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HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37816�sB MOAKUNDFt'? COUNTY MICHIGAN BOARD OF COMMISSIONERS June 23, 2022 MISCELLANEOUS RESOLUTION #22 238 Sponsored By: Penny Luebs, Yolanda Smith Charles Board of Commissioners - Resolution Appropriating American Rescue Plan Act — Local Fiscal Recovery Funds to Create the Oakland Count}, Schools Mental Health Grant Program to Address Students' Mental Health Needs in Oakland County Public Schools Chairperson and Members of the Board: WHEREAS the United States Treasury allocated Oakland County $244,270,949 of Local Fiscal Recovery Funds (LFRF) established under the American Rescue Plan Act (ARPA) of 2021; and WHEREAS under the initial guidance of the Interior Final Rule; the County may use these funds at thew discretion to support eligible investments in public health expenditures, address negative economic impacts caused by the public health emergency; replace lost public sector revenue; provide premium pay for essential workers; and invest in water, sewer, and broadband infrastructure; and WHEREAS every child will experience some sort of difficulty in their life —from extreme trauma, such as violent events on school grounds, to unavoidable incidents, such as losing a loved one; and WHEREAS while schools work hard to minimize exposure to severe adverse trauma, avoiding all of life's challenges is impossible; and WHEREAS by promoting social and emotional programs, educators can help students develop the skills they need to cope with life's challenges; and WHEREAS while social and emotional programs help students develop skills that last a lifetime, the positive impacts of quality social and emotional programs in the short term are - development of social and emotional skills; gains in academic achievement; meaningful connections with educators and peers; improved attitudes toward self, school and others; positive social behavior;, and fewer behavior incidents; and WHEREAS by recognizing that each school district is unique in its needs, funding sources, student population, and staff, each school district will be able to create a 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 grant funding to address students' mental health needs;'and WHEREAS this funding tray also be used to pay for existing programs and/or services which tho school district has already applied for or is currently receiving; and WHEREAS the Oakland County Schools Mental Health Grant Program will provide grants to Oakland County public school districts to frond efforts that address the mental health needs of shrdents across the county including, but not limited to: i. Additional mental health professionals in schools, it. Training to increase the capacity of faculty and administrators to identify students in need of mental health intervention services. in. Programming to improve the social and emotional needs of students, iv. Increase the capacity to do school -based mental health sercenings and/or assessments of students; and WHEREAS the Oakland County Schools Mental Health Grant Program provides each Oakland County school district a base grant up to $175,000. And an additional grant funding up to $175,000 if matched with equal fluids. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Comirrissioners authorizes an appropriation in the amount of up to S 10,150,000 in American Rescue Plan Act - Local Fiscal Recovery Funds to create the Oakland County School Mental Health Grant Program to address students' mental health needs ill Oakland County public schools. BE IT FURTHER RESOLVED that the Board of Commissioners authorises the creation of the Oakland County School Mental Health Grant Program Oversight Ad Hoc Committee consisting of: (2) Two Oakland County Commissioners front the majority party; and their alternate, (1) One Oakland County Commissioner from the niinorityparty; and thew alternate, (2) Two Representatives appointed by the Oakland County Executive; and their alternate. BE IT FURTHER RESOLVED that the Oakland County School Mental Health Grant Program Oversight Ad Hoc Committee shalt develop the grant application, detemtine application due date, review intoning grant applications. evaluate and recomtnend applications for approval to the Board of Commissioners. BE IT FURTHER RESOLVED that grantees must spend funds within three years of the acceptance of program funding. BE IT FURTHER RESOLVED that grantees shall submit a final report by August 30, 2025 detailing expenditures and success metrics to the Board of Commissioners. BE IT FURTHER RESOLVED that approval of appropriations of American Rescue Plan Act — Local Fiscal Recovery Funds for programs and seririces by Oakland County shall not obligate a commitment of the General Fund unless authorized by action of the Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to public school districts in Oakland County. BE IT FURTHER RESOLVED that the FY 2022 budget shall be amended as reflected in the attached Schedule A — Budget Amendment. ' Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs, Yolanda Smith Charles, "id Date: June 27, 2022 David Woodward, Commissioner Date: June 29, 2022 David Coulter, Oakland County Executive - Date: June 30, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-06-14 Public Health R 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 Commissioner Michael Gingell to adopt the attached Resolution: Appropriating American Rescue Plan Act -- Local Fiscal Recovery Funds to Create the Oakland Count}, Schools Mental Health Grant Program to Address Students' Mental Health Needs in Oakland County Public Schools. Yes: David Woodward, Michael Gingell, Karen 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 Hoffman, Adam Kochenderfer (17) No: Christine Long, Philip Weipert (2) Abstain: None (0) Absent: (0) Passed ATTACHMENTS BOC -Create OC Schools Mental Health Grant Program Sclied A STATE OF IvUCHIGAN) 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 Conunissioners 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 of the Circuit Court at Pontiac, Michigan on Thursday, June 23, 2022. Lisa Browii, Oakland CountV Clark / Register q Deeds Lounty to Oaktano ���nt P M"!9'n rod*amt°pddr Pts Studard�"°an+a\NeaW+Needs Gp�iCtY ppcoun t'Pt\e Ah'` g,U ;W,OW - - Meow\�a�GxantP OyNiPd PVaG�a Gronu Feda(a�OP� �q�aP'�e 3\0�50. �C �_ - �,hao\s TR\t' P Qa nd CpuntY 5ch 1ile..P DE a a�8 k1a ed Pr%e Pro G�.S !am ��ndW� St0 r50 co Create ,�a tt Ng�ue�� U�� GFNaW3a�a G� G 0. Regan o9a aryFands OP�n9 P�� 4q �rpa 20=2 6 f\Seat UfK QU s�ae� nR�eP\an P�� 4aCal y Account= G��T � RN 2m F� +022 SRG510'yr3 R Uiv�n# G15� PR �}an PPPr ognebP2PM¢liea Re50\ NaRR W� E �tyo0'�O1C1 �:r1Li2 '31-9R 9jviT�n ��\ Oe9e iP G'��e�� �N 50�0�0 R nd N � Lund M"'a ehW rs sW'P lay rH� y'E [.Fyp tocai\gscz'F°.n+ 80afd 0f Gomd+' R W^d Re,ove,� Pav Fo�gF� AGREEMENT FOR LOCAL FISCAL RECOVERY FUND DISTRIBUTION BETWEEN OAKLAND COUNTY AND OAKLAND FLEXTECH HIGH SCHOOL This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Oakland FlexTech High School ("Public Body") 23801 Industrial Park Dr, Farmington Hills, MI 48335. 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 Page 1 of 12 Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. d. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. e. Public Bodv means Oakland FlexTech High School 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, attorneys, volunteers, and/or any such persons' successors. f. Public Bodv Emolovee 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 act or 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 condition of this 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. County will distribute $20,000.00 in grant funds to Public Body for the project scope which is attached and incorporated into this Agreement as Exhibit A and Exhibit B. b. PUBLIC BODY UNIQUE ENTITY IDENTIFIER (OR DUNS NUMBER): 46-0718686 c. FEDERAL AWARD IDENTIFICATION NUMBER (FAIN): SLFRP2640 d. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 21.027 e. FEDERAL AWARD DATE: May 28, 2021 f. 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. g. AWARD IS NOT FOR RESEARCH & DEVELOPMENT (R&D): Funds cannot be used for research and development related expenditures. h. INDIRECT COST RATE FOR FEDERAL AWARD: Indirect costs are not eligible for this Agreement. i. CONTACT PERSON FOR COUNTY/PASS THROUGH ENTITY: Marcus Pearson. j. DEFINED USE OF FUNDS: All grant funds must be expended in accordance with this Agreement and the guidelines for ARPA funds. 3. PUBLIC BODY'S RESPONSIBILITIES. Page 2 of 12 a. Public Body's grant match requirements, if any, are detailed in Exhibit B attached hereto and incorporated as part of this Agreement. b. 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 and grant funds expended; and 3. Any other relevant information or records, to be determined by County. c. Public Body shall submit to Oakland County a 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 and fulfillment of the terms of the Agreement; and 4. Any other relevant information or records, to be determined by County. d. Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body's records, data, or other information. e. 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 certification. 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. b. 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. c. 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 Page 3 of 12 any other law of the United States, except if authorized by law. Public Body shall promptly notify County if 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 Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442), which amended 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 not used 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 County in 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 option to do so. Public Body further agrees to Page 4 of 12 indemnify and hold County harmless for the payment of any tax or withholding payments, including any penalty assessed it may owe under this Agreement. 8. CONFLICT OF INTEREST. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.301, et seq. 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. 9. 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 subject to 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 of five (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 the right 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 Page 5 of 12 Federal statutes, regulations, and the terms and conditions of the award. 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. b. Public Body must comply with 2 C.F.R. 200.322 if it is passing through grant funds/issuing subawards to other entities. c. 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 Exclusions is 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. d. Public Body must register at sam.gov. e. 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 when 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. b. This Agreement shall remain in effect until the end of the school year of 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. Page 6 of 12 12.ASSURANCES. a. 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. b. Responsibility for Aftornev 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 and attorney fees. C. 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. d. Costs. Fines, and Fees for Noncompliance. 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 with this Agreement by Pubic Body Employees. e. Reservation of Riahts. 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. f. Authorization and Completion of Aareement. 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. b. 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. C. If either Party terminates or cancels this Agreement they shall provide written notice to the other Party in the manner described in Section 21. 14.AMENDMENTS. All amendments, including modifiations or extensions, to this Interlocal must be in writing. Amendments to this Interlocal shall be issued only by the County. The Amendment shall be effective when signed by authorized agents of both Parties. 15.SETOFF OR RETENTION OF FUNDS Page 7 of 12 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 ("DTRF"), if applicable. Any setoff or retention of funds by County shall be deemed a 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 County under 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 County in the collection of any amount owed by Public Body. 16. 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. 17. 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. I & NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 19. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 20. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms and conditions of any of the documents that comprise this Agreement, the terms in the Agreement shall prevail and take precedence over any allegedly conflicting terms and conditions. 21.CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use Page 8 of 12 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. 22. 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: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing first class or certified U.S. mail. 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: Director Dr. Sarah Pazur, 23801 Industrial Park Dr, Farmington Hills, MI 48335. (spazur(c)charterschoolpartners.com) 23.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. 24.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. 25.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, Dr. Sarah Pazur, Director, hereby acknowledges that he/she has been authorized by a resolution of Oakland FlexTech High School, 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. `aw- Dec 14 2022 EXECUTED: sarzhP37W(Dec 142uA39,10EST I DATE: Dr. Sarah Pazur, Director Oakland FlexTech High School Page 9 of 12 WITNESSED: Elaina Holsey DATE: December 14, 202, IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: D�ecjle, 20)a 19:155 EST) David Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: :�..,.r :^s:' .,'N,142',,;,.I,7 Oakland County Board of Commissioners County of Oakland DATE: Dec 14, 2022 DATE: Dec 14, 2022 Page 10 of 12 SCOPE OF CONTRACTOR DELIVERABLES/FINANCIAL OBLIGATIONS Statement of Work 1. 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. 2. Deliverables and Outcome Measures The PSD or PSA shall be responsible for providing the following in accordance with 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 administrators to identify students in need of mental health services. • Increasing the capacity to do school -based mental health screenings and/or assessments of students. • Creating/implementing new programing to improve social emotional needs of students. • Providing supplemental funding for existing programing to improve social emotional needs of students. 3. Reporting PSDs and PSAs agree to submit to the Oakland County Board of Commissioners, a quarterly report on the status of the grant project(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 EXHIBIT B Category Number of Time County staff Duration/ Funds Frequency The $50 x 200 $10,000 Wayfinder students workbooks and online subscription Student 2 years $10,000 Perception Survey (Youth Truth — partial cost of subscription) TOTAL FUNDING School Match Subtotal $10,000 $10,000 $20,000 $30,000 Page 12 of 12 OA,KLWAND CC1U N'ry L.ERK/RE;GiST R OF DEED W WW.OAKG0V.00M/CLERKROD ELECTtONs DivisJ ON LISA BROWN COUNTY CLERK/REGISTER OF DEEDS December 29, 2022 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1s' Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal, JOSEPH J. ROXELL, CERA DIRECTOR OF ELECTIONS On June 23, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22238 — Board of Commissioners — 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. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and Flextech High School, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to. 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 filino ourposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter Sincerely, COUNTY OF OAKLAND (4�" Joseph J. Rozell, CERA Director of Elections CcDonna Dyer, Corporation Counsel, Oakland County Erika Munoz -Flores, Corporation Counsel, Oakland County Barbara Winter, Oakland County Board of Commissioners Dr. Sarah Pazur, Oakland Flextech High School Enclosures ADMINISTRATIVE OFFICE ELECTIONS ENVISION LEGAL &VITAL RECORDS I POO N TELFCR 'PH RD,, DEEPT, 4113 1200 N. TELEGRAPH RD., DEFT, 417 1200 N. TELEGRAPH ED,, DEPT, 4i3 PONTIAC, MICHIGAN 48E41-0415 PONTIFC MICNICIN 4E341 041 7 ACM MC, MICHIGAN 48<)41-0413 (248) 8E58.0561 (248) 858-0564 12481 858-0581 CLERK@OAKGOV.CAM ELECriONS(¢'OA.DQV.QOIA CLERKLEGAL(Q)OAKGOV COM REGISTER OF DEEDS 1200 N. TELFGRAPIA RD,, DEPT 480 FONTIAC, MVCHIGAN 48341g480 (248) 858-0005 DEEOS(Li OAKGOV. AM