HomeMy WebLinkAboutResolutions - 2020.09.03 - 33632MISCELLANEOUS RESOLUTION #20373
BY: Commissioner William Miller, District #14
IN RE. BOARD OF COMMISSIONERS — APPROVAL OF REIMBURSEMENT APPLICATION FOR
DISBURSEMENT OF FUNDS FROM THE OAKLAND TOGETHER LOCAL GOVERNMENT
PARTNERSHIP GRANT PROGRAM — CITY OF FARMINGTON
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 Farmington has demonstrated an eligible plan to utilize CARES Act funding in
accordance with the U.S. Treasury guidelines in their reimbursement application. The eligible
reimbursement application is included as "Attachment A" and
WHEREAS the Oakland Together Local Government Partnership Oversight Committee has reviewed the
eligible plan and grant application from the City of Farmington and recommends the disbursement of
$39,675.47 from the Oakland Together Local Government Partnership Grant Program from CARES Act —
Coronavirus Relief Funds; and
WHEREAS the Board of Commissioners has previously approved an interlocal agreement with the City of
Farmington to participate in the Grant Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the eligible reimbursement application from the City of Farmington and authorizes the
disbursement of $39,675.47 from the Oakland Together Local Government Partnership Grant Program
from CARES Act — Coronavirus Relief Funds.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution to Oakland County Fiscal Services and the City of Farmington.
BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland
Together Local Government Partnership Grant Program was authorized with Miscellaneous Resolution
#20187 adopted on June 4, 2020.
Chairperson, I move for the adoption of the foregoing resolution.
Commissioner William Miller
District #14
REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE UNDER NEW BUSINESS TION
Oakland Together Local Government COVID Support Fund Expenditure Submission Form
Fund Guidelines
• Funds are only made available if the CVT, Community / Recreation Center, or public library has expenses that meet the requirements
of the Fund.
• All expenditures must meet the guidance established by the U.S. Treasury Department, and Oakland County.
• The Public Body 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. These funds may not be re -distributed by the Community / Recreation
Center, or public library.
Application ID 10478M
Submission Contact Information
Public Body* Farmington
Name* Katie Ridderbos
Title * (?) Administrative Specialist
Email* kridderbos@farmgov.com
Verify Email* kridderbos@farmgov.com
Re-enter email address
Phone* 248-474-5500
Public Body Authorized Official
Inditidual authorized to sign Inteilocal Agreement
Name* David Murphy
Title * (?) City Manager
Email* dmurphy@farmgov.com
Verify Email* dmurphy@farmgov.com
Re-enter email address
Phone* 248-474-5500
Funding Information
Payment Method* r Electronic (ACH) r" Check Payment
Financial Institution Information
Name of Financial Institution *
Nine -Digit Routing Transit Number* -
You must obtain a correct Routing number from yorn' bank for ACH transactions. "1111;
may not be the same as the roofing number on your checks.
Verify Routing Transit Number* -
Re-enter routing fiansil number
Account Number* _
Verify Account Number* _
Re-enter amount number
Account Type* r Checking f 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.
I consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and Cal land County's
policy regarding electronic funds transfers as they exist on this dale or as subsequently adopted, amended, or repealed. Michigan law
governs electronic funds transactions authored by this agreement in all respects except as otherwise superseded by federal law.
Expenditures
Enter expenditure information in the fields below. Click "Add' for an additional set of fields to submit up to 5 separate expenditures. (Comnamms
Relief Fund Frequently Asked Questions on qualdying expenses)
Expenditure Description * Supplies to temporarily expand patios
Expenditure ID 10478M-1 for safe outdoor gatherings
Date* 8/12/2020 Amount* $22,629.73
Compliance Explanation Supplies purchased to temporarily expand patios at
Now is the expenditure/program connectedto the Downtown Farmington Businesses to promote social
F..OMI-19 pandemic andtor state or county health gatherings safely
orders?
Compliance Records Copies of Invoices and receipts
Financial records that demonstrate compliance
(Existing Documents may be uploaded with
Submission Form)
Attachment * All expenditures n lust 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.
$22,629.pdf
536KB
(Uploaded documentation must be a single file of size 1 MB or less Sating or
scanning wth a lower resolution (dpi) and monochrome can reduce file size.)
