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HomeMy WebLinkAboutResolutions - 2020.11.19 - 33911REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS MISCELLANEOUS RESOLUTION #20692 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH BRANDON TOWNSHIP PUBLIC LIBRARY FOR DISTRIBUTION OF CARES ACT FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's local governments and their front-line essential services employees have been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19 public health/emergency response and economic recovery; and WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and Economic Security Act's (CARES Act) — Coronavirus Relief Fund (CRF) to respond directly to the emergency as well as expenditures incurred to respond to second -order effects of the emergency; and WHEREAS guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked Questions" dated May 4, 2020, indicates that a county may but is not required to allocate funds to a local government within the county; and WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland Together Local Government Partnership Grant program with an allocation of $35,000,000 of CARES Act- Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health emergency; and WHEREAS Brandon Township Public Library has demonstrated an eligible plan to utilize CARES Act funding in accordance with the U.S. Treasury guidelines in their reimbursement application. The eligible reimbursement application is included as "Attachment A"; and WHEREAS the Oakland Together Local Government Partnership Oversight Committee has reviewed the eligible plan and grant application from Brandon Township Public Library and recommends the disbursement of $14,957.96 to Brandon Township Public Library from the Oakland Together Local Government Partnership Grant Program from CARES Act— Coronavirus Relief Funds; and WHEREAS Brandon Township Public Library has approved and executed an interlocal agreement prepared by Oakland County Corporation Counsel. The agreement is included as "Attachment B". NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the eligible reimbursement application from Brandon Township Public Library and authorizes the distribution of $14,957.96 from the Oakland Together Local Government Partnership program to Brandon Township Public Library from Oakland County CARES Act Coronavirus Relief Funds. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the interlocal agreement with Brandon Township Public Library. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution and the finalized executed agreement to Oakland County Fiscal Services and Brandon Township Public Library. BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland Together Local Government Partnership Grant Program was authorized with Miscellaneous Resolution #20187 adopted on June 4, 2020. Chairperson, I move for the adoption of the foregoing resolution. Commission¢r Michael Spisz District #3 / Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11209M ATTACHMENT Government Facility receiving Funds Payee Brandon Township Public Library Local Government Facility r Municipality (CVT) r Library/Community Center/Senior Center Government Facility Name Brandon Township Public Library Do you have your own governing board? r• Yes f No Legal Board Name This is the legal name that the funds will be paid too Must match IRS TIN information Brandon Township Public Library Government Facility Street Address Mailing Address 304 South Street Address Line 2 City State / PrWrice / Region Ortonville MI Postal / Ap Code Country 48462 United States of America Submission Information Name Rebecca Higgerson Title Director Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Authorized Official Indivdual authorized to sign Intedocal Agreement Name Rebecca Higgerson Title Director Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Funding Information Payment Method r Electronic (ACH) f• Check Payment Remittance Address Address 304 South Street City Ortonville State MI ZIP Code 48462 Expenditures Expenditure ID 11209M-1 Expenditure Description Cleaning Services Expenditure Category Public Health Expenses Start Date 9/30/2020 End Date 9/30/2020 Amount $ 3,471.00 Compliance Explanation We had an employee test positive for COVID-19, so we closed the library and contracted vdth a company to provide deep cleaning and electrostatic fogging. Compliance Records We have attached a pdf vdth a spreadsheet and invoice. 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. Cleaning Services.pdf 156.04KB Expenditure Approval* r Approved f Rejected li Total Submitted Amount $ 3,471.00 I Total Approved Amount $ Compliance Requirements By submitting this Form the applicant affirms that it vdll abide by each of the follovdng requirements when using Oakland Together COVID Support i ! 