HomeMy WebLinkAboutResolutions - 2020.06.25 - 33352MISCELLANEOUS RESOLUTION #20208
BY: Commissioner Gwen Markham, District #9
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE
CITY OF NOVI AND DISTRIBUTION OF CARES ACT FUNDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County's local governments and their front-line essential services employees have
been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19
public health/emergency response and economic recovery; and
WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and
Economic Security Act's (CARES Act) — Coronavirus Relief Fund (CRF) to respond directly to the
emergency as well as expenditures incurred to respond to second -order effects of the emergency; and
WHEREAS guidance provided by the U S Treasury in "Coronavirus Relief Fund, Frequently Asked
Questions" dated May 4, 2020, indicates that a county may but is not required to allocate funds to a local
government within the county, and
WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland
Together Local Government Partnership Grant program with an allocation of $35,000,000 of CARES Act -
Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government
jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health
emergency; and
WHEREAS the City of Novi has demonstrated an eligible plan to utilize CARES Act funding in
accordance with the U.S. Treasury guidelines in their grant application, The detailed eligible plan
submitted in the grant application and recommended for disbursement by the Oversight Committee is
included as "Attachment A"; and
WHEREAS the Oakland Together Local Government Partnership Oversight Committee has reviewed the
eligible plan and grant application from the City of Novi and recommends the disbursement of $73,975.00
to the City of Novi from the Oakland Together Local Government Partnership Grant Program from
CARES Act — Coronavirus Relief Funds; and
WHEREAS the City of Novi has approved and executed an interlocal agreement prepared by Oaldand
County Corporation Counsel. The agreement is included as "Attachment B"
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the eligible reimbursement application from the City of Novi and authorizes the distribution of
$73,975 00 from the Oakland Together Local Government Partnership program to the City of Novi from
Oakland County CARES Act Coronavirus Relief Funds
BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute
the interlocal agreement with the City of Novi.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution and the finalized executed agreement to Oaldand County Fiscal Services and the City of Novi.
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,
e ffj
%YS -
commissioner Gwen Mark iam
District #9
Attachment A
City of Novi
CARES Expenditure Submission
Technology Fees Incurred related to the COVID-19 Public Health Emergency
June 18, 2020
On March 10, 2020 the State of Michigan issued a state of emergency order due to COVID-19 which was
followed up by and additional executive order on March 24, 2020 requiring all non-essential workers to
stay at home. The City of Novi complied with the March 24, 2020 executive order and had more than
100 employees work remotely and did not physically report to work. The majority of the City's
employees are public safety and public works employees who were deemed essential to provide
services to the public during the COVID-19 health emergency (along with several members of the city's
support staff). All employees of the City continued to receive their regular budgeted salary during the
entire duration of the emergency.
The City of Novi prior to the COVID-19 pandemic did allow a limited number of employees to have
remote access to the City's operating systems (approximately 30). The governors stay at home
executive order due to COVID-19 prompted the City to purchase additional technology related
equipment specifically to keep employees working at home per the order. First it was determined that
the virtual desktop server currently In use was not sufficient to handle a significant increase in the
number of remote users and required the City to buy an additional server totaling $22,975 (including
installation and setup). The employees of Novi currently have a mix or laptops, desktop and tablets. In
order to have more employees work remotely approximately 21 additional laptops and docking stations
were purchased and utilized by those employees who had desktop computers in their office. The DPW
staff was also purchased additional tablets and docking stations for those who had desktops and were
now working remotely. Lastly, the City purchased a Zoom video conference license in order to run
council meetings and various other meeting remotely. The overall costs of the additional laptops,
tablets and docking stations totals approximately $51,000. All of the above purchases we unbudgeted
and were purchase specifically due to the COVID-19 public health emergency and assisted the
employees with continuing to providing critical essential services to the public during this event. The
total reimbursement requested is $73,975.00.
City of Novi
Summary of COVID-19 Related Technology Related Costs
"June 18, 2020
101-205.00-986.035
invoice 9 Amount Date Comment
$ 13,900.00 4/24/2020 Virtual Desktop Server
INV000102447 $ 9,075.00 4/24/2020 Vendor Service Hours for additional server
Total $ 22,975.00
229 Internal Technology Accounts
Invoice N
Amount
Date
Comment
P -Card
$
2,542.94
3/19/2020
Zoom Meetings
10370103150
$
1,645.02
1/28/2020
Laptop + Dock
10370173191
$
1,717.02
1/29/2020
Laptop + Dock
10370173204
$
1,662.56
1/29/2020
Laptop
10371815737
$
1,645.02
2/3/2020
Laptop +Dock
10374220696
$
3,757.02
2/13/2020
2Laptop + Dock
10380180524
$
4,450.62
3/16/2020
Dell Tablets+ Docks
10380442576
$
3,837.00
3/16/2020
Dell Tablets
10381953997
$
1,861.15
3/25/2020
Laptop + Dock
10382346316
$
4,210.68
3/31/2020
2 Laptop + Dock
10388894845
$
1,429.19
4/28/2020
Laptop
10388872533
$
1,509.79
4/28/2020
Laptop
10388872541
$
1,509.79
4/28/2020
Laptop
10388872525
$
1,661.25
4/28/2020
Laptop
10388894837
$
1,661.25
4/28/2020
Laptop
10390420980
$
513.54
5/4/2020
Laptop Docks
10390854260
$
249.21
5/4/2020
Laptop Dock
10391238571
$
1,216.48
5/6/2020
Laptop
10391189270
$
513.54
5/6/2020
Laptop Docks
10391189288
$
513.54
5/6/2020
Laptop Docks
10391195979
$
513.54
5/6/2020
Laptop Docks
10391777468
$
256.77
5/11/2020
Laptop Dock
10391777450
$
256.77
5/11/2020
Laptop Dock
10391813026
$
256.77
5/11/2020
Laptop Dock
10391853887
$
3,691.48
5/18/2020
2 Laptops
10391575248
$
3,691.48
5/18/2020
2 Laptops
10391487564
$
3,784.48
5/18/2020
2 Laptops
Total $
50,557.90
Attachment B
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
City of Novi
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the City of Novi
("Public Body") 45175 10 Mile, Novi, MI 48375. County and Public Body may be referred to
individually as a "Party" and jointly as "Parties".
