HomeMy WebLinkAboutResolutions - 2020.11.19 - 33904REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
MISCELLANEOUS RESOLUTION #20586
BY: Commissioners Philip Weipert, District #8; Gwen Markham, District #9
IN RE: BOARD OF COMMISSIONERS- OAKLAND TOGETHER SCHOOL COVID-19 SUPPORT FUND
PROGRAM - AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND
SOUTH LYON COMMUNITY SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners, pursuant to MR #20369, recognized that the
success of our schools is contingent upon students and teachers learning in a safe educational
environment; and
WHEREAS Oakland County established the Oakland Together School COVID-19 Support Fund Program
with the intention to assist eligible schools by offering a distribution of the County's CARES Act funding to
support the school districts with the implementation of safety protocols stemming from the COVID-19
pandemic; and
WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act)'s 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 an Agreement for CARES Act Distribution was prepared by Corporation Counsel in accordance
with requirements approved by the Board of Commissioners and the Oversight Committee for the Oakland
Together School COVID-19 Support Fund Program; and
WHEREAS the Oakland Together School COVID-19 Support Fund Oversight Committee has reviewed the
grant application from South Lyon Community Schools and recommends the disbursement of
$1,066,963.28 from the Oakland Together School COVID-19 Support Fund Program from CARES Act -
Coronavirus Relief Funds; and
WHEREAS upon review of the Agreement for CARES Act Distribution, the Board of Commissioners has
determined that the execution of the agreement and the disbursement of funding will provide the assistance
to Oakland County schools for the implementation of safety protocols needed to combat the novel
coronavirus (COVID-19) public health emergency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the Agreement for CARES Act Distribution with South Lyon Community Schools.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the distribution of
$1,066,963.28 from the Oakland Together School COVID-19 Support Fund program to South Lyon
Community Schools.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the Chairman of
the Board of Commissioners to execute the Agreement for CARES Act Distribution with South Lyon
Community Schools, as prepared by Corporation Counsel for the Oakland Together School COVID-19
Support Fund Program.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution to Oakland County Fiscal Services and South Lyon Community Schools,
BE IT FURTHER RESOLVED that no budget amendment is required as the appropriation for the Oakland
Together School COVID-19 Support Fund Program was authorized with Miscellaneous Resolution #20369
on September 3, 2020.
Chairperson, we move the adoption of the foregoing Resolution.
0 4,1)� � 1wd—_
Commission& -Philip Weipert Commissioner Gwen Markham
District #8 District #9
Oakland Together Schools Support Fund Expenditure Submission Form
j Oakland County is collecting the "Substitute W-9 Form Data" (this is the same information contained in an official W-9 Form, but not the actual form) and
Vendor information as part of the grant application process. Once your expenses are approved as CARES Act eligible collecting this information now
assists us in facilitating a more efficient reimbursement process.
Taxpayer Identification Number (TIN) Validation
Business Name * Bd of Ed Oakland Co South
Lyon Community Schools
As sh(mn on your iI tax return
Typo* f, Social Security Number
F Employer Identification Number
Business Name Business name, trade nane, G3A nave, cr
Idea) disregarded entry narre.
Employer 38-6003063
Identification
Number *M
PLEASE NOTE: The TIN Validation process compares the data that you enter into the form, with your business data on file with the IRS.
You must enter the data exactly as it is recorded with the IRS. You will be limited to three attempts at entering the data correctly.
If, in three attempts, you fail to enter the data correctly you will be locked out of the TIN Validation process for 6 hours. Oakland County
DOES NOT have this data about your business and cannot provide this data to you. It is incumbent on the applicant to have the correct
data on hand and enter it correctly.
Please verify that the information above Is correct before pressing the "Check your TINT" button below. You will not be able to proceed
further in completing the application without a successful TIN Check.
'Check your TIN!
Substitute Form W-9
Request for Taxpayer Identification Number and Certification
Link to W-9 instructions on IRS website: littps://v .irs.gov/instructions/iw9
1. Name Bit of Ed Oakland Cc South Lyon Community Schools
As sawn on your inmrre tax return
2. Business Name Ed of Ed Oakland Co South Lyon Community Schools
Business nerre/disregarded entily nave, if different fromatwve
If you have a husiness nane, t ada nave, EBA nane, or disregarded enty narre, you nsy enter it on tine 2.