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 \Mth 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. Il The expenditures were or vdll 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 wll be provided with an Interlocal Agreement or Contract, which must be executed prior to the release of any funds, and Mich 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 vdth 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 wit be returned. Date Submitted 10/16/2020 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11210M i Government Facility receiving Funds Payee Brandon Township Public Library Local Government Facility C Municipality (CVT) P. Library/Community Center/Senior Center Government Facility Name Brandon Township Public Library Do you have your own governing board? RC Yes r No Legal Board Name This is the legal name that the funds Will be paid too Must match IRS TIN information Brandon Township Public Library Government Facility Street Address Mailing Address 304 South Street Address Line 2 City Stale / Pro\Ance / Region Ortonville MI Postal I Zp Code Country 48462 United States of America Submission Information Name Rebecca Higgerson Title Director Email I rhiggerson@brandonlibrary.org,, Phone 248-627-1474 Authorized Official IndiNdual authorized to sign Intedocai Agreement Name Rebecca Wggerson Title i Director � Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Funding Information Payment Method n Electronic (ACH) F Check Payment Remittance Address Address 304 South Street City Ortonville State MI ZIP Code 48462 Expenditures Expenditure ID 11210M-1 Expenditure Description Legal Services Expenditure Category Items Not Listed Above Start Date 6/11/2020 End Date 8/17/2020 Amount $ 1,470.00 Compliance Explanation This expenditure is related to discussions we had With a labor attorney related to COVID-19 employee illness (negative and positive) situations, preparedness plan and policy, and telework policy. Compliance Records We have attached a spreadsheet and invoices. 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. Legal Services.pdf 272.23KB Expenditure Approval* r Approved f Rejected Total Submitted Amount $ 1,470.00 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). jJ The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. IJ The expenditures were or vdll be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. V, 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 vdth 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 vdll be returned. Date Submitted 10/16/2020 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11212M Government Facility receiving Funds Payee Brandon Township Public Library Local Government Facility r Municipality (CVT) C Library/Community Center/Senior Center Government Facility Name Brandon Township Public Library Do you have your own governing board? C Yes r No Legal Board Name This is the legal name that the funds wIl be paid too Must match IRS T1N information Brandon Township Public Library j Government Facility St reef Address Mailing Address 304 South Street Address Line 2 City State / Province / Region Ortonville MI Postal / Zp Code Country 48462 United States of America Submission Information Name Rebecca Wggerson Title Director Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Authorized Official Indimdual authorized to sign Interlocal Agreement Name Rebecca Higgerson Title Director Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Funding Information Payment Method r� Electronic (ACH) G Check Payment Remittance Address Expenditures Expenditure ID 11212M-1 Address 304 South Street City Ortonville State MI ZIP Code 48462 Expenditure Description Patron Services Expenditure Category Items Not Listed Above Start Date 5/8/2020 End Date 9/8/2020 Amount $ 1,058.89 Compliance Explanation These expenditures are for a Zoom account for Board Meetings and virtual programming, and the addition of a database for patron home use and staff use for virtual programming. We had declined the latter in 2019 but added it in 2020 because we are doing more virtual programming and providing Take and Make crafts for patron pick up. Compliance Records We have attached a spreadsheet and invoices. Attachment All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund have been in accordance vdth section 601 (d) of the Social Security Act. Patron Services.pdf 939.4KB Expenditure Approval* f Approved fr Rejected Total Submitted Amount $ 1,058.89 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 wdth 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, r/ 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 otherWse 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 well be returned. Date Submitted 10/16/2020 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11223M Government Facility receiving Funds Payee Brandon Township Public Library Local Government Facility (r Municipality (CVT) f• Library/Community Center/Senior Center Government Facility Name Brandon Township Public Library Do you have your own governing board? (' Yes C No Legal Board Name This is the legal name that the funds will be paid too Must match IRS TIN information Brandon Township Public Library Government Facility Street Address Mailing Address 304 South Street Address Line 2 City State I Province / Region Ortonville MI Postal / Zip Code Country 48462 United States of America Submission Information Name Rebecca Higgerson Title Director Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Authorized