HomeMy WebLinkAboutResolutions - 2020.08.06 - 33491REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
MISCELLANEOUS RESOLUTION #20318
BY: Commissioners Adam Kochenderfer, District 915; Tom Kuhn, District #11
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE
CITY OF ROCHESTER HILLS FOR DISTRIBUTION OF CARES ACT FUNDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County's local governments and their front-line essential services employees have
been an integral partner in the implementation of Oakland County's coordinated strategies for COVID-19
public health/emergency response and economic recovery; and
WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and
Economic Security Act's (CARES Act) — Coronavirus Relief Fund (CRF) to respond directly to the
emergency as well as expenditures incurred to respond to second -order effects of the emergency; and
WHEREAS guidance provided by the U.S. Treasury in "Coronavirus Relief Fund, Frequently Asked
Questions' dated May 4, 2020, indicates that a county may but is not required to allocate funds to a local
government within the county; and
WHEREAS pursuant to Miscellaneous Resolution #20187, Oakland County established an Oakland
Together Local Government Partnership Grant program with an allocation of $35,000,000 of CARES Act -
Coronavirus Relief Funds to provide an opportunity for Oakland County to aid local government
jurisdictions experiencing a significant financial burden related directly to the COVID-19 public health
emergency; and
WHEREAS the City of Rochester Hills 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 Govemment Partnership Oversight Committee has reviewed the
eligible plan and grant application from the City of Rochester Hills and recommends the disbursement of
$46,999.92 to the City of Rochester Hills from the Oakland Together Local Government Partnership Grant
Program from CARES Act — Coronavirus Relief Funds; and
WHEREAS the City of Rochester Hills has approved and executed an interlocal agreement prepared by
Oakland County Corporation Counsel. The agreement is included as "Attachment B".
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the eligible reimbursement application from the City of Rochester Hills to and authorizes the
distribution of $46,999.92 from the Oakland Together Local Government Partnership program to the City
of Rochester Hills 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 Rochester Hills.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution and the finalized executed agreement to Oakland County Fiscal Services and the City of
Rochester Hills.
BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland
Together Local Government Partnership Grant Program was authorized with Miscellaneous Resolution
#20187 adopted on June 4, 2020.
Chairperson, we move for the adoption of the foregoing resolution.
Commissioner Adam Kochendjmfer Commissioner Tom Kuhn
District #15 District #11
7/29/2020 Expenditure Review I Laserfiche Forms
Attachment A
CVT COVID Support Expenditure Review Form
Oakland Together CVT COVID Support Fund
Expenditure Submission Form
Fund Guidelines
• Funds are only made available if the CVT has expenses that meet the requirements of the CVT COVID
Fund.
• All expenditures must meet the guidance established by the U.S. Treasury Department, and Oakland
County.
• The CVT shall not submit an Expenditure Submission Form for any expense which is eligible to be covered
by FEMA (Federal Emergency Management Agency) Public Assistance reimbursement grant. Public body
may use funds to pay the 25% "cost share" or "local match" required with FEMA reimbursement.
• These funds may not be re -distributed by the CVT unless to assist individual residents as permitted by the
CARES Act or to pay vendors or service providers as permitted by the CARES Act.
Application ID 10254M
Submission Information
Public Body (CVT) Rochester Hills
Name Joe Snyder
Title Chief Financial Officer
Email snyd_erj@rochesterhills.org
Phone 248-841-2534
Public Body (CVT) Authorized Official
Name Bryan K. Barnett
Title Mayor
Email barnettb@roc_hesterhlls.org
Phone 248-841-2530
Funding Information
Payment Method
Electronic (ACH) Check Payment
Financial Institution Information
https:llpublicdocs.oakgov.com/Forms/form/submission/history/21201/24477?hideHeader=true 1/3
7/29/2020
Name of Financial Institution
Nine -Digit Routing Transit Number
Account Number
Account Type
Expenditure Review I Laserfiche Forms
Checking , Savings
I authorize Oakland County to deposit funds owed to the above payee/vendor by the County, by direct deposit
(electronic funds transfer). Information provided must be for U.S. Financial Institutions only.
consent to and agree to comply with the National Automated Clearing House Association Rules and
Regulations and Oakland County's policy regarding electronic funds transfers as they exist on this date or as
subsequently adopted, amended, or repealed. Michigan law governs electronic funds transactions authorized
by this agreement in all respects except as otherwise superseded by federal law.
Expenditures
Expenditure
ID
10254M-1
Date 7/16/2020
Compliance Explanation
Expenditure Rochester Hills - COVID
Description Purchases
Amount $ 46,999.92
Public Health expenses for
acquisition of medical &
protective supplies, sanitizing
products, PPE, disinfection of
public areas, and public safety
measures.
Compliance Records Material Summary Sheet
detailing all purchases as well as
a .zip folder containing all invoice
backup for the respective
purchases through June 30,
2020.