3. Tax Classification* Check appropriate I for federal tax classification of" person whnse nano is enter ad online 1. Check only one
of the fdlaNing seven Loxes,
f•Individual/sole proprietor or single -member LLC
• C Corporation
f•S Corporation
r, Partnership
(', Trust/estate
* Limited liability company
Other Goveinn¢:nt- Fublicbrhoul Ushlrt
Pete. Creekthe approplate boy in the line above for the tax classification of thesingle- enber crvuco In not check
LLC I the LLC is classified as a single-rrenber LLC that is disregarded fromthe owner unless the owner of the, LLC
Is another LLCihatis notdsregardedfronthemnerfor U.S, federal tax purposes. Otherwise, asingl nercLer
LLC [list is disregarded frornttre owner should check the appopnare box for the tax chssdreatm of its w ner.
4. Exemptions (codes apply only to certain entities, not individuals)
Exempt payee code 1—Anorganizahonexenptfromtax under sectlon501(a),any [RA, of a custodial account under secton 40.3uh)(71
ff the account satisfies the teyulrements of section 401(f)(2)
2—The Unted States or any of its agent ies or mstrunenkl ores
3—A state, the District of Colunda, a U.S, comor ravealth or possession, or any of Ilxir political subtvisions or
insfumentaldies
4 — A foreign governrmnt or any of its p,Jihcal subdivisions, agencies, or Insh'unvnrtahGes
5—A corporation
6 — A dealer in securities or cormDrillies required to register in the Linked States, fire Dstrict of CaLftia, or a U.S.
comroneveallh or possession
7—A futures concussion merchant registered with the Camodlty Futures Trading Conn isscn
8—A real estate investment trust
9—An entity tegistered at all limn dillIng the tax year under the Investment Company Act of I(an
10—A corrrron trust Rind operated by a boric under section 584(a)
11—A financial institution
12—A Maclennan kr cevif in the Investment connunity as a rxxdnse or custodian
13—A it List exempt from tax under section 664 or descrin in section 4947
Exemption from FATCA re porting code A —An organization exempt fmakes under section 501to) or any individual ourenenl plan as defined in section
7701(a)(37)
B—The United States a any of its agencies or instrurrenlalines
C—A state, the District of Conti Lela a U S, conni irvvealth or possession, or any of then Political subdivisions or
instrunentallties
D—A corporation the stock of w hmh is regularly traded on one or mare established securities narkers, as
desenlind m Rrgulations section 1.1472-1a)(1)(i)
E—A corporation that is a nacber of the sarre expanded affihated group as a corporation described in Regulations
section 1.1472-1(c)(1)(0
F—A dealer insecurities, conmx40es, a derivativefnancal instiller s (including rational fxun:p,al contracts,
futures, forwards, and options) that is registered as such under the laws of the LhitM States or any state
G—A real estate Investment Gust
H—A regulated inveslrient cormany as detinod in section 851 or an entity registered at all lures during the lax year
under the Investment company Act of 1940
1 — A acumen trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A hi oker
L—A trust except fiomtax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan a section 457(g) Aron
5. Address* (7) 345 S Warren
6. City* South Lyon
State * MI ZIP Code * M 48178
Part I - Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup wilhlxAding. For individuals, this is generally your social security anchor (SSN).
However, fa a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other carries, it is your enpluysi identification number (EN. It you do net Irave a runner,
see I -few to get a TIN later.
Social Security
Number(�)
Part 11 - Certification
Employer 38-
Identification 6003063
Number('?)
Under penalties of perjury, I certify that:* W 1. The number shown on this form is my correct taxpayer identification number
(or I am waiting for a number to be issued to me); and
fT 2. 1 am not subject to backup withholding because: (a) I am exempt from backup
withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)
that I am subject to backup wihholding as a result of a failure to report all
interest or dividends, or (c) the IRS has notified me that I am no longer subject to
backup withholding; and
(J; 3. 1 am a U.S. citizen or other U,S. person (defined below), and
j7 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt
from FATCA reporting Is correct. (Applies to accounts maintained outside the
U.S.)
