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HomeMy WebLinkAboutResolutions - 2022.02.24 - 35323�AKLAND C O U NTY M I C H I G AN BOARD OF COMMISSIONERS February 24, 2022 MISCELLANEOUS RESOLUTION 922-050 Sponsored By: Michael Spisz IN RE: Board of Commissioners - Interlocal Agreement with the Charter Township of Oxford for the Oxford Area Economic Recovery Chairperson and Members of the Board: WHEREAS Oakland County recognizes the economic impact of the tragic event which took place in Oxford Township on November 30, 2021, and lauds and supports the efforts of area businesses which stepped up to join together in providing ongoing assistance to the local community; and WHEREAS pursuant to Miscellaneous Resolution 422001, the Board of Commissioners authorized the appropriation of $100,000 to support the Oxford area economic recovery; and WHEREAS the focus of the funding is to equip those Oxford area organizations and businesses that have provided indispensable assistance to the community following the tragic events of November 30, 2021 the necessary resources to ensure their economic vitality; and WHEREAS an Interlocal Agreement for financial support to local, small, and medium sized businesses including locally owned franchises was prepared by Corporation Counsel in accordance with the Oxford Response Ad Hoc Committee's eligibility requirements for grantees. Oakland County and the Charter Township of Oxford will work cooperatively to identify economic recovery needs and allocate the funds to support impacted businesses within the established eligible criteria. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby approves an Interlocal Agreement with the Charter Township of Oxford, as recommended by the Oxford Response Ad Hoc Committee, to support the Oxford area businesses in their economic recovery from the tragic events of November 30, 2021. BE IT FURTHER RESOLVED that the requirements established in the interlocal agreement for local aid to the Oxford area shall consist of the following eligibility criteria for awards to area businesses: 1. Economic recovery aid shall only be available to for -profit businesses of 50 employees or less. 2. Economic recovery aid shall be a single payment of up -to $5,000 for each business. 3. Economic recovery aid shall only be available for those businesses who have documented proof of providing goods or services to the community as determined by the Township of Oxford between November 30, 2021 and January 31, 2022. 4. For -profit businesses are eligible for economic recovery aid in the following jurisdictions: Village of Oxford, Oxford Township, Orion Township and Village of Lake Orion. BE IT FURTHER RESOLVED that the Charter Township of Oxford shall issue a report 30 days after the receipt of funds, but no later than April 15, 2022, to the Oakland County Board of Commissioners — Oxford Response Ad Hoc Committee detailing the disbursement of economic recovery aid efforts into the local communities. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to execute the Interlocal Agreement with the Charter Township of Oxford upon review by Corporation Counsel and the Purchasing Division. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Township Supervisor for the Charter Township of Oxford. BE IT FURTHER RESOLVED that the FY 2022 budget is amended to move the existing $100,000 appropriation from the Non -Departmental General Fund Support Services line item to the Economic Development General Fund Supportive Services line item as reflected in Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Michael Spisz. "id Date: March 02, 2022 David Woodward, Commissioner Date: March 09, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-02-24 Oxford Response- recommend to Board 2022-02-24 Full Board VOTE TRACKING Motioned by Commissioner Michael Spisz seconded by Commissioner William Miller III to adopt the attached Interlocal Agreement: with the Charter Township of Oxford for the Oxford Area Economic Recovery. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (21) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS 1. Oxford Twp Economic Recovery - Schedule A 2. Interlocal Agreement w Oxford Twp for Economic Recovery Aid STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 February 24, 2022, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seat of the Circuit Court at Pontiac, Michigan on Thursday, February 24, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds aecovety __-- County, Micni9a^ Ox1ort1T°`�nsbiP Ecq nor^u _th the Ghartor�T staP otA" eOs[PaL Zvi at < \nterloaal A9reet�nt v+r $chedu god9at Pr01 t Pro 0Gt$ P 6 SUPPaCNV t OY""�� �ktatc ReSerence �3 OLB Ol8 To,,%ExPengM1u(es .:e.onri Pro ram% Acwunte On't OV ZZp22 G�T 1�p �33 GLB Funs. J3Aesb piv\sron Name 106939 73i B85 R9t01bi tit9'V'J tOtbb 1�p195 No��,�p�eveWP�nt t01JJ E OAKLAND COUNTY INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY OXFORD CHARTER TOWNSHIP ill wil4"41119W6I LAWAIllILL I,Jp JJJJIII ;ILI 111111i ii ILIIIli IIillill NIW IIII,,,,,,LIIII„„„IIIiI,IIIIIIll gIIII I,14JIIuliO,IllIllIWgIll ill ;III;ill 111IIIIIIIIAIaIIIIIL11141111111111 illlil1N„I11IIIIll I I Aliffir I,11,IIlilli1,III11, lIIIJillillJIIll I Bi,4111!J,LLIIL 111l