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Home My WebLink AboutResolutions - 2020.11.19 - 33923REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS MISCELLANEOUS RESOLUTION' #20604 BY: Commissioner Angela Powell, District#10 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT FOR DISTRIBUTION OF CARES ACT FUNDING — PONTIAC PUBLIC LIBRARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's local governments and their front-line essential services employees have been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19 public health/emergency response and economic recovery; and WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and Economic Security Act's (CARES Act) — Coronavirus Relief Fund (CRF) to respond directly to the emergency as well as expenditures incurred to respond to second -order effects of the emergency; and WHEREAS guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked Questions" dated May 4, 2020, indicates that a county may but is not required to allocate funds to a local government within the county; and WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland Together Local Government Partnership Grant program with an allocation of $35.000,000 of CARES Act - Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health emergency; and WHEREAS the Pontiac 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 the Pontiac Public Library and recommends the disbursement of $5,670.16 to the Pontiac Public Library from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS the Pontiac 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 the Pontiac Public Library and authorizes the distribution of $5,670.16 from the Oakland Together Local Government Partnership program to the Pontiac 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 the Pontiac 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 the Pontiac 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. C Commissioner Ange Powell District #10 11/16/2020 Expenditure Review i Laserfiche Forms Attachment A Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11472M Government Facility receiving Funds Payee Pontiac Public Library Local Government Facility Municipality (CVT) Library/Community Center/Senior Center Government Facility Name Pontiac Public Library Do you have your own governing board? Yes No Legal Board Name This is the legal name that the funds will be paid too Must match IRS TIN information Pontiac Public Library Government Facility Street Address Mailing Address 60 East Pike Street City State / Province / Region Pontiac MI Postal / Zip Code Country 48342 United States of America Submission Information Name Devan Brie S. Green Title Library Director Email dbareenOtln.lib.mi.us Phone 248-758-3940 Authorized Official Individual authorized to sign Interlocal Agreement Name Mattie Hatchett https://publicdocs2.oakgov.com/Forms/form/submission/history/38140/73952?hideHeader=true 1/4 11/16/2020 Expenditure Review i Laserfiche Forms Title Chair of Library Board Email hatchett63630gmail.com Phone 248-802-0980 Funding Information Payment Method Electronic (ACH) , Check Payment Financial Institution Information Name of Financial Institution Nine -Digit Routing Transit Number Account Number Account Type ,.) 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 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 Expenditure PPE and Pandemic Related ID Description Supplies 11472M-1 Expenditure Category Personal Protective Equipment StartDate 11/10/2020 End Date 11/30/2020 Amount $ 5,078.90 Compliance Explanation This is the purchase order for PPE Supplies such as hand sanitizer, sanitizer dispensers, masks, gloves and signage related to social distancing. Compliance Records Purchase order as this order was created this month. hftps://publicd ocs2.oa kg ov. co m/Forms/form/submission/history/38140/73952? h ideHeader=true 2/4 11/16/2020 Expenditure Review i Lasencche Forms 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. PPE.PurchaseOrder11.06.2020... 69.41 KB Expenditure Approval* Approved Rejected Total Submitted Amount $ 5,078.90 Total Approved Amount $ 5,078.90 Pay Partial Amount ,Yes Compliance Requirements By submitting this Form the applicant affirms that it will abide by each of the following requirements when using Oakland Together COVID Support funds. Please check the box next to each requirement to confirm your intent to abide by these The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. The expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the CARES Act Coronavirus Relief Fund. Upon approval of this Form, the applicant will be provided with an Interlocal Agreement or Contract, which must be executed prior to the release of any funds, and which lists further requirements including but not limited to: • The applicant must agree to participate in the production of documents required by any future audit of the CARES Act program, and funds not spend in accordance with the Act must be returned to the County. • The applicant must agree that they have not received federal or state funds to cover these expenditures and in the event they receive direct funding from the federal or state government to cover these expenses, the county money will be returned. Date Submitted 11/10/2020 Is this vendor already registered in PeopleSoft?