Certification instructions. You must uncheck item 2 above If you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions for Part II, later.
Signature of U.S. person*
6/ vel-2 r2leal
Date 10/26/2020
Expenditure Form
Application ID
11316S
School Information
School District*
South Lyon
School Mailing
Address
Address*
345 S Warren
City*
South Lyon
State * MI Zip Code * 48178
Submission Contact Information
Name* Monica Neal
Title * (7) Grant Manager
Email* nealm@slcs.us
Verify Email* nealm@slcs.us
Pd enter enad address
Phone* 248-573-8111
Authorized Official
Individual aultwiized to sign loterlecol Agreenent
Name* Stacy Witt
Title*(°) Assistant Superintendent
Email* witts@slcsms
Verify Email* wtts@slcs.us
Fd'renter en e address
Phone* 248-573-8125
Funding Information
Payment Method* r Electronic (ACH) F Check Payment
Remittance Address
Same as Mailing Address
Address* 345 S Warren
City* South Lyon
State MI ZIP Code * 48178
Expenditures
Enter expenditure information in the fields below. ❑ick"Add"foi an additional set of fields to suhmt up to 3sepaiate expenditures.
Expenditure ID 11316S-1 Expenditure Description* Remaining Per Pupil Allocation
Expenditure Category* Facilitating Distance Learning
Start Date * 10/26/2020 End Date* 10/26/2020
Amount* $ 1,066,963.28
Compliance Explanation South Lyon has already received $362 of CARES Act money per
Flow is the expenditure connectedtothe COMD•19 pupil and we are requesting the remaining $138 per pupil from the
pandemic andfor state" county health orders? Briefly County's CARES Act money
summarize a include cover memo
Compliance Records See attached document for CRF funding allocated to South Lyon
Financial records that demonstrate Compliance. Please
use an excel spreadsheet as a cover to individual
invoices (Compliance Records should be uploaded with
Submission Form)
Attachment* All expenditures crust besuppoded by records sufficient to dermnstrate that the arrount of payments fromthe Fund
have been in accordance with section 601 (d) of the Social Secunty Act.
South Lyon CARES Funding.pdf 477.85KB
(uploaded documentation must be a single file of size 2 MBor less. Paving or scanning with a lower
resolution (di and rmnochrorm can reduce file sve.)
Total Expenditure Amount $ 1,066,963.28
Compliance Requirements
By connoting this Formthe applicant affirms that it will abide by each of the fdlawing requirements when using OuHiand Together 03VID Support funds Rease checkthe box nextto each
requirement to confirm your intent to abide by these
I7 The expenditure of the funds is necessary due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19).
17 The expenditures were not accounted for in the budget most recently approved as of March 27, 2020.
* W The expenditures were or will be incurred during the period that begins on March 1, 2020 and ends on December 30,
2020.
I7, The expenditures are not being used as revenue replacement for a Public Body 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 with 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.
BOARD RESOLUTION
AGREEAMEN'T FOR CARES ACT DISTRIBUTION BETWEEN
OAKLAN'D COUNTY AND
SOUTH L ON CORIAIUNI Y SCHOOLS
'Phis Ay,rccmcnl (to "Agreement") is made ho"ven Oakland County, a Municipal and ConsHlutional
Corporation, 1200 North Telegraph Road, Pontiac, Whigan -IS,d 1 ("County"), and the South Lyon
Community Schools ("School Uistricl"1 345 South \Varren Stain South Lyon. MI U M. County and
School District n uy be rci nY to individually as a "Party" and,lnintly as "Parnes".