Expenditure Description* Flyers, Signage and Video Regarding
Expenditure ID 10478M-2 Safety
Date* 8/12/2020 Amount* $ 1,316.25
Compliance Explanation Flyers, signage and video for Downtown Farmington to
Flow is the expenditure/program connectedtothe support local safety/ PPE crowdfunding messaging
COVIDA 9 pandemic andror state or county health
orders?
Compliance Records Invoices and Receipts
Financial records that demonstrate compliance
(Existing Documents may be uploaded with
Submission Form)
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.
$1,316 DDA.pdf 518.58KB
(Uploaded documentation must be a single file of size 1 MB or less. Saving or
scanning with a lower resolution (dpi) and monochrome can reduce file size.)
Expenditure ID 1047SM-3 Expenditure Description* Legal counseling for businesses
Date* 8/12/2020 Amount* $ 5,966.00
Compliance Explanation Legal counseling for businesses, liquor licensing attorney
Flow is the expenditure/program connectedto the and webinar on howto create socially safe downtown
COVID-19 pandemic anclor state or county health
orders?
*
Compliance Records Invoices and receipts
Financial records that demonstrate compliance
(Existing Documents may be uploaded with
Submission Form)
;t
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.
$5966.pdf
269.66KB
(Uploaded documentation must be a single file of size 1 MB or less. Saving or
scanning with a lower resolution (dpi) and monochome can reduce Ole size.)
Expenditure Description* Election Precinct setup for Covid
Expenditure ID 10478M-4 Safety
Date* 8/12/2020 Amount* $210.00
Compliance Explanation Time spent preparing and setting up each precinct vnth
Flow is the expenditure/program connected tothe COVID Safety measures according to CDC Guidelines. Floor
COAD -19 pandemic and/or state or county health markings, signs, plexiglass booths, etc.
orders?
:t
Compliance Records Invoices and receipts
Financial records that demonstrate compliance
(Existing Documents may be uploaded with
Submission Form)
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.
$210. not
300.89KB
(Uploaded documentation must be a single file of size 1 MB or less. Sating or
scanning with a lower resolution (dpi) and monochrome can reduce file size.)
Expenditure ID 10478M-5 Expenditure Description* Virtual desktop licences and webcarn
Date* 8/12/2020 Amount* $ 9,553.49
Compliance Explanation Licences and webcams were necessary for staff to work from
How is the expenditure/program connectedtothe home in order for the City to continue functioning
COVID-19 pandemic and/or state or county health
orders?
*
Compliance Records Invoices and receipts
Financial records that demonstrate compliance
(Existing Documents maybe uploaded with
Submission Form)
*
Attachment * All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance moth section 601 (d) of the
Social Security Act.
$9,553.pdf 857.06KB
(Uploaded documentation must be a single file of size 1 MB or less. Saving or
scanning win a lower resolution (dpi) and monochrome can reduce file size.)
Total Expenditure Amount $ 39,675.47
Compliance Requirements
By submitting this Form the Public Body affirms that it will abide by each of the following requirements Wien using Oakland Together Local
Government COVID Support funds. Please check the box next to each requirement to confirm your intent to abide by these requirements:
* W The expenditure of the funds is necessary due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19).
* W The expenditures were not accounted for in the budget most recently approved as of March 27, 2020
CJ The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020.
P The expenditures are not being used as revenue replacement for the Public Body to fill shortfalls in
government revenue to cover expenditures that would not otherwnse qualify under the CARES Act
Coronavirus Relief Fund.
Upon approval of this Form, the Public Body 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 Public Body 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 Public Body 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.
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
CITY OF FARMINGTON
. .
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
Farmington("Public Body") 23600 Liberty Street, Farmington Michigan 48335. 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. Aereement 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. Coon 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 Farmington 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 use or have access to the Oakland Together CVT funds
provided under this Agreement. "Public Body Employee" shall also include any person
who was a Public Body Employee at any time during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity. "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 Tonether CVT funds means that portion of the CARES Act funds which the
County has allocated to CVTs within Oakland County.
1.11. Fxnenditure 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. Oversight Committee means the committee established by the Oakland County Board
of Commissioners in the resolution allocating the Oakland Together CVT funds.
2. COIINTV 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 fiords. This
determination will be in the OCE's discretion pursuant to the "Coronavirus Relif Fund
Guidance for State, Territorial, Local and Tribal Government" or other guidenace issued by
the Federal Government. OCE may request any supporting documentation it deems
necessary to fully evaluate Public Body's eligibility.
