HomeMy WebLinkAboutResolutions - 2020.09.03 - 33635MISCELLANEOUS RESOLUTION #20376
BY: Commissioner Nancy Quarles, District #17
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE
CITY OF LATHRUP VILLAGE 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 Lathrup Village 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 Lathrup Village and recommends the disbursement of
$30,527.84 to the City'of Lathrup Village from the Oakland Together Local Government Partnership Grant
Program from CARES Act — Coronavirus Relief Funds; and
WHEREAS the City of Lathrup Village 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 Lathrup Village and authorizes the
distribution of $30,527.84 from the Oakland Together Local Government Partnership program to the City
of Lathrup Village 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 Lathrup Village.
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
Lathrup Village.
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.
lualtol_ QV w,6CJ
Com issioner Nancy Quarles,
REQUESTING SUSPENSION District#17 U
OF THE BOAR[) RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
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CVT COVID Support Expenditure Review Form Attachment A
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 10678M
Submission Information
Public Body (CVT) Lathrup Village
Name Scott McKee
Title Chief of Police / Emergency
Manager
Email policechief@lathrupvillage_org
Phone 248-663-6032
Public Body (CVT) Authorized Official
Name Sheryl Mitchell
Title City Administrator
Email smitchell@lathrupvillage_org
Phone 248-663-6025
Funding Information
Payment Method
Electronic (ACH) Check Payment
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Remittance Address
Address 27400 Southfield Road
City Lathrup Village
State MI ZIP Code 48076
Expenditures
Expenditure
ID
10678M-1
Date 8/28/2020
Compliance Explanation
Expenditure PPE, Building signage, and
Description Disinfecting supplies
Amount $ 3,793.79
The Person Protection
Equipment (Latex gloves, face
shields, masks, sneeze guards)
were purchased to protect first
responders who continued to
work consistently on a daily basis
through the pandemic. These
supplies were also purchased for
municipal employees who were
critical in having the city function
properly. The protective gear
allowed employees to continue to
work while attempting to stay
safe and stop the spread of the
virus. We purchased disinfecting
supplies to help reduce or limit
the spread of the virus through
common contact points within city
hall as well as our patrol vehicles.
We purchased building signage
to comply with the Governor's
Executive order to shut down the
building from normal daily
functions to limited services. The
signage directed residents to
mask up upon entering the
building and to maintain social
distancing. We would not have
had to purchase any PPE
supplies, building signage or
disinfecting supplies to this extent
if it wasn't for Covid.
Compliance Records Copies of original receipts/
invoices
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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.
PPE Equipment.pcif 784.13KB
Expenditure Approval*
Approved Rejected
Expenditure Expenditure Election supplies/ Additional
ID Description Labor costs
10678M-2
Date 8/28/2020 Amount $ 8,576.05
Compliance Explanation The City incurred additional labor
costs to handle the increase in
absentee ballots being mailed out
and returned due to Covid-19.
The voting precinct purchased
PPE for election personnel and
people coming in to vote. Proper
signage needed to be purchased
and posted to ensure social
distancing while waiting to vote.
Protective plexiglass shields were
purchased for check-in stations to
protect election personnel.
Compliance Records Copies of original receipts and
labor payroll summary
Attachment All expenditures must be supported by records sufficient to
Expenditure Approval*
Expenditure
ID
10678M-3
Date 8/28/2020
demonstrate that the amount of payments from the Fund have been in
accordance with section 601 (d) of the Social Security Act.
Election Supplies.pdf 964.6KB
Approved Rejected
Expenditure Remote City council meetings /
Description Technology upgrades
Amount $ 4,809.86
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Compliance Explanation The Corona virus has directly
impacted all public meetings,
which were cancelled due to the
Governors' Executive Order of
"stay home stay safe." All of our
City Council meetings had to be
held remotely which required the
purchase of software and a
subscription to Zoom. CV studios
was contracted to edit and
publish all of our meetings so the
public could view all ongoing
government operations and stay
informed of public health
concerns during the pandemic.
The expense of two laptop
computers were necessary for
people to work remotely during
the pandemic.
Compliance Records copies of original receipts /
invoices
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.
Expenditure Approval*
Expenditure
ID
10678M-4
Date 8/28/2020
Remote City Council Meetings.... 248.16KB
Approved Rejected
Expenditure Reassigned labor force to deal
Description with Covid-19 / Interlocal
agreement
Amount $ 7,749.14
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Compliance Explanation Our Parks and Recreation
Director job duties drastically
changed since all of his events
had to be cancelled due to the
Governors' Executive Orders. His
job duties substantial changed
when he was directed to create
Covid-related building signage
and infographics for our social
media, e -newsletters and
quarterly magazine. He created
the new and essential public
health programs. The creation of
programs which allowed seniors
and other residents to get out of
the house and enjoy physical
activity in a safe and socially
accepted distance since the
gymnasiums were closed. He
created a building reopening plan
and crafted building policies to
meet the Governors' orders. He
was tasked with the
Compliance Records Substantial change in duties
summary and payroll labor
summary
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.
Expenditure Approval*
Expenditure
ID
10678M-5
Date 8/28/2020
Reassigned Labor Force - Interl... 997.93KB
Approved Rejected
Expenditure Labor costs to clean and santize
Description the municipal facilies
Amount $ 5,599.00
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Compliance Explanation This expense is directly related to
Covid-19 pandemic because it
required our facilities to be
cleaned daily. The custodians
were directed to clean and
sanitize the most common areas
of contact throughout the day at
City Hall. This function became
an extremely important detail
when daily cleanings took place
inside the police department in an
attempt to protect the facilities of
our first responders. The
municipal facilities would not
have required the daily extensive
cleanings If it were not for Covid-
19.