Official Individual authorized to sign Intedocal Agreement Name Rebecca Higgerson Title Director Email rhiggerson@brandonlibrary.org Phone 248-627-1474 Funding Information Payment Method C Electronic (ACH) r Check Payment Remittance Address Expenditures Expenditure ID 11223M-1 Address 304 South Street City Ortonville State MI ZIP Code 48462 Expenditure Description Facilities Additions Expenditure Category Public Health Expenses Start Date 5/14/2020 End Date 9/18/2020 Amount $ 8,958.07 Compliance Explanation These are expenditures related to any changes we made to the building, e.g. plexiglass shields, HVAC filters, etc. Compliance Records We have attached a spreadsheet and invoices. Attachment All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund have been in accordance tenth section 601 (d) of the Social Security Act. Facilities Adddions.pdf 831.18KB Expenditure Approval* r, Approved C' Rejected Total Submitted Amount $ 8,958.07 Total Approved Amount $ Compliance Requirements By submitting this Form the applicant affirms that it vdll abide by each of the follow,ng 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). i W The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. r/ The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. V 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 AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND Brandon Township Public Library ATTACHMENT B This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Brandon Township Public Library ("Public Body"), 304 South Street, Ortonville, Michigan 48462. County and Public Body may be referred to individually as a "Party" and jointly as 'Parties". PURPOSE OF AGREF.MF&j. County and Public Body enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 el seq., for the purpose of County distributing a portion of its CARES Act funds to Public Body. County has allocated a portion of its CARES Act funds to be distributed to public bodies, including libraries, community centers, and senior centers within Oakland County, which will be used to assist those public bodies in meeting certain areas of need caused by the COVID-19 pandemic. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFjNITIONS. 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 f'or relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation. costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or Public Body, or for which County or Public Body may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.3. Confidential Information means all information and data that County is required or permitted by law to keep confidential, including records of County' security measures, including security plans, security codes and combinations, passwords, keys, and security procedures, to the extent that the records relate to ongoing security of Counly as well as records or information to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs relating to ongoing security measures, capabilities and plans for responding to violations of the Michigan Anti -terrorism Act, emergency response plans, risk planning documents, threat assessments and domestic preparedness strategies. 1.4. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such personssuccessors. Page l of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - iNTERLOCAL AGREEMENT l .5. Dy means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.6. Puhlie Rodv means the Brandon Township Public Library including, but not limited to, its council, its Board, its departments. its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.7. Puhlie Rodv E+ mh ovee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires, contractors, subcontractors, independent contractors, agents, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal, representative or official capacities), and/or any persons acting by, through, under, or in concert with any of the above who use or have access to the Oakland Together LCSC funds provided under this Agreement. "Public Body Employee" shall also include any person who was a Public Body Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity, 1.$. 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, LCSC(s) means public libraries, public community centers, and public senior centers. 1,10. Oakland Together LCSC C funds means that portion of the CARES Act funds which the County has allocated to LCSCs within Oakland County. 1.11. Exnenditure .r+nhmission Form is a form which Public Body must complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together LCSC fiords to Public Body for expenses already incurred by Public Body. 1.12. = means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Oversight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together LCSC finds. 1.14. Purchase Order is a form which Public Body must complete and submit to OCE if it is seeking funds for an expense that Public Body intends to incur during the period prior to December 31, 2020, but after the date on which it submits the Purchase Order to OCE. 2. CDkNjV RESPONSIBILITIES,. 