* Yes No https://publicdocs2.oakgov.com/Forms/form/submission/history/38140/73952?hideHeader=true 314 11/16/2020 VendorlD: 0000006804 Expenditure Review I Laserfiche Forms Address ID: 1 https://publicdocs2.oakgov.com/Forms/form/submission/history/38140/73952?hideHeader=true 4/4 11/16/2020 Expenditure Review i Laserfiche Forms Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11505M Government Facility receiving Funds Payee Pontiac Public Library Local Government Facility i Municipality (CVT) Library/Community Center/Senior Center Government Facility Name Pontiac Public Library Do you have your own governing board? , Yes No Legal Board Name This is the legal name that the funds will be paid too Must match IRS TIN information Pontiac Public Library Government Facility Street Address Mailing Address 60 East Pike Street City State / Province / Region Pontiac MI Postal / Zip Code Country 48342 United States of America Submission Information Name Devan Brie S. Green Title Library Director Email dboreenCa)tln.lib.mi.us Phone 248-758-3940 Authorized Official Individual authorized to sign Interlocal Agreement Name Mattie Hatchett https //publicdocs2.oakgov.com/Forms/form/submission/history/38432/73959?hideHeader=true 1/4 11/16/2020 Expenditure Review I Laserfiche Forms Title Chair of Library Board Email hatchett63630amail.com Phone 248-802-0980 Funding Information Payment Method � Electronic (ACH) Check Payment Financial Institution Information Name of Financial Institution Nine -Digit Routing Transit Number Account Number Account Type 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. 1 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 Expenditure PPE and Disinfectant Supplies ID Description 11505M-1 Expenditure Category Personal Protective Equipment Start Date 11/12/2020 End Date 11/30/2020 Amount $ 591.26 Compliance Explanation This order is for alcohol wipes, disinfectant and PPE disposable face masks. The library now uses these items daily to aid in mitigation efforts due the pandemic. https.//publicdocs2.oakgov.com/Forms/form/submission/history/38432/73959?hideHeader=true 2/4 11/1612020 Expenditure Review I Laserfiche Farms Compliance Records This is a purchase order for an order we are placing this month. 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. PODG20201112.pdf 65.35KB Expenditure Approval* Approved Rejected Total Submitted Amount $ 591.26 Total Approved Amount $ 591.26 Pay Partial Amount I I Yes Compliance Requirements By submitting this Form the applicant affirms that it will abide by each of the following requirements when using Oakland Together COVID Support funds. Please check the box next to each requirement to confirm your intent to abide by these The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. The expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the CARES Act Coronavirus Relief Fund. Upon approval of this Form, the applicant will be provided with an Interlocal Agreement or Contract, which must be executed prior to the release of any funds, and which lists further requirements including but not limited to: • The applicant must agree to participate in the production of documents required by any future audit of the CARES Act program, and funds not spend in accordance with the Act must be returned to the County. • The applicant must agree that they have not received federal or state funds to cover these expenditures and in the event they receive direct funding from the federal or state government to cover these expenses, the county money will be returned. Date Submitted 11/12/2020 https://publicdocs2.oakgov,comIForms/form/submission/historyl38432f73959?hideHeader=true 3/4 11 /16/2020 Expenditure Review I Laserfiche Forms Is this vendor already registered in PeopleSoft?* Yes No VendorlD: 0000006804 Address ID: 1 https://publicdoes2.oakgov.com/Forms/form/submission/history/38432/73959?hideHeader=true 4/4 ATTACHMENT B AGRf:EWNT FOR CARES ACT DItsTRIBCITION BETWEEN OAKLAND COUNTY AND Pontiac Public Library ]'his Agreement (the "Agreement") is made between Oakland County, a ;vtunicipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County")„ and the Pontiac Public Library ("Public Body") 60 East Pile Street Pontiac, Mi. County and Public Body may be reterred to individually as a "Party" and jointly as "Parties". PIJRPOSE OF AGRE�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 .veq., I'm- tine purpose of Count-N distributing a portion of its CARES Act funds to Public Body. County has allocated a portion of its CARES Act linnets 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, represcutations. and assurances in this Agreement. the Parties agree to the following: 1. DEFINITIONS. "Pile 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 of1his 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 tees, court costs, investigation expenses. litigation expenses. amounts paid in settlement, and/or other amounts or liabilities ofany kind which are incurred by or asserted against County or Public Body, Orfor which County or Public Bock may become legal]), and/or contractually obligated to pay or defend against. k0mher direct, indirect or cunseclucntial, whether based upon any alleged violation 01 the lederal or the state constitution, any federal or state statute. rule, regulation, or any alleged violation of tederal or state common law, whether any such claims are brought in luw or equity, tor(. 