HomeMy WebLinkAboutResolutions - 2020.10.21 - 33820MISCELLANEOUS RESOLUTION #20508
BY: Commissioners Kristen Nelson, District #5; Eileen Kowall, District #6; Tom Middleton, District #4
IN RE: BOARD OF COMMISSIONERS — APPROVAL OF INTERLOCAL AGREEMENT WITH THE
CHARTER TOWNSHIP OF WATERFORD 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 Charter Township of Waterford 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 Charter Township of Waterford and recommends the
disbursement of $34,559.51 to the Charter Township of Waterford from the Oakland Together Local
Government Partnership Grant Program from CARES Act — Coronavirus Relief Funds; and
WHEREAS the Charter Township of Waterford 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 Charter Township of Waterford and authorizes
the distribution of $34,559.51 from the Oakland Together Local Government Partnership program to the
Charter Township of Waterford 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 Charter Township of Waterford.
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 Charter
Township of Waterford.
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 for th�1�n of the foregoing resolution.
Y,A;XA
Commissioner Kristen Nelson n Koo all
Distri #5 District #6
I jt,� �
Commissioner Tom Middleton
District #4
REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
�r_�a:r�►ri�r�a
Oakland Together GOVID Support Fund Expenditure Submission Form
This online submission form is used by the following separate grant programs:
• Local Government (cities, villages and townships)
• Libraries, Senior Centers and Community Centers
• School Districts
Basic Guidelines
• Funds are made on a reimbursement basis and may only be made available if the above entitles have expenses that meet the
requirements of the federal CARES Act. Information and FAQs are available here.
® CVTs 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. CVT may use funds to pay the 25%"cost share' or "local match"
required with FEMA reimbursement once that amount is approved by FEMA.
- Review Best Practices for submissions here.
Application ID 11028M
Submission Information
Local Government Facility r Municipality (CVT) r' School r Library/Community Center/Senior Center
What CVT are you located within? Waterford Twp
Name Barbara Miller
Title Account/Budget
Email bmiller@waterfordmi.gov
Phone 248-674-6209
Authorized Official
Individual authorized to sign Interlocal Agreement
Funding Information
Name GaryWall
Title Township Supervisor
Email gwalt@waterfordrri.gov
Phone 248-674-6201
Payment Method r Electronic (ACH) r Check Payment
Remittance Address
Address 5200 Civic Center Drive
City Waterford
State MI 21P Code 48329
Expenditures
Expenditure ID 1102814-1 Expenditure Description Telework equipment, supplies and
technology
Expenditure Category* Improve Telework Capabilities of Public Employees
Date 9/30/2020
Amount $ 13,251.69
Compliance Explanation The expenditures in this category relate
to the equipment. supplies and
technology for Public Safety to work in a
safe environment and so Township
employees could work remotely or to
telework on projects.
Compliance Records The records include a submission
master spreadsheet that provides
detailed information and the related
invoices that support it. (March to
August)
Attachment All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance voth section 601 (d) of the
Social Security Act.
CTY CARES COVID19 REIMBURSE.pdf 264.35KB
Expenditure Approval 6- Approved f Rejected
Expenditure ID 11028M-2 Expenditure Description COVID-19 Response
Expenditure Category* Items Not Listed Above
Date 9/30/2020
Amount $ 9,792.52
Compliance Explanation The expenditures in this category relate
to supplies and equipment for ECO
meetings, Covid-19 communication,
signage, social distancing, extra
cleaning and disinfecting measures for
Public Safety, Township employees and
the public.
Compliance Records The records include a submission
master spreadsheet that provides
detailed information and the related
invoices that support it. (March to
August)
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.
Cty Cares Invoices 1 of 2.pdf 978.11 KB
Expenditure Approval r Approved r Rejected
Expenditure ID 11028M-3 Expenditure Description Election Related Expenses
Expenditure Category* Items Not Listed Above
Date 9/30/2020
Amount $ 11,515.30
Compliance Explanation The expenditures in this category are for
Election related supplies and equipment
and a hazard payment of $50 per
person for Election workers.
Compliance Records The records include a submission
master spreadsheet that provides
detailed information and the related
invoices that support it. (March to
August)
Attachment All expenditures must be supported by records sufficient to demonstrate that the
amount of payments from the Fund have been in accordance wrath section 601 (d) of the
Social Security Act.
Cty Cares Invoices 2 of 2.pdf 822.48KB
Expenditure Approval r Approved r Rejected
Total Submitted Amount $ 34,559.51
Total Approved Amount $ 34,559.51
Compliance Requirements
By submitting this Form the applicant affirms that it will abide by each of the following requirements when using Oakland Together COVID Support
funds. Please check the box next to each requirement to confirm your intent to abide by these
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.
W The expenditures vere 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 (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 applicant will be provided wrath an Interlocal Agreement or Contract, which must be executed prior to the
release of any funds, and Which lists further requirements including but not limited to
The applicant 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 wth the Act must be returned to the County.