2.1. OCE will review Public Body's Expenditure Submission Forms and/or Purchase Orders to determine whether Public Body is eligible to receive a distribution of Oakland Together LCSC funds. 'Phis determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund Guidance for State, Territorial, Local and Tribal Government- or other guidenace issued by the Federal Government. OCE may request any supporting documentation it deems necessary to fully evaluate Public Body's eligibility. 2.2. If OCE determines that Public Body is eligible to receive a distribution, County will distribute the eligible amount to Public Body. 2.3. County is not obligated or required to distribute any Oakland Together LCSC finds to Public Body if OCE determines that Public Body is not eligible to receive the finds, or if the amount of Oakland Together LCSC funds available are not sutheient to fulfill Public Body's Expenditure Submission Forms or Purchase Orders. Page 2 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms or Purchase Orders from Public Body, and County will retain the balance of any Oakland Together LCSC funds which are not covered by an approved Expenditure Submission Form or Purchase Order. 2.5. If County retains the balance of Oakland Together LCSC funds not covered by an approved Expenditure Submission Form or Purchase Order under Section 2.4, County may redistribute any or all of that amount to other eligible public bodies or as otherwise deemed appropriate by OCE. 2.6. OCE will work in collaboration with the Oversight Committee in determining Public Body's eligibility for Oakland Together LCSC funds, and the amount of said finds to be distributed to Public Body. 3. PUBLIC V RESPONSIBII ITIES. 3.1. Public Body may be eligible to receive a portion of Oakland Together LCSC funds. Public Body shall complete and submit an Expenditure Submission Form or Purchase Order to OCE and receive OCE approval prior to the receipt of any Oakland Together LCSC finds. 3.2. In an Expenditure Submission Form, Public Body shall only apply for Oakland Together LCSC funds to pay for expenditures or programs already made by Public Body. 3.3. In a Purchase Order, Public Body shall only apply for Oakland Together LCSC funds to pay for expenditures that it intends to incur during the period between when the Purchase Order is submitted and December 31. 2020. 3A. Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together LCSC funds, including, but not limited to, Section 601(d) of the Social Security Act and the."Coronavirus Relief Fund Guidance for State, Territorial, Local and Tribal Governments."' 3.5. Public Body shall only expend Oakland Together LCSC funds to pay for expenses incurred due to the COVID-19 public health emergency, and which expenses were not accounted for in Public Body's most recently approved budget as of March 27, 2020. 3.6. Public Body shall only expend Oakland Together LCSC funds for expenses incurred during the period that begins on March 1, 2020 and ends on December 31, 2020. 3.7. Public Body shall not use Oakland Together LCSC finds as revenue replacement. 3,8. Public body shall not redistribute Oakland Together LCSC funds, except Public Body shall be allowed to pay vendors and service providers, as permitted by the CARES Act. 3.9. Public Body shall not expend Oakland Together LCSC funds in any manner that Public Body did not include in a submitted and approved Expenditure Submission Norm or Purchase Order, 3.10. In Public Body receives Oakland Together LCSC funds as the result of an approved purchase order, LCSC must provide a final paid invoice or receipt for the expenditure prior to December 31, 2020. 3.11. If Public Body receives an amount of funding hom the federal or state government to cover expenses for which Public Body received Oakland Together LCSC funds, Public Body shall return that amount of Oakland Together LCSC funds to County. This document is available at htrps;//hotne.treast qv,/sytitein`titas(�h/Ccmgtttrvirus-Kelie(=Ntrgd-(iui<laoce_ti r-5_tatq; 1'e!?,itoi'ial-Local-and•1'rlbLtl_Go,erntnentsdf Page 3 of 7 nAKLANn TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 3.12. Public Body shall keep records of all expenditures of Oakland Together LCSC funds sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 2.1 for a period of 10 (ten) years, at a minimum. 3.13. Public Body shall produce said records of expenditures upon request by County or OCE, or as required by any future audit of the CARES Act program. 3.14. Public Body shall submit records to OCE within 30 (thirty) days after expenditure of Oakland Together LCSC funds with a detailed description of how the funds were expended and how the expenditure of funds complied with the CARES Act guidance unless Public Body has already submitted said records with its Expenditure Submission Form or Purchase Order, 3.15. In the event it is determined by OCE, or any other audit under the CARES Act program, that Public Body expended an amount of Oakland Together LCSC funds in violation of the CARES Act requirements or this Agreement, Public Body shall be required to return that amount of money to County. 