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HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37815 COUNTY MICHIGAN BOARD OF COMMISSIONERS June23,2022 MISCELLANEOUS RESOLUTION #22-238 Sponsored By:Penny Luebs,Yolanda Smith Charles - Board of Commissioners-Resolution Appropriating American Rescue Plan Act —Local Fiscal Recovery Fundsto Create the Oakland County Schools Mental Health Grant Program to Address Students’ Mental Health Needs in Oakland County Public Schools.| Chairperson and Membersofthe Board: WHEREASthe United States Treasury allocated Oakland County $244,270,949 of Local Fiscal Recovery Funds (LFRF)established under the American:eens Plan Act (ARPA)of 2021;and WHEREAS underthe initial guidance ofthe Interim Final Rule,the County may use these funds at theirdiscretiontosupporteligibleinvestmentsinpublichealthexpenditures,address negative economic impactscausedbythepublichealthemergency;replace lost public sector revenue;provide premiumpay foressentialworkers;and invest in water,sewer,and broadband.infrastructure;and WHEREAS every child will experience somesort of‘difficulty in their life—trom extreme trauma,such asviolenteventsonshalgrounds,to unavoidable felons,such as losing a loved one;and WHEREAS while schools workhard to minimize exposure to severe adversetrauma,avoiding all of life’schallengesisimpossible;and WHEREASby promoting social and emotional programs,educators can help students develop the skills theyneedtocopewithlife’s challenges;and WHEREAS whilesocial and emotional programsas help students.developskills that last a lifetime,the positiveimpactsofqualitysocialandemotionalprogramisintheshorttermare-developmentof social and emotionalskills;gains in academic achievement;meaningful connections with educators and peers;improved attitudestowardself,schoo!and others;positive social behavior;and jewel behaviorincidents;and WHEREAS by recognizing that each school districtis unique in its needs,funding sources,student population,and staff,each school district will be able to createa social and emotional program suited to fulfill their needs;and WHEREAS each public school district in Oakland County will be invited to submit a proposal for grantfundingtoaddressstudents’mental health needs;‘and WHEREAS this funding may also be used to pay for existing programsand/orservices which the schooldistricthasalreadyappliedfororiscurrentlyTULand WHEREAS the Oakland County Schools Mental Health Grant Program will provide grants to Oakland Countypublicschooldistrictstofundeffortsthataddressthementalsedineedsofstudentsacrossthecountyincluding,but notlimited to: i.Additional mental health professionals in sehen. ii.Training to increase the capacity of faculty-and administrators to identify students in need of mentalhealthinterventionservices,, ili,Programming to improvethe social and emotional needs of students,iv.Increase the capacity to do school-based mental health screenings and/or assessments of students;and WHEREAS the Oakland County Schools Mental Health Grant Programprovides each Oakland County schooldistrictabasegrantupto$175,000,And an additional grant funding up to $175,000 if matched with equalfunds, NOW THEREFORE BE IT RESOLVEDthat the Oakland County Board of Commissioners authorizes anappropriationintheamountofupto$10,150,000 in American Rescue Plan Act -Local Fiscal Recovery FundstocreatetheOaklandCountySchoolMentalHealthGrantatProgramtoaddressstudents’mental health needs inOaklandCountypublicschools. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the creation of the OaklandCountySchoolMentalHealthGrantProgramOversightAdHocCommitteeconsistingof: (2)Two Oakland County Commissioners from the majority party;and theiralternate,(1)One Oakland County Commissionerfrom the minority party;and their alternate,(2)Two Representatives appointedby the Oakland County Executive;and their alternate. BE IT FURTHER RESOLVED that the Oakland C ounty7 School Mental Health Grant Program Oversight AdHocConunitteeshalldevelopthegrantapplication,determine application due date,review incoming grantapplications,evaluate and recommendapplications for approval to the Board of Commissioners, BE IT FURTHER RESOLVED thatgrantees must spend funds within three years of the acceptanceofprogramfunding, BE IT FURTHER RESOLVED thatgrantees shall submit afinal report by August 30,2025detailingexpendituresandsuccessmetricstotheBoardofCommissioners. BE IT FURTHER RESOLVED that approval of appropriations of American Rescue Plan Act —Local FiscalRecoveryFundsforprogramsandservicesbyOaklandCountyshallnotobligateacommitmentoftheGeneralFundunlessauthorizedbyactionoftheBoardofConimissioners. BE IT FURTHER RESOLVED thatthe Oakland County