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Home My WebLink AboutResolutions - 2020.12.07 - 34015MISCELLANEOUS RESOLUTION #20685 BY: Commissioners Gwen Markham, District #9; Michael Spisz; District #3 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE ROAD COMMISSION FOR OAKLAND COUNTY FOR DISTRIBUTION OF CARES ACT FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The Road Commission of Oakland County 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 Road Commission for Oakland County (RCOC) 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 RCOC and recommends the disbursement of $1,196,351.88 to the RCOC from the Oakland Together Local Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and WHEREAS the RCOC 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 Road Commissioner for Oakland County and authorizes the distribution of $1,196,351.88 from the Oakland Together Local Government Partnership program to the RCOC 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 for the RCOC. 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 RCOC. 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, we move for the adoption of the foregoing resolution. 4e� (M ar_ l Commissioner Gwen Markham Commission r Michael Spisz District #9 District #3 Road Commission for Oakland Campy Coold-19 Costs Thin November 30, 2020 ATTACHMENT A Projected thin Description Vendor quantity Unit Total Cost Daft Imome Number 12/31 Maaka $4,000 N51 120 each $ 2,394.00 8/24/2020 VU 10159]-904113791 Neoprene MIMed On cash $ 1,595.00 4/17/2020 Credit Card MIMed 400 each $ 6,38000 4/24/2020 Credit Card Medical SourceHub 2000 each $ 11900,00 5/5/2020 VP 134461-03I1 trail 8000 each $ 2,88000 7/20/2020 Vtl 141733-1201718 N51 150 each $ 5985 9/17/2020 VP 137599 - 981316147 Cloth Doffmdmg 1000 each $ 2,490 ED 4/30/2020 Credit Card Gloves Inventory $ 2,212.35 $2,200 MED NITRILE GLOVE CIVIL 100/BX BRONEB GLOVE AND SAFETY 50 By $ 47000 5/15/2020 282916 XLG NITRILE GLOVE MIL 100/0X ELCO LIMITED INC Us By $ 23 50 5/11/2020 10143 XLG NITRILE GLOVE MIL COONS ELCO LIMITED INC 40 By $ 294.00 5/2/2020 10143 LRG NITRILE GLOVE MIL 100/BX ELCO LIMITED INC TO EX $ 514 50 4/1/2020 10108 XLG NITRILE GLOVE 6 MIL OLDEN ELCO LIMITED INC 100 BX $ 235 00 3/19/2020 10080 ERG NITBILE GLOVE MIL Intel ELCO LIMITED INC 20 By $ 147.0 2/10/2020 9994 XLG NITRILE GLOVE MIL 100/BX IATEX/PWDB FREE,SAS RAVEN6651 ELCO LIMITED INC 50 By $ 367.50 2/10/2020 9994 XLG NITRILE GLOVE ] MIL 1DO/DS IVC SAFETY SERVICES, INC 40 EA $ 43B.00 2/7/2020 204B6 XLG NITRILE GLOVE MIL SAFETY SERVICES, INC 34 By $ 340 00 7/7/2020 20486 XLG NITRILE GLOVE 35 M IL 10O/D5 UVC SAFETY SERVICES, INC 6CA $ 28,30 7"/2020 20486 ERG NITRILE GLOVE MIL 100X/CS SAFM SERVICES, INC 50 By $ 610.00 ]%//20 C 70486 ERG NITRILE GLOVER MIL SO/DS 20/C SAFETY SERVICES, INC 30 EA $ Inamo 7/7/2➢20 20496 LRG NITRILE GLOVER MIL 100/BX O /C SAFETY SERVICES, INC 8 By $ 123 04 7/2/2020 70486 XLG NITBILE GLOVE 47 MIL 100/D510/C SAFETY SERVICES, INC 6 BX $ 6000 7/10/2020 70630 Thermometers Amazon 30 eadt $ 88990 4/9/2020 Craft Card Hand Sanldeer Germans 2 Updates $ 42.38 4/3/2020 Credit Card $1,200 Golden, 2 Olspemors $ 69.91 3/26/2020 Credit Card Smart Business 8 gallons $ 400.O0 5/11/2020 Credit Card Home Depot 32 Ono $ 354.15 7/9/2020 Credit Card COAm misc $ 281.81 8/18/2020 V9 102372 - REIMBURSEMENT - 08/18/20 Paper Towel Center Pull Inventory 1828 card $ 4,71800 $4,500 Cleaning Solution co, 1 $ 10.22 4/17/2020 Credlt Card home depot $ 120 B1 3/9/2020 CredR Card home depot $ 83 22 3/27/2020 Credit Card home depot $ 8208 3/27/2020 Credit Card dome depot $ 21.96 3/31/2020 Credit Card home depot $ 39.28 5/4/2020 Credit Card Grainger $ m%I3 8/17/20ui VN 101592-9622803006 Janitorial Supplies $4,000 Grainger $ 