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HomeMy WebLinkAboutResolutions - 2020.10.21 - 33810MISCELLANEOUS RESOLUTION #20498 BY: Commissioner Michael Spisz District #3 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH OXFORD COMMUNITY SCHOOLS FOR DISTRIBUTION OF CARES ACT FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's school districts are striving to educate students both safely and effectively during the COVID-19 pandemics. These efforts whether virtual, in -person, or through a hybrid model are vital in every community in the county; 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" indicate that payments from the Fund may be used to cover costs associated with providing distance learning (e.g., the cost of laptops to provide to students) or for in -person learning (e.g., the cost of acquiring personal protective equipment for students attending schools in -person or other costs associated with meeting Centers for Disease Control guidelines); and WHEREAS this guidance also indicates that "as an administrative convenience, Treasury will presume that expenses of up to $500 per elementary and secondary school student to be eligible expenditures, such that schools do not need to document the specific use of funds up to that amount;" and WHEREAS pursuant to Miscellaneous Resolution #20369, Oakland County established an Oakland Together School COVID-19 Support Fund with an allocation of $28,000,000 of CARES Act - Coronavirus Relief Funds to provide an opportunity for Oakland County to aid public school districts and public school academies experiencing a significant financial burden related directly to the COVID-19 public health emergency; and WHEREAS the Oxford Community Schools have 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 County Executive office has reviewed the eligible plan and grant application from Oxford Community Schools and recommends the disbursement of $755,531.93 from the Oakland Together School COVID-19 Support Fund; and WHEREAS the Oxford Community Schools have 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 Oxford Community Schools and authorizes the distribution of $755,531.93 from the Oakland Together School COVID-19 Support Fund. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the interlocal agreement with Oxford Community Schools. 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 Executive office and Oxford Community Schools. 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 #20369 on September 3, 2020. Chairperson, I move for the adoption of the foregoing resolution. District #3 REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS Michael Spisz 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) o 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. o 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 11148M Government Facility receiving Funds Local Government Facility r Municipality (CVT) (-' School C Library/Community Center/Senior Center Government Facility Name School District Oxford Government Facility Street Address Mailing Address 10 N. Washington Address Line 2 City Oxford Postal / Zip Code 48371 Submission Information Name Samuel Barna Stale / Province / Region 112 Country United States Title Assistant Superintendent of Business & Operations Email sam.barna@oxfordschoois.org Phone 248-969-5008 Authorized Official IndWual authorized to sign Interlocal Agreement Name Tim Throne Title Superintendent Funding Information Email Tim.Throne@oxrordschools.org Phone 248-969-5114 Payment Method r Electronic (ACH) 6 Check Payment Remittance Address Address 10 N. Washington City Oxford State MI ZIP Code 48371 Expenditures Expenditure ID 1114810-1 Expenditure Description Remaining Per Pupil Allocation Expenditure Category Facilitating Distance Learning Start Date 10/9/2020 End Date 10/9/2020 Amount $ 755,531.93 Compliance Explanation Oxford Community Schools has already received $362/pp of CARES ACT funding. Oxford Community Schools is requesting the remaining $138/pp from the County's CARES Act money. Compliance Records Attached State Aid Report for August 2020 shoving COVID revenue 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. State Aid Status Report August 2020.pdf 69.83KB Expenditure Approval* r`Approved f Rejected Total Submitted Amount $ 755,531.93 Total Approved Amount $ Compliance Requirements By submitting this Form the applicant affirms that it will abide by each of the folloWng 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 with respect to the Coronavirus Disease 2019 (COVID-19). P 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 t, 2020 and ends on December 30, 2020 fJ 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 wit 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 slate government to cover these expenses, the county money wit be returned Date Submitted 10/9/2020 AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN ATTACHMENT B OAKLAND COUNTY AND Oxford Community Schools This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Oxford Community School District ("School District") 10 N. Washington St., Oxford, Michigan 48371. County and School District may be referred to individually as a "Party" and jointly as 'Parties". PURPOSE OF AGREEMENT, County and School District 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 School District. County has allocated a portion of its CARES Act funds to be distributed to school districts within Oakland County, which will be used to assist school districts 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. Agreement means the terns 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 School District, or for which County or School District 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. 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. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. School District means the Oxford Community School District including, but not limited to, its school board, superintendent, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.6. School District Employee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of School District, 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, AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND Oxford Community Schools This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Oxford Community School District ("School District") 10 N. Washington St., Oxford, Michigan 48371. County and School District may be referred to individually as a "Party" and jointly as "Parties". PURPOSE OF AGREEMENT. County and School District 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 School District. County has allocated a portion of its CARES Act funds to be distributed to school districts within Oakland County, which will be used to assist school districts in meeting certain areas of need caused by the COVID-19 pandemic. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or School District, or for which County or School District 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. 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. 1.4. PaX means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. School District means the Oxford Community School District including, but not limited to, its school board, superintendent, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.6. School District Emnlovee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of School District, 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, OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT under, or in concert with any of the above who use or have access to the Oakland Together Schools COVID Support funds provided under this Agreement. "School District Employee" shall also include any person who was a School District Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. "School District Employee" does not include an individual resident of School District who receives an authorized distribution of Oakland Together Schools COVID Support funds. 1.7. 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. 1.8. Oakland Together Schools COVID Support Fund or 110aklaud Together Schools" fund(s) means that portion of the CARES Act funds which the County has allocated to school districts within Oakland County, 1,9. Expenditure Submission Form means the form which School District must complete and submit to OCE prior to any disbursement of Oakland Together Schools funds to School District. 1.10. OCE means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.11. Oversight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together Schools funds. b��ltt`►Y tG'�;7 �YZI]►69_I �3_I �_M_Y_I x.� 2.1. OCE will review School District's Expenditure Submission Form to determine whether School District is eligible to receive a distribution of Oakland Together Schools 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 School District's eligibility. 2.2. If OCE determines that School District is eligible to receive a distribution, County will distribute the eligible amount to School District. 2.3. County will set a distribution cap for each School District, which cap will be based on the following factors: the number of students enrolled in School District, the number of teachers employed by School District, and the number of students in School District who are eligible for federal free and reduced lunch program. The distribution cap is not a guarantee or promise that School District will receive a certain amount of money under this Agreement. 2.4. County is not obligated or required to distribute any Oakland Together Schools funds to School District if OCE determines that School District is not eligible to receive the funds, or if the amount of Oakland Together Schools funds available are not sufficient to fulfill School District's Expenditure Submission Form. 2.5. After November 30, 2020 County will not accept any further Expenditure Submission Forms from School District, and County will retain the balance of any Oakland Together Schools Page 2 of 7 OAKLAND "TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT funds for which School District was originally eligible, but which are not covered by an approved Expenditure Submission Form. 2.6. 1I' County retains the balance of Oakland "together Schools funds nuclei- Section 2.5, County may redistribute any or all of that amount to other eligible School Districts or as otherwise deemed appropirate by OCE. 2,7. OCE will wort: in collaboration with the Board of Commissioners Oversight Committee in determining Public Body's eligibility for Oakland'Together Schools funds, and the amount of said funds to be distributed to Public Body, 3. SCHOOL DISTRICT RESPONSIIIILITIES, 3.1. School District may be eligible to receive a distribution of Oakland "Together Schools funds. School District shall complete caul submit an Expenditure Submission Form to OCE and receive OCE approval prior to the distribution of any Oakland Together Schools funds. 3.2. School District shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together Schools fiords, including, but not limited to, Section 601(d) of the Social Security Act and the "Coronavirus Relief Fund Guidance lot- State, Territorial, Local and Tribal Governments."' 3.3. School District shall only expend Oakland Together Schools fords to pay for expenses incurred due to the C'OVID-19 public health emergency, such as: 3.3.1. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with C'OVID-19 precautions: 3.3.2. Expenses for the acquisition and distribution of medical and protective supplies; 3.3.3. Expenses for disinfection of public -areas and other facilities; and 3.3.4. Expenses to ensure compliance with C'OVID-19 public health orders. 3.4. School District shall only expend Oakland Together Schools funds to pay for expenses which were not accounted for in School District's most recently approved budget as of March 27, 2020. 3.5. School District shall not use Oakland'fogether Schools funds as revenue replacement. 