PURPOSE, OF A GRFEiNIENT. County and School District enter into Ihis Agiewncrl pursuant to the
Urban Cooperation Act of 1967, 1967 Public Act 7, NICL 121501 w nip for the purpose of C'nuuty
dislrihuting a portion of its C'ARL.S Act funds to School District. Cuomo has allocatal ❑ portion oI' its
CARES Act funds to be distributed to school districts within Chtkland County. which gill he used to
assist school districts in meeting certain areas of need caused by the COVID-19 pandenne,
In consaderanon of the nimnal promises, obdigalions, rcpresentawns, and assurances in this Agreement,
the Parties a"rce to the following:
I DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall he defined, read, and interpreted as Mews:
1.1 Atireement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modificalion, amendment, h.shibit and auachnxvtt
10. Claims mean :any alleged losses, claims, complaints, demands for rchefor damages.
IaWSuitS, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable
attorney lees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or CHOW of any kind which are incurred by or
asserted against County or School District, or ki which County or School District may become
legally and/or contactually obliguted to pay or defend against, whether Met, indirect or
consequential, whether basal upon any altoged v iolalion of the Icdcral of the state
constitution, any fideiat or state stalnton rule, regulation, or :any alleged violation of ledural
or state conunon law, whether any such cdanms are brought to law or equity, tort. contract, or
odtcraa isc, and/or whclhor commenced or thro noncd.
I.;. Cn mt y ruouls Oakland C'otuny, a Municipal and Conslitudon,d Corporation, mcludilul,
but not limited to, all orits dopwnncrnts, divisions, the County Board oMmin issionars.
elected and appointed officials, directors, board members. council ntcnahers,
commissioners, authorndes, committees, employees, agents, wlun(cors, and/or any such
personsnuecessors.
1.4. jLi_y moans any calendar day beginning at 12:00 a.m. and ending at 109 :59 p.m.
1.5, School District means the South I you Community Schools including, but not limited to,
its school hoard, superintendent, employees, agents, subconaaciors, attorneys. Nolumeen:s,
and/or any Such persons' successors.
L6. School District Emolovee Incurs any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, representatives ofSdKml District, licensees,
concessionaires, contractors. subcontractors, independent contractors.:agents, and/on any
such persons' successors or predecessors (whether Such persons act or aclod in then -
Page I of 7
OAKLAND TOGETHER SCHOOLS C'OVID SUPPORT FUND - IN'TERLOC'AL AGRUNIVNT
peraom 1. rchrrscntalive or MOW capacitive), and or any persons aoirig by, through.
under, or in concert with any- of the ahovc who use or ha%c access to the Oakland I ogcthcr
Schools COVID Support funds provided under this ;\.pcement. "School District Employee"
shall also include any person who was a School District Lmploycce at any time durntg the
teen of tlti:. A\.?roement but, for any reason, is no longer employed, appointed, or elected in
that capadiv "School District Fntployce" does not include an individual redden of
School Distriet who roccives an atth(a 7CtI distribution of I )aklancl "together Schools
COVID Support funds.
1.7. CARV.S Act funds means the inoncy distributed to the County by OW United Statcs
Department otTreasury pursuant to section 601(a) of die Socwl Security ,het. as added by
section 510H of the Coronatvwus Aid, Relief. and Lcononuc Securtiv Act,
I.S. Oakland 11wellavir Schools COVID Support Fund or " Mikland T'mrether Schools„
Quits means that portion of the CARLS Act funds which the County has allocated to school
districts within Oakland County.
10. Expenditure Submission Form means the form which School District mast complete and
subrim to OCL- prior to any disbursement of Oakland Together Schools funds to Schad
District.
1.10. OCE pawns the Office of the Oaklund County lAccwhT, which ineludo the Chief
Deputy and other Deputy County Executives.
1.1 I. OVersiaht Committee means the corranatce eslublished by the Oakland County board
of Commissioners in the resolution allocating the Oakland'fogether Schools funds.
2. COUNTY RU:SPONSIT31L1"T'IES.
11. OCt-. will review School District's Espcn liturc Submssion 1 ornt io determine whether
School District is eligible to reccrn c a distribution of Wk and Together Schools I"ands. This
determination will be in the OC'L's discretion pursuant to the -Co Ionavn'us ReIicf huud
Guutauce for State, Territorial, Local and .( bbal Government" or other gukhnwv issued by,
the Federal Government. OC'E play request any supporting documentation it deems
necessary to billy evaluate School District's eligibility.