The applicant must agree that they have not received federal or state funds to cover these expenditures and 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 9/30/2020
ATTACHMENT B
AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
THE CHARTER TOWNSHIP OF WATERFORD
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Charter
Township of Waterford ("Township"), 5200 Civic Center Drive, Waterford, MI 48329. The County
and the Township may be referred to individually as a "Party" and jointly as "Parties".
PURPOSE OF AGREEMENT. The County and the Township 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 the
County distributing a portion of its CARES Act funds to the Township. The 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:
I.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 the County or the Township, or for which the County or the Township 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 the County is required or
permitted by law to keep confidential, including records of the County's 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 the 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. Vy means any calendar day beginning at 12:00 a.m. and ending at 1 1:59 p.m.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
1.6. n i' means the Township 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. Townshin Emnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, representatives of the Township, 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 pet -sons 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. "Township Employee" shall also include any person who
was a Township Employee at any time during the term of this Agreement but, for any
reason, is no longer employed, appointed, or elected in that capacity. "Township
Employee" does not include an individual resident of the Township who receives an
authorized distribution of Oakland Together CVT finds.
1.8. CARES Act farads means the money distributed to the County by the United States
Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by
section 5001 of the Coronavirus Aid, Relief, and Economic Security Act.
1.9. CVTs means Cities, Villages, and Townships.
1.10. Oakland Together CVT funds means that portion of the CARES Act fiords which the
County has allocated to CVTs within Oakland County.
1.11, Ex endifure Submission Form means the form which the Township must complete
and submit to the Office of the County Executive (OCE) prior to any disbursement of
Oakland Together CVT funds to the Township.
1.12. OCE means the Office of the Oakland County Executive, which includes the Chief
Deputy and other Deputy County Executives.
1.13. Oversight Commit u 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 the Township's Expenditure Submission Form(s) to determine whether the
Township is eligible to receive a distribution of Oakland Together CVT funds. This
determination will be in the OCE's discretion pursuant to the "Coronavirus Relief Fund
Guidance for State, Territorial, Local and Tribal Government" or other guidance issued by
the Federal Government. OCE may request any supporting documentation it deems
necessary to fully evaluate the Township's eligibility.
2.2. If OCE determines that the Township is eligible to receive a distribution, the County will
distribute the eligible amount to the Township.
2.3. The County is not obligated or required to distribute any Oakland Together CVT funds to the
Township if OCE determines that the Township is not eligible to receive the funds, or if the
amount of Oakland Together CVT funds available are not sufficient to fulfill the Township's
Expenditure Submission Form.
2.4. After November 30, 2021, the County will not accept any further Expenditure Submission
Forms from the Township, and the County will retain the balance of any Oakland Together
CVT funds for which the Township 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 the County retains the balance of Oakland Together CVT funds not covered by an
approved Expenditure Submission Form under Section 2.4, the 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 the
Township's eligibility for Oakland Together CVT finds, and the amount of said fiords to be
distributed to the Township.
3. TOWNSHIP RESPONSIBILITIES.
3.1. The Township may be eligible to receive a portion of Oakland Together CVT finds. The
Township 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, the Township shall only apply for Oakland
Together CVT funds to pay for expenditures or programs already made by the Township, or
for funds to pay the Township's required 25% "cost share" or "local match" required to
obtain a FEMA grant.
3.3. The Township shall follow all guidance established by the United States Treasury
Department, and the Comity, 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."'
3.4, The Township 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. The Township may use Oakland Together CVT finds to pay the
required 25% "cost share" or `local match" required to obtain a FEMA grant.
3.5. The Township 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 the Township's most recently approved budget as of March 27, 2020.
3.6. The Township 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. The Township shall not use Oakland Together CVT fiords as revenue replacement.
3.9. The Township shall not redistribute Oakland Together CVT funds, except the Township
shall be allowed to provide direct assistance to individual residents of the Township, and pay
vendors and service providers, as permitted by the CARES Act.
3.9. The Township shall not expend Oakland Together CVT funds in any manner that the
Township did not include in a submitted and approved Expenditure Submission Form.
3,10. If the Township receives an amount of funding from the federal or state government to
cover expenses for which the Township received Oakland Together CVT funds, the
Township shall return that amount of Oakland Together CVT fluids to the County.
3.11. The Township 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. The Township shall produce said records of expenditures upon request by the County or
OCE, or as required by any future audit of the CARES Act program.
This document is available at duns://home.a'easurv.eov/system/files/13G/Coronavirus-Relief-Fwid-Guidance-for-Stale-
Terri toria I-L.oca I-:uul-Tri bal-Governmeuts.0 d f
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
3.13. The Township 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 the
Township 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
the Township expended an amount of Oakland Together CVT funds in violation of the
CARES Act requirements or this Agreement, the Township shall be required to return that
amount of money to the County.