984,08 3/19/2020 9480460055 page 1 Grainger $ 333.12 3/20/2020 9481215466 page 4 Grainger $ 94B.32 3/24/2020 9484220780 page 5 Grainger $ 94026 5/4/2020 9521913377 &9522055434 page 6 If of 2) Grainger $ 723.40 5/27/2020 9543701222 page Grainger $ 216 40 3/31/2020 9491138948 Gainge. $ 112 88 4/1/2020 9493083324 Grainger $ 11104 4/0/2020 9499258359 Griner $ 222 08 4/8/2020 949925B342 Grainger $ 45900 4/16/2020 9506648550 Wipes Amazon 6 canlsters $ 25 32 4/30/2020 Credit Card $500 CVS 2counted, $ 1058 VN 102372- REIMBURSEMENT -W/15/20 Hand Soap Invent., 34 each $ 216,00 NA Cleaning Servlres $88,911 Survey Higher Ground $ B00.00 3/17/2020 2006 page 1 Deep Clean 1 Higher Ground cash $ 6,31100 3/30/2020 2008 page 2-3 $ 5,73125 4/11/2020 2009 page 4-5 Deep Clean 3 Higher Ground earn $ 3,97600 4/18/2020 2040 page E7 Deep Clean 4 Higher Ground each $ 3,265 90 4/25/2020 2011 page B-9 Emergency Deep Clean Higher Gmund Monthly BH $ 2,37600 5/1/2020 92014 page 10 Emergency Deep Clean Higher Ground biweekly $ 3,70400 5/2/2020 92013 page 11-12 Emergency Deep Clean Higher Ground biweekly $ 3,445.00 5/9/2320 #2015 page 13-14 Emergency Deep Claim Higher Ground biweekly $ 3,18000 5/17/2020 42016 page 15-IS Emergency Deep Clean Higher Ground biweekly $ 1,37750 5/23/2020 92017 page 12-18 Emergency Deep Clean Higher Ground bl weekly $ 4,261.75 5/31/2020 pID1B page 1920 Emergency Deep Clean Higher Ground Monthly BH $ 5,280.00 5/31/2020 p2D19 page 21 Emergency Deep Clean HlgherGmund bl weekly $ 1,82250 Aral #2021 page 2223 Emergency Deal Clean Higher Ground bl weeky $ 4,61250 6/14/2020 N2022 page 24 25 Emergency Deep Clean Wither Ground bl weekly $ 1,25375 6/21/2020 42023 page 26-27 Emergency Deep Clean Higher Ground bl weekly $ 6,940.00 6/27/IDID 1120241 yage 2.1. Emergency Deep Clean Higher Ground bl weekly $ 5,544.00 b/29/2020 #2026 page 31 12/4/2020 Road Commission for Oakland County Covldd9 Costs Thus November 30, 2020 Oescrlinim, Vendor Quantity LORD Total Coat Date Invoker, Number Emergency Deep Clean Higher Ground bl weekly $ 1,695 00 7/19/2020 #2029 Emergency Deep Clean Higher Ground biweekly $ 1,41025 7/2/2020 #2027 Emergency Deep Clean Higher Ground hi weekly $ 4,33425 2/26/Z➢20 #2030 Emergency Deep Clean Higher Ground biweekly $ 5,280.00 8/1/ID2o #2032 Emergency Deep Clean Higher Ground biweekly $ Z,250.00 e111202o #2031 Emergency Deep Clean Higher Ground bl weekly $ 1,447.50 8/2/2020 #2033 Emergency Deep Clean HlgherGround biweekly $ 4,250 25 7/11/2020 L.G. Emergency Deep Clean Higher Ground bl weekly $ 4,972 75 8/9/2020 92034 Emergency Deep Clean Higher Ground bl weekly $ 1,44750 8/16/2020 #2035 Emergency Deep clean Higher Ground bl weekly $ 4,053.00 9/23/2020 92036 Emergency Deep Clean Higher Ground bl weekly $ 2,550.00 9/1/2.A 92032 Emergency Crop Clean Higher Ground bl weekly $ 5,280.00 9/1/2020 WIDE. Emergency Deep Clean HlgherGround bl weekly $ 1,75225 8/29/2020 XID39 Emergency Deep Clean Higher Gmmrd biweekly $ 1,323 25 9/13/2020 #2040 Emergency Deep Clean HlgherGround biweekly $ 4,31200 9/1/20A #2041 Emergency Deep Clean Higher Ground biweekly $ 4,452.00 0/Z9/2020 K2042 Emergency Deep Clean HlgherGround bl weekly $ 4550P0 10/4/2020 92043 Emergency Deep Clean Higher Ground bl weekly $ 5,290.00 10/4/2020 02044 Emergency Deep Clean Higher Grountl bl weekly $ 1,323 75 10/4/2020 Cg45 Emergency Deep Clean Higher Ground bl weekly $ 1,49500 10/4/2020 IG046 Emergency Deep Clean Arm Offless, Waterford Dfflces, All districts Higher Ground hi weekly $ 8,08825 October droning costs Emergency0eep Cleam Arm Offices, Waterford Ohms, All Blubicts Higher Ground biweekly $ 8,088.75 November cleaning costs Emergency Deep Clean - Arm More Wigurbi Offices, All domes Higher Ground bl weekly Oecemher Storage CantelneR trustee 2 rash $ 15 00 