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Home My WebLink AboutResolutions - 2020.11.19 - 33927REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION UNDER NEW BUSINESS MISCELLANEOUS RESOLUTION #20608 BY: Commissioner Kristen Nelson, District #5 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF SYLVAN LAKE FOR DISTRIBUTION OF CARES ACT FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's local governments and their front-line essential services employees have been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19 public health/emergency response and economic recovery; and WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and Economic Security Act's (CARES Act) — Coronavirus Relief Fund (CRF) to respond directly to the emergency as well as expenditures incurred to respond to second -order effects of the emergency; and WHEREAS guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked Questions" dated May 4, 2020, indicates that a county may but is not required to allocate funds to a local government within the county; and WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland Together Local Government Partnership Grant program with an allocation of $35,000,000 of CARES Act - Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health emergency; and WHEREAS the City of Sylvan Lake 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 City of Sylvan Lake and recommends the disbursement of $46,216.81 to the City of Sylvan Lake from the Oakland Together Local Government Partnership Grant Program from CARES Act— Coronavirus Relief Funds; and WHEREAS the City of Sylvan Lake 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 City of Sylvan Lake and authorizes the distribution of $46,216.81 from the Oakland Together Local Government Partnership program to the City of Sylvan Lake 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 City of Sylvan Lake, 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 City of Sylvan Lake. 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. Yv,;XA N44v4 Commissioner Kristen Nelson District #5 I'_1 a F_T01 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 FAC is 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 10861M Submission Contact Information Local Government Facility* r Municipality (CVT) r School r Library/Community Center/Senior Center What CVT are you located within?* Sylvan Lake Name * City of Sylvan Lake Title * (?) Chief of Police Email* �I chief@sylvanlake.org Verify Email* chief@sylvanlal<e.org Re-enter email address Phone* 248-672-0602 Authorized Official Individual authorized to sign Intedocal Agreement Name* John Martin Title * (?) City Manager Email* citymanager@sylvanlake.org Verify Email* citymanager@sylvanlake.org Re-enter email address Phone* 248-682-1440 Funding Information Payment Method * f• Electronic (ACH) f; Check Payment Financial Institution Information Name of Financial Institution* Flagstar Bank Nine -Digit Routing Transit Number* Verify Routing Transit Number* Account Number* Verify 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 Enter expenditure information in the fields below. Click "Add" for an additional set of fields to submit up to 3 separate expenditures. Expenditure ID 10861M-1 Expenditure Description* Touchless bathroom fixtures and remote working technology Date* 9/11/2020 Amount* $44,043.00 Compliance Explanation The City of Sylvan Lake provides 24 hour a day services to How is the expenditure connectedtothe COVID-19 the residents of the community. During the coronavirus pandemic and/or state or county health orders? pandemic we have continued to provide full services. The Briefly summarize or include cover memo City has worked diligently to keep the community we serve * and City staff safe and coronavirus negative. We have taken several steps to decrease the potential for infection. We continue to examine ways to reduce the risk of infection. The City of Sylvan Lake owns and maintains several facilities to include the municipal building, public works garage, community center, parks and recreation building and Ferndale Park bathroom building. All facilities have bathrooms that are used by the community and City staff. To reduce direct contact between members of the community as well as City staff we are requesting funding to install touchless toilets, faucets, and soap dispensers in City facilities. In accordance with the City of Sylvan Lake purchasing procedures the City has received a bid in the amount of $40,729. This item was not budgeted for in fiscal year 2021. The need has arisen based on the coronavirus pandemic. Once approved, the vendor anticipates being able to install all items within 30 days. The City of Sylvan Lake has held all public meeting via Zoom since March of 2020. To improve our staff's ability to telework and enable compliance with COVID-19 public health precautions the City has purchased a mobile workstation. Prior to the purchase of the mobile workstation the City did not have the necessary equipment to work remotely and participate in remote video conferencing such as Zoom. The total cost for the laptop was $3,314. This item was not budgeted for in fiscal year 2021. The need has arisen based on the coronavirus pandemic. The City has already received the computer and invoice has been paid. The City of Sylvan Lake is requesting funding in the amount of $44,043. These expenses are a necessary cost related to the COVID- 19 public health emergency. The expense will be incurred during the period of March 1, 2020 and ending December 30,2020. Compliance Records The quote in the amount of $40,729 has been included in Financial records that demonstrate Compliance. this submission for all proposed work on City facilities. Once Please mean excel spreadsheet as a coverto the work is completed the City will submit all invoices and individual Invoices (Compliance Records should be payments that have been made by the City of Sylvan Lake. uploaded with Submission Form) * The invoice in the amount of $3,314 for the mobile workstation has been included in this submission. The City has already received the computer and invoice has been paid. The City further agrees to produce any additional documents that may be required in the future. 