3.?.. If UC'L determines that School Distract is eligible to receive a dtsu ibuhou, County will
distribute the eligible amount to School District,
23, County "IN set a distribution cup fat each School District, which cap will be based on the
following factors: the number of students enrolled in School District, the number of teachers
employed by School District, and the number of students in School DlSt W who are eli;g0h:
Car federal free and reduced lunch progmin. The disrTwoon cap N not a gua mntec of
promise that School Dtstrict will receive a certain amount of money WITH this Agreement
2A, County is not obligated or required to distribute any Oakland To<_,cthcr Schools funds to
School District if OCL determines that School District is not eligible to racove the funds. or
if the amount of Oakland Together Schools funds available are not sufficient to fulfill School
District's Bpcndilure SaHIIIS, OI) born.
2 5, After November 30, 2020 County will not accept any further Expenchune Submission Norms
from School District, and County will retain tie balance of any Oakland Together Schools
Ends WOW School District was originally eligible, but which arc not covered by an
approved Fxpenduurc Subluksinp Perm,
Pagc 2 of 7
OAICLA41)'fOGET111:11 SCHOOLS COVID SUPPORT 121iN'1) - INTERLOCAL AGISEEMENT
_'.b. II County retails the balance ofOddand Together Schools Raids under Section 2 5, County
may redlst Ihulc any or all ofthat amount to other eligible',drool District, or as othera oc
deemed appropn'ale by OC 1,.
2.7. OCT will uaork in collaboration with the Board otCotmnissiomcrs O\cr,Ight C'rnnmince in
detennining Public Hody's eligibility air Oakland hogcthcr Schools funds, and the amount
of said funds to he chshributed to I uhlic Body.
SC11001. DI,STIM... p RF4PONSIBILIT110,
3.1, School District may he eligible to rcavive a chstrKWIcin of Oakland Tu.,edwr Schools fund,.
School District shall complete and suhmit an Bricnlawt: Submission Dorm to OCT Lund
receive OCT apirocal prior to the distribution of any Oakland Together Schools liuuh,.
12. School ITSM shall Iollow all guidance established by the United States I reasury
Department, and the County, when expending Oakland I ogether Schools funds, incluclinf",
but not limited in. Section 601(d) of the Social Scourity Act and the " C' ironavn'us Relic('
Fund (IN dance for State, Territorial, Local and 'Tribal GoN ermncnts.",
School District ,hall only expend (Wand Tot ether School, funds to hm for expenses
incurred due to the COVID-19 public health emergency. such as:
3.3.1. Expenses to facilitate distance Icarninu , including technological improvctucnts, in
connection with school closings to enable compharice ta'ith LQVID-19
precautions;
3.3 2. Expenses ta- the acquismon and dlsvihudon of medical and pro CCtive .Supplies;
3.3.3. Lxpcnses la-dismfecdon of public areas and other facilities; anti
3.3 4. GxpcnseS to ensure compliance with CO\'1I)-19 public health uI'd crs.
3 -1. School Disnlct shall only e.Mwnd Oak bral Jbgs her Schools hunts to pay 1'or oxpcnsus whleb
were not accounted fur in School Dist ict's moll reCUInly approved budget us of \larch 27,
2020,
3.5. School District shall not use Oakland Together Schools lands ass revenue replacuncnt.
31, School shall submit to the county, per the L.S. freasury Department guidance (% an
administrative convenience, Treasury gill prestune that expenses of up to M) per
elementary and secondary school student to be eligible expenditures, tiuch that Schools (lit
not need to document the SpeClfie use of funds up to that amount") cloclancin tuoil of how
Crutch CARES Act money they hm c ahrady received up to file S500 allowable cap and
request from county the remaining amount per pupil.
3.7. Ira School District is requesting county CARES Act rointburscmeul above the y500 per
pupll aduailtisuativc cap outlined in the United states'frcasury Department guidance, the
School Disn'ict shall submit records of all cxpendiu re, in excess of that amount to OCE,,
prior to reimbursement wish a detailed description of how the funds were expended and hum
the expenditure of funds complied with the CARES Act requirements,
W If School Dlstict receives in amount of funding from the federal of, slate government to
cover expenses for which School District received Oakland Together Schoob funds, School
District shall return that aniount of Oakland Together Schools funds to C'ouuly.