7/8/2020 VN 102372-REIMBURSEMENT-07/15/20 Eam Shields Reed City Group 25 each $ 192.45 5/21/2020 Credit Card Andmlcmbial Hand Cln Inventory SB $ 433.44 NA ANTIMICROBIAL HAND CLEANER ACUITY SPECIALTY PRODUCTS 4 EA $ 9fi 32 6/26/2020 Von 100277-9005298412 ANTIMICROBIAL HAND CLEANER ACUITY SPECIALTY PRODUCTS 12 EA $ 28896 6/25/2020 Vfl 100222-9005298412 ANTIMICROBIAL HAND CLEANER ZEP ACCIAI M 314924 41 ACUITY SPECIALTY PRODUCTS 12 EA $ 86688 2/20/2020 Val 100222- 9004928015 mokshields BH-HE, Reception IMB Commercial 5 each $ 814.80 5/7/2020 Credit Card PVR Koslns 1 each $ 248 00 8/10/2020 Credit Card PVR Kosms 1 each $ 1,190 00 8/10/2020 Credit Card Lobby Security Guardian Alarm $ 3,45000 Vp 100318-20793731 Equipment costs for separate vehicles Rental Rate $10 11 x 25% 17,600 ar $7 58 $ 133,408.00 Labor for surface dean RCOC COD C, ew Leader 30 weeks(9 round per week) 27.220 per hour $ 7,36290 Laborer 30weeks in hours per week) 24.000 per hour $ 6,48000 Janitorial 18 weeks (20 hours per week) 21.600 per hour $ 7,77600 Installation of plexiglass screens Building and Maintenance Laborer 6 hours various locations 25 41U per hour $ 15246 Laptops for Remote Work Dell Precision 5540 Oell Marketing 9 each $ 19,952.90 4/27/2020 VA 100840 - 10369139682 Dell lattitude 5500 Dell Marketing 21 each $ 20,221.00 4/29/2020 VT 100840 10389766830& 10389950342 IT Set up for Remote Work 42 Mobile Workstations 126 Hours 29.559 per hour $ 3,72443 Risk Management Andrew Course, Risk Manager 20 hours 45264 per hour $ 905.28 Harold Hlggms Safety Supervisor 10 hours 32 780 perhour $ 590P4 Labor Cast for COVld Leave Time thru 0119) Emergency Sick - Self $ 295,506.53 Emergency Sick - Other $ 98,042.25 Temp FMIA Expansion $ 01,472.To $809,802 14 reed -19 Administrative Leave $ 3so rho16 Projected Additional Covltl related Sick Time Total Cost $ 1,196,351.88 Projected rims 12/31 page 32-33 page 34-35 page 36-32 Page 30 page 39 page 40 page 4142 page 43 44 page 4546 page 47 48 page 49 page 50 page 5l-52 page 1455 page SG 52 page 58 59 page 61 page 62 page 63d4 page 65 $ 8,08025 $5,D00 $21,775 12/4/2020 ATTACHMENT B AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND THE ROAD COMMISSION FOR OAKLAND COUNTY This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Road Commission for Oakland County ('Public Body"), 31001 Lahser Road, Beverly Hills, Michigan 48025, County and Public Body may be referred to individually as a "Party" and jointly as 'Parties". g $POSF, 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 e1 seq., for the purpose of County distributing a portion of its CARES Act funds to Public Body to assist Public Body in meeting certain areas of need caused by the COVID-19 pandemic. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or 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 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 persons' successors. Page 1 of 7 OAKLAND TOGETHER CARES ACT INTERLOCAL AGREEMENT - RCOC 1.5. p-y means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.6. Public Body means the Road Commission for Oakland County including, but not limited to, its Board, its departments, its divisions, elected and appointed officials, directors, board members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.7. Public Body Employee 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. 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. Oakland Together CVT funs means that portion of the CARES Act funds which the County has allocated to local governments within Oakland County, including Public Body. 1.10. Expenditure Submission Form, means the form which Public Body must complete and submit to the Office of the County Executive (OCE) prior to any disbursement of Oakland Together CVT funds to Public Body. 1.11. OCE means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.12. Oversi ht Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together CVT funds. 