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HomeMy WebLinkAboutResolutions - 2020.12.07 - 34016MISCELLANEOUS RESOLUTION. #20686 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH TOWNSHIP OF ROSE 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 May4, 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 Township of Rose 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 Township of Rose and recommends the disbursement of $69,444.03 to Township of Rose from the Oakland Together Local Government Partnership Grant Program from CARES.Act — Coronavirus Relief Funds; and WHEREAS the Township of Rose 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 Township of Rose and authorizes the distribution of $69,444.03 from the Oakland Together Local Government Partnership program to Rose Township 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 Township of Rose. 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 Township of Rose. 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. Commissioner Bob H6ff an District #2 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11760M Government Facility receiving Funds Payee Township of Rose Local Government Facility r Municipality (CVT) r Library/Community Center/Senior Center CVT Name This is Ill is legal entity that is receiving the lands Rose Tvvp Government Facility Street Address Mailing Address 9080 Mason Street Address Line 2 City State / Province I Region Holly MI Postal / 21p Code Country 48442 United States of America Submission Information Name Dianne M Scheib -Snider Title Rose Township Supervisor Email dianne@rosetownship.com Phone 248.634-6889 Authorized Official Individual authorized to sign Intedocal Agreement Name Dianne M Scheib -Snider Title Rose Township Supervisor Email dianne@rosetownship.com Phone 248-634-6889 Funding Information Payment Method C Electronic (ACH) f• Check Payment Remittance Address Address 9080 Mason Street, Holly, MI 48442 City Holly State MI ZIP Code 48442 Expenditures Expenditure ID 11760M-1 Expenditure Description PPE safety and health protocol supplies and equipment Expenditure Category Personal Protective Equipment Start Date 3/1/2020 End Date 11/30/2020 Amount $ 28,048.84 Compliance Explanation PPE safety and health protocol supplies and equipment to enforce public health orders Compliance Records se attached Attachment All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund haee been in accordance Win section 601 (d) of the Social Security Act, Care Act PPE upload 1.pdf 1.11 MS Expenditure Approval* f Approved f% Rejected Expenditure ID 11760M-2 Expenditure Description North Oakland County Fire Authority payroll expense cover Covid-19 employees Expenditure Category Payroll for Public I-iealth and Safety Employees Start Date 3/1/2020 End Date 11/30/2020 Amount $ 15,207.00 Compliance Explanation Payroll of employees to cover Covid-19 (see attached) Compliance Records See attached Attachment All expenditures must be supported by records sufficient to demonshate that the amount of payments from the Fund have been in accordance wth section 601 (d) of the Social Security Act. Care act NOCFA payroll upload 2.pdf 170.55KB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 43,255.84 Total Approved Amount $ 28,048.84 Pay Partial Amount r , Yes CVr Cap Amount $ Previously $ Awarded Compliance Requirements By submitting this Form the applicant affirms that it vdll abide by each of the following requirements when using Oakland Together COVID Support funds. Please check the box next to each requirement to confirm your intent to abide by these W The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). P The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. W The expenditures were or vdll be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. W The expenditures are not being used as revenue replacement for the Public Body (CVT) to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the CARES Act Coronavirus Relief Fund. Upon approval of this Form, the applicant 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 11/24/2020 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11762M Government Facility receiving Funds Payee Township of Rose Local Government Facility r Municipality (CVT) f Library/Community Center/Senior Center CVT Name This is the legal entity that is receiving the funds Rose Twp Government Facility Street Address Mailing Address 9080 Mason Street Address Line 2 City State / Province / Region Holly MI Postal / Zp Code Country 48442 United Slates of America Submission Information Name Dianne M Scheib -Snider Title Rose Township Supervisor Email dianne@rosetownship.com Phone 248-634-6889 Authorized Official India r ual authorized to sign Interlocal Agreement Name Dianne M Scheib -Snider Funding Information Title Rose Township Supervisor Email dianne@rosetownship.com Phone 248-634-6889 Payment Method (', Electronic (ACH) r Check Payment Remittance Address Address 9080 Mason Street, Holly, MI 48442 Expenditures Expenditure ID 11762M-1 City Holly State MI ZIP Code 48442 Expenditure Description Administrative Expense direct cost associated with Covis-19 Expenditure Category Administrative Expenses Start Date 3/1/2020 End Date 11/30/2020 Amount $ 21,820.44 Compliance Explanation Administrative Expense with Covid-19 (see attached) Compliance Records see attached Attachment