HomeMy WebLinkAboutResolutions - 2018.10.25 - 23835REPORT (MISC. #18369)
BY: Commissioner Michael Spisz, Chairperson, Economic Development and Community Affairs
Committee
IN RE: BOARD OF COMMISSIONERS — SPONSORSHIP OF 2018 MICAREERQUEST SOUTHEAST
EVENT — INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Economic Development and Community Affairs Committee, having reviewed the above referenced
resolution on October 16, 2018, reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Economic Development and Community Affairs Committee, I move the
acceptance of the foregoing report.
MICHAEL SPISZ
MISCELLANEOUS RESOLUTION #18359 October 25, 2018
BY: Commissioner Christine Long, Chairperson, General Government Committee
IN RE: BOARD OF COMMISSIONERS — SPONSORSHIP OF 2018 MICAREERQUEST SOUTHEAST
EVENT — INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the MiCareerQuest event is an innovative, hands-on career exploration experience for
thousands of high school students, along with their teachers and counselors, as they learn about today's
hottest jobs from working professionals; and
WHEREAS the MiCareerQuest Southeast Executive Committee has developed a unique opportunity for
businesses, students and counselors to connect through an interactive and inspirational event with the
focus on career awareness; and
WHEREAS this hands-on, interactive career fair that will feature companies from the most in-demand fields
such as healthcare sciences, information technology, advanced manufacturing and construction; and
WHEREAS a similar event drew 9,000 students from in an around Grand Rapids in 2017; and
WHEREAS over 100 companies and 10,000 high school students are estimated to attend the
MiCareerQuest Southeast event; and
WHEREAS the 2018 MiCareerQuest Southeast event is scheduled for November 28, 2018 at the Suburban
Collection Showplace in Novi; and
WHEREAS Oakland County has a long tradition of financial support for events such as the MiCareerQuest
Southeast which advance our community as one of the most prosperous counties in the nation; and
WHEREAS the limited expenditure of $5,000 in sponsorship of the 2018 MiCareerQuest Southeast event
promises to provide a lucrative investment in preparing Oakland County students a further understanding
of the strong career options available in our region; and
WHEREAS this agreement has been reviewed in accordance with the Board of Commissioners Automatic
Direct Referral Procedures and is recommended for approval; and
WHEREAS acceptance of this intergovernmental agreement does not obligate the County to any future
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes a one-time expenditure of $5,000 to be in accordance with the Rules of the Board of
Commissioners relating to Sponsorship of Events and Activities or Adjunct Committees for sponsorship of
the 2018 MiCareerQuest Southeast event.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves the
Interlocal Agreement between Oakland County and Oakland Schools, an Intermediate School District.
BE IT FURTHER RESOLVED the Board Chairperson, or his designee, is authorized to execute the
Agreement and any related documents between Oakland County and Oakland Schools with respect to the
MiCareerQuest Southeast event.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of the adopted resolution to the MiCareerQuest Southeast Executive Committee, the Oakland
County Economic Development and Community Affairs Department and the Superintendent of Oakland
Schools.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
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Commissioner Christine Long, District #7
Chairperson, General Government Committee
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer absent.
ADR REVIEW SIGN OFF - BOARD OF COMMISSIONERS
RESOLUTION TITLE: SPONSORSHIP OF 2018 MICAREERQUEST SOUTHEAST EVENT— INTERLOCAL
AGREEMENT BETWEEN OAKLAND COUNTY AND OAKLAND SCHOOLS
DEPARTMENT CONTACT PERSON: Michael Andrews 8-5115
DATE: 10/5/2018
DEPARTMENT REVIEW
Corporation Counsel:
Approved — Sharon Barnes (9/26/2018)
Department of Human Resources:
Approved (No Committee) — Heather Mason (9/26/2018)
Department of Management and Budget:
Approved — Lynn Sorikiss (9/27/2018)
AGREEMENT FOR SERVICES BETWEEN
OAKLAND COUNTY AND OAKLAND SCHOOLS
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Oakland Schools,
an Intermediate School District ("Oakland Schools"), 2111 Pontiac Lake Road, Waterford, MI 48328.
County and Oakland Schools may also be referred to jointly as "Parties".