3.6. School shall submit to the county, per the U.S. Treasury Department guidance ("as an administrative convenience,'Treasury will presume that expenses of up to $500 per elementary and secondary school student to be eligible expenditures, such that schools do not need to document the specific use of funds up to that amount") documentation of how much CARES Act money they have already received tip to the $500 allowable cap and request from county the rennaining amount per pupil. 3.7. If a School District is requesting county CARES Act reimbursement above the $500 per pupil administrative cap outlined in the United States Treasury Department guidance, the School District shall submit records of all expenditures in excess of that amount to OCE '['It is document is available al huI)s:Miomc [Iva-stIIY..ipuv/}yslcIt/ lilus/136/t_prnnavirus-belief-fmid -Guidtic e-1'or-:it_Ile- erri toria I -I _oc:l I anil--'tri bal_<I ovcntm cn ts.pd f Page 3 of 7 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT prior to reimbursement with a detailed description of how the funds were expended and how the expenditure of funds complied with the CARES Act requirements. 3.8. If School District receives an amount of funding from the federal or state government to cover expenses for which School District received Oakland Together Schools funds, School District shall return that amount of Oakland Together Schools funds to County. 3.9. School District shall keep records of all expenditures of Oakland Together Schools funds sufficient to demonstrate that said expenditures were in accordance with the CARES Act requirements for a period of 10 (ten) years, at a minimum. 3.10. School District shall produce said records of expenditures upon request by County or OCE, or as required by any future audit of the CARES Act program. 3.11. In the event it is determined by OCE, or any other audit under the CARES Act program, that School District expended an amount of Oakland Together Schools funds in violation of the CARES Act requirements or this Agreement, School District shall be required to return that amount of money to County. 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 if applicable. 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. School District shall comply with the record keeping, reporting, audit response, and fund return requirements after the termination of this Agreement if necessary. 5. ASSURANCES. 5.1. Responsibility 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 3.13, in any Claim that may arise from the performance of this Agreement, each Party shall 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 NoncomDliance. School District shall be solely responsible for all costs, fines and fees associated with any misuse of the Oakland Together Schools COVID Support funds and/or for noncompliance with this Agreement by School District Employees. Page 4 of 7 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT 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. 6.1. County may terminate or cancel this Agreement at any time if it determines that School District has expended Oakland Together Schools COVID Support 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, School District shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement. 6.2. School District may terminate or cancel this Agreement at any time if it determines that it does not wish to receive any Oakland Together Schools COVID Support funds. If School District terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together Schools COVID Support 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. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10, SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. Page 5 of 7 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT 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 School District, it shall be addressed to: Superintendent Office, Oxford Community Schools, 10 N. Washington 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 Schools COVID Support funds With regard to the Oakland Together Schools COVID Support 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 SCHOOLS COvID SUPPORT FUND - INTCRLOCAL AGREEMENT IN WITNESS WHEREOF, Tim Throne, Superintendent, hereby acknowledges that be/she has been authorized by a resolution or the Oxford Community School District, a certified copy of which is attached, to execute this Agreement on behalf of School District and hereby accepts and binds School District to the terms and conditions or this Agreement. EXECUTED: DATE: 'rim Throne, Superintendent, Oxford Community Schools WITNESSED: G�` DATFI: IN-7 WJ-(D Angela Weaver, Administrative Assistant to the Superintendent 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 behalrof Oaldand County, and hereby accepts and binds Oakland County to the terms and conditions or this Agreement. EXECUT1 D: DATE: David Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Oakland County Board or Commissioners County of Oakland Page 7 of 7 Resolution #20498 October21, 2020 Moved by Spisz seconded by Hoffman to suspend the rules and vote on Miscellaneous Resolution #20498 - Board of Commissioners — Approval of Interlocal Agreement with Oxford Community Schools for Distribution of CARES Act Funding. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20498 - Board of Commissioners — Approval of Interlocal Agreement with Oxford Community Schools for Distribution of CARES Act Funding carried. Moved by Spisz seconded by Hoffman the resolution be adopted. Moved by Spisz seconded by Taub the resolution be amended as follows: Amend the following language in the 3'd BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland Together LOG-' Govemment PartReFsh p Grant orogFam School COVID-19 Support Fund was authorized with Miscellaneous Resolution #20369 on September 3, 2020. Discussion followed A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Hoffman, Jackson, Kochenderfer, Long, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (17) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. HEREBY APPROVETHIS nrESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ,CTING 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 21� day of October, 2020. / -1, Lisa Brown, Oakland County