Clerk/Register of Deeds is requested to forwardcopiesofthisadoptedresolutiontopublicschooldistrictsiinaklondCounty. BE IT FURTHER RESOLVED thatthe FY 2022 budget shall be amended as reflected in the attachedScheduleA—-Budget Amendment. Chairperson,the following Commissioners are sponsoring the foregoing Resolution:Penny Luebs,YolandaSmithCharles, Date:June 27,2022 David Woodward,Commissioner(i Date:June 29,2022 David Coulter,Oakland County Executive Date:June 30,2022 Lisa Brown,County Clerk /—of Deeds COMMITTEE TRACKING 2022-06-14 Public Health &Safety -recommend and forward to Finance 2022-06-15 Finance -recommend to Board 2022-06-23 Full Board VOTE TRACKING Motioned by Commissioner Charles Cavell seconded by Clomasiasionen Michael Gingell to adopt theattached Resolution:Appropriating American Rescue Plan Act —Local Fiscal Recovery Funds to Create the Oakland County Schools Mental Health Grant Program to Address Students’Mental Health Needs in Oakland County Public Schools. Yes:David Woodward,Michael Gingell,Karén Joliat,Kristen Nelson,Eileen Kowall,Angela Powell, Thomas Kuhn,Chuck Moss,Marcia Gershenson,William Miller III,Yolanda Smith Charles,Charles Cavell,Penny Luebs,Janet Jackson,Gary McGillivray,Robert Hoffinan,Adam Kochenderfer(17) No:Christine Long,Philip Weipert (2) Abstain:None (0) Absent:(0) Passed ATTACHMENTS L.BOC-Create OC Schools Mental Health Grant Program.Sched A. STATE OF MICHIGAN) COUNTY OF OAKLAND)| I,Lisa Brown,Clerk of the County of Oakland,do hereby certify that the foregoing resolutionis a trueand accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 23,2022,with the original record thereof now remaining in my office.’ In Testimony Whereof,I have hereunto set my hand and affixed the seal ofthe Circuit Court at Pontiac, Michigan on Thursday,June 23,2022. Lisa Brown,Oakland County Clerk /Register ofDeeds QaklandCounty,MichiganResolutionAppropriatingAmericanRescuePlanAct—LocalFiscalRecoveryFundstoCreatetheOaklandCountySchoolsMentalHealthGrantProgramtoAddressStudents’MentalHealthNeedsinOaklandCountyPublicSchools”.Schedule"A"DETAIL |||OperatingFund|Budgetrome|| |FY2022FY2023FY2024REFundNameDivisionNameFund#Division#Program#|Account#}Unit(OU)AffiliateUnitProject#Activity|Analysis)AccountTitleAmenditAmendment|AmendmentR_ARPLocalFiscalRecoveryFundNonDepartmentalFND21285CCNS010101PRG133095RC6103132022GRANTGRN-1003874=6GLBGLBFederalOperatingGrants$10,150,000$-|$~TotalRevenue$10,750,000|S$~[3=.—ARPLocalFiscalRecoveryFundBoardofCommissionersFND21285CCN5010101PRG133095SC7315982022GRANTGRN-1003874GLBGLBRegrantingProgram$10,150,000§-|$=TotalExpenditures$10,150,000$-3$7 AGREEMENT FOR LOCAL FISCAL RECOVERYFUND DISTRIBUTION BETWEEN OAKLAND.COUNTY AND AVONDALE 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 Avondale School District ("Public Body")2940 Waukegan St.,Auburn Hills,MI 48326.County and Public Body may be teferred to individually asa “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 Countydistributing 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,whetherdirect,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. cm County means Oakland County,a Municipal and Constitutional Corporation, including,but not limited to,all of its departments,divisions,the County Board of Page 1 of 12 . d. e. Commissioners,elected and appointed officials,directors,board members, council members,commissioners,authorities,committees,employees,agents, volunteers,and/or any such persons’successors. Day means any calendar day beginning at 12:00 a.m.and ending at 11:59 p.m. Public Body means the Avondale School District including,but not limited to,its council,its Board,its departments,its divisions,elected and appointed officials, directors,board members,council members,commissioners,authorities,committees, employees,agents,subcontractors,atfomoys,volunteers,and/or any such persons’ SUCCESSOTS.: Public Body Employee means any employees,officers,directors,members, managers,trustees,volunteers,attorneys,representatives of Public Body, licensees,concessionaires,contractors,subcontractors,independent contractors, agents,and/or any such persons’successors or predecessors (whether such persons actor acted in their personal,representative or official capacities),and/or any persons acting by,through;under,or in concert with any of the above who use or have access to the funds provided under this Agreement."Public Body Employee"shall also include any person who was a Public Body Employee at any time during the term of this Agreement but,for any reason,is no longer employed, appointed,or elected in that capacity. 