2.2. If OCE determines that Public Body is eligible to receive a distribution, County will
distribute the eligible amount to Public Body.
23. County is not obligated or required to distribute any Oakland Together CVT 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 September 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.
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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, PIIBLIC BODV 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."r
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 httns://home,treasurv.eov/system/files/136/Coronavirus-Relief-Favid-Guidance-frn•Stat_e_-
Territoria I-Local-aud-Tri ba I -Governments. of f
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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 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 tinder this Agreement or at law against Public Body to secure
payment of amounts due to County under this Agreement. The remedies in this Section shall
be available to County on an ongoing and successive basis if Public Body becomes delinquent
in its payment. Notwithstanding any other term and condition in this Agreement, if County
pursues any legal action in any court to secure its payment under this Agreement, Public Body
agrees to pay all costs and expenses, including attorney fees and court costs, incurred by
County in the collection of any amount owed by Public Body.
3.17. Public Body shall respond to and be responsible for Freedom of Information Act requests
relating to Public Body's records, data, or other information.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. This Agreement shall be effective when executed by both Parties with resolutions passed by
the governing bodies of each Party. The approval and terms of this Agreement shall be
entered in the official minutes of the governing bodies of each Party. An executed copy of
this Agreement and any amendments shall be filed by the County Clerk with the Secretary
of State.
4.2. This Agreement shall remain in effect until January 31, 2021, or until cancelled or
terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall
comply with the record keeping, reporting, audit response, and fund return requirements of
Section 3 after the termination of this Agreement if necessary.
5. ASSURANCES.
5.1. Resoonsibilitv 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 Attornev Fees and Costs. Except as provided for in Section 3.16, in any
Claim that may arise from the performance of this Agreement, each Party shall seek its own
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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 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. DELEGATION OR A'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 -P ARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other
person or entity.
9. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
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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. SF,VERABILITV. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
11. PRECEDENCE OF DOCUMENTS, In the event of a conflict between the terms and
conditions of any of the documents that comprise this Agreement, the terms in the Agreement
shall prevail and take precedence over any allegedly conflicting terms and conditions.
12. 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: 23600 Liberty Street, Farmington,
Michigan 48335.
14. GOVERNING LAW/CONSENT TO SURISDICTION AND VENUE,, This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the
court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
15. SURVIVAL. OF TERMS. The following terms and conditions shall survive and continue in full
force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and
conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section
5); No Third -Party Beneficiaries (Section 8); No Implied Waiver (Section 9); Severability (Section
10); Precedence of Documents (Section 11); Governing Law/Consent to Jurisidiction and Venue
(Section 14); Survival of Terms (Section 15); Entire Agreement (Section 16), and the record
keeping, reporting, audit compliance, and fund return provisions of Section 3.
16, ENTIRE AGREEMENT,
16.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the Oakland Together CVT funds With regard to the Oakland Together CVT
funds, this Agreement supersedes all other oral or written agreements between the Parties,
Page 6 of 7
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, David M. Murphy, City Manager hereby acknowledges that he/she has been
authorized by a resolution of the City of Farmington, a certified copy of which is attached, to execute
this Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms and
conditions of this Agreement.
EXECUTEDATE: a �D
vld M . �Murphy , Farmin n Manager
WITNESSED: A 1 DATE: %/�/�02D
Mary I�%Iu�fnl / �< tarmington City Clerk
IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners,
hereby aclarowledges 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
Resolution #20373 September 3, 2020
Moved by Luebs seconded by Hoffman to suspend the rules and vote on Miscellaneous Resolutions
#20370 through #20376 - Board of Commissioners — Approval of Reimbursement Application for
Disbursement of Funds from the Oakland Together Local Partnership Grant Program and #20378 through
#20381 — 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 #20370 through #20376 — Board of Commissioners — Approval of Reimbursement
Application for Disbursement of Funds from the Oakland Together Local Partnership Grant Program and
#20378 through #20381 - Board of Commissioners — Approval of Interlocal Agreement with (Jurisdiction)
for Distribution of CARES Act Funding carried.
Moved by Luebs seconded by Hoffman resolutions #20370 - #20376 and #20378 - #20381 be adopted
Vote on resolutions:
AYES: Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles,
Spisz, Taub. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions were adopted.
I HEREBY APPROVE THIS ArSOLUTION
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 September 3,
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 3m day of September, 2020.
Lisa Brown, Oakland County