Compliance Records Payroll labor summary
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.
Sanitizing labor suminary.pdf 492.63KB
Expenditure Approval*
Approved Rejected
Total Submitted Amount $ 30,527.84
Total Approved Amount $ 30,527.84
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.
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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 8/28/2020
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Attachment B
AGREEMENT FOR CARES ACT DISTRIBUTION 13ETWEEN
OAKLAND COUNTY AND
City of Lathrop Village
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
Lathrup Village ("Public Body") 27400 Southfield Road, Lathrup Village, MI 48076. County and
Public Body may be referred to individually as a "Party" andjointly as "Parties".
UP RPOSF OF AGRFENIRU, County and Public Body enter into this Agreement pursuant to the
Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 el 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 CV"rs
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. DFFINITIONS, 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,
L2. 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. Public Body means the the City of Lathrup Village 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 Body Employee 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 Scourity Act, as added by
section 5001 of the Coronavirus Aid, Relief, and Economic Security Act.
1.9. CVTs means Cities, Villages, and Townships.
1.10, Oakland Together CVT funds means that portion of the CARES Act funds which the
County has allocated to CVTs within Oakland County.
1.11, Exuenditure Submission Enrm means the form which Public Body must complete and
submit to the Oftloe 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, Qygrsjeht Committee means the committee established by the Oakland County Board
of Commissioners in the resolution allocating the Oakland Together CVT funds.
2. COIINTV RESPONS111HATIM.
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'fribal 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 TOGE'T'HER 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 RESPONSTRILITIU,
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 tire 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 exponding 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.'"
3A. 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 Oakiand 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.
33, 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.
''Phis document is available at hams://home.treasurv.aov/system/files/136/Coronavirus-Relief-Fuud-Cuidan4o-Por-State-
'Ierri tori al-f.o cal -an d-"l7ibal-Governments, ndf
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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 compiled 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. DURATION OF INTFRI.00AL AGRF.EMFNT.
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 find return requirements of
Section 3 after 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. Resoonsibility 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 Riehts. 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 Aereement. 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 AGREF, EN
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 R 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-PARTV RFNRFICIARTF_S, 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. DMIMPLIED 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 he
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.VFRABILITY, If a court of competentjurisdiction 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. PRECFDFNCE OF DOCUMEff.�S, 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 moaning. 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. NOTI , 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
expross 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: the City of Lathrop Village, 27400
Southfield Road, Lathrop Village, MI 48076.
14. 2OVF.RNiNG I,AW/CONSENT TO ,RJRISDIC.TION 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. ENTTRL. 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, Mykale Garrett, Mayor, City of Lathrup Village, hereby acknowledges that
he/she has been authorized by a resolution of the City of Lathrup Village, 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,
EXECUTED: f '1 DATE:
Mykale G rrett, Mayor
City ofLathrup Villa e `
WITNESSED:(�DA'TE:
Yyktte Talley, City Jerk
City of Lathrup Village
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 LATHRUP VILLAGE
OAKLAND COUNTY, MICHIGAN
RESOLUTION NO. -20 - 93
RESOLUTION AUTHORIZING AND DIRECTING MAYOR GARRETT TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH OAKLAND COUNTY FOR THE
DISTRIBUTION OF CARES ACT FUNDS TO ASSIST CERTAIN AREAS OF NEED
CAUSED BY THE COVID-19 PANDEMIC.
At a regular meeting of the City Council of the City of Lathrup Village, Oakland
County, Michigan, (the v
"City"), held on the 16th day of June, 20220//.
PRESENT: Ye"Psm . (it/ram 44- 6 J 4t ,. Src�Ct9�'g r ..J1+9 lw✓
ABSENT:
The following Resolution was offered by iKo7im 4y and seconded
/��a
by l excNC m t n/ .
WHEREAS, Oakland County has made available $30 million of the county's
CARES Act allocation to local cities, villages and.townships to remediate the impact of
the COVID-19 pandemic In the community.
WHEREAS, the City of Lathrup Village intends to complete and submit an
expenditure submission form to receive a distribution.
WHEREAS, Oakland County Oakland County requires an interlocal agreement
prior to disbursement of the funds.
NOW, THEREFORE, BE IT RESOLVED that in accordance with City of Lathrup
Village's desire to take advantage of Oakland County's allocation of CARES Act funds
City Council hereby authorizes the Mayor, Mykale Garrett, to complete and execute the
attached Interlocal Agreement with Oakland County.
YEAS:
NAYS: N)tj e.
ABSENT:���
ABSTAIN: Awe,
STATE OF MICHIGAN)
)as
COUNTY OF OAKLAND
hereby certify that the foregoing is a true and complete copy of a Resolution
adopted by the City Council of the City of Lathrup Village, Oakland County, Michigan at
a special meeting duly called and held on the15th day of June, 2020, the original of
which resolution is on file in my office, and that notice of said meeting was given, the
meeting was held and the minutes filed in accordance with the Open Meetings Act, Act
No. 267, Public Acts of Michigan, 1976, as amended.
etTalley
City Clerk
y"'
2
Resolution #20376 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.
4D,,,,QL
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANTTO 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 3rd day of September, 2020.
Lisa Oakland