PURPOSE OF AGREEMENT. Pursuant to Michigan Law, the County and Oakland Schools enter
into this Agreement for the purpose of providing reimbursement to Oakland Schools for the costs it will
reimburse to local school districts relating to the MiCareerQuest Southeast event ("Event"), to be held at
the Suburban Collection Showplace in Novi, on November 28, 2018.
During the Event, high school students will have the opportunity to participate in hands-on, interactive
exhibits that feature occupations in four, high-demand career quadrants-advanced manufacturing,
construction, health sciences, and information technology. This unique Event will give students a better
understanding of the career options available to them within the County and the region.
Approximately, 4,500 students from 50 Oakland County high schools are registered to attend the Event.
Participating Oakland County school districts will be responsible for providing transportation for their
students. Oakland County's contribution will be utilized by Oakland Schools to reimburse Oakland
County school districts ("School Districts") for their transportation costs of students to and from the Event.
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 Oakland Schools, or for which County or Oakland Schools 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. 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,
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SERVICES - INTERLOCAL AGREEMENT
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
1.4. au means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
2. OAKLAND SCHOOLS RESPONSIBILITIES. Oakland Schools shall:
2.1. Notify all School Districts participating in the Event of the opportunity to receive
reimbursement in accordance with this Agreement.
2.2. Require all School Districts that wish to receive reimbursement for student transportation
to submit an invoice documenting their costs.
2.3. Explain to School Districts the method it will use to determine the amount each School
District will be reimbursed if total reimbursement requests exceed five thousand dollars
($5,000).
2.4. Receive and verify invoices from School Districts and submit one detailed invoice to the
County's Board of Commissioners at 1200 North Telegraph Road, Building #12E, Pontiac,
MI 48341, within ninety (90) days of the Event. The invoice provided to the County shall
include the invoices submitted directly to Oakland Schools by the School Districts as
supporting documentation.
3. COUNTY RESPONSIBILITIES.
3.1. Within sixty (60) days of receipt of a detailed invoice from Oakland Schools, which meets
the requirements provided herein, the County shall reimburse Oakland Schools for an
amount not to exceed $5,000 (five thousand dollars).
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. This Agreement and any amendments shall be effective when executed by both Parties with
resolutions passed by the governing bodies of each Party, or by someone who is authorized to
sign this Agreement on behalf of the responsible governing board. The approval and terms of
this Agreement and any amendments, except as specified below, 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.
5. ASSURANCES.
5.1. 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. For any Claim that may arise from the performance of this Agreement, each Party shall seek
its own legal representation and bear the costs associated with such representation, including
judgments and attorney fees.
5.3. 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. 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
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SERVICES - INTERLOCAL AGREEMENT
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
5.5. 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.
5.6. 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. LIMITATION OF LIABILITY. In no event shall either Party be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
7. TERMINATION OR CANCELLATION OF AGREEMENT. If the Event is canceled, this
Agreement is void without either party incurring any obligation or penalty of any kind.
8. 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.
9. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Oakland
Schools.
10. 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.
11. 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.
12. 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.
13. 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.
14. FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither Party
shall be liable to the other for any failure of performance hereunder if such failure is due to any
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SERVICES - INTERLOCAL AGREEMENT
cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or
mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire,
explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work
stoppages, other labor difficulties, or any law, order, regulation, direction, action, or request of the
United States government or of any other government. Reasonable notice shall be given to the
affected Party of any such event.
15. 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.
15.1. If Notice is sent to County, it shall be addressed and sent to: Chairperson of the Oakland
County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341.
15.2. If Notice is sent to Oakland Schools, it shall be addressed to: Superintendent of Oakland
Schools, 2111 Pontiac Lake Road, Waterford, MI 48328 and copied to the Executive
Director, Legal Affairs, 2111 Pontiac Lake Road, Waterford, MI 48328,
16. 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.
17. ENTIRE AGREEMENT.
17.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the specific services described in the attached Exhibits. With regard to those
services, this Agreement supersedes all other oral or written agreements between the
Parties.
17.2. 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, Dr. Wanda Cook-Robinson, Superintendent of Oakland Schools, hereby
acknowledges that she is authorized by policy of Oakland Schools, to execute this Agreement on behalf
of Oakland Schools and hereby accepts and binds Oakland Schools to the terms and conditions of this
Agreement.