All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund hate been in accordance with section 601 (d) of the Social Security Act. Care Act AE upload 2 -1.pdf 312.52KB Expenditure Approval* f Approved r" Rejected Expenditure ID 11762M-2 Expenditure Description Telework Capabilities to remotely work Expenditure Category Improve Telework Capabilities of Public Employees Start Date 3/1/2020 End Date 11/30/2020 Amount $ 5,524.78 Compliance Explanation Telework to allow remote work direct result of Covid-19 (see attached) Compliance Records see attached 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 Secuny Act. Care Act Telework upland 2-2.pdf 206.55KB Expenditure Approval* r' Approved f Rejected Expenditure ID 11762M-3 Expenditure Description Public Health expense provide sanitary and clean work environment for public and employees Expenditure Category Public Health Expenses Start Date 3/1/2020 End Date 11/30/2020 Amount $ 5,012.40 Compliance Explanation Public Health safe work environment (see attached) Compliance Records see attached Attachment All expenditures must be supported by records sufficient to demonstrate that the amount of payments from the Fund haee been in accordance with section 601 (d) of in( - Social Security Act, Care Act Public Health upload 2-3.pdf 269.12KB Expenditure Approval* r Approved r Rejected Total Submitted Amount $ 32,357.62 Total Approved Amount $ Pay Partial Amount r-i Yes CVT Cap Amount $ Previously $ Awarded 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 confinn your intent to abide by these P The expenditure of the funds is necessary due to the public health emergency win respect to the Coronavirus Disease 2019 (COVID-19), rd The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. r1 The expenditures were or will be Incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. rJ 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 othermse qualify under the CARES Act Coronavirus Relief Fund, Upon approval of this Form, the applicant will be provided Wth an Interlocal Agreement or Contract, Mich 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 Win 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 11/24/2020 Oakland Together COVID Support Fund Expenditure Submission Form Application ID 11788M Government Facility receiving Funds Payee Township of Rose Local Government Facility r Municipality (CVT) r Library/Community Center/Senior Center CVT Name This is the legal entity that is rec Mng the funds Rose Twp Government Facility Street Address Mailing Address 9080 Mason Street Address Line 2 City State / Prounce / Region Holly MI Postal / Zip Code Country 48442 United States of America Submission Information Name Debbie Miller Title Clerk Email clerk@rosetownship.com Phone 248-634-8701 Authorized Official Indtidual authorized to sign Intedocal Agreement Name Debbie Miller Title Clerk Email clerk@rosetownship.com Phone 248-634-8701 Funding Information Payment Method r Electronic (ACH) (- Check Payment Remittance Address Address 9080 Mason Street City Holly State MI ZIP Code 48442 Expenditures Expenditure ID 11788M-1 Expenditure Description Primary & General Elections Expenditure Category Administrative Expenses Start Date 7/1/2020 End Date 11/25/2020 Amount $ 9,037.57 Compliance Explanation Misc $50 election appreciation bonus for election inspectors, addl PPE sneeze shields floor signs masks for elections, addl absentee appl postcards for Aug & Nov, addl folding tables for election inspectors and voters, Compliance Records see attached Attachment All expenditures most be supported by records sufficient to demonstrate that the amount of payments from the Fund have been In accordance Win section b01 (d) of the Social Security Act, Copy of Reimbursement for 2020 election costs 137.86KB related to COVID CARES-2.pdf Expenditure Approval* r Approved f Rejected Total Submitted Amount $ 0,037.57 Total Approved Amount $ Pay Partial Amount I — Yes CVT Cap Amount $ Previously $ Awarded Compliance Requirements By submitting this Form the applicant affirms that it w II 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 fJ The expenditure of the funds is necessary due to the public health emergency Wth respect to the Coronavirus Disease 2019 (COVID-19). V The expenditures were not accounted for in the budget most recently approved as of March 27, 2020. V The expenditures wore or Wit be incurred during the period that begins on March 1, 2020 and ends on December 30, 2020, DTI 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 11/25/2020 ATTACHMENT B AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND Township of Rose This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Rose Township") 9080 Mason Street, Holly, MI 48442. County and Public Body may be referred to individually as a "Party" and jointly 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: 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. Agreemen means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1,2. Qaims 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. Counly 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. 1.5. Dal means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. Page I of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 1.6, Public Bodv means the Township of Rose 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 Bgdv 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 Cimds 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 Rinds. 