2. COUNTY RESPONSIBILITIES. 2.1. OCE will review Public Body's Expenditure Submission Form(s) to determine whether Public Body is eligible to receive a distribution of Oakland Together CVT funds. This determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund Guidance for State, Territorial, Local and Tribal Government" or other guidenace issued by the Federal Government. OCE may request any supporting documentation it deems necessary to fully evaluate Public Body's eligibility. 2.2. If OCE determines that Public Body is eligible to receive a distribution, County will distribute the eligible amount to Public Body. 2.3. County is not obligated or required to distribute any Oakland Together CVT funds to Public Body if OCE determines that Public Body is not eligible to receive the funds, or if the amount of Oakland Together CVT funds available are not sufficient to fulfill Public Body's Expenditure Submission Form. If the amount of Oakland Together CVT funds available is less than the amount requested by Public Body in its Expenditure Submission Form, Public Body will receive the lesser amount. 2.4. After November 30, 2020, County will not accept any further Expenditure Submission Forms from Public Body. Page 2 of 7 OAKLAND TOGETHER CARES ACT INTERLOCAL AGREEMENT - RCOC 2.5. 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 RESPONSIBUATIES. 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 finds. 3.2. Public Body shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together CVT fonds, including, but not limited to, Section 601(d) of the Social Security Act and the "COPOnavifUs Relief Fund Guidance for State, Territorial, Local and Tribal Governments,"t 3.3. Public Body shall only expend Oakland Together CVT lands 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. 3.4. Public Body shall only expend Oakland Together CVT funds far expenses incurred during the period that begins on March I, 2020 and ends on December 30, 2020. 3.5, Public Body shall not use Oakland Together CVT funds as revenue replacement. 3.6. Public body shalt not redistribute Oakland'logether CVT finds, except Public Body shall be allowed to pay vendors and service providers, as permitted by the CARES Act, 3.7. Public Body shall not expend Oakland'fogether CVT funds in any manner that Public Body did not include in a submitted and approved Expenditure Submission Form. 3.8. If Public Body receives an amount of funding front 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 finds to Count}'. 3.9. Public Body shall keep records of all expenditures of Oakland Together CV-r finds sufficient to demonstrate that said expenditures were in accordance with the guidance documents included in Section 3.2 for a period of 10 (ten) ),curs, at a minimum. 3.10. Public Body shall produce said records of expenditures upon request by County or OCE, or as required by any future audit ofthe CARES Act program. 3.1 I, Public Body shall submit records to OC'1: 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 finds complied with the CARES Act guidance unless Public Body has already submitted said records with its Expenditure Submission Form. 3.12. 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. 'This document is available at httns://honiC.trCaSLirv,Lov/system/Ides/136/Coronavirus-Relief-I'unci-Guidance-fm-Stnte- Ten itorial .Local-nnd-Tribal-Governments.{_d[ Page 3 ol'7 OAKLAND TOGETHER CARE$ ACT INTERLOCAL AGREEMENT - RCOC 3.13. 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. 3.14, 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, if County is successful in its court action, 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. 