EXECUTED:
DATE:
WITNESSED:
DATE:
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SERVICES - INTERLOCAL AGREEMENT
AGREEMENT
ADM IN ISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, Michael J. Gingell, 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: DATE:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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SERVICES - INTERLO CAL AGREEMENT
Career Uvest
SOUTHEAST
On November 28, 2018, over 10,000 high school students from Oakland, Macomb, Wayne, Washtenaw,
Monroe, and Livingston counties will attend MiCareerQuest Southeast, at the Suburban Collection
Showplace in Novi. This inaugural event provides students with the opportunity to participate in hands-
on, interactive career exhibits that feature occupations in four, high-demand career quadrants —
advanced manufacturing, construction, health sciences, and information technology.
Based on the Board of Commissioner's expressed interest in assisting with transportation costs for
this event, the MiCareerQuest Southeast Executive Committee is respectfully requesting a $5,000.00
contribution to Oakland Schools Intermediate School District (ISO). This contribution would be utilized
to offset bus transportation costs to transport Oakland County high school students to and from this
event. Oakland Schools ISD would manage all requests and reimbursement for this event. The Oakland
County Board of Commissioners would be recognized as the funder/sponsor for the reimbursements.
MiCareerQuest was launched four years ago by West Michigan Works! and the Kent County
Intermediate School District as part of a larger effort to increase career awareness and career
exploration for high school students. MiCareerQuest has since been duplicated by Southwest Michigan
Works! in Kalamazoo, Michigan and will be making its debut in Southeast Michigan this year. Future
events are being planned by Capital Area Michigan Works! in Lansing and GST Michigan Works! in Flint.
While Oakland County and Oakland County Michigan Works! are taking the lead on this regional event,
it is the employers of the region that are driving the event's success through sponsorship, exhibiting of
occupations, design and layout of career quadrants, and collaborative approaches with education
providers to feature exciting activities for students to engage in. Beaumont Health is the event's
Platinum sponsor for the Health Sciences quadrant. SME is the Platinum sponsor for the Advanced
Manufacturing quadrant. A consortium of employers — DTE Energy, Consumers Energy, MUST
(Management and Unions Serving Together), and the Michigan Building and Construction Trades Council
— are the Platinum sponsors of the Construction quadrant. The Michigan Talent Investment Agency is
the Presenting sponsor with additional sponsorships from many other companies and organizations
including Oakland Community College, FCA, Magna International, Operating Engineers 324, McLaren
Oakland, Automation Alley, and Genisys Credit Union.
Due to the generous support of our sponsors, there are no costs for school districts to participate in this
exciting event. However, due to limited transportation budgets or even lack of transportation, some
school districts have indicated the transportation costs to and from the event could impact their ability
to participate. The Executive Committee of this event, comprised of business, education and
government partners, is committed to ensuring that school districts have access to funds, if needed, to
offset the costs of transportation.
We appreciate your consideration of this request and hope you will join us on November 28, 2018 at the
Suburban Collection Showplace.
FISCAL NOTE (MISC. #18359)
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS — SPONSORSHIP OF 2018 MICAREERQUEST SOUTHEAST
EVENT — INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Resolution authorizes a one-time expenditure of $5,000 for sponsorship of the 2018
MiCareerQuest Southeast event which helps prepare Oakland County students by giving them a
further understanding of the strong career options available in our region.
2. The Oakland County Board of Commissioners also approves the Interlocal Agreement between
Oakland County and Oakland Schools, an Intermediate School District.
3. The 2018 MiCareerQuest Southeast event is scheduled for November 28, 2018 at the Suburban
Collection Showplace in Novi.
4. Funding is available from the General Fund Assigned Fund Balance (G/L Account #383313) to
the Board of Commissioners General Fund, Administration Division, Special Projects Account.
5. The FY 2019 budget will be amended as follows:
GENERAL FUND (#10100) FY 2019
Revenue
9010101-196030-665882 Planned Use of Balance $ 5,000
Total Revenue $ 5,000
Expenditures
5010101-180010-731822 Special Projects $ 5,000
Total Expenditures _$ 5,000
TOM MIDDLETON
Resolution #18359 October 25, 2018
Moved by Kochenderfer supported by Woodward the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
1 MEV APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING 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 October 25,
2018, 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 County of Oakland at
Pontiac, Michigan this 251b day of October, 2018.
>ei/fe,_....-• -1:14 &1-
Lisa Brown, Oakland County