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, kevs. and recur.ity procedures, to the extent that the records relate to ongoing security of County as well as records or information to protect the security or salety ofpersons 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. Ld. Cotmmeans Oakland County. a Municipal and Constitutional Corporation, including, but not limited to, all ofits departments, divisions, the Count)' Board orCommissioners, elected and appointed officials. directors, board members, council members, Commissioners, authorities, committees. employees. agents, volwtteeN, andior any such persons" successors. Page 1 of 7 OAKLAND TOGETHER CARC'S ACT LCSC F1INn - INTER "CAI. ACA21' F N'l I" NT 1.5. Lea, means any calendar day beginning at 12:00 a.m. and ending at 1 1:50 p.m. IA Public Bodv means the Pontiac Public Library including. but not limited to, its cauluil, its Board, its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, anchor any such persons' successors. L7. Public Bodv Gntpsya means any employees, officers. directors, members. managers, trustees, volunteers. allornevs. representatives of Public Body, licensees, concessionaires, contractors, subcontractors, independent contactors, agents, and/or ant' such persons' successors or predecessors (whether such persons let 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 tends provided tinder this Agreement. "Public Body Employee" shall also include any, person who was a Public Body Employee at any time during the term ofihis Agreement but, li,r any reason, is no longer employed, appointed, or elected in that capacity, 1.8, CARES Act fut ib means the money distributed to the County by the United States Department of'1 reasury 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. 1,CSCW means public libraries, public, community centers. and public senior centers, 1,10. Oakland ToW, her LCSC funds means that portion of the CARES Act funds which the County has allocated to L.C'SCs within Oakland County. 1,1 1. Exnenditttre 5ghmisxfnn 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 funds to Public Body for expenses already incurred by Public Body. 1,12. OCE means the Office oftlre Oakland County ESCCUIiye, which include, the Chief Deputy and other Deputy County EXCCUtiVCS. [,11, Oversight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together LCSC funds. 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; 1, 2020, but alter the date on which it submits the Purchase Order ur OCE. 2. COUNT 1 RESPONSIBILITIES. 2.1, OCIr will review Public Body's Expenditure Submission Fornts and/or Purchase Orders to determine whether Public Body is eligible to receive a distribution of Oakland Together LCSC Ands. 'This determination will be in the OCE's discretion pursuant to the "Coronavirus Retif 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. 2.1. 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 funds, or if the amount of Oakland Together LCSC Rinds available tine not sufficient to fulfill Public Body's Expenditure Submission Forms or Purchase Orders, Page 2 of 7 Q)A1:f.ANllTC1t.F.T1�R,t2CARf+.SA['T1.C�4CRt1Nt).1!v�rr�Rtl,tlrnt nr.tiGrfvtt�na' 2.4. After November 30. 2020. County will not accept any further Lxpenditure Submission Forms or Purchase Orders front Public Body, end County will retain the balance of tniv Oakland Together LCSC finds which are not Covered by an approved Expenditure Submission Form or Purchase Order. 2,i. 1 f 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 detennining Public Body's eligibility for Oakland Together LCSC funds, and the amount of said funds to be distributed to Public Body. 3. PUBLIC 13013Y RFSPONSiI3JUTIF.S. 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 OCL and receive OCE approval prior to the receipt of any Oakland 'together LCSC funds. 3 ?. in an Expenditure Submission Form. Public Body shall only apply liar Oakland '1'ogether LCSC funds to pay for expenditures or programs already made by Public Body. .i. 3. in a Purchase Order, Public Body shall only apply tier Oakland 4 ogether LCSC funds to pav for expenditures that it intends to incur during the period between when the Purchase Order is submitted and December 31. 2020, 3.4. Public Body shall IbIlow 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 hinds to pay for expenses incurred due to the COVID-19 public health emergency, and which expenses were not accounted lot - 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 funds as revenue replacement. 