111IRPOS E 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. DEFINITUM. 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. A t e nt 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.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
1.6. 1!1 Body means the City of Novi including, but not limited to, its council, its Board, its
departments, its divisions, elected and appointed officials, directors, board members,
council members, commissioners, authorities, committees, employees, agents,
subcontractors, attorneys, volunteers, and/or any such persons' successors.
1.7. Public Bodv Eniolovice 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 finds
provided under this Agreement. "Public Body Employee" shall also include any person
who was a Public Body Employee at any time during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity. "Public Body
Employee" does not include an individual resident of Public Body who receives an
authorized distribution of Oakland Together CVT funds.
1.8. CARES Act funds means the money distributed to the County by the United States
Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by
section 5001 of the Coronavirus Aid, Relief, and Economic Security Act.
1.9. CVTs means Cities, Villages, and Townships.
1.10. Oakland Together CV'r funds means that portion of the CARES Act funds which the
County has allocated to CVTs within Oakland County.
1.11. Exnenrliture 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.
1.12. OCE means the Office of the Oakland County Executive, which includes the Chief
Deputy and other Deputy County Executives.
1.13. Oye•sight Comtnittee means the committee established by the Oakland County Board
of Commissioners in the resolution allocating the Oakland Together CVT fiords.
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.
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
OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
2.5. If County retains the balance of Oakland Together CVT funds not covered by an approved
Expenditure Submission Form under Section 2.4, County may redistribute any or all of that
amount to other eligible CVTs or as otherwise deemed appropriate by OCE.
2.6. OCE will work in collaboration with the Oversight Committee in determining Public
Body's eligibility for Oakland Together CVT funds, and the amount of said funds to be
distributed to Public Body,
3. PUBLIC AODM RESPONS1111LITIES.
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 funds.
3.2. In its first Expenditure Submission Form, Public Body shall only apply for Oakland
Together CVT funds to pay for expenditures or programs already made by Public Body, or
for funds to pay Public Body's required 25% "cost share" or "local match" required to obtain
a FEMA grant.
3.3. Public Body shall follow all guidance established by the United States Treasury Department,
and the County, when expending Oakland Together CVT funds, including, but not limited to,
Section 601(d) of the Social Security Act and the "Coronavirus Relief Fund Guidance for
State, Territorial, Local and Tribal Governments."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 funds in any manner that Public Body
did not include in a submitted and approved Expenditure Submission Form.
3.10. If Public Body receives an amount of funding from the federal or state government to cover
expenses for which Public Body received Oakland Together CVT funds, Public Body shall
return that amount of Oakland Together CVT funds to County.
3.11, Public Body shall keep records of all expenditures of Oakland Together CVT funds sufficient
to demonstrate that said expenditures were in accordance with the guidance documents
included in Section 3.3 for a period of 10 (ten) years, at a minimum.
3.12. Public Body shall produce said records of expenditures upon request by County or OCE, or
as required by any future audit of the CARES Act program.
This document is available at lit gn ilhouudreasury.gov system/file%/136/Coronavirus-Relief-Fund-Guidance-for-Slate-
Territorial- Local -and-Tribal_-( ovcrnntents_pdr
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
3.13. Public Body shall submit records to OCE within 30 (thirty) days alter expenditure of
Oakland Together CVT funds with a detailed description of how the funds were expended
and how the expenditure of funds complied with the CARES Act guidance unless Public
Body has already submitted said records with its Expenditure Submission Form.
3.14. In the event it is determined by OCE, or any other audit under the CARES Act program, that
Public Body expended an amount of Oakland Together CVT funds in violation of the
CARES Act requirements or this Agreement, Public Body shall be required to return that
amount of money to County.