3.16. In any case where Public Body is required to return an amount of money to County under this Agreement, Public Body agrees that unless expressly prohibited by law, County or the Oakland County Treasurer, at their sole option, shall be entitled to set off from any other Public Body funds that are in County's possession for any reason. Any setoff or retention of funds by County shall be deemed a voluntary assignment of the amount by Public Body to County. Public Body waives any Claims against County or its Officials for any acts related specifically to County's offsetting or retaining of such amounts. This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by County was actually due and owing under this Agreement. 3.17, Nothing in this Section shall operate to limit County's right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to County under this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if Public Body becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure its payment under this Agreement, Public Body agrees to pay all costs and expenses, including, attorney fees and court costs, incurred by County in the collection of any amount owed by Public Body. 3.18. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. 4. DURATION OF INTEULOCAL AGRF.EMEME. 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. Page 4 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 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 3.17, 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 Noncompliance. Public Body shall be solely responsible for all costs, fines and fees associated with any misuse of the Oakland Together LCSC funds and/or for noncompliance with this Agreement by Pubic Body Employees. 5.5. Reservation of Riehts. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 5.6. Authorization and Completion of Agreement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 5.7. 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. LOW 101 No 1 ON I LOR11113RIG a 4 4 6.1. County may terminate or cancel this Agreement at any time if it determines that Public Body has expended Oakland Together LCSC funds in violation of CARES Act requirements or this Agreement. Either OCE or the Board of Commissioners is authorized to terminate this Agreement under this provision. If County terminates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement. County may utilize the provisions in Sections 3.16 — 3.17 to recoup the amount of money owed to County by Public Body. 6.2. Public Body may terminate or cancel this Agreement at any time if it determines that it does not wish to receive any Oakland Together LCSC Rinds, if Public Body terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together LCSC funds it has already received. 6.3. If either Party terminates or cancels this agreement they shall provide written notice to the other Party in the manner described in Section 13. 7. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assigi any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THIRD -PARTY BENEFICI. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, dirty, promise, contractual right or Page 5 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT 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. SF.VERABILITY. 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 fall force. 11. EUCEDENCE OF DOCIJMF.NTS. In the event of a conflict between the terns 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 LakeRd., 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: Brandon Township Public Library, 304 South Street, Ortonville, Michigan 48462. 14. GOVERNING LAW/CONSENT TO JIJFIS I TION 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 role, 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 TERM. 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 Page 6 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOCAL AGREEMENT NOW, THEREFORE, BE IT RESOLVED THAT: The Brandon Township Public Library Board of Trustees hereby authorizes the Library Director, Rebecca Higgerson, to sign the Agreement for CARES Act Distribution between Oakland County and the Brandon Township Public Library, AYES Trustees: Tiffany Ragland, Verna Cole, Cheryl Gault, Janet Rathburg, Patricia Salter NAYS Trustees: ABSENT WITH NOTICE Trustees: Peter Burkett RESOLUTION DECLARED ADOPTED as of November 9, 2020. Li Or sibot, Bohr of Trustees Brandon Township Public Library %�9;Si92c2iC�--i Vice President, Board of Trustees Brandon Township Public Library Resolution #20592 November 19, 2020 Moved by Weipert seconded by Powell to suspend the rules and vote on Miscellaneous Resolutions #20588 through #20622 - 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 #20588 through #20622 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding carried. Moved by Weipert seconded by Powell resolutions #20588 - #20622 be adopted. Vote on resolutions: AYES: McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions were adopted. a,,, G , 1 HERG6Y $P> r,n rF, Tp ia3 FFSOLUTION CHIEF 0 v,EXECUTIVE ACTING PUBSUANI "i"O iulCL 45.559A V) 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 November 19, 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 191h day of November, 2020.. Lisa Brown, Oakland County