3.8, Public body shall not redistribute Oakland'rogether LCSC funds, except Public Body ;hull 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 Form 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, 11. If Public Body receives all amount Of funding from the federal or state government to cover expenses for which Public Body received Oakhtnd 'Together LCSC funds, Public Body shall return that amount of Oakland Together LCSC funds to County. This docurnent is available at httf}v:h'home.ucasurv.eovrsystem tiles/(36;Coronaviras-Relief-fund-Guidance-fiir-St;tle- I en itorial-Local-and-'Tribal-Gnverninetnls�acl,f _ Page 3 of 7 fA ATLT A NJ n Tt1P_'r'rVTU0!'' A 1]PQ I nQ: V1 W11 rxrmnnr �'AI I1111Y?AK!" Tl 3.12. Public Body shall keep records of all expenditures of Oakland Together LCSC funds sufficient to demonstrate that said expetditures were in accordance with the guidance documents included in Section 2.1 for a period of 10 (ten) years, at a rninimum. 3.13. Public Body shall produce said records of expenditures upon request by County or OC13, or as required by any future audit ofthe CARES Act program. 3,14. Public Body shall submit records to OCE within 30 ( thirty) clays after expenditure of Oakland Together LCSC funds with a detailed description of how the londs were expended and how the expenditure of funds complied with the CARES Act guidance unless Public Body has already submitted said records with its Expenditurc Submission form or Purchase Order. 15, In the event it is determined by OCI , or any other audit under the CARES Act program, that Publie Body expended an amount of Oakland Together I.CSC funds in violation of the CARES Act requirements or this Agreement. Public Body shall be required to return that amount of money to County. 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 tit, 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 fluids 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 specitically 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 hecotnes 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. DURAT] ON OF INTE.RLOCA1, AGREEMENT, 4.1. This Agreement shall be effective when executed by both Patties 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. 'Phis Agreement shall remain in effect until .fanuary 11, 2021, or until cancelled or terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall comply with the record keeping, reporting, audit response, and fund return requirements of Section 3 after the termination of this Agreement if necessary. 5. ASSURANCES. Page 4 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTERLOC'AL AGREEMENT 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. Resnonsibility for Attornev Fees anti Costs. Except as provident 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 tees. 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. 5A. Costs, Fines, and Fees for Noncompliance. Public Body %hall be solely responsible for all costs, fines and fees associated with any misuse of the Oakland Together LCSC tunas and/or for noncompliance with this Agreement by Pubic Body Employees. 5,5. Reservation of Ribhts. This Agreement does not, and is not intended to, impair. divest, delegate or contravene any constitutional, stalutary. and/or other legal right, privilege, power. obligation, duty, or immunity ofthe 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, file 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.T 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 AC,REEM17NT. 6.1. County may terminate or cancel this Agreement at Lilly lime 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. l f County terninates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of CART S Act requirements or this Agreement. County may utilize tine 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 funds. 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. l , LEGATION OR ASSIGNMEN11. Neither Party shall delegate or assign any obligations or rights under this Agreement without tine prior written consent ofthe other Party. NO THIRD -PARTY BF.NEFICIARIEF�. Except as provided t6r the benefit ofthe 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 Pei -soil or entity. Page 5 of 7 OAKLAND TOGETHER CARES ACC LCSC FUND - INTERLOCAL AGREEMENT 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 ally existing or subsequent breach of this Agreement. No waiver of arty 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. SEVERAHILITV. If a court of competent jurisdiction finds a terns or condition of this Agreement to be illegal or invalid. then the term or condition shall be deemed severed from this Agreement. Al] other terms. conditions, and provisions of this Agreement shall remain in hull force. 11. PREC:FDFNCE. OF DOCUMENTS. In the ever)[ of a conflict between the terms and conditions of any of the documents that comprise this Agrectnettt, the terms in the Agreement shall prevail and take precedence over any allegedly conflicting tennis 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 convenienec of the reader and arc 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; fill the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing First class or certi lied US. mail, 13.1. 