3.15. In any case where Public Body is required to return an amount of money to County under
this Agreement, Public Body agrees that unless expressly prohibited by law, County or the
Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited
to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff
or retention of funds by County shall be deemed a voluntary assignment of the amount by
Public Body to County. Public Body waives any Claims against County or its Officials for
any acts related specifically to County's offsetting or retaining of such amounts. This
paragraph shall not limit Public Body's legal right to dispute whether the underlying amount
retained by County was actually due and owing under this Agreement.
3.16. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies under this Agreement or at law against Public Body to secure
payment of amounts due to County 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. BuzATION OF IN'1'FRLOCAL 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 alter the termination of this Agreement if necessary.
5. ASSURANCES.
5.1. Resnonsibilitv 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. Resnonsibilitv for Altornev 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 indemnified or
reimbursed by the other Party or any of its agents in connection with any Claim.
5.4. Costs, Eines, and Pees 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 terms 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 under this Agreement.
6. TERMINATION OR CANCEL &f10N OF AGR r +Ni ,N'I'.
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 3.15 — 3.16 to recoup the amount of money owed to County by Public Body.
6.2. Public Body may terminate or cancel this Agreement at any time if it determines that it
does not wish to receive any Oakland Together CVT funds. If Public Body terminates or
cancels this Agreement, it shall immediately return to County any and all Oakland
Together CVT funds it has already received.
6.3. If either Party terminates or cancels this agreement they shall provide written notice to the
other Party in the manner described in Section 13.
7. DELF,GATION 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-PA12TV Bl:NEFICIAIZIES. 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.
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. SFV ERAIII LITV. 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 terns 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: City of Novi, 45175 10 Mile, Novi,
MI 48375.
14. GOVERNING: LAW/CONSENT TO JURISDICTION AND VENAE. 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.
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OAKLAND 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, Robert J. Gatt, Mayor, City of Novi hereby acknowledges that he/she has
been authorized by a resolution of the City of Novi, 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 Aareemcot.
EXECUTED:
WITNESSED: Cmht�)IT�
Cortney Hanson lerk, City of Novi
DATE: b - IS- ZU
DATE: L) 15 — 2 O
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 - INTERLOCAL AGREEMENT
CITY OF NOVI
COUNTY OF OAKLAND, MICHIGAN
RESOLUTION TO APPROVE AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND CITY OF NOVI
Minutes of a Meeting of the City Council of the City of Novi, County of Oakland,
Michigan, held in the City Hall of said City on June 15, 2020, at 7 o'clock P.M. Prevailing
Eastern Time.
PRESENT: Councilmembers Gott, Staudt, Breen, Casey, Crawford, Fischer, Mutch
ABSENT: None
The following preamble and Resolution were offered by Councilmember Casey and
supported by Councilmember Breen:
WHEREAS, the City of Novi has the authority granted to it in accordance with the
Home Rule City Act, MCL 1 17.1, et seq.; and
WHEREAS, the Urban Cooperation Act, 1967 PA 7, Ex. Sess., as amended, MCL
124.501 et seq., authorizes public agencies to enter into intergovernmental agreements
in order to jointly exercise any power, privilege, or authority that the agencies share in
common and that each might exercise separately; and
WHEREAS, the City has considered the Agreement for Cares Act Distribution
Between Oakland County and the City of Novi (the "Agreement"( and has decided
that it is in the best interests of the City to approve the Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:
1. The City Council of the City of Novi hereby approves the Agreement,
attached hereto as Exhibit A.
2. The City Manager is hereby authorized to execute any and all documents
and take any and all other actions as may be necessary or appropriate in order to
effectuate the Agreement.
3. The Finance Director shall be responsible for the record keeping,
reporting, audit response, and fund return requirements of Section 3 of the
Agreement, as necessary.
4. The Agreement shall remain in effect until January 31, 2021, or until
cancelled or terminated by either Party pursuant to the terms of the Agreement.
5. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this Resolution are rescinded.
A vote on the foregoing resolution was taken and was as follows:
AYES: Gaff, Staudt, Breen, Casey, Crawford, Fischer, Mutch (7)
NAYS: None (0)
RESOLUTION DECLARED ADOPTED,
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Cortney Hanson, -pity Clerk
CERTIFICATION
I hereby certify that the foregoing is a true and complete copy of a resolution adopted
by the City Council of the City of Novi, County of Oakland, and State of Michigan, at a
regular meeting held this 15th day of June, 2020, and that public notice of said meeting
was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan,
1976, and that the minutes of said meeting have been kept and made available to the
public as required by said Act.
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Cortney Hansoh-,-tity Clerk
City of Novi
Resolution #20208
June 25, 2020
Moved by Markham seconded by Gershenson to suspend the rules and vote on MR #20208 — Board of
Commissioners — Approval of Interlocal Agreement with the City of Novi for Distribution of CARES Act
Funding.
A sufficient majority having voted in favor, the motion to suspend the rules and vote on MR #20208 —
Board of Commissioners — Approval of Interlocal Agreement with the City of Novi for Distribution of
CARES Act Funding carried.
Moved by Markham seconded by Gershenson the resolution be adopted
Discussion followed.
Vote on resolution:
AYES: Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward,
Zack. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
I HEREBYAPPROVE 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 June 25, 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 25th day of June, 2020.
Lisa Brown, Oakland County