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HomeMy WebLinkAboutResolutions - 2020.10.21 - 33816MISCELLANEOUS RESOLUTION #2050A BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD 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 Acts (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 Charter Township of Springfield 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 Charter Township of Springfield and recommends the disbursement of $306,134.89 to the Charter Township of Springfield from the Oakland Together Local Government Partnership Grant Program from CARES Act—Coronavirus Relief Funds; and WHEREAS the Charter Township of Springfield 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 Charter Township of Springfield and authorizes the distribution of $306,134.89 from the Oakland Together Local Government Partnership program to the Charter Township of Springfield 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 Charter Township of Springfield. 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 Charter Township of Springfield. 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 October 15, 2020. Chairperson, I move for the adoption of the foregoing resolution. `Co%� Commissioner +Boboffman'�� District #2 REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS CVT COVID Support Expenditure Review Form ATTACHMENT A Oakland Together CVT COVID Support Fund Expenditure Submission Form Fund Guidelines • Funds are only made available if the CVT has expenses that meet the requirements of the CVT COVID Fund. • All expenditures must meet the guidance established by the U.S. Treasury Department, and Oakland County. • The CVT 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. Public body may use funds to pay the 25% "cost share" or "local match" required with FEMA reimbursement. • These funds may not be re -distributed by the CVT unless to assist individual residents as permitted by the CARES Act or to pay vendors or service providers as permitted by the CARES Act. Application ID 10579M Submission Information Public Body (CVI) Springfield Twp Name Laura Moreau Title Township Clerk Email Imoreau@springfield-twp.us Phone 248-846-6510 Public Body (CVT) Authorized Official Funding Information Name Laura Moreau Title Township Clerk Email Imoreau@springfield-twp.us Phone 248-846-6510 Payment Method r Electronic (ACH) G Check Payment Remittance Address Address 12000 Davisburg Road City Davisburg State MI ZIP Code 48350 Expenditures Expenditure ID 10579M-1 Expenditure Description Election Inspector Amount Date 8/21/2020 $ 2,750.00 Compliance Explanation hired 55 Election Inspectors to assist with tasks on Election Day, August 4, 2020. Compliance Records Attached is General Ledger report showing the total amount of $2750.00 pay to Election Inspectors 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) or the Social Security Act. ELECTION INSPECTOR PAY (OAKLAND CTY).pdf 142.19KB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 2,750.00 Total Approved Amount $ Compliance Requirements By submitting this Form the Public Body cVT) affirms that it will abide by each of the following requirements when using Oakland Together CVT funds. Please check the box next to each requirement to confine your intent to abide by these requirements: W 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. 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 othervose qualify under the CARES Act Coronavirus Relief Fund. Upon approval of this Form, the Public Body (CVT) will be provided vdth an Interlocal Agreement, which must be executed prior to the release of any funds, and which lists further requirements including but not limited to: • The CVT 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 CVT must agree that in the event they receive direct funding from the federal or state government to cover these expenses, the county money will be returned. Date Submitted 8/21/2020 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. • 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. CVr may use funds to pay the 25% "cost share' or "local match" required wrath FEMA reimbursement once that amount is approved by FEMA. Review Best Practices for submissions here. Application ID 11170M Government Facility receiving Funds Local Government Facility* 6 Municipality (CVT) f School r Library/Community Center/Senior Center CVT Name * This is the legal entity that is receiving the funds Springfield Twp Government Facility Street Address Mailing Address* 12000 Davisburg Rd Address Line 2 Gry State / Province / Region Davisburg MI Postal / Zip Code Country 48350 United States of America Submission Contact Information Name* J David Feichtner Title * (?) Fire Chief Email* firechief@springfield-twp.us Verify Email* firechief@springfield-twp.us Reenter email address Phone* 248-625-6699 Authorized Official Individual autlwdzed to sign Intertocal Agreement Name* Collin Walls Title * (?) Supervisor Email* cwalls@springfield-twp.us Verify Email* cwalls@springfield-twp.us Reenter email address Phone* 248-846-6505 Funding Information Payment Method* r Electronic(ACH) r Check Payment Financial Institution Information Name of Financial Institution* Nine -Digit Routing Transit Number* 7 Verify Routing Transit Number* 2 D�.....N . ...bed Account Number* Verify Account Number* Account Type* r Chelking r Savings I authorize Oakland County to deposit funds owed to thg above payee/vendor by the County, by direct deposit (electronic funds g transfer). Information provided must be for U.S. Financial Institutions only. I consent to and agree to comply with the National Autc gated Clearing House Association Rules and Regulations and Oakland County's policy regarding electronic funds transfers as they exist on this date or as subsequently adopted, amended, or repealed. Michigan law governs electronic funds transactions authorized by this agreement in all respects except as otherwise superseded by federal law. Expenditures Enter expenditure information in the fields below. Click "Add" for an additional set of fields to submit up to 3 separate expenditures. Expenditure ID 11170M-1 Expenditure Description* Township labor for COVID Expenditure