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. Touchless Bathroom Fix and Remote 804.88KB Technology.pdf (Uploaded documentation must be a single file of size 2 NIB or less. Saving or scanning with a lower resolution (dpi) and monochrome can reduce file size.) Total Expenditure Amount $ 44,043.00 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 rJ 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, 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 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. CVT COVID Support Expenditure Review Form 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 10725M Submission Information Public Body(CVQ Sylvan Lake Name Dennise Dryden Title Clerk/Treasurer Email clerk-treasurer@sylvanlaice.org Phone 248-682-1440 Public Body (CVT) Authorized Official Name John Martin Title City Manager Email citymanager@sylvanlake.org Phone 248-682-1440 Funding Information Payment Method F Electronic (ACH) r Check Payment Financial Institution Information Name of Financial Institution Nine -Digit Routing Transit Number Account Number Account Type 6 Checking C Savings 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'sI, 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 10725M-1 Expenditure Description August Election COVID Expenses Date 6/15/2020 Amount $ 600.88 Compliance Explanation 4 Sneeze Guards Compliance Records Receipt 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. SneezeGuards.pdf 102.681<13 Expenditure Approval* r Approved r Rejected Expenditure ID 10725M-2 Expenditure Description City Hall & Elections COVID Expense Date 4/30/2020 Amount $ 80.96 Compliance Explanation Touchless Thermometer Compliance Records Receipt 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. Touchless Thermometer.pdf 102.32KB Expenditure Approval* r Approved r Rejected Expenditure ID 10725M-3 Expenditure Description Postage Date 5/22/2020 Amount $ 615.00 Compliance Explanation Postage for mailing all registered voters applications to vote beyond permanent AVs. Compliance Records Record Attachment All expenditures must be supported by records strfficient to demonstrate that the amount of payments from the Fund have been in accordance moth section 601 (d) of the Social Security Act. Postage AV Apps All Voters .pdf 17.47KB Expenditure Approval* C Approved f Rejected Expenditure ID 10725M-4 Expenditure Description COVID City Hall/Election Facilities Date 7/21/2020 Amount $ 276.97 Compliance Explanation Hard surface leave on cleaner Compliance Records Receipt Attachment Al expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund have been in accordance wrath section 601 (d) of the Social Security Act. Hard Surface Cleaner C Cntr.pdf 105.29KB Expenditure Approval* rC Approved C Rejected Expenditure ID 10725M-5 Expenditure Description COVID Cleaning Date 4/6/2020 Amount $ 600.00 Compliance Explanation Disinfecting fog of City Hall and Police Department Compliance Records Receipt 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 Securty Act. NBS.pdf 315.12KB Expenditure Approval* r'� Approved r Rejected Total Submitted Amount $ 2,173.81 Total Approved Amount $ Compliance Requirements By submitting this Form the Public Body (CVT) affirms that it Wit abide by each of the followng requirements when using Oakland Together CVT funds. Please check the box next to each requirement to confirm your intent to abide by these requirements: 1J The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). 17 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. Pf 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 Public Body (CVT) will be provided With 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 9/2/2020 ATTACHMENT B AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND City of Sylvan Lake This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ('County"), and the City of Sylvan Lake ('Public Body") 1820 Inverness, Sylvan Lake, MI 48320. County and Public Body may be referred to individually as a "Party" and j ointly as "Parties". PURPOSE OF AGREEMENT, County and Public Body enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of County distributing a portion of its CARES Act funds to Public Body. County has allocated a portion of its CARES Act funds to be distributed to CVTs within Oakland County, which will be used to assist CVTs 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: L DEFINITIONS, The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: I.I. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2, Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or 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 County as well as records or infornation 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 Coutnty Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. Page 1 of 7 OAKT,ANTI T"GETHE.R CARES ACT C'VT FUND - INTERLCICAT, AGREEMENT 1.6. Public Bodv means the City of Sylvan Lake 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 Bodv Emnlovee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires, contractors, subcontractors, independent contractors, agents, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal, representative or official capacities), and/or any persons acting by, through, under, or in concert with any of the above who use or have access to the Oakland Together CVT funds provided under this Agreement. "Public Body Employee" shall also include any person who was a Public Body Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. "Public Body Employee" does not include an individual resident of Public Body who receives an authorized distribution of Oakland Together CVT funds. 1.8. CARES Act funds means the money distributed to the County by the United States Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act. 1.9. CVTs means Cities, Villages, and Townships. 1.10. Oakland Together CVT funds means that portion of the CARES Act funds which the County has allocated to CVTs within Oakland County. 1.11. Exnenditure Submission Form means the form which Public Body mast complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together CVT funds to Public Body. 1.12. OCE means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Oversight Cmpmittee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together CVT funds. 2. COUNTY RF.SPONSTBTLTTTF.S. 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 Oaldand 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. 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms from Public Body, and County will retain the balance of any Oakland Together CVT funds for which Public Body was originally eligible, but which are not covered by an approved Expenditure Submission Form. Page 2 of 7 nAWLANT1TnC_F+.TUF.uCARF.0ACT CVTFTTNn_TTrTr4D1f"CAT A11DVUN4VNTr 2.5. If County retains the balance of Oakland Together CVT funds not covered by an approved Expenditure Submission Form under Section 2.4, County may redistribute any or all of that amount to other eligible CVTs or as otherwise deemed appropriate by OCE. 2.6. OCE will work in collaboration with the Oversight Committee in determining Public Body's eligibility for Oakland Together CVT funds, and the amount of said funds to be distributed to Public Body. 3. PUBLIC BODY RESPONSIBILITIES. 3.1, Public Body may be eligible to receive a portion of Oakland Together CVT funds. Public Body shall complete and submit an Expenditure Submission Form to OCE and receive OCE approval prior to the receipt of any Oakland Together CVT fiords. 3.2. In its first Expenditure Submission Form, Public Body shall only apply for Oakland Together CVT funds to pay for expenditures or programs already made by Public Body, or for funds to pay Public Body's required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.3. Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together CVT funds, including, but not limited to, Section 601(d) of the Social Security Act and the "Coronavirus Relief Fund Guidance for State, Territorial, Local and Tribal Governments."i 3.4. Public Body shall not submit an Expenditure Submission Form for any expense which is eligible to be covered by a FEMA (Federal Emergency Management Agency) Public Assistance Reimbursement. Public Body may use Oakland Together CVT funds to pay the required 25% "cost share" or "local match" required to obtain a FEMA grant. 3.5. Public Body shall only expend Oakland Together CVT 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 CVT funds for expenses incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 3.7. Public Body shall not use Oakland Together CVT funds as revenue replacement. 3.8. Public body shall not redistribute Oakland Together CVT funds, except Public Body shall be allowed to provide direct assistance to individual residents of Public Body, and pay vendors and service providers, as permitted by the CARES Act. 3.9, Public Body shall not expend Oakland Together CVT fiords in any manner that Public Body did not include in a submitted and approved Expenditure Submission Form. 3.10. If Public Body receives an amount of funding from the federal or state government to cover expenses for which Public Body received Oakland Together CVT funds, Public Body shall return that amount of Oakland Together CVT funds to County. 3.11. Public Body shall keep records of all expenditures of Oakland Together CVT funds sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 3.3 for a period of 10 (ten) years, at a minimum. 3.12. Public Body shall produce said records of expenditures upon request by County or OCE, or as required by any future audit of the CARES Act program. i This document is available at httns://home.treasurv.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State- Territorial-Loc al-and-Tribal-G overnments.udf Page 3 of 7 nA Wt. AND TnC_F.TNF.R CARTS ACT CVT FUND - INTERLOCAL AGRF.F,MF,NT 3.13. Public Body shall submit records to OCE within 30 (thirty) days after expenditure of Oakland Together CVT funds with a detailed description of how the funds were expended and how the expenditure of funds complied with the CARES Act guidance unless Public Body has already submitted said records with its Expenditure Submission Form. 3.14. In the event it is determined by OCE, or any other audit under the CARES Act program, that Public Body expended an amount of Oakland Together CVT funds in violation of the CARES Act requirements or this Agreement, Public Body shall be required to return that amount of money to County. 