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Home My WebLink AboutInterlocal Agreements - 2020.11.19 - 34396MISCELLANEOUS RESOLUTION #20532 November 19, 2020 BY: Commissioners Bob Hoffman, District #2; Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS — 202012021 SCHOOL DRINKING WATER STATION PROGRAM — PROGRAM PARTICIPATION AGREEMENT BETWEEN OAKLAND COUNTY AND BRANDON SCHOOL DISTRICT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to Miscellaneous Resolution #20369, recognized that the County can promote public health and establish lifelong nutrition habits by supplying increased access to water for school age children through the School Drinking Water Station Program; and WHEREAS Miscellaneous Resolution #20452 appropriated $600,000 towards the 2020/2021 School Drinking Water Station Program with the intention to assist eligible schools by offering a one-time bulk purchase of drinking water stations; and WHEREAS the Oakland County Board of Commissioners authorized the School Touchless Water Bottle Filling Station Ad Hoc Committee to approve and distribute a School Drinking Water Station Program Application to identified eligible, participating Oakland County schools; and WHEREAS under the terms and conditions of the attached Application, Brandon School District has requested 4 unit(s) of the Elkay EZH2O Model LZ08WSLK Drinking Water Filling Stations, 2 unit(s) of the Elkay EZH2O Model LZWSSM, and 83 unit(s) of the Brady 23300D Lockout; and WHEREAS Oakland County's share of the Fiscal Year 2020/2021 authorized amount of the 2020/2021 School Drinking Water Station Program funding for the drinking water station units requested by the Brandon School District amounts to $8,963; and WHEREAS the Oakland County Board of Commissioners has determined that the completion of the program will promote public health and establish positive lifelong nutrition habits by supplying increased access to water for youth in publicly funded Oakland County schools serving school -age children. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Program Participation Agreement with the Brandon School District as prepared and reviewed by Corporation Counsel for the 2020/2021 School Drinking Water Station Program. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the Program Participation Agreement with Brandon School District. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to Oakland County Fiscal Services and the Brandon School District. 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 #20452 adopted on October 21, 2020. Chairperson, I move the adoption of the foregoing resolution. Commissioner Bobffman Commissioner Michael Spisz District #2 District #3 FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #20532 November 19, 2020 Moved by Long seconded by Luebs the resolutions on the Consent Agenda be adopted. AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) NAYS None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted. I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.569A (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 191h day of November, 2020. �`.�e'ti Lisa Brown, Oakland County oil AWA *)f Brandon School District Brandon Board of Education Regular Meeting Central Office Board Room and Zoom Platform 1025 S. Ortonville Road Ortonville, Michigan 48462 October 19, 2020 6;30 PM OFFICIAL MINUTES 1. Call to Order — 6:30 p.m. by Diane Salter II. Roll Call Present: John Chartier, Melissa Clark, Marianne Dwyer, Lisa Kavalhuna, Kevin McClellan, Diane Salter, Kim Smith-Kulaga Others present: Janice Meek, Executive Director of Business Services; Carly Stone, Executive Director of Curriculum / Instruction; Diane Zedan, Director of Preschool / Special Education; and Maria Schubring, Recording Secretary III. Pledge of Allegiance Led by the Board. W. Public Comments and Questions on Agenda Business No one from the public wished to address the Board. V. Approval of Consent Agenda The Brandon Board of Education deems all items listed on the consent agenda non -controversial and routine in nature. The body will approve these items under one motion and there will be no discussion. A member of the Brandon Board of Education wishing to discuss an item on the consent agenda may request it be removed from the consent agenda, and placed on the regular agenda. The body will consider and discuss the item at that time. Lisa Kavalhuna moved and John Chat -tier supported that the Brandon Board of Education approve the consent agenda as presented. Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark — yes; M. Dwyer —yes; L. Kavalhuna — yes; K. McClellan — yes; D. Salter — yes; K. Smith-Kulaga — yes. A. Minutes of the September 21, 2020, Regular Meeting B. Minutes of the October 1, 2020, Special Meeting C. Minutes of the October 5, 2020, Special Meeting D. General Fund Accounts Payable in the amount of $ 1,918,370.00 VI. Information and Discussion Items A. Board of Education Report Diane Salter shared that Dr. Heidrich visited our distrct last week and spent four hours with board members touring the buildings and meeting staff. He is expected to start next week. B. Finance Report 1. Audit Report — Plante Moran Janice Meek introduced Paul Bryant and Kasey Eason from Plante Moran. Mr. Bryant and Ms. Eason provided a detailed PowerPoint presentation including the summary of audit results for year ending June 30, 2020. Mr. Bryant stated that the district received an unmodified opinion which is the best opinion assigned by a single auditor. He publicly thanked