1.8. CARES Act funds means the money distributed to the County by the United States Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, 1.9. CVTs means Cities, Villages, and Townships. 1.10, Oakland Together CVT funds means that portion of the CARES Act funds which the County has allocated to CVTs within Oakland County. 1.11. Expenditure Submission Term means the fern 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. L12, OCE means the Office of the Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1.13. Oversight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together CVT fluids. 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. 23. County is not obligated or required to distribute any Oakland Together CVT finds to Public Body if OCE determines that Public Body is not eligible to receive the fiords, 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 OA1aAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 2.5. If County retains the balance of Oakland Together CVT funds not covered by unapproved 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 maybe 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 Departinent, and the County, when expending Oakland Together CVT funds, including, but not limited to, Section 601(d) of the Social Security Act and the "Coronavinis Relief Fund Guidance for State, Territorial, Local and Tribal Governments,"t 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 fiords 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 httos://home.treasurv.eov/system/files/136/CoronavirLIs-Relief Fund-Guidance-for-State- Territorial-1.ocal-and-Ribal-Govemntents.odf Page 3 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 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 fiords that are in Cou nty'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 Coumty's right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to County under this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if Public Body becomes delinquent in its payment, Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure, its payment under this Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and court costs, incurred by County in the collection of any amount owed by Public Body. 3,17. 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. 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 .Tanuary 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 fiord return requirements of Section 3 after the termination of this Agreement if necessary. 5. ASSURANCES, 5.1. Responsibility for Claims. Each Party shall be responsible for any Claims made against that Party by a third party, and for the acts of its employees arising under or related to this Agreement. 5.2. Responsibility for Attornev Fees and Costs. Except as provided for in Section 3.16, in any Claim that may arise from, the performance of this Agreement, each Party shall seek its own Page 4 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT legal representation and bear the costs associated with such representation, including judgments and attorney fees. 5.3. No Indemnification. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be inderrmifred 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 teens and conditions contained herein. 5.7. Compliance with Laws. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed tinder 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 fiends 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 teruinates 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 mariner 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 IMP(JFD 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 tern, condition, or provision of this Agreement. Page 5 of 7 OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 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 terms in the Agreement shall prevail and take precedence over any allegedly conflicting terms and conditions. 12. CA1' TONS, 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 phiral, 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: 9080 Mason Street, Holly, MI 48442. 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 AGREEMENT, 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 OAIMAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT 16.2. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Dianne Scheib -Snider, Supervisor hereby acknowledges that he/she has been authorized by a resolution of the Township of Rose, 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. �� I1 EXECUTED: yi, /! n DATE: - I `02o,Za Diarme Scheib -Snider, Rose Twp, Supervisor WITNESSED: DATE: Debbie Miller, Rose Twp, Clerk IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: WITNESSED: David Woodward, Chairperson Oakland County Board of Commissioners Oakland County Board of Commissioners County of Oakland Page 7 of 7 DATE: DATE: OAKLAND TOGETHER CARES ACT CVT FUND-1NTERLOCAL AGREEMENT Resolution #20686 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;irkham 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. U, aL, I HEBEBYppt ROVE THISFc�SOLUTION CHIF_F DErUTY COUNTY EXECUTIVE PCTIN a PURSUANT TO MCL 45.559A (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 December 7, 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 Ph day of December, 2020. Lisa Brown, Oakland County