Category* Budgeted Personnel and Services Diverted to a Substantially Different Use Start Date* 3/15/2020 Amount* $ 73,127.00 End Date* 513112020 Compliance Explanation Cover memo has been included along with Excel How is the expenditure connectedtothe COMD-19 spreadsheet with explanations. I reviewed the packed with pandemic andfor state or county health orders? Mr. Hardesty who said everything was in order. I have Briefly summarize or include cover memo separated the submittals into two (2) to allowfor the size of the scanned file with the receipts. One submittal will be the labor piece and the other wall be the supplies piece. The receipts are numbered similar to the spreadsheet. Compliance Records Please find the attached scanned document. Financial records that demonstrate Compliance. Please use an excel spreadsheet as a cover to individual invoices (Compliance Records should be uploaded with Submission Form) 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. Springfield Twp Oak Cty Cares LABOR and RECEIPTS sheets.pdf .01106 (Uploaded documentation must be a single file of size 2 ME or less Saving or scanning with a lower resolution (dpi) and monochrome can reduce file size.) Expenditure ID 11170M-2 Expenditure Description * Receipts for PPE supplies, cleaning, and reopening needs Expenditure Category* Personal Protective Equipment Start Date* 3/15/2020 End Date * 5/31/2020 Amount* $ 13,223.28 Compliance Explanation Cover memo has been included along wnth Excel How is the expenditure connected to the CCMD•19 spreadsheet with explanations. I reviewed the packed moth pandemic andfor state or county health orders? Mr. Hardesty who said everything was in order. I have Briefly summarize or include cover memo separated the submittals into two (2) to allow for the size of * the scanned file with the receipts. One submittal will be the labor piece and the other well be the supplies piece. The receipts are numbered similar to the spreadsheet. Compliance Records Please see attached Financial records that demonstrate Compliance. Please use an excel spreadsheet as a cover to individual invoices (Compliance Records should be uploaded with Submission Form) Attachment* All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund have been in accordance wnth section 601 (d) of the Social Security Act. Springfield Twp Oak Cty Cares RECEIPTS 42M6 submittal 10 12 20.pdf (Uploaded documentation must be a single file of size 2 ME or less Sawng or scanning with a lower resolution (dpi) and monochrome can reduce file size.) Total Expenditure Amount $ 86,350,28 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 fJ 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. 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 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. 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 11182M Government Facility receiving Funds Local Government Facility* G Municipality (CVT) r School r Library/Community Center/Senior Center CVT Name * This is the legal entity that is receiving the funds Springfield Twp Government Facility Street Address Mailing Address* 10280 Rattalee Lake Rd. Address Line 2 City State / Provence / Region Davisburg MI Postal / Zip Code Country 48350 United States of America Submission Contact Information Name* d David Feichtner Title*(?) Fire Chief Email* firechief@springfield-twp.us Verify Email* firechief@springfield-twp.us Reenter email address Phone* 248-625-6699 Authorized Official Indudual authorized to sign Interlocal Agreement Name* Collin Walls Title * (?) Supervisor Email* cwalls@springfield-twp.us Verify Email* cwalls@springfield-twp.us Reenter email address Phone* 248-846-6505 Funding Information Payment Method* 6, Electronic (ACH) C' Check Payment Financial Institution Information Name of Financial Institution* Nine -Digit Routing Transit Number* Verify Routing Transit Number* Account Number* Verify Account Number* You must obtain a correct Routing number from your bank for ACH transactions. This may not be the same as the routing number on your checks. Re-enter routing transit number Reenter account number Account Type * r Checking (- Savings I authorize Oakland County to deposit funds owed to the above payee/vendor by the County, by direct deposit (electronic funds transfer). Information provided must be for U.S. Financial Institutions only. I consent to and agree to comply wrath the National Automated Clearing House Association Rules and Regulations and Oakland County's policy regarding electronic funds transfers as they exist on this date or as subsequently adopted, amended, or repealed. Michigan law governs electronic funds transactions authorized by this agreement in all respects except as otherwise superseded by federal law. Expenditures Enter expenditure information in the fields below. Dick "Add" for an additional set of fields to submit up to 3 separate expenditures. Expenditure ID 1118210-1 Expenditure Description* Fire Department labor expenses Expenditure Category* Budgeted Personnel and Services Diverted to a Substantially Different Use Start Date* 3/1/2020 End Date* 5/31/2020 Amount* $ 129,593.67 Compliance Explanation This request covers the full time labor and our paid -on- call Flow is the expenditure connected to the C(MD.19 (part time) labor during covid for the months stipulated pandemic and/or state or county health orders? Briefly summarize or include cover memo Compliance Records Please see attached Financial records that demonstrate Compliance. Please use an excel spreadsheet as a cover to individual invoir s (Compliance Records should be uploaded with Submission Form) 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. Springfield Twp Cover letter and labor 10 14 20.pdf 1.96MB (Uploaded documentation must be a single file of size 2 MB or less. Saving or scanning with a lower resolution (dpi) and monochrome can reduce file size.) Expenditure ID 11182M-2 Expenditure Description* Supplies and PPE Expenditure Category* Personal Protective Equipment Start Date* 3/13/2020 End Date* 6/15/2020 Amount* $ 26,800.48 Compliance Explanation This expense covers supplies, PPE, and equipment needed Flow is the expenditure connected to the COMD619 for safe response, operations, and treatment, pandemic and for state or county health orders? Briefly summarize or include cover memo * Compliance Records See attached spreadsheet and receipts. Rnancial records that demonstrate Compliance. Please use an excel spreadsheet as a cover to individual invoices (Compliance Records should be uploaded with Submission Form) * 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. Springfield Twp supplies list and receipts 10 14 68M6 20.ptlf (Uploaded documentation must be a single file of size 2 MB or less Saving or scanning Wth a lower resolution (dpi) and monochrome can reduce file size.) Total Expenditure Amount $ 156,394.15 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 with respect o the Coronavirus Disease 2019 (COVID-19). * P 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 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. Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11208M Government Facility receiving Funds Payee Township of Springfield Local Government Facility ' Municipality (CVT) r Library/Community Center/Senior Center CVT Name This is the legal entity that is recelmng the funds Springfield Twp Government Facility Street Address Mailing Address 12000 Davisburg Rd Address Line 2 City State / Provence / Region Davisburg MI Postal / Zp code Country 48350 United States of America Submission Information Name J David Feichtner Title Fire Chief Email frechief@springfeld-twp.us Phone 248-625-6699 Authorized Official InciNdual authorized to sign Interlocal Agreement Name Collin Walls Title Supervisor Email cwalls@springfield-twp.us Phone 248-846-6505 Funding Information Payment Method r'Electronic (ACH) r Check Payment Financial Institution Information Name of Financial Institution Nine -Digit Routing Transit Number Account Number Account Type r Checking r Savings I authorize Oakland County to deposit funds owed to the above payee/vendor by the County, by direct deposit (electronic funds transfer). Information provided must be for U.S. Financial Institutions only. I consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and Oakland County's policy regarding electronic funds transfers as they exist on this date or as subsequently adopted, amended, or repealed. Michigan law governs electronic funds transactions authorized by this agreement in all respects except as otherwise superseded by federal law. Expenditures Expenditure ID 11208M-1 Expenditure Description Parks and Recreation Labor Expenditure Category Budgeted Personnel and Services Diverted to a Substantially Different Use Start Date 3/1/2020 End Date 6/30/2020 Amount $ 56,974.83 Compliance Explanation The labor expense is for non -budgeted COVID leave as well as time spend substantially dedicated to duties related to covid outside of normal job functions. Compliance Records This attachments includes an explanatory cover letter along Win labor sheets outlining employees and time spent. Attachment Al 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. Springfield Township Parks Cover letter and 776.37K8 labor.pdf Expenditure Approval* (- Approved t Rejected Expenditure ID 11208M-2 Expenditure Description Springfield Township Parks and Recreation Supplies Expenditure Category Personal Protective Equipment Start Date 3/1/2020 Amount $ 3,664.93 End Date 6/30/2020 Compliance Explanation The receipts in the attachment along With the Excel spreadsheet outlining them cover supplies, PPE, attorney fees, HR fees, and expenses related to covid cleaning, re -opening, sanitizing, and policy/procedure work related to functioning during the shutdown and re- opening during the pandemic. Compliance Records The attached file includes a spreadsheet of all of the costs along With all of the receipts. Attachment Al 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. Springfield Twp Parks COVID supplies.pdf 1.68MB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 60,639.76 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 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. W The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. f7 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 10/16/2020 1.6. Public Body means the Charter Township of Springfield including, but not limited to, its council, its Board, its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.7. Public Body Em In twee 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 fiords 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. = 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 RESPONSTBTT TTTFS. 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 funds available are not sufficient to fulfill Public Body's Expenditure Submission Form. 2A. 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 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 Parry 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. ED 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 16.2. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Collin W. Walls, Supervisor, hereby acknowledges that he/she has been authorized by a resolution of the Charter Township of Springfield, a certified copy of which is attached, to execute this Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms and conditions of this Agreement. EXECUTED: DATE: Collin W. Walls, Supervisor, Charter Township of Springfield WITNESSED: _`%/%/l`= ��' DATE: Erin Mattice, Planning Administrator 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 Resolution #20504 October21, 2020 Moved by Hoffman seconded by Powell to suspend the rules and vote on Miscellaneous Resolutions #20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolutions #20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding carried. Moved by Hoffman seconded by Powell resolutions #20471-#20497 and #20499-#20514 be adopted. Discussion followed. Vote on resolution: AYES: Gershenson, Hoffman, Jackson, Kochenderfer, Long, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack. (17) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. 4"- (3 , I HERE -BY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL45.559A (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 21st day of October, 2020. Lisa Brown, Oakland County