2.GRANT.Subject to the terms and conditionofthis Agreement,and in reliance upon the Public Body’s affirmations set forth below,the County agrees to make,and the Public Body agrees to accept,the grant funds. a.th©@OoCountywill distribute $350,000.00 in ‘grant funds to Public Body for the project scope which is attached and incorporated into this Agreement as Exhibit A and Exhibit B. PUBLIC BODY UNIQUE ENTITY IDENTIFIER (OR DUNS NUMBER): 074220088 FEDERAL AWARD IDENTIFICATION NUMBER (FAIN):SLFRP2640 CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA)NUMBER:21.027 FEDERAL AWARD DATE:May.28,2021 SUBAWARD PERIOD OF PERFORMANCE START AND END DATE:The start date is the date this interlocal is.executed.and the end date is the end of the school year of 2024. AWARD IS NOT FOR RESEARCH &DEVELOPMENT (R&D):Funds cannot be used for research and development related expenditures. INDIRECT COST RATE FOR FEDERAL AWARD:Indirect costs are not eligible for this Agreement. CONTACT PERSON FOR COUNTY/PASS THROUGH ENTITY:Marcus Pearson. DEFINED USE OF FUNDS:All grant funds must be expended in accordancewith this Agreement and the guidelines for ARPA funds. 3.PUBLIC BODY’S RESPONSIBILITIES. Page 2 of 12 Public Body’s grant match requirements,if any,are detailed in Exhibit B attached hereto and incorporated as part of this Agreement.. Public Body shall submit to Oakland County quarterly reporting on the grant funds including: 1.Project progress report including completion of deliverables included in project scope; 2.Accounting of expenses incurred andgrant funds expended;and 3.Any other relevant information or records,to be determined by County. Public Body shall submit to Oakland Countya final report by the end of the Agreement or within 30 days after final Project completion,whichever date is sooner,on the grant funds including: 1.Project completion report; 2.Full accounting of its expenditure of grant funds; 3.Certification of its use of grant funds andfulfillment of the terms of the Agreement; and 4.Any other relevant information or records,to be determined by County. Public Body shall respond to and be responsible for Freedom of Information Act requests relating.to Public Body’s records,data,or other information. Public Body must comply with any other reporting requirements as may be necessary for accepting the grant funding provided for in this Agreement. 4.COUNTY’S RESPONSIBILITIES. a.County shall designate in writing a department,-individual,or other entity to oversee the reporting requirements set forth in Section 3 above to ensure timely reporting,accurate accounting,and verification of final certifi cation. 5.PUBLIC BODY AFFIRMATIONS. a.Public Body affirms that any and all representations made to County in connection with its application and this grant were accurate,truthful and complete and remain so.Public Body acknowledges that all representations and information provided have been relied on by the County to provide funding under this Agreement.Public Body shall promptly notify County,in writing,of the occurrence of any event or any material change in circumstances which would make any Public Body representation or information untrue or incorrect or otherwise impair Public Body’s'ability to fulfill its obligations under this Agreement. Public Body will comply with any federal,.state,or local public health orders or mitigation recommendations regarding the COVID-19 pandemic which are in effect as of the date this Agreement is signed by both Parties.. Public Body may not use grant funds for expenses for which the Public Body has received any other federal funds or emergency COVID-19 supplemental funding,whether it be state,federal,or private in nature,for the same expense.No portion of grant funds may be used for the purpose of obtaining additional Federal funds under any other law of the Page 3 of 12 United States,except if authorized by law.Public Body shall promptly notify Countyif it receives insurance proceeds or other disaster assistance (public or private)that duplicates the funding received under this Agreement.Grant funds may not be used to cover expenses that were reimbursed by insurance. d.Public Body shall not carry out any activities under this Agreement that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T.Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5155)and in accordance with Section 1210 of the Disaster Recovery Reform Actof 2018 (division D of Public Law 115— 254;132 Stat.3442),which aménded Section 312 of the Robert T.Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5155).If the Public Body receives duplicate benefits from another source for projects related to this disaster,the Public Body must refund the benefits provided by the County to the County.Duplication of benefits occurs when Federal financial assistance is provided to a person or entity through a program to address losses resulting from a Federally-declared emergency or disaster,and the person or entity has received (or would receive,by acting reasonably to obtain available assistance)financial assistance for the same costs from any other source (including insurance),and the total amount received exceeds the total need for those costs. e.Public Body shall use all grant funds it receives under this Agreement by the end of the school year of 2024.Any grant funds notused by that date must be returned to County. f.Public Body understands that the grant funds it receives under this Agreement are a subaward of County’s LFRF funds,and that County is required to manage and monitor any subrecipient of LFRF funds.Therefore,Public Body agrees to comply with any subrecipient monitoring requirements established by County or by Federal law. 6.REPAYMENT REMEDIES.Public Body is subject to repayment to the County of an amount equal to the grant funds received by Public Body in the event Public Body has made material misrepresentations to the County in its application,voluntary bankruptcy or insolvency proceeding are commenced against the Public Body and not set aside within sixty (60)days, or the Public Body fails to otherwise comply with the requirements of this Agreement.In the event County later determines the information Public Body provided in conjunction with this Agreement,or that Public Body was ineligible for the grant funds,or that Public Body’s use of the grant funds following receipt was contrary to-this Agreement,Public Body agrees to repay the grant funds to Countyin full.County further retains all rights and remedies allowed in law or equity,including seeking payment of its reasonable costs and expenses incurred enforcing its rights and remedies. 7.TAX LIABILITY.County and Public Body agree ‘that to the extent that any part of the aforementioned funds are deemed to be taxable,that Public Body agrees to be fully responsible for the payment of any taxes,including withholding payments,social security,or other funds which are required to be withheld.‘Public Body agrees to provide County with all information and cooperation necessary to execute a completed 1099-G form;which County will file with the United States Internal Revenue Service.Public Body acknowledges that Public Body will consult with a tax professional regarding the tax implications,if any,of the grant funds,and/or hereby waives the optionto do so.Public Body further agrees to indemnify Page 4 of 12 and hold County harmless for the payment of any.tax or withholding payments,including any penalty assessed it may owe under this Ag reement. .CONFLICT OF INTEREST.Pursuant to Public Act 317 and 318 of 1968,as amended (MCL 15.301,et seg.and MCL 15.321,et seq.),to avoid any real or perceived conflict of interest, Public Body shall disclose to County the identity of all Public Body Employees and all relatives of Public Body Employees who:a)are employed by the County or are elected or appointed officials of the County,on the date this Agreement is executed;and b)becomes employed or appointed by the County or becomes an elected official of County during the term of the Agreement.“ .ACCESS TO RECORDS AND AUDIT.| ~Payments from ARPA funds are subject to 2 C.F.R. 200.303 regarding internal controls,2 C.F.R.200.331-333 regarding subrecipient monitoring and management,and 2 C.F.R.Part 200 Subpart F regarding audit requirements.Where applicable,these requirements are considered legally binding and enforceable under this Agreement.Oakland County reserves the right to use any legal remedy at its disposal including,but not limited.to,disallowance of costs,withholding of funds or recoupment as may be necessary to satisfy requirements.Subawards or subcontracts,if any,shall contain a provision making them subjectto all of the provisions in this Agreement. Public Body shall maintain all records pertinent to the Agreement and any amendments, including backup copies,for a period offive (5)years.The records shall be kept in accordance with generally accepted accounting practices,utilize adequate internal controls and shall maintain necessary documentation for-all costs incurred, including documentation and an inventory of all equipment purchased with grant funds.These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework”,issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). In addition to County,the U.S.Department of Treasury,or their authorized representatives, shall be provided theright to audit all records pertaining to the expenditure and use of grant funds.All records with respect to any matters covered by this Agreement shall be