3.15. In any case where Public Body is required to return an amount of money to County under this Agreement, Public Body agrees that unless expressly prohibited by law, County or the Oakland County Treasurer, at their sole option, shall be entitled to set off from any other Public Body funds that are in County's possession for any reason, including but not limited to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or retention of funds by County shall be deemed a voluntary assignment of the amount by Public Body to County. Public Body waives any Claims against County or its Officials for any acts related specifically to County's offsetting or retaining of such amounts. This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by County was actually due and owing under this Agreement. 3.16. Nothing in this Section shall operate to limit County's right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to County tinder this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if Public Body becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure its payment under this Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and court costs, incurred by County in the collection of any amount owed by Public Body. 3.17. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. 4, n11R ATN1N OF INTFRLOCALAGREEMENT. 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 Cleric with the Secretary of State. 4.2. This Agreement shall remain in effect until January 31, 2021, or until cancelled or terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall comply with the record keeping, reporting, audit response, and fund return requirements of Section 3 after the termination of this Agreement if necessary. 5. ASSURANCES, 5.1. Resnonsibility for Claims. Each Party shall be responsible for any Claims made against that Party by a third party, and for the acts of its employees arising under or related to this Agreement. 5.2. Resnonsibility for Attornev Fees and Costs. Except as provided for in Section 3.16, in any Claim that may arise from the performance of this Agreement, each Party shall seek its own Page 4 of 7 OAKLAND TTIGETHFR C ARR& ACT CVT FUND - TNTT PY,"PAT. Ar_uri VX4V v-r 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 Rights. 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 terns and conditions contained herein. 5.7. Comnliance 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 tinder this provision. If County terminates or cancels this Agreement, Public Body shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement. County may utilize the provisions in Sections 3.15 — 3.16 to recoup the amount of money owed to County by Public Body. 6.2. Public Body may terminate or cancel this Agreement at any time if it determines that it does not wish to receive any Oakland Together CVT funds. If Public Body terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together CVT funds it has already received. 6.3, If either Party terminates or cancels this agreement they shall provide written notice to the other Party in the manner described in Section 13. 7. DELEGATION OR A SSIGNMVNT, Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity, 9. NO IMPLIED WAIVER. Absent a written waiver, no act, faihtre, 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 "Air Awn TnC_'FTT4FR CARF.0 ACT CVT FITNII - TNTF.RLOC AI, AGRFF.MFNT No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10, SEVERABILITY, If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 11. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms and conditions of any of the documents that comprise this Agreement, the ternis in the Agreement shall prevail and take precedence over any allegedly conflicting terms and conditions. 12. CAPTIONS, The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning, The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender, and any use of the nominative, objective or possessive case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 13. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing first class or certified U.S. mail. 13.1. If Notice is sent to County, it shall be addressed and sent to: Oakland County Executive, 2100 Pontiac Lake Rd., Waterford, MI, 48328, and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, MI, 48341. 13.2. If Notice is sent to Public Body, it shall be addressed to: 1820 Inverness, Sylvan Lake, MI 48320 14, GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 15. SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section 5); No Third -Party Beneficiaries (Section 8); No Implied Waiver (Section 9); Severability (Section 10); Precedence of Documents (Section 11); Governing Law/Consent to Jurisidiction and Venue (Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record keeping, reporting, audit compliance, and fiord return provisions of Section 3. 16. ENTIRE, AGRF,EMENT, 16.1. This Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together CVT funds With regard to the Oakland Together CVT funds, this Agreement supersedes all other oral or written agreements between the Parties. Page 6 of 7 nAKY,ANDTnrFTNF.R CAREN ACT VVTTPrTNn-INTUDI n!"AI At--D rnRVN'r 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, John Martin, City Manager hereby acknowledges that he/she has been authorized by a resolution of the City of Sylvan Lake, 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: olu�ykfar frn',"City Manager WITNESSED: Denm e Dryden, CleAjAcasurer DATE: 10 (2-d z 07-0 DATE: 10 ) '�- '�)'[ W d-D 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 DATE: DATE: Page 7 of 7 n AW1.AN" TOC-FT14VD CA ACT f VT FIWD _ TNTV12Y,nC AL AC-12VVMRNT Resolution #20608 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, L I HERCIIYAPPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,g59A (T) 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