Janice Meek and the business office staff for their assistance and preparedness during the virtual audit. C. Education Report Carly Stone provided a teaching and learning update. She shared a presentation highlighting what we've accomplished over the past month for in -person / online instruction, COVID-19 protocols, testing, NWEA assessments, virtual parent/teacher conferences; what we're working on -- early literacy program, education plan change requests, count day; and what we're looking forward to --professional learning day for teachers, last day of first quarter, NWEA data review, early 31 grade literacy program. VII. Action Items A. Approval of Interim Superintendent Contract Lisa Kavalhuna moved and Melissa Clark supported that the Brandon Board of Education approve the Interim Superintendent Contract for Dr. Karl Heidrich as presented. Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark — yes; M. Dwyer — yes; L. Kavalhuna — yes; K. McClellan — yes; D. Salter — yes; K. Smith-Kulaga — yes. B. Approval of Employment Kim Smith-Kulaga moved and Lisa Kavalhuna supported that the Brandon Board of Education approve to hire David Bremer as Choir Director at Brandon High School; and Catherine Dietiker, as School Counselor at Brandon High School as presented. Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark — yes;M. Dwyer —yes; L. Kavalhuna—yes; K. McClellan — yes; D. Salter — yes; K. Smith-Kulaga—yes. C. Approval of Brandon Administrators Association (BAA) Stop -Gap Contract Melissa Clark moved and Lisa Kavalhuna supported that the Brandon Board of Education approve the BAA Stop -Gap Contract as presented. Carried unanimously 7-0. Rol I cal I vote: J. Chartier — yes; M. Clark —yes; M. Dwyer —yes; L. Kavalhuna — yes; K. McClellan — yes; D. Salter — yes; K. Smith- Kulaga — yes. D. Approval of Brandon Education Association (BEA) Stop -Gap Contract Marianne Dwyer moved and John Chartier supported that the Brandon Board of Education approve the BEA Stop -Gap Contract as presented: Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark — yes; M. Dwyer —yes; L. Kavalhuna — yes; K, McClellan —yes; D. Salter — yes; K. Smith- Kulaga — yes. E. Approval of CARES Act Interlocal Agreement Lisa Kavalhuna moved and Kevin McClellan supported that the Brandon Board of Education approve the CARES Act Interlocal Agreement as presented. Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark —yes; M. Dwyer —yes; L. Kavalhuna—yes; K. McClellan —yes; D. Salter — yes; K. Smith-Kulaga — yes. F. Approval of the 2019-2020 School District Audit Kevin McClellan moved and Lisa Kavalhuna supported that the Brandon Board of Education approve the 2019-2020 School District Audit as presented. Carried unanimously 7-0. Roll call vote: J. Chartier — yes ; M. Clark —yes; M. Dwyer — yes; L. Kavalhuna — yes; K. McClellan — yes; D. Salter — yes; K. Smith-Kulaga—yes. G. Approval to Issue an RFP for Superintendent Search Firm Consultant Lisa Kavalhuna moved and Kevin McClellan supported that the Brandon Board of Education approve the issuance of an RFP for Superintendent Search Firm Consultant as presented. Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark — yes; M. Dwyer —yes; L. Kavalhuna — yes; K. McClellan — yes; D. Salter — yes; K. Smith-Kulaga — yes. H. Approval of Special Education Paraprofessional Rates Melissa Clark moved and Lisa Kavalhuna supported that the Brandon Board of Education approve to increase special education paraprofessional rates as presented. Carried unanimously 7-0. Roll call vote: J. Chartier—yes; M. Clark —yes; M. Dwyer —yes; L. Kavalhuna—yes; K. McClellan —yes; D. Salter —yes; K. Smith-Kulaga—yes. 1. Approval of Extended COVID-19 Continuity of Learning Plan Marianne Dwyer moved and Lisa Kavalhuna supported that the Brandon Board of Education approve the Brandon School District Extended Continuity of Learning Plan as required by Public Act 149. Carried unanimously 7-0. Roll call vote: J. Chartier — yes; M. Clark — yes; M. Dwyer —yes; L. Kavalhuna—yes; K. McClellan — yes; D. Sauter — yes; K. Smith-Kulaga—yes. VIII. Citizens' Input No one from the public wished to address the Board. IX. Adjournment —7:28 p.m. by Diane Salter Minutes prepared by Maria Schubring, Recording Secretary �'1aPlissa-Clark, Secretary Date AGREEMENT FOR CARES ACT DISTRIBUTION BETWEEN OAKLAND COUNTY AND The Brandon School District This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North'felegraph Road, Pontiac, Michigan 48341 ("County"), and the The Brandon School District (1025 S. Ortonville Rd. Ortonville Michigan; County and School District may be referred to individually as a "Party" and jointly as "Parties". PURPOSE OF AGREEMENY_, County and School District enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 etseq., for the purpose of County distributing a portion of its CARES Act funds to School District. County has allocated a portion of its CARES Act funds to be distributed to school districts within Oakland County, which will be used to assist school districts in meeting certain areas of need caused by the COV1D-19 pandemic. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: 1.1, Agreement means the teens and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind'which are incurred by or asserted against County or School District, or for which County or School District 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, 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. 