made available to County,the Federal awarding agency,and the Comptroller General of the United States or any of their authorized representatives,at any time during normal business hours, as often as deemed necessary,to audit;examine,and make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be fully cleared by Public Body within 30 days after receipt by the Public Body.Failure of Public Body to comply with the audit requirements will constitute a violation of this Agreement. Fund payments are considered “other federal financial assistance”under Title 2 C.F.R.200 —Uniform Administrative Requirements,Cost Principals,and Audit Requirements for Federal Awards (“Uniform Guidance”)and are subject.to the Single Audit Act Amendments of 1996 (31 U.S.C.7501-7507 or program specific audit pursuant to 2 C.F.R.200.501 (a)when Public Body spends $750,000 or more in federal awards during their fiscal year. Fund payments are subject to 2 C.F.R.200.303 regarding internal controls.Subrecipient must establish and maintain effective internal control ‘over the Federal award that provides reasonable assurance that the Subrecipient is managing the award in compliance with Federal statutes,regulations,and the terms and conditions of the award. Page 5 of 12 | Fund payments are subject to 2 C.F.R.200.330 through 200.332 regarding Public Body monitoring and management.Fund payments are subject to Subpart F regarding audit requirements.Failure of Public Body to comply with the audit requirements will constitute a violation of this Agreement.Public Body may:be required to submit a copy of that audit to the County in accordance with the Uniform Guidance.- 10.COMPLIANCE WITH LAWS.Public Body shall comply with all federal,state,and local laws, statutes,ordinances,regulations,and all requirements applicable to its activities under the Agreement and grant.This includes the following:' a.Public Body must comply with 2 C.F.R.200.303(e)and take reasonable measures to safeguard protected personally identifiable information,as defined in 2 C.F.R.200.82, and other information County designates as sensitive or the Public Body considers sensitive consistent with applicable Federal,state,and local laws regarding privacy and obligations of confidentiality. Public Body must comply with 2 C.F.R.200.322 if it is passing through grant funds/issuing subawards to other entities. Public Body must comply with 31 U.S.C.Chapter 38,Administrative Remedies for False Claims and Statements.Public Body will not pass-through grant funds to an entity listed in the SAM Exclusions.SAM Exclusionsis the list maintained by the General Services Administration that contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at Www.sam.gov. Public Body mustregister at sam.gov. Public Body must comply with..Title VI of the Civil Rights Act of 1964,and any implementing regulations,which prohibits entities receiving Federal financial assistance from excluding from a program or activity,denying benefits or services,or otherwise discriminating against a person on the basis of race,color,national origin (including limited English proficiency),disability;age,or sex (including sexual orientation and gender identity).All applicable U.S.Department of Treasury Title VI regulations are incorporated into this Agreement and.made a part of this Agreement. 11.DURATION OF INTERLOCAL AGREEMENT. a.This Agreement shall be effective whén executed by both Parties with resolutions passed by the governing bodies of each Party.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. This Agreement shall remain in effect until the end of the school year 2024,or until cancelled or terminated by any of the Parties pursuant to the terms of the Agreement.Public Body shall comply with the record keeping,reporting,audit response,and fund return requirements of this Agreement after the termination of this Agreement.| 12.ASSURANCES. Page 6 of 12 Responsibility 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. Responsibility for Attorney Fees and.Costs.Except as provided for in Sections 7 and 14,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 representation,including judgments andattorney fees. 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. Costs,Fines,and Fees for Koncompllanes:Public Body shall be solely responsible for all costs,fines and fees associated with any misuse of the the grant funds and/or for noncompliance waththis Agreement by Pubic Body Employees.; Reservation of Rights.This Agreement does not,and is not intended to,impair, divest,delegate or contravene any constitutional,statutory,and/or other legal right, privilege,power,obligation,duty,or immunity of the Parties.Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party., 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 Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 13.TERMINATION OR CANCELLATION OF AGREEMENT. a.County may terminate or cancel this Agreement at any time if it determines that Public Body has expended the grant funds in violation of ARPA requirements or this Agreement.If County terminates or cancels this Agreement,Public Body shall be liable to repay County the amount of money expended in violation of ARPA requirements or this Agreement.County may utilize the provisions in Section 14 to recoup the amount of money owed to County by Public Body. Public Body may terminate or cancel this Agreement at any time.If Public Body terminates or cancels this Agreement;it shall immediately return to County any and all grant funds it has already received. If either Party terminates or cancels this Agreement they shall provide written notice to the other Party in the manner described in Séction 21. 14.SETOFF OR RETENTION OF FUNDS : a.In any case where Public Body is required to return an amount of money to County under this Agreement,Public Body agrees that unless expressly prohibited by law, County or the Oakland County Treasurer,at their sole option,shall be entitled to set off from any other Public Body funds that are in:County's possession for any reason, including but not limited to,the Oakland:County Delinquent Tax Revolving Fund ("DTREF"),if applicable.Any setoff or retention of funds by County shall be deemed a Page 7 of 12 voluntary assignment of the amount by Public Body to County.Public Body waives any Claims against County or its Officials for any acts related specifically to County's offsetting or retaining of such amounts.This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by County was actually due and owing under this Agreement. b.Nothing in this Section shall operate to.limit County’s right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to Countyunder this Agreement.The remedies in this Section-shall be available to County on an ongoing and successive basis if Public Body becomes delinquent in its payment.Notwithstanding any other term and condition in this Agreement,if County pursues any legal action in any court to secure its payment under this Agreement,Public Body agrees to pay all costs and expenses, including attorney fees and court costs,incurred by:Countyiin the collection of any amount owed by Public Body. 15.DELEGATION OR ASSIGNMENT.Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 16.NO THIRD-PARTY BENEFICIARIES.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. 17.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 affectits right to require strict performanceof this Agreement. 18.SEVERABILITY.If a court of competent jurisdiction finds a term or condition ofthis 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. 19.PRECEDENCE OF DOCUMENTS.In the event of aconflict 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 anyy allegedly conflicting terms and conditions. 20.CAPTIONS.The section and subsection numbers,captions,nd any index to such sections and subsections contained inthis Agreement are intended for the convenience of the reader and arenot 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. 21.NOTICES.Notices given under this Agreement stall be in wwiittne and shall be personally delivered,sent by express delivery service,certified mail,or first class U.S.mail postage ‘Page 8 of 12 - 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 daysafter mailing first class or certified U.S.mail. a.If Notice 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, 48341. b.If Notice is sent to Public Body,it shall be addressed to:Superintendent James Schwarz,2940 Waukegan St.,Auburn Hills,MI 48326 (James.Schwarz@avondaleschools.org). 22.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE.This Agreement shall be governed,interpreted,and enforced by the laws ‘of the State of Michigan.Except as otherwise 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. 23.SURVIVAL OF TERMS.The Parties understand and agree that all terms and conditions of this Agreement that require continued performance,compliance,or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 24.ENTIRE AGREEMENT. a.This Agreement represents the entire agreement and understanding between the Parties regarding the grant funds,and'supersedes all other oral or written agreements between the Parties. b.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,James Schwarz,Superintendent,hereby acknowledges that he/she has been authorized by a resolution of the Avondale.School District,a certified copy of which is attached,to execute this Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms and conditions of this Agreement. Los V.Schwarz me EXECUTED: Jamesv.Schwarz (Dec 12,2022 14:58 EST)/.;DATE:Dec 12,2022 witnesseo:Yan Trudel Dec.12,2022DATE: ‘Page 9 of 12 . 