3.15. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. County shall respond to and be responsible for Freedom of Information Act requests relating to County's records, data, or other information. 4. DURATION OF INTERLOCAL AGREEMENT, 4.1. This Agreement shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party. 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. 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. Resmonsibility for Attornev Fees and Costs. Except as provided for in Section 3.14, 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. Page 4 of 7 OAKLAND TOGETHER CARES ACT INTERLOCAL AGREEMENT - RCOC 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 Comaletion 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. 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 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 3.13 — 3.14 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 ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 9. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. Page 5 of 7 OAKLAND TOGETHER CARES ACT INTERLOCAL AGREEMENT - RCOC 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 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 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: Dennis G. Kolar, Managing Director, Road Commission for Oakland County, 31001 Lahser Rd., Beverly Hills, MI 48025 and separate copy addressed to Jennifer J. Henderson, General Counsel, Road Commission for Oakland County, 31001 Lahser Rd., Beverly Hills, MI 48025. 14. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above, 15. SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section 5); No Third -Party Beneficiaries (Section 8); No Implied Waiver (Section 9); Severability, (Section 10); Precedence of Documents (Section 11); Governing Law/Consent to Jurisidiction and Venue (Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record keeping, reporting, audit compliance, and fund return provisions of Section 3. 16. ENTIRE AGREEMENS. 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 OAKLAND TOGETHER CARES ACT INTERLOCAL AGREEMENT - RCOC 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, Dennis G. Kolar, Managing Director. hereby acknowledges that he/she has been authorized by a resolution of the Road Commission for Oakland County, 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 andd conditions of this �l / XC Agreement. // EXECUTED: //!n vn �d1 - DATE: //// o Dennis G. Kolar, Managing Director WITNESSED: DATE: 1 I - Shannon Miller, CleN of the Board 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: DATE: David Woodward, Chairperson Oakland County Board of Commissioners DATE: Oakland County Board of Commissioners County of Oakland Page 7 of 7 OAKLAND TOGETHER CARES ACT INTERLOCAL AGREEMENT - RCOC Resolution #20685 December 7, 2020 Moved by Gingell seconded by Spisz to suspend the rules and vote on Miscellaneous Resolutions #20667 through #20689 - 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 #20667 through #20689 - Board of Commissioners — Approval of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act Funding carried. Moved by Gingell seconded by Spisz resolutions #20667 - #20689 be adopted. Vote on resolutions: AYES: Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, M i*ham McGillivray, Middleton, Miller, Nelson, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman. (20) NAYS None. (0) A sufficient majority having voted in favor, the resolutions were adopted. La., ,SOLUTION 1 HEREBY �,PPf40VETHlS EXECUTIVE GHIF_F DEFUITy COUNTY 45.UTIV559A (7) RCTINC PUBS STATE In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this Th day of December, 2020. Lisa Brown, Oakland County