This IOCUMMI i; VINNIF W at tit��,,_: hnntc.irc,fatu',':_m_',y:a_m� lilctr 13l,'Cunmaa.irug,.R�licf-Funit-C hpd;u?rc--tut_ 1.nc-
'Ica rtcmral_( alai-anti=liihnl lima c)nmcnls gdl
Page 3 of 7
OAKLA,ND TOGI',-['IIGI: SCHOOLS COVID SUPPORT FUND - ItNTERLOCAL AGREEMLNT
i,9 School District shall keep records of all expenditures of Oakland I'o cthetSchools lands
sufficient to demonshate that said expenchhues were In accordance with the ( ':\kFS Act
requirtmi cuts for a penod of 10 (tea) years, at a minnnum.
3. 1). School Disu tct shall produce said I ecords of expenditures upon request by County or OC'I.,
or as required by any (inure audit of the CARS Act program.
3.11 In the event I is delcrnuned by OCT, or any other audit under the C'AIZKS Act pwgr:un, Ihat
School District expended cut amount of'Oukland To.gcOm Schools funds in violation of the
CARLS ;Vt requirentenfs or this Agreement, School Drslriet shalt he required to return that
amount of money to County,
q. DURAT'ION OF IN"I'ERLOC'AL AGREEI IEiN-p.
7.1. 'Phis A-rceincnt shall he cflecthc when executed by bath Parties mil resolutious payed hr
the governing bodies ofeach Party ifapplwidt. The nppm%al and Icrnns of this Agreement
shall he enured in the official minutes of the goy erninp, bodies of each Party. /\n c\Ccutcel
copy of this Agreement and any amendments shall be filed by the County Clerk with the
Secretary of Stave.
4.2 HIis Agreement shall Icmain in clfccI until J a n u a 1 31, 2021. or u n h I canccHod or
tcrntinatcd by any of the Pamwq pursuant to the terms of the Agreement. School District
shall comply wish the record keeping, reporting, audit response, and fund return
Nquwcments after the termination ofOds Agwrino t rfnmTssary.
5. ASSURANC'FS.
5.1. ResponsibiHN for Claims. Lach Parry shall he responsible for any Claim., made agauist that
Party by a third putty, and for the acts of its cnnployecs arising under or related to this
A+,reenteut.
5.3. Resoonsibility for Atlornev Fees and Costs. Lacept as provided My in Section 3 13, in any
Claim that may arise from the performance of this : gwarywran each Party shill seer: its own
legal wpre,entution and bear the costs associated with such representation, including
iudgrtncnts and attorney ices.
5.3. No IndemniUrdion. Except as othertcise pnwidcd for in this Agremount, neither party shall
have ;uty right under this Agwerrim or under any other legal principle to be indemnified or
reimbursed by they other Party or any of its agents in connechon with any Claim.
5.-1. Costs, Floes, and Fees for Nunconipliance. School District shall be solely responsible
for Lill costs, tines and fees asaoccved with any misuse of the Oakland Together Schools
COVID Support hauls and/or 1'or noncompliance with this \grecuucut by School District
Liriployees.
5.5. Reservation of RiPhts. This Agreement does not, ;anti is not intended to, impair, divest,
cdetrgmc or contravene any constitutional, statutory, and/or other legal right, prlcilc,e,
power, obligation, duty, or immunity of the Parties. Nwhing in this ,Agreement shall he
construed as a "Over of governmental invuunity for either Party.
5 6. Authorization anrd Completion of A.greentent, fhe parties hm'e taken all actions and
scoured all approvals necessary to authorize and complete this Agreement. Ile persons
signing, this Agicenncnt on behalf of cacti Party have legal authority to sign this
Agreement and hind the Parties to the terms and conditions cmaxi cd herein
Page d of 7
OAKl„\ND TOGFTHLR SCHOOLS COVID SUPPORT' FUND - ItiT6RLOCAL AGREEMENT
7, Compliance tcith Laws. Each Party shall cu npli "it all Went ante. and h al
ordinances, reltulationS, adnunrst aove rules. and requirements applicable to its
aei\'tties performed under this Ai,rrcn!c!u.
o. TV'RAIINATION OR CANCELLATION OF AGREENIEN'T
6.1 County mayterminate or cancel thin Agreement at any tiler if it dewrminc< that School
District has expended Oakland Tngclhcr Schools C'OM) Support rinds in AOla% ol'
CAFES Act requirements or this A,gNarlent. Either OCL- or the hoard ol'Cuuunissioncrs
is authorized to turntinate this Agreement under this prnv iston. If County lcrnunates or
cancels this Agreemenl, School District shall be liable to repo) County the mmouai of
Money expended Al violation of C'ARFS Act rcqu!renwins or this Agreement.