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 Commissionersto executethis Agreement on behalf of Oakland County,and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. CEILS ie st DATE: Dect, 2022EXECUTED:DavidT.Woodward(Dec 14,2022 20:02 EST) David Woodward,Chairpérson Oakland County Board of Commissioners WITN ESSED:JoANn Stringfellow (Dec 14,2022 20:20 EST)DATE:Dec 14,2022 Oakland County Board of Commissioners County of Oakland . Page 10 of 12 EXHIBITA SCOPE OF CONTRACTOR DELIVERABLES/FINANCIAL OBLIGATIONS Statement of Work .Grant Overview The Oakland County Board of Commissioners (BOC)created the Oakland County Schools Mental Health Grant Program to address students’mental health needs in Oakland County Public School Districts (PSD)and Public-School Academies (PSA).The grant funds support efforts to address the mental health needs of students. :Deliverables and Outcome Measures The PSD or PSAshall be responsible for providing the following in accordancewith this Interlocal and Exhibit B: Successful hiring of new mental health professionals. Providing supplemental funding for existing or recently hired mental health professionals. Providing training opportunities for faculty and ddminisinaters to identify students in need of mental health services. Increasing the capacity to do school-based mental health screenings and/or assessments of students.ty Creating/implementing new programing to improve social emotional needs of students. Providing supplemental funding for existing programing to improve social emotional needs of students. .Reporting PSDs and PSAs agree to submit to the Oakland County Board of Commissioners,a quarterly report on the status of the grantproject(s)which will include,but not be limited to,providing data and metrics on the following where applicable: Number of students served . Number of hired mental health professionals Number of current mental health professionals funded by this grant Number of faculty and administrators trained . Students’population demographic breakdown Participant success stories Budget updates Page 11 of 12 - EXHIBITB . Category County :School Subtotal _Funds.Match Additional Psychologist,Nurse,and’|$157,000 $157,000 Social Worker Restorative practice training $40,000 $40,000 Mental Health Screener $60,000 $60,000 Capturing Kids Heats Program $53,000.$175,000 $228,000 Training (training for middle school staff and all district administrators) Applied Behavior Analysis Training -$40,000 -$40,000 TOTAL FUNDING $525,000 Page 12 of 12 © OAKLAND COUNTY CLERK/REGISTER OF DEEDS WWW.OAKGOV.COM/CLERKROD ELECTIONS DIVISION LISA BROWN :JOSEPH J.ROZELL,CERA COUNTY CLERK/REGISTER OF DEEDS oo .DIRECTOR OF ELECTIONS December 28,2022 Michigan Department of State Office of the Great Seal Richard H.Austin Building,1st Floor 430 W.Allegan Lansing,MI 48918 Dear Office of the Great Seal: On June 23,2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22238 —Board ofCommissioners—Resolution Appropriating American Rescue Plan ‘Act —Local Fiscal Recovery Funds to Create theOaklandCountySchoolsMentalHealthGrantProgramtoAddressStudents’Mental Health Needs in Oakland CountyPublicSchools.os As required by Urban Cooperation Act 7 of 1967 -MCL 124.510(4),a copy of the signed agreement with the County ofOaklandand12"District Court Oakland,Avondale School District and the authorizing Board of Commissioners Resolutionareenclosedforfilingbyyouroffice. Send confirmation of receipt of this agreementto: Mr.Joseph Rozell,Director of Elections Oakland County Clerk/Register of Deeds County Service Center,Building #14 East 1200 N.Telegraph Rd. Pontiac,MI 48341 Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248)858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLANDohBFR Joseph J.Rozell,CERA_‘ Director of Elections Ce:Donna Dyer,Corporation Counsel,Oakland County Erika Munoz-Flores,Corporation Counsel,Oakland County Barbara Winter,Oakland County Board of Commissioners . Dan Trudel,Assistant Superintendent for Financial Services — Enclosures ADMINISTRATIVE OFFICE ELECTIONS DIVISION LEGAL &VITAL,RECORDS REGISTER OF DEEDS 1200 N.TELEGRAPH Rb.,DEPT.415 1200 N.TELEGRAPH Rp.,DEPT.417 1200 N.TELEGRAPH Rb.,DEPT.413 1200 N.TELEGRAPH RD.,DEPT.480 PONTIAC,MICHIGAN 48341-0415 PONTIAC,MICHIGAN 48341-0417 .-PONTIAG,MICHIGAN 48341-0413 PONTIAC,MICHIGAN 48341-0480 (248)858-0561 (248)858-0564 :(248)858-0581 (248)858-0605 CLERK@OAKGOV.COM ELECTIONS@OAKGOV.COM .CLERKLEGAL@OoAKGOV.COM DEEDS@OAKGOV.COM ot