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AGREEMENT FOR LOCAL FISCAL RECOVERY FUND DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
NOVI COMMUNITY SCHOOL DISTRICT
This Agreement (the "Agreement") is made between Oakland County, a Municipal and
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"),
and the Novi Community School District ("Public Body") 25345 Taft Rd, Novi, MI 48375.
County and Public Body may be referred to individually as a “Party” and jointly as "Parties".
PURPOSE OF AGREEMENT. On March 11, 2021, the President of the United States signed
the American Rescue Plan Act of 2021 (“ARPA”) into law. Section 9901 of ARPA amended
Title VI of the Social Security Act to add section 603, which establishes the Coronavirus Local
Fiscal Recovery Fund. Oakland County has been allocated $244,270,949 in Local Fiscal
Recovery Fund (“LFRF”) dollars under ARPA.
The United States Department of Treasury has issued an interim final rule, and other
guidance for qualified uses of LFRF. Those qualified uses include the type of project as
described in Exhibit A. The County has determined that the distribution of funds in
accordance with this Agreement is a qualified use of LFRF funds pursuant to the interim rule
and other applicable Department of Treasury guidance.
County and Public Body enter into this Agreement pursuant to the Urban Cooperation Act of
1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of County distributing a portion
of its LFRF funds to Public Body.
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:
a. Agreement means the terms and conditions of this Agreement and any other
mutually agreed to written and executed modification, amendment, Exhibit and
attachment.
b. Claims mean any alleged losses, claims, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
liabilities, penalties, litigation, costs, and expenses, including, but not limited to,
reimbursement for reasonable attorney fees, witness fees, court costs, investigation
expenses, litigation expenses, amounts paid in settlement, and/or other amounts or
liabilities of any kind which are incurred by or asserted against County or Public
Body, or for which County or Public Body may become legally and/or contractually
obligated to pay or defend against, whether direct, indirect or consequential, whether
based upon any alleged violation of the federal or the state constitution, any federal
or state statute, rule, regulation, or any alleged violation of federal or state common
law, whether any such claims are brought in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
c. 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,