Attachment All expenditures must be supported by records sufficient to
demonstrate that the amount of payments from the Fund have been in
accordance with section 601 (d) of the Social Security Act.
City of Rochester Hills - OC CA... 87.36KB
Expenditure Approval
Approved Rejected
Total Submitted Amount $ 46,999.92
Total Approved Amount $ 46,999.92
https://publicdocs.oakgov.comIFormslformisubmission/historyl2l2Ol l24477?hideHeader=true 213
7/29/2020 Expenditure Review I Laserfiche Forms
Compliance Requirements
By submitting this Form the Public Body (CVT) affirms that it will abide by each of the following requirements when
using Oakland Together CVT funds. Please check the box next to each requirement to confirm your intent to abide by
these requirements:
The expenditure of the funds is necessary due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19).
The expenditures were not accounted for in the budget most recently approved as of
March 27, 2020.
The expenditures were or will be incurred during the period that begins on March 1, 2020
and ends on December 30, 2020.
The expenditures are not being used as revenue replacement for the Public Body (CVT)
to fill shortfalls in government revenue to cover expenditures that would not otherwise
qualify under the CARES Act Coronavirus Relief Fund.
Upon approval of this Form, the Public Body (CVT) will be provided with an Interlocal Agreement, which must
be executed prior to the release of any funds, and which lists further requirements including but not limited to:
• The CVT must agree to participate in the production of documents required by any future audit of the
CARES Act program, and funds not spend in accordance with the Act must be returned to the County.
• The CVT must agree that in the event they receive direct funding from the federal or state government to
cover these expenses, the county money will be returned.
Date Submitted 7/16/2020
All Rejected False
https.//publiedocs,oakgov.com/Forms/form/submission/history/21201/24477?hideHeader=true 313
Attachment B
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
THE CITY OF ROCHESTER HILLS
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
Rochester Hills ("Public Body") 1000 Rochester Hills Drive, Rochester Hills MI 48309. 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. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits,
causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs,
and expenses, including, but not limited to, reimbursement for reasonable attorney fees,
witness fees, court costs, investigation expenses, litigation expenses, amounts paid in
settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted
against County or Public Body, or for which County or Public Body may become legally and/or
contractually obligated to pay or defend against, whether direct, indirect or consequential,
whether based upon any alleged violation of the federal or the state constitution, any federal
or state statute, rule, regulation, or any alleged violation of federal or state common law,
whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened.
1.3. Confidential Information means all information and data that County is required or permitted
by law to ]seep 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. CounIX 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. Public Bodv means the City of Rochester Hills including, but not limited to, its council, its
Board, its departments, its divisions, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees, employees, agents,
subcontractors, attorneys, volunteers, and/or any such persons' successors.
1.7. Public Bodv Emnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires,
contractors, subcontractors, independent contractors, agents, and/or any such persons'
successors or predecessors (whether such persons act or acted in their personal,
representative or official capacities), and/or any persons acting by, through, under, or in
concert with any of the above who rise or have access to the Oakland Together CVT funds
provided under this Agreement. "Public Body Employee" shall also include any person who
was a Public Body Employee at any time during the term of this Agreement but, for any
reason, is no longer employed, appointed, or elected in that capacity. "Public Body
Employee" does not include an individual resident of Public Body who receives an
authorized distribution of Oakland Together CVT finds.
1.5. 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. Oaldand Together CVT funds means that portion of the CARES Act funds which the County
has allocated to CVTs within Oakland County.
1.11. Exnenditure Submission Form means the form which Public Body 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 or 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 funds.
2. COUNTY RESPONSIBILITIES.
2.1. OCE will review Public Body's Expenditure Submission Form(s) to determine whether
Public Body is eligible to receive a distribution of Oakland Together CVT funds. This
determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund
Guidance for State, Territorial, Local and Tribal Government" or other guidenace issued by
the Federal Government. OCE may request any supporting documentation it deems necessary
to fully evaluate Public Body's eligibility.
2.2. If OCE determines that Public Body is eligible to receive a distribution, County will distribute
the eligible amount to Public Body.
2.3. County is not obligated or required to distribute any Oakland Together CVT funds to Public Body
if OCE determines that Public Body is not eligible to receive the funds, or if the amount of Oakland
Together CVT funds available are not sufficient to fulfill Public Body's Expenditure Submission
Form.
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 fiords
for which Public Body was originally eligible, but which are not covered by an approved
Expenditure Submission Form.
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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 BODY RESPONSIBILITIES.
3.1. Public Body may be eligible to receive a portion of Oakland Together CVT funds. Public
Body shall complete and submit an Expenditure Submission Form to OCE and receive OCE
approval prior to the receipt of any Oakland Together CVT 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." i
3.4. Public Body shall not submit an Expenditure Submission Form for any expense which is
eligible to be covered by a FEMA (Federal Emergency Management Agency) Public
Assistance Reimbursement. Public Body may use Oakland Together CVT funds to pay the
required 25% "cost share" or "local match" required to obtain a FEMA grant.