JWllli:IU This Agreement ("Agreement") is made and entered in e\aI f Oakland, ("County"), a Michigan Constitutional and Municipal Corpo tion, sion of the state of Michigan, whose address is 1200North Telegraph, Po8341 and the Oxford Charter Township ("Public Body") 300 Dunlap Rd. Oxf0, Federal Employer I.D. O. County and Public Body may be referred to indiviand jointly as "Parties". In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree as follow 1. PURPOSE OF AGREEMENT. C to the Urban Cooperation Act of 196 , Property Act of 1913 Public Act 380, described in Exhibit I. Body enter into this agreement pursuant MCL 124.501 et seq., and Gifts of ose of providing the services 2. DEFINITIONS. In addition to any defined terms in this Agreement (e.g., Agreement," "County," "Party," or "Partie etc.), the Parties agree that for all purposes, and as used throughout this Agreement, following words and expressions used throu is Agreement, whether used in the singular or plural, within or without q r possessive or nonpossessive, shall be defined, and interpreted as follows: mean the following documents, which this Agreement includes 1. Exhibit ope of Services Financial and Reporting Obligations 2.2. Claim means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 2.3. County As this term may be used in this Agreement, "County" shall be further defined to include any and all "County Agents," as defined herein. 2.4. County Agent shall be defined as any elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, e loyees, third -party contractors, departments, divisions, volunteers, repres es, or any such persons' successors (whether such persons act or acted ' rr personal representative or official capacities). County Agent shall als de any person who was a County Agent any time during the term of this ement b any reason, is no longer employed, appointed, elected, or othe e a County Agent. 2.5. Public Body As this term may be used in reement, "Public Body" shall be further defined to include any and all "Publi Agents," as defined herein. 2.6. Public Bodv Agent means any Public Body em officer, director, member, manager, department, division, trustee, volunteer, ey, licensee, contractor, subcontractoZi sidiary, joint venturer, partner or agent of Public Body, and any, through, under, or in concert with any of the above, wheth sonal, representative or official capacities. Public Body Age 1 aly person who was a Public Body Public Body Agent at any tin ins Agreement but, for any reason, is no longer acting in thatca 2.7. Dav shall beny calen ar day, which shall always begin at 12:00:00 a.m. and end p.m.2.8. Not-to-Exceeeans the yearly dollar amount listed in Exhibit I, unless amended. Thceed Amount is not the County's financial obligation under this Agreement, but the maximum yearly amount that can be paid to Public Body. 3. GRANT COMPLIANCE. The Parties understand that if any portion of this Agreement is funded through a grant the County receives from the any outside source. Public Body shall comply with all applicable grant requirements in the Grant Agreement. 4. TAXES, The Public Body shall be responsible for complying with all applicable state and federal taxes in regards to any services provided in Exhibit I. 5. PUBLIC BODY SERVICES FOR THE COUNTY. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, Public Body shall provide the services described in Exhibit I. 6. COUNTY FINANCIAL OBLIGATIONS FOR PUBLIC BODY SERVICES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County's sole financial obligation under this Agreement shall be set forth in Exhibit I. 7. ASSURANCES. 7.1. Except as otherwise provided in this Agreement, each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. In no event and under no circumstances in connection with or as a result of this Agreement shall the County be liable to Public Body, any Public Body Agent, or any other person, for any consequential, incidental, direct, indirect, special punitive, or other similar damages whatsoever (including, without limitation, damages to s of business, profits, business interruption, or any other pecuniary loss or b (detriment) arising from the services under this Agreement. 7.2. In any Claim that may arise from the performo greement, each Party shall seek its own legal representation and b r the co sociated with such representation, including judgments and attorney fees. 7.3. Except as otherwise provided for in this Agreement, neither PNbeified ae any right under this Agreement or under any other legal principle tor reimbursed by the other Parry or any of its agents in connectionaim. 7.4. This Agreement does not and is not intended to, impair, divest, delegate or contravene any consti statutory, or other legal right, privilege, power, obligation, duty or imm tries. 7.5. The Parties have taken all a Sn,. d all approvals necessary to authorize and complete this Agreement.er this Agreement on behalf of each Party have legal authority to sgreem d bind the Parties to the terms and conditions contained herei 7.6. Each Party shall comply with able laws, statutes, regulations, ordinances, and professional standards. 8. NO ED WAIVER. Except as otherwise expressly provided for in this Absent a en waiver, no act, failure, or delay by a Party to pursue or enforce any rights medies under this Agreement shall constitute a waiver of those rights with re to any existing or subsequent breach of this Agreement. 8.2. waiver of term, condition, or provision of this Agreement, whether by ct or o ise, in one or more instances, shall be deemed or construed as a c i iver of any term, condition, or provision of this Agreement. 8.3. No wa y either Party shall subsequently affect its right to require strict performance of this Agreement. 9. RECORDS. Public Body will maintain all records and detailed documentation in connection with the performance of this Agreement, including all financial records, for a period of not less than seven (7) years from the date this Agreement is terminated, the date the final expenditure report is submitted, or until any litigation and audit findings have been resolved, whichever is later, unless a longer retention period is specified by Public Body's retention and disposal schedule or is required under the law. Public Body shall provide the County with reasonable access to such records and documentation upon request. 10. TERM AND RENEWAL. 10.1. Term. This Agreement shall be effective when signed by the parties pursuant to Section 10.3, and shall remain in effect until it expires, without any further act or notice, at 11:59:59 p.m. on 10.2. Renewal. The Parties are under no obligation to renew or extend this Agreement. This Agreement may only be renewed or extended by written amendment. 10.3. Legal Effect. This Agreement shall not become of ve before all of the following occur: (a) the Agreement is signed by all (b) the Agreement is approved by the County's and the Public Body's ing bodies, the approval and terms of the Agreement shall be entered in minutes of each of the governing bodies and shall also be filed with t ice o Clerk of the County, (c) all certificates of insurance required by this Agreem e submitted and accepted by the County, (d) the Agreement is filed with the Secretary of State. 11. AMENDMENTS. All amendments to this Agreement must be in writing hall not become effective unless the amendment is signed, approved, filed, and accepted as set forth in Section 10.3 (Legal Eff ct). No other act, verbal representation, document, or custom shall amend this Aeree anv manner. 12. TERMINATION FOR CON Agreement upon thirty (30) cale incurring obligation or penalty o cancellation shall be clearly stated i. Agreement does not release any Party law. Any Party may terminate or cancel this notice to the other Party without %ective date of termination or ce. ation or cancellation of this obligations that Party has pursuant to any 13. SUSPENSION. Upon written notice, al arty may suspend performance of this Agreement if a Party has failed to comply w any law or any requirement contained in jeall t, as determined by the suspending Party. The right to suspend anc addition to the right to terminate or cancel this Agreement. A Party incur no p expense, or liability if it suspends performance under this Section. 14.Vogree TRACTOR. The legal status and relationship of the Parties shall ben t contractor. Except as expressly provided herein, each Party will bibl the acts of its own employees, agents, and servants during the tNo liability, right or benefits arising out of anemployer/employee rpress or implied, shall arise or accrue to either Party as a result of t 15. DELEGATION/SUBCONTRACT/ASSIGNMENT. 15.1. Written Consent Required. Except as contemplated by this Agreement, neither Party shall delegate, subcontract, or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 15.2. Resnonsibility for Assiens/Deleeates/Subcontractors. If a Party assigns, delegates, or subcontracts this Agreement, in whole or in part, that Party shall remain liable for performance of this Agreement and is solely responsible for the management of assigns, delegates, and subcontractors. 15.3. Flow Down Clause Required. Any assignment, delegation or subcontract must include a requirement that the assigns, delegates, or subcontractor will comply with the terms and conditions of this Agreement. The assignment, delegation or subcontract shall in no way diminish or impair performance of any term or condition of this Agreement. 15.4. Indemnification and Insurance Required. Any assignment, delegation, or subcontract must include a requirement that the contractor or subcontractor fully defend and indemnify the County and County Agents for any acts of the assigns', delegates', or subcontractor's related to their performance under this Agreement. Public Body shall require its contractors and subcontractors, not protected under Public Body's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Agreement. 16. NO THIRD -PARTY BENEFICIARIES. Exce t as provided for the benefit of the Parties, this Agreement does not and is not ' ed to create any obligation, duty, promise, contractual right or benefit, right to emnified, right to be subrogated to the Parties' right in this Agreement, or any of t in favor of any other person or entity. 17. FORCE MAJEURE. Each Parry shall cused any obligations under this Agreement during the time and to the exten a s prevented from performing due to causes beyond their reasonable control, g but not limited to: (a) acts of public enemies; (b) natural disasters; (c) terrorism; ar; (e) insurrection or riot; or (f) natural disasters. Reasonable notice shall be given t affected Parry of such event. The Parties are expected, through insurance or altern temporary or emergency service arrangements to continue their contractual duties bligations if a reasonably anticipated, insur . ess risk, such as business interruption or any insurable casualty or los rs. 18. DISCRIXON.N. The riles shall not discriminate against an employee or an applicanyment n ,any terms and conditions of employment or matters related tt color, religion, sex, sexual orientation, gender identity oral origin, enetic information, height, weight, disability, veteran li us, marital status or any other reason, that is unrelated to the person'serfo e duties of a particular job or position, in accordance with applicabd state 19. SEVERABILITY. If a courtof 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. 20. CAPTIONS. 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 number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 21. 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: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 21.1. If Notice is sent to the County, it shall be addressed and sent to: 1200 North Telegraph, Pontiac, Michigan 48341. 21.2. If Notice is sent to the Public Body, it shall be addressed and sent to: 21.3. Either Party may change the address and/or by notifying the other Party in writing of the Notice is sent 22. GOVERNING LAW/CONSENT TO JURISDI ND VENUE. This Agreement shall be governed, interpreted, and e d b laws of the State of Michigan. Except as otherwise required by law or court rule, any a brought to enforce, interpret, or decide any Claim arising rider or related to this Agree shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th t Court of the State of Michigan, or the United States District Court for the Eastern Distr Michigan, Southern Division, as dictated by the applicable jurisdiction of the co . xcept as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth abov all not be deemed to preclude the enforcement of any judgment obtained in such to ing action under this Agreement to enforce such judgment in any appropriate juri tt 23. ENTIRE AGREEMENT. This emen h the entire agreement between the Parties along with the Agreement Do e e ' to this Agreement, each Party acknowledges that it has not relied y prior contemporaneous agreement, representation, warranty, or other state by the other Parties that is not expressly set forth in this Agreement, and that any and ch possible, perceived or prior agreements, representations, understandings, state s, negotiations, understandings and undertakings, whether written or oral, in a way concerning or related to the subject Agreement are fully and completely superseded by this Agreement. VIVA)antinue MS AND CONDITIONS, The following terms and conditions all survinue in full force beyond the termination or cancellation of this Bementthereof) until the terms and conditions are fully satisfied or expire it na2. Definitions, Section 4. Public Body Services for the County, Sec 5.inancial Obligations for Public Body Services, Section 6. Assur Insurance, Section 8. No Implied Waiver, Section 9. Records, Sectionents, Section 14. Independent Contractor, Section 16, Delegationt/Assignment, Section 17. No Third -Party Beneficiaries, Section 18. Force tion 20. Severability, Section 22. Notice, Section 23. Governing Law/Consent to Jurisdiction and Venue, Section 24. Entire Agreement. PUBLIC BODY: BY: DATE: DATE: THE COUNTY OF OAKLAND IM Chairperson, Oakland County Board of EXHIBIT I: SCOPE OF SERVICES FINANCIAL AND REPORTING OBLIGATIONS The County and Oxford Township wish to assist local business with aid pursuant to Michigan Law. The Public Body agrees to administer a grant program on behalf of the County to financially support local, small, and medium sized businesses including locally owned franchises ("Grantee"). GRANT ADMINISTRATION: Public Body's grants and communications managers shall serve as the Grant Administrator, Grant Fiduciary, and Grant Implementation, and shall be responsible for Grant Reporting to the County as required. The Public Body shall supply a report to the ( no later than April 15, 2022. The contents of a minimum must contain the name of the Gra CITY, TOWNSHIPS, AND VILLAGES' Prys after the grant has been provided and shall be agreed upon by the Parties, but at Only Businesses in the following jurisdictions are eligible Village of Oxford, • Oxford ® Orion Tow , and; ® Village of DOLLAR AMOUNT/LI F AWARDS The Not -To -Exceed Amount foragreement is $100,000.00. Grantee is eligible for a single payment of up to $5,000.00. t I GRANTEE ELEGIBILITY REQUIREMENTS Successful Grantees will be responsible for complying with all the terms of this Interlocal Agreement. In addition Grantees must comply with the Public Body's reporting requirements. Grantee is required to submit documented proof of providing goods or services to the community as determined by the Public Body between November 30, 2021 and January 31, 2022. Grantee must be a for -profit business of 50 employees or less.