1.4, D.0 means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. School District means the The Brandon School District including, but not limited to, its school board, superintendent, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.6. Sf.hnof District to ee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of School District, 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, Page 1 of 6 OAKLAND TOGETHER SCHOOLS COviD SUPPORT FUND - INTERLOCAL AGREEMENT under, or in concert with any of the above who use or have access to the Oakland Together Schools COVID Support funds provided under this Agreement. 'School District Employee" shall also include any person who was a School District Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. "School District Employee" does not include an individual resident of School District who receives an authorized distribution of Oakland Together Schools COVID Support funds. 13. CARES Act funds means the money distributed to the County by the United States Department of Treasury pursuant to section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act. 1.8. Oakland Together Schools COVID Sunnort Fund or "Oakland Together Schools" fundfsl means that portion of the CARES Act fiords which the County has allocated to school districts within Oakland County. 1.9, Exnenditure Submission Form means the form which School District must complete and submit to OCE prior to any disbursement of Oakland Together Schools funds to School District. 1.10. OCE means the Office ofthe Oakland County Executive, which includes the Chief Deputy and other Deputy County Executives. 1,11, Oversight Committee means the committee established by the Oakland County Board of Commissioners in the resolution allocating the Oakland Together Schools fiords. 2, COUNTY RFSPONSTBILITTFEa. 2.1. OCE will review School District's Expenditure Submission Form to determine whether School District is eligible to receive a distribution of Oakland Together Schools 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 School District's eligibility. 2.2. , If OCE determines that School District is eligible to receive a distribution, County will distribute the eligible amount to School District. 2.3. County will set a distribution cap for 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 District who are eligible for federal free and reduced lunch program. The distribution cap is not a guarantee or promise that School District will receive a certain amount of money under this Agreement. 2.4. County is not obligated or required to distribute any Oakland Together Schools funds to School District if OCE determines that School District is not eligible to receive the funds, or if the amount of Oakland Together Schools fiords available are pot sufficient to fulfill School District's Expenditure Submission Form. 2.5. After November 30, 2020 County will not accept any further Expenditure Submission Forms from School District, and County will retain the balance of any Oakland Together Schools funds for which School District was originally eligible, but which are not covered by an approved Expenditure Submission Form. 2.6. if County retains the balance of Oakland Together Schools funds under Section 2.5, County may redistribute any or all of that amount to other eligible School Districts or as otherwise deemed appropirate by OCE. Page 2 of 6 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT 2.7. OCE will work in collaboration with the Board of Commissioners Oversight Committee in determining Public Body's eligibility for Oakland Together Schools funds, and the amount of said funds to be distributed to Public Body. 3. SCHOOL DISTRICT RESPONSIBILITIES. 3.1, School District may be eligible to receive a distribution of Oakland Together Schools funds. School District shall complete and submit an Expenditure Submission Form to OCE and receive OCE approval prior to the distribution of any Oakland Together Schools funds. 3.2. School District shall follow all guidance established by the United States Treasury Department, and the County, when expending Oakland Together'Schools 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."' 3.3. School District shall only expend Oakland Together Schools funds to pay for expenses incurred due to the COVID-19 public health emergency, such as: 3.3.1. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions; 3.3.2. Expenses for the acquisition and distribution of medical and protective supplies; 3.3.3. Expenses for disinfection of public areas and other facilities; and 3.3.4, Expenses to ensure compliance with COVID-19 public health orders. 3.4. School District shall only expend Oakland Together Schools funds to pay for expenses which were not accounted for in School District's most recently approved budget as of March 27, 2020, 3.5. School District shall only expend Oakland Together Schools funds for expenses incurred during the period that begins on March 1, 2020 and ends on December 30, 2020, 3.6. School District shall not use Oakland Together Schools funds as revenue replacement. 3.7. School District shall submit records of all expenditures to OCE by prior to reimbursement with a detailed description of how the funds were expended and how the expenditure of funds complied with the CARES Act requirements. 3.8. If School District receives an amount of funding from the federal or state government to cover expenses for which School District received Oakland Together Schools funds, School District shall return that amount of Oakland Together Schools fonds to County. 3.9. School District shall keep records of all expenditures of Oakland Together Schools funds sufficient to demonstrate that said expenditures were in accordance with the CARES Act requirements for a period of 10 (ten) years, at a minimum: 3.10. School District shall produce said records of expenditures upon request by County or OCE, or as required by any future audit of the CARES Act program. 3.11. In the event it is determined by OCE, or any other audit under the CARES Act program, that School District expended an amount of Oakland Together Schools funds in violation of the CARES Act requirements or this Agreement, School District shall be required to return that amount of money to County. This document is available at httusa/home.treasunsa��sysiem/tiles/i 3GlCorunavirus-Rer ief-Fund-Guidance-Por-State- 'Cerri to ri aI-Local-and-Tri ba I-Cmvernm ents. nd f ' Page 3 of 6 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT 4. DURATION OF INTERLOCAL AGREEMENT, 4,1. This Agreement shall be effective when executed by both Patties with resolutions passed by the governing bodies of each Party if applicable. 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. School District shall comply with the record keeping, reporting, audit response, and fund return requirements after the termination of this Agreement if necessary. 5. ASSURANCES. 5.1, Resnonsibility 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. Resnonsibility for Attorney Fees and Costs. Except as provided for in Section 3.13, in any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such repiesentation, 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. School District shall be solely responsible for all costs, fines and fees associated with any misuse of the Oakland Together Schools COVID Support funds and/or for noncompliance with this Agreement by School District Employees. 5.5. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, andlor other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing ir; this Agreement shall be construed as a waiver of governmental immunity for either Party. 5.6. Authorization and Completion of Agreement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Patty 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. :�llt�it7ti,I�/_TIITC1i�CI1Z�7:7►[N�lC1I_rtYTi7►[ITaL '7 tt-�ill� 6.1. County may terminate or cancel this Agreement at any time if it determines that School District has expended Oakland Together Schools COVID Support 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, School District shall be liable to repay County the amount of money expended in violation of CARES Act requirements or this Agreement, Page 4 of 6 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT 6.2. School District may terminate or cancel this Agreement at anytime if it determines that it does not wish to receive any Oakland Together Schools COVID Support funds, If School District terminates or cancels this Agreement, it shall immediately return to County any and all Oakland Together Schools COVID Support funds it has already received, 6.3. If either Patty terminates or cancels this agreement they shall provide written notice to the other Party in the manner described in Section 13. 9. DELEGATION OR ASSIGNMENT. Neither Patty shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 8. NO THIRD -PARTY BENEFTCTARMS. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 9. NO IMPLIED WAIVER, Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10, SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 11. PRFCFDFNCE OF DOCUMrNTS. 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 ands 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. IfNotice 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, 4834L 13.2, If Notice is sent to School District, it shall be addressed to; 1025 S. Ortonville Rd. Ortonville, MI 48462 14, GOVFRNTNG LAWICONSF,NT TO JURTSDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise Page 5 of 6 OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT 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 TFR. All. 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, repotting, audit compliance, and fund return provisions of Section 3, 16. WTTRE AGREEMENT. 16.1, This Agreement represents the entire agreement and understanding between the Parties regarding the Oakland Together Schools COVID Support funds With regard to the Oakland Together Schools COVID Support funds, this Agreement supersedes all other oral or written agreements between the Parties. 16,2. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Jan Meek, Executive Director of Finance, hereby acknowledges that he/she has been authorized by a resolution of the The Brandon School District, a certified copy of which is attached, to execute this Agreement on behalf of School District and hereby accepts and binds School District to the terms and conditions of this Agreement. EXECUTED: an Meek, Fxe utive Director of Finance WITNESSED: Loa 11/;i Diane Salter, Board of Education President DATE: t 9 DATE: 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, 1, L- Y EXECUTED: D,, Wo.dv.d,0,, 15, 202009.31 EST; David Woodward, Chairperson Oakland County Board of Commissioners Qt%:Illa WITNESSED: a3nsrinKfcaT�v(o,ci,,202DD955UT) Oakland County Board of Commissioners County of Oakland Page 6 of 6 DATE David T. Woodward E-signed 2020-12-18 09:36AM EST - woodwardd@oakgov.com DATE' .lo Ann Stringfellow E-signed 2020-12-18 09:55AM EST stringfel[owj@oakgov.com Oakland County IT Accounts Payable OAKLAND TOGETHER SCHOOLS COVID SUPPORT FUND - INTERLOCAL AGREEMENT