3.15. In any case where the Township is required to return an amount of money to the County
under this Agreement, the Township agrees that unless expressly prohibited by law, the or
the Oakland County Treasurer, at their sole option, shall be entitled to set off from ally other
the Township funds that are in the 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 the County shall be deemed a voluntary assignment of the
amount by the Township to the County. The Township waives any Claims against the
County or its Officials for any acts related specifically to the County's offsetting or retaining
of such amounts. This paragraph shall not limit the Township's legal right to dispute whether
the underlying amount retained by the County was actually due and owing under this
Agreement.
3.16. Nothing in this Section shall operate to limit the County's right to pursue or exercise any
other legal rights or remedies under this Agreement or at law against the Township to secure
payment of amounts due to the County under this Agreement. The remedies in this Section
shall be available to the County on an ongoing and successive basis if the Township becomes
delinquent in its payment. Notwithstanding any other term and condition in this Agreement,
if the County pursues any legal action in any court to secure its payment under this
Agreement, it agrees to pay all costs and expenses, including attorney fees and court costs,
incurred by the County in the collection of any amount owed by the Township.
3.17. The Township shall respond to and be responsible for Freedom of Information Act requests
relating to the Township's records, data, or other information.
4. DURATION OF TNTFRLOCAi. 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. The Township
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. Responsibility 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. 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. The Township 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 Comoletion 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. TFRMINATION OR CANCFLLATION OF AC,REFMFNT,.
6.1. The County may terminate or cancel this Agreement at any time if it determines that the
Township 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 the County terminates or cancels this
Agreement, the Township shall be liable to repay the County the amount of money
expended in violation of CARES Act requirements or this Agreement. The County may
utilize the provisions in Sections 3.15 — 3.16 to recoup the amount of money owed to the
County by the Township.
6.2. The Township 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 the Township terminates or
cancels this Agreement, it shall immediately return to the 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 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 BENF.FICIA E . 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 shalt 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
dcenmed 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. SEVERABI ITV. 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. PRECEDENCE. OF DOCUMENId. 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 the 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 the Township, it shall be addressed to: 5200 Civic Center Drive,
Waterford, MI 48329.
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. SURViVAi, 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, AGIRIEF,MENT,
16.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the Oakland Together CVT funds With regard to the Oakland Together CVT
funds, this Agreement supersedes all other oral or written agreements between the Parties.
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OAKLAND TOGETHER CARES ACT CVT FUND - INTERLOCAL AGREEMENT
16.2. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Kim Markee, Township Clerk hereby acknowledges that he/she has been
authorized by a resolution of the Charter Township of Waterford, a certified copy of which is attached,
to execute this Agreement on behalf of the Township and hereby accepts and binds the Township to the
terms and conditions of this Agreement.
EXECUTED:
Kim Markee, Township Clerk
Charter Township of Waterford
WITNESSED: d✓t t✓ �(�%
DATE: 7 --3 % a
DATE: e Ufa
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
Resolution to Approve the Interlocal Agreement for CARES Act Distribution
Between Oakland County and the Charter Township of Waterford
for Participation in the Oakland Together CVT Program
Whereas, the COVID-19 coronavirus pandemic outbreak was declared a health
emergency at the national, state, county and local levels; and
Whereas, the federal government of the United States passed the Coronavirus Aid
Relief and Economic Security Act (CARES Act) which established the Coronavirus
Relief Fund;
Whereas, Oakland County received a portion of these funds and allocated $30 million
for a program called Oakland Together CVT to assist cities, villages and townships
within the county meet certain areas of need caused by the COVID-19 pandemic; and
Whereas, the Charter Township of Waterford is a community within Oakland County
that is eligible to participate and has expenditures that meet the Oakland Together
guidelines.
It is therefore resolved that the Charter Township of Waterford Board hereby confirms
participation in the Oakland Together CVT program.
It is further resolved that the Charter Township of Waterford Board approves the
Interlocal Agreement for CARES Act Distribution between Oakland County and the
Charter Township of Waterford and the Supervisor or Clerk is authorized to sign the
agreement on behalf of the Township.
CERTIFICATION
I hereby certify that this Resolution was adopted by the Board of Trustees of the
Charter Township of Waterford, County of Oakland, State of Michigan, at a regular
meeting held on July 27, 2020.
-3f-'.e
Date
v
Kim. Markee, Township Clerk
Resolution #20508 October21, 2020
Moved by Hoffman seconded by Powell to suspend the rules and vote on Miscellaneous Resolutions
#20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval of Interlocal
Agreement/Application for Disbursement 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 #20471 through #20497 and #20499 through #20514 - Board of Commissioners — Approval
of Interlocal Agreement/Application for Disbursement with (Jurisdiction) for Distribution of CARES Act
Funding carried.
Moved by Hoffman seconded by Powell resolutions #20471 - #20497 and #20499 - #20514 be adopted.
Discussion followed.
Vote on resolution:
AYES: Gershenson, Hoffman, Jackson, Kochenderfer, Long, Luebs, Markham, McGillivray,
Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack. (17)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
1 l.C�-�A
I HEREBY #,;�PROVETHIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MIL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 21,
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 218t day of October, 2020.
Lisa Brown, Oakland County