0.3. School District may terminate or cancel this Agreement al any lints if it delenninen that it
does not wish to reccivc any Oakland Together Schools CUM Suppnri funds, VSchool
Disu'iet terminates or cancels this Agreement, it shall immediately return to County any,
and all Oakland Together Schools COVID Support funds it has already received,
W, If either Party terninates or cancels this egrecmcul Hwy Shall provide written notice to the
other party in the manner described in Section 1
7. DELEGATION OR ASSIGNMENT, Neither Pan, shall delegate or assign any Obligations ur
r ghis under this Agreement without the prior written foment of the other Pally.
S. NO T111RD-PARTY BENEFICIARIES. Wept as provided for the henetit ofdw Parries, this
Agreement does not and is not intended to create any Obligation, duty, prom!SC. eonUaclual rIi-dit ('l
benefit, right to indemnification, right to subMgaHML author any other right in favor of any other
person or entity.
9. NO 1!NIPLIED NVAIVER. Absent a written wwvrr, no act, failure, or delay by a Parl)'to pulsar rn
enlbrce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or Subsequent breach of'tlus A`ereavent. No waiver of any let'!n, condition, or
provision of this Agreement, whether by conduct or othciwisc, in one or more inslauces shall tic
deemed or construed as a continuing waiver of any term, eonclhica , or provision of HAS Agreement.
No waiter by either Party shall SubsCquauly alfeCt its right to requite since pol-Wrnance of this
Agreement.
Ill, SEVERABILITY. If a court of competent jurisdiction finds a term or Condition of this
AWmoment to be illegal or invalid, then the terns or condition shall be deemed severed foul this
Agreement. All other terms, conditions, and pros isions of this Agrecracrnt Shall remain in full
hare.
11. PRECEDENCE OF DOCUNIENTS. In the evert of conflict hrhmuen the terms and
conchhous ol'any of the documents that compnse this Agreement, the twin, in the Agreement
Shall prevail and take precedence over any allegedly eunllKinx term, and conditions.
12. CAPTIONS Ile section and subsection a urribc s, capdnns, and any index to such SCISMIS and
subsecuons Contained in this Agrcenunt are intended for the convenience of the reader and ter not
intended to have any sub.slantive meaning. The numbers, captions, and indexes shall not he
interpreted or be considered as part of this Agreement. .Any use of the Singular nr pluQ any
reference to gentler, and any use of the nominative, objective or possessive case m this Agreement
shall be cleaned the approprlale plutaltty, gentler 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 fast 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
Page 5 of 7
OAKLAND TOGETIIER SCIIOOLS C'OVID SUPPORT FUND - IIN'TERLOCAL AGREEINIENT
following first occur 5) the dalc of acurd rceeipt; (6) the next business clay Nvhen n Licc is scot
e.Xpicss delivery service or personal delivery; or (Hi) three days after mailin. first class or cert!fic-1
U.S. mail.
1 ).1, If Noncc is sent to Counts, it shall be addressed and Sens lo: Uokland County Executive, ? 1 i)o
Pontiac Lakc Rd., Waterhxd, NIL 48328. and the C'han'person of the (hit.laud Cointy Board
oCConunissioncrs. 1200 North I clrLrtph Road, Pontine, \Ml, 4834 I.