3.5. Public Body shall only expend Oakland Together CVT funds to pay for expenses incurred due
to the COVID-19 public health emergency, and which expenses were not accounted for in
Public Body's most recently approved budget as of March 27, 2020.
3.6. Public Body shall only expend Oakland Together CVT funds for expenses incurred during the
period that begins on March 1, 2020 and ends on December 30, 2020.
3.7. Public Body shall not use Oakland Together CVT funds as revenue replacement.
3.8. Public body shall not redistribute Oakland Together CVT funds, except Public Body shall be
allowed to provide direct assistance to individual residents of Public Body, and pay vendors
and service providers, as permitted by the CARES Act.
3.9. Public Body shall not expend Oakland Together CVT 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 fixture audit of the CARES Act program.
This document is available at httus://home.treasurv.eov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-
Territorial-Lo ca I -and -'f ribal-Governments. odf
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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 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 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 ally 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 Patty. 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 Patties pursuant to the terns of the Agreement. Public Body shall comply with
the record keeping, repotting, audit response, and fund return requirements of Section 3 after
the termination of this Agreement if necessary.
5. ASSURANCES.
5.1. Responsibility for Claims. Each Patty shall be responsible for any Claims made against that
Panty by a third patty, and for the acts of its employees arising under or related to this
Agreement.
5.2. Responsibility for Attorney 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
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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, 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 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 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 fiords 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 CV'f
funds it has already received.
6.3. If either Party terminates or cancels this agreement they shall provide written notice to the
other Party in the manner described in Section 13.
7. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
8. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other
person or entity.
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.
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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. SEVF,RABILITY. If a court of competent jurisdiction finds a tern 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.
1 1 . PRECEDENCE OF DOCUMENTS. In the event of a conflict betweenthe 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 personal] y deli vexed,
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) tIrree 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: 1000 Rochester Hills Drive, Rochester
Hills MI 48309.
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 AGPF.EMENT.
16.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the Oakland Together CVT funds With regard to the Oakland Together CVT
funds, this Agreement supersedes all other oral or written agreements between the Parties.
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 Patty.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
IN WITNESS WHEREOF, Mayor Bryan K. Barnett / Mayor of the City of Rochester hereby
acknowledges that he/she has been authorized by a resolution of the City of Rochester IIills City Council,
a certified copy of which i tlacl execute this Agreement on behalf of Public Body and hereby
accepts and binds Public B dy to t e ter s and conditions of this Agreement.
EXECUTED:
Bryan K.
WITNESSED: U
Tina 4)n' City
City o'y Rochester Hills
City of Rochester Hills
DATE: (k Z*
IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Conunissioners,
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 teiras and conditions of this Agreement.
EXECUTED:
WITNESSED:
David Woodward, Chairperson
Oakland County Boatel of Commissioners
Oakland County Board of Corrunissioner:s
County of Oakland
Page 7 of 7
DATE:
DATE:
OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
File Number: 2020-0234
Rochester Hills
Certified Copy
Agreement: RES0155-2020
1000 Rochester Hills Dr
Rochester Hills, MI 48309
(248)656-4600
Home Page:
www. rachesterh i lis. org
Enactment Number: RES0155-2020
Request for Approval of the Interlocal Agreement between the City of Rochester Hills and Oakland
County for CARES Act funding distribution
Resolved, that the Rochester Hills City Council hereby approves the Interlocal Agreement between the City of
Rochester Hills and Oakland County for the distribution of CARES Act funding to the City and authorizes the Mayor
to execute the Agreement on behalf of the City.
I, Tina Barton, City Clerk, certify that this is a true copy of RES0155-2020 passed at the
Rochester Hills City Council Regular Meeting held on 6/22/2020 by the following vote:
Moved by Susan M. Bowyer, Seconded by David Walker
Aye: Blair, Bowyer, Deel, Morita, Mungioli and Walker
Absent: Hetrick
l
na Ba2, MMC, City Clerk
June 25, 2020
Date Certified
Rochester Hifis Page 1 Printed on 0/20/2020
Resolution #20318 August 6, 2020
Moved by Long seconded by Spisz to suspend the rules and vote on Miscellaneous Resolutions #20310
through #20320 — Board of Commissioners — Approval of Interlocal Agreement 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 #20310 through #20320 — Board of Commissioners — Approval of Interlocal Agreement with
(Jurisdiction) for Distribution of CARES Act Funding carried.
Moved by Long seconded by Spisz resolutions #20310 - #20320 be adopted
Vote on resolutions:
AYES: Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub,
Weipert, Woodward, Zack, Gershenson, Hoffman, Jackson, Kochenderfer, Kuhn, Long. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions were adopted.
C L
�J��ETH,Sp.ESOLUTION
I 8EPIE6 EXECUTIVE
CHIEF DEPUTY CO To M
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 August 6,
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 61h day of August, 2020.
/7?� 41 �
Lisa Brown, Oakland County