11Notice is sent to County, it shalt be addressed and sent to: Oakland County Executive, 2t00 Pontiac Lake Rd., Waterford, MI, 48328, and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Ml, 48341. 13.1 If Notice is sent to Public Body, it shall be addressed to: i60 East Pike Street Pontiac, MI 48342 14. GOVFRNiNC. I,AW/C'O S L NT TO,IIIRISDTC'TION Q,NI) V M hI IF. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. I'xcept its 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 dicttued 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 ofthis Contract (or any part, ihereol} trail the terms and conditions are fully satisfied or expire by their nature: Definitions (Section i ); Assurances (Section 5); No Third,Party Beneficiaries (Section 8): No implied Waiver (Section 9); Severability (Section I ft Precedence of Documents (Section 1 1); 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. Page 6 ol'7 0AICI ANt)T()P TI-IFRfAUPQACTICQ0VITNYt_,NTvn't»At �rtuccnna.sir 16, ENTIRE AGREEMEN-C, 16.1. 'Phis Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together LCSC funds With regard to the Oakland Together LCSC' funds, this Agreement supersedes all other oral or written agreements bettteen the Parties. 16.2. The language of this Agreement shall be construed as a whole according to its fitir meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Mastic Hatcliett, Chair of Library Board of Trustees hereby acknowledges that he/she has been authorized by a resolution of the Pontiac Public Library Board, a certified copy of which is attached, to execute this Agreement on behalf of Public Bodv and hereby accepts and Binds Public Body to the terms and conditions of this Agreement. EXECUTED: L ?( lf. DATE: 1 ' ! � 00/ Mattie Halchett, Chair, Pontiac Library Buard WITNESSED a tl _ r� DATE: Devan Brie S. Green. Library Director IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution ofthe Oakland County Board of Commissioners to execute this Agreement on ll' behaof oakiand County, and hereby ace epts and binds Oakland County to the terms and conditions ofthis Agreement. EXECUTED: WITiF,SSED: David Woodward, Chairperson Oakland County Board of Commissioners Oakland County Board of Commissioners County of Oakland DATE: DATE: Page 7 of 7 OAKLAND TOGETHER CARES ACT LCSC FUND - INTFA ZLOCAL A('RFFMF.RT Pontiac Public Library Special Library Board Meeting November 10, 2020 5:30pm 1. Roll Call Treasurer Maxey, Trustee Richardson, Trustee Duvall, Chair Hatchett (Vice Chair Earl logged in after roll call) 11. Approval of Agenda: Motion to approve Special Meeting Agenda with only one action item, to discuss and approve of Agreement between Oakland County and the Pontiac Public Library by Trustee Richardson, Seconded by Duvall. 111. Moment of Silence IV. Public Comment -none V. The purpose of the meeting to accept the Agreement for CARES ACT Distribution between Oakland County and Pontiac Public Library. Chair Hatchett asked Director Green to explain the agreement and give detail on what the Library is planning to submit. The Library Board has received the Interlocal Agreement via email prior to the meeting. There was discussion for the overall reimbursement opportunities. Director Green explained that the Library would apply for all sections available such as: Wages for the time the Library was closed, the quarantine time when all staff was home for 2 weeks due to one staff person testing positive, Covid-19 related supplies and electronic expenses. Trustee Richardson asked if there was a written resolution to vote on and also if the library could be reimbursed for paid trainings that the library staff attended. There was discussion on if the board needed a written resolution in addition to the signed Interlocal Agreement. The Director explained that the Library Board Minutes from the meeting will be submitted with the agreement. Trustee Duvall asked if the laptops that were purchased during the pandemic would be included. The Director stated that the purchase of the laptops would be an expense included in the application. There was discussion on whether Treasurer Maxey had any questions. He clarified that he had no questions. The Chair called for a Motion to accept the Agreement for Cares Act Distribution between the Library and Oakland County. Motion to accept the written Agreement between the Oakland County and the Pontiac Public Library for the CARES ACT Reimbursement By Trustee Richardson, Seconded by Duvall. Roll call: Chair Hatchett - Yes, Vice Chair Earl - Yes, Trustee Duvall - Yes, Trustee Richardson - Yes, Treasurer Maxey -Yes, Motion Passes Adjournment Motion to adjourn by trustee Richardson, Second by Trustee DuVall Roll call: Chair Hatchett - Yes, Vice Chair Earl - Yes, Trustee Duvall - Yes, Trustee Richardson - Yes, Treasurer Maxey- Yes Resolution #20604 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. OU4-Q Q L I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANTTO 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 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 19th day of November, 2020. Lisa Brown, Oakland County