13.2 11'Noticc is sent to School 10111c1, it .Shall he addicsscd to: 3-15 Sunlit \V,arcii Sum South
loon, N11 48178
14. GOVERNING LANM ONSENT TO JURISDICTION AND 1 F.NIJE This Agreciuclu ;;hall he
"ovcrnxi, iutcrpretcd. and enforced by the lays of the Stale of'14ichigan Except aS otherwise
required by law or court mile, any action prow, t to enforce, interpret, or decide any UK ansin..
under ur related to this Agmeneut shall be brought in the 60 Judicial Circuit Court of the Site of
Michigan. the 50th District Court of the State ofNfichigm of the United States DIS[rlCl Court for the
Eastern Dism of ;Michigan. Southern Division, as dictated by the applicable jurisdiction of the
court. Except as odwrwise reputed by lmv or court ta& venue is proper in the courts set fboll
above.
15, SLMVIVAL OF 11:10NIS. The Mowing (arms and conditions shall Survive and continue in full
force beyond the tenuinotion or cancellation of this Contract (or any part thereof) unul the terms and
conditions are fully satisfied or expire by their nature: Definitions (Section I ): ASSurancca (Section
5): No Third -Party Beneficiaries (Section S); No Implied \Vaivcr (Section'): Severability (Section
I0); PPCCCdenee of Documents (Section I I ); Gov'rrning Law Consent to Jurisuhclion and Vcnic
(Section 14): Sun iyal of Terms (Section 15); I000c Agreement (Section I Q and do reawd
kecpi❑ rcportin". audit coolpliance, and fund return prov!Sions of Section 3.
10, ENTIRIE, AGREFiN11,Nh.
16 1. This .2\grccmcot represents the entire a,_>rcetuem and understanding hutwecn the Partm
regarding the Oakland Together Schools C'OVID Support funds With regard to the
Oakland TageTer Schools C'OVID Support finds, this Agiccmcnt supersedes all other oral
or written agrearicnls hon can the Parties.
I M, The language of (his Agreement shall he construed as a whole according to is Cain
Meaninlz..inl not construed strictly Ibr or against ail, Pony.
M WITNESS WHEREOF. Stacy \'.'ill, Assistant Superintendent foi Business and Finance, herehv
ackno"Odges that he/she has hcen aulhuriiccd by a resoltuiou of the South Lyon Community Schools, a
Certified copy of which is attached, to execute this A4mrcenent on behalf of School District and hcreh�
accepts and hinds School District to the terms and conditions of this Agwernem.
EXfC'UI-ED: \ _-1K)�) DATE: ICiC
Stacy 1Vit(, :\ss sta it Superintendent for Businem and l0wrice
South I_vun C.'onununih' Schools
WITNESSED: DA'M:
,Monica Neal. Grants Manager
South Lynn C'Umnrality School,
Page ti of 7
OAKLAND'1'0(:1'.THER SCHOOLS COVtD SUPPORT FUND - INTERLOCAI, AGREEMENT
IN \VI'1'NESS \VIIFRE W, David \Voodward, Chairlrcrson, Oakland County Road ofConumSAOIler,,
hereby acknowledges that he has been authorized by a rrsoltuion of the Oakland County Board of
C'ununi,siun r, to execute this Ag-unrent on bchalfofOukland ('aunty. ax1 herchy accchts and hinds
Oakland County to the torus and eondtti ms of this Agreement.
FXLC'UTI;I): DA I'1 :
David Woodwald, C'hairlrcnon - ---
Oakland ('overly Board of Conunissiuner;
1i'I'fNl'Stil;ll; DATE:
Uakland County Board W`onwussiomvr -
County of Oakland
1jr text)
Resolution #20586 November 19, 2020
Moved by Hoffman seconded by Taub to suspend the rules and vote on Miscellaneous Resolutions #20584
through #20587 - Board of Commissioners — Oakland Together School COVID-19 Support Fund Program
— Agreement for CARES Act Distribution between Oakland County and (School District).
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolutions #20584 through #20587 - Board of Commissioners — Oakland Together School COVID-19
Support Fund Program — Agreement for CARES Act Distribution between Oakland County and (School
District) carried.
Moved by Taub seconded by Miller resolutions #20584 - #20587 be adopted.
Vote on resolution:
AYES: Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert,
Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long,
Luebs. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions were adopted.
a,
1 HEREBY APPROVE THIS FfES OLUTION
CHIEF ;P91Y L;XECUTIVE
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 November 19,
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 1911 day of November, 2020.
Lisa Brown, Oakland County