 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 2.5. If County retains the balance of Oakland Together CVT funds not covered by an approved Expenditure Submission Form under Section 2.4, County may redistribute any or all of that amount to other eligible CVTs or as otherwise deemed appropriate by OCE. 2.6. OCE will work in collaboration with the Oversight Committee in determining Public Body's eligibility for Oakland Together CVT funds, and the amount of said funds to be distributed to Public Body. 3. PUBLIC BODY RESPONSIBILITIES. 3.1. Public Body may be eligible to receive a portion of Oakland Together CVT funds. Public Body shall complete and submit an Expenditure Submission Form to OCE and receive OCE approval prior to the receipt of any Oakland Together CVT funds. 3.2. In its first Expenditure Submission Form, Public Body shall only apply for Oakland Together CVT funds to pay for expenditures or programs already made by Public Body, or for funds to pay Public Body's required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.3. Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together CVT funds, including, but not limited to, Section 601(d) of the Social Security Act and the `Coronavirus Relief Fund Guidance for State, Territorial, Local and Tribal Governments."t ..A. 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 finds 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 fimds 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 finding 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 httos://home.treasurv.Lov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State- Territorial-Local-and-Tribal-Governments.Ddf 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. Resnonsibility for Claims. Each Party shall be responsible for any Claims made against that Party by a third parry, 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 Party shall seek its own Page 4 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT legal representation and bear the costs associated with such representation, including judgments and attorney fees. 5.3. No Indemnification. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. 5.4. Costs, Fines, and Fees for 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 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. Compliance with Laws. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 6. TERMINATION OR CANCELLATION OF AGREEMENT. 6.1. County may terminate or cancel this Agreement at any time if it determines that Public Body has expended Oakland Together CVT funds in violation of CARES Act requirements or this Agreement. Either OCE or the Board of Commissioners is authorized to terminate this Agreement under this provision. If County terminates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement. County may utilize the provisions in Sections 3.15 — 3.16 to recoup the amount of money owed to County by Public Body. 6.2. Public Body may terminate or cancel this Agreement at any time if it determines that it does not wish to receive any Oakland Together CVT funds. If Public Body terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together CVT funds it has already received. 6.3. If either Party terminates or cancels this agreement they shall provide written notice to the other Party in the manner described in Section 13. 7. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 9. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. Page 5 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10. SEVERA1311 ITY. 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: Village Manager 22 W. Burdick St. Oxford, MI 48371. 14. GOVERNING LAW/CONSENT TO.JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 15. SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section 5); No Third -Party Beneficiaries (Section 8); No Implied Waiver (Section 9); Severability (Section 10); Precedence of Documents (Section 11); Governing Law/Consent to Jurisidiction and Venue (Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record keeping, reporting, audit compliance, and fund return provisions of Section 3. 16. ENTIRE AGREEMENT. 16.1. This Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together CVT funds With regard to the Oakland Together CVT funds, this Agreement supersedes all other oral or written agreements between the Parties. Page 6 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT