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HomeMy WebLinkAboutResolutions - 2024.07.18 - 41367 AGENDA ITEM: Contract with the Village of Lake Orion for Sanitary Sewer Improvements DEPARTMENT: Water Resources Commissioner MEETING: Board of Commissioners DATE: Thursday, July 18, 2024 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4264 _ 24-54 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Contract Yolanda Smith Charles INTRODUCTION AND BACKGROUND POLICY ANALYSIS This is a request to approve a contract between the County and the Village of Lake Orion that would allow the Water Resources Commissioner to provide sanitary sewer improvements. The project will install improvements for 16 sanitary pump stations located in the peninsulas and islands of Lake Orion. The Village shall pay to the County the entire cost of the Project not defrayed by grants and funds available from other sources in cash not later than the effective date of the County Agency’s award of the first construction contract for the Project. After completion of the Project, the Village shall own the Project, and the County shall operate and maintain the Project as part of the System in accordance with applicable agreements between the County and the Village. Total project cost is estimated at $9,103,000. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional information. CONTACT Jen Cook Eric McGlothlin ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 7/19/2024 David Woodward, Board of Commissioners Approved - 7/19/2024 Hilarie Chambers, Executive's Office Approved - 7/24/2024 Lisa Brown, Clerk/Register of Deeds Final Approval - 7/24/2024 AGENDA DEADLINE: 07/18/2024 6:00 PM ATTACHMENTS 1. Exhibit 1 LO Village Sanitary Sewer System Improvement Contract 2. 2024-07-10 EDI Memo for Lake Orion PS Upgrades 3. LO Village Council Resolution COMMITTEE TRACKING 2024-07-10 Economic Development & Infrastructure - Recommend to Board 2024-07-18 Full Board - Adopt Motioned by: Commissioner Christine Long Seconded by: Commissioner Ann Erickson Gault Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (19) No: None (0) Abstain: None (0) Absent: (0) Passed July 18, 2024 RESOLUTION #2024-4264 _ 24-54 Sponsored By: Yolanda Smith Charles Water Resources Commissioner - Contract with the Village of Lake Orion for Sanitary Sewer Improvements Chair and Members of the Board: WHEREAS the Village of Lake Orion (the “Municipality”) is in urgent need of sewage disposal facilities constituting a part of the Village of Lake Orion Sewer System (the “System”) as described in the form of the proposed contract hereinafter mentioned (sometimes referred to herein as the “Project”), in order to promote the health and welfare of the residents thereof, which sewage disposal facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”), and especially Section 5 thereof; and WHEREAS by the terms of Act 342, the County and the Municipality are authorized to enter into a contract for the acquisition and construction of the Project to serve the Municipality and for the payment of the cost thereof by the Municipality in cash; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the Municipality, party of the second part (the “Contract”), which Contract provides for the acquisition and construction of the Project and which Contract is set forth in Exhibit 1 hereto; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire and construct the Project, and procure the services necessary therefor, as provided in the Contract. NOW THEREFORE BE IT RESOLVED 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve and confirm, under and pursuant to Act 342, the establishment of the Project as part of the System, which shall consist of (i) the acquisition and construction of the Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Project, as specified and to be located as shown in Exhibit A to the Contract (the “Project”), and (ii) the services provided thereby; that the Project as part of the System shall serve the Municipality; that the County Water Resources Commissioner is hereby designated and appointed as the “County Agency” for the Project; that the County Agency shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Municipality as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project as contained in Exhibit A to the Contract and the estimates of $9,103,000 as the cost thereof and of 20 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Contract between the County, by and through the County Water Resources Commissioner, party of the first part, and the Municipality, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Water Resources Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is attached to this Resolution hereto as “EXHIBIT 1”. 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith Charles. Date: July 19, 2024 David Woodward, Commissioner Date: July 24, 2024 Hilarie Chambers, Deputy County Executive II Date: July 24, 2024 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2024-07-10 Economic Development & Infrastructure - Recommend to Board 2024-07-18 Full Board - Adopt Motioned by Commissioner Christine Long seconded by Commissioner Ann Erickson Gault to adopt the attached Contract: Contract with the Village of Lake Orion for Sanitary Sewer Improvements . Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (19) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Exhibit 1 LO Village Sanitary Sewer System Improvement Contract 2. 2024-07-10 EDI Memo for Lake Orion PS Upgrades 3. LO Village Council Resolution 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 July 18, 2024, 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 on Thursday, July 18, 2024. Lisa Brown, Oakland County Clerk / Register of Deeds EXHIBIT 1 [Form of Contract] 4874-2436-4722 v1 [9007-451] OAKLAND COUNTY VILLAGE OF LAKE ORION 2024 SANITARY SEWER SYSTEM IMPROVEMENTS CONTRACT THIS CONTRACT, made and entered into as of the 1 st day of January, 2024, by and between the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the “County”), by and through its Water Resources Commissioner, County Agency, party of the first part, and the VILLAGE OF LAKE ORION, a home rule village located in the County (hereinafter sometimes referred to as the “Village”), party of the second part. W I T N E S S E T H: WHEREAS, pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as “Act 342”), the County has designated the Oakland County Water Resources Commissioner as the county agency for the Village of Lake Orion Sewer System (hereinafter sometimes referred to as the “System”) with all powers and duties with respect thereto as are provided by Act 342 (said Water Resources Commissioner being hereinafter sometimes referred to as the “County Agency”); and WHEREAS, under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the System improvements and facilities hereinafter described (the “Project”), the County and the Village are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the Project by the County and for the payment of the cost thereof by the Village in cash from available funds; and WHEREAS, there is an urgent need of such sanitary sewer system improvements and facilities to provide sanitary sewer services to the Village in order to promote the health and welfare of the residents thereof, which improvements would likewise benefit the County and its -2- 4874-2436-4722 v1 [9007-451] residents, and the parties hereto have concluded that such improvements can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially section 5 thereof; and WHEREAS, preliminary plans for the Project and estimates of the cost and period of usefulness thereof have been prepared, all of which have been submitted to and approved by the Board of Commissioners of the County and the governing body of the Village and placed on file with said Board of Commissioners in the office of the County Agency, said estimates being set forth in Exhibit B hereunto attached; and WHEREAS, in order to provide for the acquisition and construction of the Project by the County and for other related matters, it is necessary for the parties hereto to enter into this contract. THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE as follows: 1. The parties hereto approve and agree to the acquisition, construction and financing of the Project as herein provided, under and pursuant to Act 342. The Village by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establishment and location of the Project within its corporate boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the Project and any impro vements, enlargements or extensions thereof, and the Village further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of easement, right -of-way, license, permit or consent as may be requested by the County. -3- 4874-2436-4722 v1 [9007-451] 2. The Project shall consist of additions and improvements to a portion of the System shown and described on Exhibit A, which is attached hereto and is made a part hereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers which plans are on file with the County Agency and are approved and adopted. The Project may be acquired and constructed in one or more phases and shall be acquired and constructed substantially in accordance wi th said preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consulting engineers, but variations therefrom that do not materially change the location, capacities or overall design of the Project, and that do not require an increase in the total estimated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the governing body of the Village and if provisions required by paragraph 4 hereof are made for payment of any resulting increase in the total estimated cost. The estimate of the cost of the Project and the estimate of the period of usefulness thereof as set forth in Exhibit B are approved and adopted. 3. The County Agency will obtain construction bids for the Project and, subject to the receipt of a cash payment to be made under this contract by the Village, shall enter into construction contracts with the lowest responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time, and do all other things required by this contract and the laws of the State of Michigan. The County Agency may, in its sole discretion, retain the services of a third-party engineering firm to perform contract administration of the Project, and payment for such services shall be the responsibility of the Village as part of the cost of the Project as described in paragraph 5 hereof. All certificates for required payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payments. -4- 4874-2436-4722 v1 [9007-451] 4. Except as otherwise provided herein, in the event that it shall become necessary to increase the estimated cost of the Project for any reason, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or chan ges made in the approved plans or otherwise, the County Agency shall not be obligated to pay such increased or excess cost unless the governing body of the Village shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be defrayed by increased or additional payments to be made by the Village to the County in the manner acceptable to the County Agency. 5. The Village shall pay to the County the entire cost of the Project not defrayed by grants and funds available from other sources in cash not later than the effective date of the County Agency’s award of the first construction contract for the Project. If acquisition and construction of the Project is performed in phases, then for each phase of the Project, the Village shall pay to the County the entire cost of each respective phase of the Project not defrayed by grants and funds available from other sources in cash not later than the effective date of the County Agency’s award of the first construction contract for each respective phase of the Project. The Village hereby acknowledges that no County general funds shall be appropriated or pledged pursuant to this contract or for the Project. The County’s role in the Project is strictly limited to that set forth in Act 342, and the Village shall be solely responsible for all administration and construction costs (including attorney fees and all dispute resolu tion costs), all costs of operation and maintenance of the Project, all costs and expenses relating to lawsuits as described in paragraph 12 hereof and all items of cost described in paragraph 6 hereof. Payments shall be made by the Village when due whether or not the Project has then been completed or placed in operation. 6. The County Agency is hereby authorized, but not required, to utilize County personnel for the administration of the Project. The Village agrees that the costs of contract administration, auditing and financial services shall be part of the cost of the Project for purposes -5- 4874-2436-4722 v1 [9007-451] of paragraph 5 hereof, whether such services are provided by County personnel or third parties. In the case of County personnel, the costs attributed to the Project shall include the allocable share of such personnel’s salary and fringe benefits to the Project as determined by the County Agency. 7. If the Project is abandoned for any reason, the Village shall pay, or reimburse the County for the payment of, all engineering, legal and other costs and expenses incurred by the County Agency in connection with the Project, and the Village shall be entitled to all plans, specifications and other engineering data and materials. 8. After completion of the Project, the Village shall own the Project, and the County shall operate and maintain the Project as part of the System in accordance with applicable agreements between the County and the Village. 9. It is understood and agreed by the parties hereto that the Project is to serve the Village and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Village. The responsibility of requiring connection to and use of the Project and/or providing such additional facilities as may be needed shall be that of the Village wherein such property is located and such Village shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. 10. The County shall have no obligation or responsibility for providing facilities except as herein expressly provided with respect to the acquisition and construction of the Project or as otherwise provided by contract. The Village shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the System by constructing or extending sewers or related facilities, connecting the same to the System, and -6- 4874-2436-4722 v1 [9007-451] otherwise improving the System. It is expressly agreed, nevertheless, that no such connection shall be made to the System and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County. Any such permit may be made conditional upon inspection and approval of new construction by the County. 11. To the fullest extent permitted by law, and except as covered by the contractor’s liability insurance, the Village shall indemnify and hold harmless the County and the County Agency, and agents and employees of each of them, from and against claims, damage s, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from design or construction work relating to the Project, including, without limitation, claims for damage to public or private property and for injuries to or death of any person or persons, excluding, however, any claims or causes of action resulting from the County’s or the County Agency’s sole negligence. 12. The parties hereto agree that the costs and expenses of any lawsuits or Claims (as hereinafter defined) arising directly or indirectly out of this contract or the construction or financing of the Project, to the extent that such costs and expenses are char geable against the County or the County Agency, shall be deemed to constitute a part of the cost of the Project and shall be paid by the Village in the same manner as herein provided with respect to other costs of the Project. In the event of such litigat ion or claims, the County Agency shall consult with the Village and shall retain legal counsel agreeable to the County and the Village to represent the County; provided that if the County and the Village cannot agree as to such representation within a reasonable time, the County Agency shall exercise its discretion as to the retention of such counsel. In this contract, “Claims” means any alleged losses, claims, complaints, demands for relief or damages, liability, penalties, 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 imposed on, incurred by, or assessed against the County, County Agency or Village, or -7- 4874-2436-4722 v1 [9007-451] for which the County, County Agency or Village 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. This paragraph shall not apply to a lawsuit instituted by the Village to enforce its rights under this contract. 13. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this contract. 14. In the event that any one or more of the provisions of this contract for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. This contract shall become effective after its execution by each party hereto. This contract shall terminate one (1) year from the date of final acceptance of completion of construction of the Project by the County Agency, unless terminated earlier by mut ual agreement of the parties hereto in writing. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This contract may be executed in any number of counterparts. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being duly authorized by the respective governing body of such parties. -8- 4874-2436-4722 v1 [9007-451] COUNTY OF OAKLAND Executed on __________, 2024 By: Jim Nash Its: County Water Resources Commissioner (County Agency) VILLAGE OF LAKE ORION By: Darwin McClary Its: Village Manager Executed on __________, 2024 And: Sonja Stout Its: Clerk May 29 Approved by Lake Orion Village Council on May 28, 2024 4874-2436-4722 v1 [9007-451] EXHIBIT A Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Project Description and Map Acquisition and construction of various improvements to the Village of Lake Orion Sanitary Sewer System (the “System”) located in the Village of Lake Orion, consisting, without limitation, of the rehabilitation of sixteen (16) sanitary lift stations, including, without limitation, demolition of the existing equipment within twelve (12) ejector stations and four (4) centrifugal pump stations, and all other related equipment, installation of new pumping equipment, air compressors, air storage tanks, motors, air manifolds, valves, piping, pipe fittings, ventilation blowers, level transducers, electrical panels and wiring/conduit, control panels, equipment racks, new DTE electric meters, generator transfer receptacles, power distribution cabinets, manual transfer switches, and main service disconnect switches, new sump pumps, piping and valves, new lighting, and facilities and site structures, as well as the restoration of property, curbs, streets, rights-of-way, driveways, sidewalks, and easements affected by the improvements and all other work and equipment necessary and incidental to the improvements. [Map on following page] 4874-2436-4722 v1 [9007-451] Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Map EXHIBIT B Estimate of Cost and Period of Usefulness 4874-2436-4722 v1 [9007-451] Form DC–001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 02/12/2018 OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Commissioner Yolanda Smith Charles, Chairperson of the Economic Development and Infrastructure Committee FROM: Jen Cook, P.E., Civil Engineer III, Project Manager SUBJECT: Authorize Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Contract DATE: July 10, 2024 The Water Resources Commissioner (WRC) is seeking approval of the attached Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Contract between the County and the Village of Lake Orion for the Village’s Pump Stations Improvements Project. The project will install improvements for 16 sanitary pump stations located in the peninsulas and islands of Lake Orion. The original equipment is beyond the expected useful service life and extensive maintenance has been performed periodically to maintain the stations in operation. Various improvements will be implemented, including replacement of pumps, valves, compressors, and motors, electrical improvements, and Supervisory Control and Data Acquisition (SCADA) upgrades. Adoption of the resolution will approve the project, designate the WRC as County Agency for the Project in accordance with Act 342, Public Acts of Michigan, 1939, as amended, and authorize execution of the contract. At the Village’s request, the project will be executed in one or more phases and will be financed by the Village by way of cash payments made to the County in connection with each project phase. The first phase of the project includes rehabilitation of four sanitary pump stations and the installation of new low-pressure force main by horizontal directional drilling methods across the lake at two locations. Requested Action: Adopt the resolution as presented approving the Lake Orion 2024 Pump Stations Improvements Project and authorizing execution of Oakland County Village of Lake Orion 2024 Sanitary Sewer System Improvements Contract Presenters: Jen Cook cookjm@oakgov.com 947-955-6560 Eric McGlothlin EMcGlothlin@dickinson-wright.com 248-433-7566 4862-1286-8028 v1 [9007-451] VILLAGE OF LAKE ORION COUNTY OF OAKLAND STATE OF MICHIGAN 2024-024 A RESOLUTION APPROVING THE 2024 SANITARY SEWER SYSTEM IMPROVEMENTS CONTRACT BETWEEN THE COUNTY OF OAKLAND AND VILLAGE OF LAKE ORION; PROVIDING FOR THE PAYMENT OF THE COST THEREOF; APPROVING THE PRELIMINARY PLANS AND COST ESTIMATES FOR THE PROJECT; AND AUTHORIZING THE VILLAGE MANAGER AND VILLAGE CLERK TO EXECUTE THE CONTRACT At a regular meeting of the Village Council of the Village of Lake Orion, Oakland County, Michigan (the “Village Council”), held on May 28, 2024. PRESENT: President Jerry Narsh, President Pro Tem Teresa Rutt, Council member Carl Cyrowski, Council member Kenneth Van Portfliet, Council member Stan Ford, Council member Michael Lamb. ABSENT: Council member Nancy Moshier The Clerk presented to the Village Council a form of contract between the County of Oakland (the “County”) and the Village of Lake Orion (the “Village”) relative to the acquisition, construction and financing of additions and improvements to the Village of Lake Orion Sewer System (the “Project”), and the plans and estimates of the cost and period of usefulness thereof. The following resolution was offered by Council member Van Portfliet and seconded by President Narsh: BE IT RESOLVED by the Village Council of the Village of Lake Orion, Oakland County, Michigan, that: 1. The Village Council hereby approves the contract between the County and the Village relating to the Project (the “Contract”) and providing for the payment of the cost thereof 4862-1286-8028 v1 [9007-451] -2- by the Village to the County in cash from available funds and other matters relating to the Project, all under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended. 2. The Village Council hereby approves the preliminary plans for the Project, and the estimates of the cost and period of usefulness thereof, as contained in Exhibits A and B to the Contract. 3. The Village Manager and the Village Clerk are authorized and directed to execute and deliver the Contract for and on behalf of the Village in such number of counterparts as may be desirable. 4. A copy of the Contract as presented to the Village Council and herein approved and authorized to be executed and delivered shall be attached to the minutes of this meeting and made a part thereof and shall be placed on file with the Village Clerk and made available for examination by any interested person during normal business hours. RESOLUTION DECLARED ADOPTED. YEAS: Narsh, Rutt, Cyrowski, Van Portfliet, Ford, Lamb NAYS: None ABSTENTIONS: Moshier 4862-1286-8028 v1 [9007-451] -3- STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) I, the undersigned Village Clerk of the Village of Lake Orion, Oakland County, Michigan, hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Village Council at a regular meeting duly called and held on May 28, 2024, the original of which resolution is on file in my office. Sonja Stout, Village Clerk