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HomeMy WebLinkAboutReports - 2023.10.17 - 40635 AGENDA ITEM: Agreement with Oakland County Youth Coordinating Council DEPARTMENT: Circuit Court MEETING: Board of Commissioners DATE: Friday, October 27, 2023 7:55 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3374 Motion to authorize the Chair of the Board of Commissioners to execute the attached contract agreement with the Oakland County Youth Assistance Coordinating Council to deliver services to at-risk youth and their families to prevent penetration of the justice system. ITEM CATEGORY SPONSORED BY Contract Penny Luebs INTRODUCTION AND BACKGROUND On August 6, 2021, the Board of Commissioners, via MR #21316, approved a one-time appropriation of American Rescue Plan Act - Local Fiscal Recovery Funds in the amount of $50,000 to Oakland County Youth Assistance Coordinating Council. These funds were made available to Oakland County families for their specific needs. On August 17, 2023, the Board of Commissioners, via MR #2023-3224, appropriated American Rescue Plan Act - Local Fiscal Recovery funds in the amount of $500,000 to the Oakland County Youth Assistance Coordinating Council to address the needs of youth and their families enrolled in the Oakland County Youth Assistance program. 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 Barbara Winter, BOC Analyst Senior ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 10/17/2023 AGENDA DEADLINE: 10/27/2023 7:55 PM ATTACHMENTS 1. ARPA Grant Agreement with OCYACC COMMITTEE TRACKING 2023-10-10 Public Health & Safety - Recommend to Board 2023-10-17 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, 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 (15) No: None (0) Abstain: None (0) Absent: Gary McGillivray, Penny Luebs, Michael Gingell, Janet Jackson (4) Passed Page 1 of 5 OAKLAND COUNTY EXECUTIVE, DAVID COULTER OAKLAND COUNTY AMERICAN RESCUE PLAN ACT (ARPA) GRANT AGREEMENT THIS GRANT AGREEMENT (this “Agreement”), effective as of the date it has been signed by both Parties as indicated on the first page of this Agreement (“Effective Date”), is between Oakland County (the “Grantor”), whose address is 2100 Pontiac Lake Road, Bldg. 41W, Waterford, Michigan 48328, and the Grantee Name identified below (the “Grantee”). As used in this Agreement, the Grantor and the Grantee are, individually, a “Party” and, collectively, the “Parties”. Grantee Name: Oakland County Youth Assistance Coordinating Council Grantee Address: 1200 N. Telegraph, Dept. 452, Pontiac, MI, 48341-0452 Grant Amount: $550,000.00 The undersigned agree to the Agreement terms specified in Sections 1 through 14 herein and affirm that they have the authority to sign on behalf of their respective Parties. GRANTOR: COUNTY OF OAKLAND By: _________________________________ David T. Woodward Chairman, Board of Commissioners GRANTEE: OAKLAND COUNTY YOUTH ASSISTANCE COORDINATING COUNCIL By: ______________________________ Grant Smith Chairperson of the OCYACC Oakland County Internal Processing Information: Fund: FND21285 Dept: CCN9010101 Payment approved by: Kymberly Coy Program: PRG133095 Account: SC731458 Budget reference:By: __________________________ PCBU:Liz Csizmadia/Oakland County Project ID: GRN-1003509 Activity ID: N/A (A fully executed PDF copy of this Agreement will be emailed to you via EchoSign for your records.) Page 2 of 7 OAKLAND COUNTY EXECUTIVE, DAVID COULTER RECITALS A. 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. B. The United States Department of Treasury has issued a final rule, and other guidance for qualified uses of LFRF. Those qualified uses include responding to the COVID-19 public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. C. Oakland County has determined that this grant program is a qualified use of LFRF funds pursuant to the final rule and other applicable Department of Treasury guidance. On August 5, 2021 and August 7, 2023, the Oakland County Board of Commissioners appropriated up to $550,000.00 in LFRF funds (the “Funds”) to Oakland County Youth Assistance Coordinating Council (“OCYACC”) (see resolutions MR #21136 and MR #2023-3224). The Parties agree: 1.Grant. Subject to the terms and conditions of this Agreement, and in reliance upon the Grantee affirmations set forth below, the Grantor agrees to make, and the Grantee agrees to accept, the grant funds. a. Grantor will distribute $550,000.00 in grant funds to Grantee. b. GRANTEE UNIQUE ENTITY IDENTIFIER: RWU7H871S3L7 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: September 15, 2022 through December 31, 2026. 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 GRANTOR/PASS THROUGH ENTITY: Liz Csizmadia. Page 3 of 7 OAKLAND COUNTY EXECUTIVE, DAVID COULTER j. DEFINED USE OF FUNDS: All grant funds must be expended in accordance with Exhibit I, Scope of Deliverables, and the guidelines for ARPA funds. 2.Grantee Affirmations: a. Grantee affirms that any and all representations made to Grantor in connection with this grant were accurate, truthful and complete and remain so. Grantee acknowledges that all representations and information provided have been relied on by the Grantor to provide funding under this Agreement. Grantee shall promptly notify Grantor, in writing, of the occurrence of any event or any material change in circumstances which would make any Grantee representation or information untrue or incorrect or otherwise impair Grantee’s ability to fulfill its obligations under this Agreement. b. Grantee may not use grant funds for expenses for which the Grantee 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 United States, except if authorized by law. Grantee shall promptly notify Grantor 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. c. Grantee 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 Grantee receives duplicate benefits from another source for projects related to this disaster, the Grantee must refund the benefits provided by the Grantor to the Grantor. 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. d. Grantee shall use all grant funds it receives under this Agreement by December 31, 2026. Any grant funds not used by that date must be returned to Grantor. e. Grantee will provide Grantor with the information described in Exhibit I. 3.Repayment/Remedies. Grantee is subject to repayment to the Grantor of an amount equal to the grant funds received by Grantee in the event Grantee has made material misrepresentations to the Grantor, voluntary bankruptcy or insolvency proceedings are commenced against the Grantee and not set aside within sixty (60) days, or the Grantee fails to otherwise comply with the requirements of this Agreement. In the event Grantor later determines the information Grantee provided in conjunction with this grant, or that Grantee was ineligible for this grant, or that Grantee’s use of the grant funds following receipt was contrary to this Agreement, Grantee agrees to repay the grant funds to Grantor in full. Grantor 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. Page 4 of 7 OAKLAND COUNTY EXECUTIVE, DAVID COULTER 4.Grantee Indemnification. Grantee shall indemnify, defend and hold Grantor and its elected and appointed officials harmless from all claims incurred or asserted against Grantor and its elected and appointed officials, by any person or entity, which are alleged to have been caused directly or indirectly form the acts or omissions of Grantee or Grantee’s employees. Grantee further agrees to indemnify and hold Grantor harmless for the payment of any tax or withholding payments, including any penalty assessed it may owe under this Agreement as described in Section 6. 5.No Indemnification from Grantor. Grantee shall have no rights against Grantor for indemnification, contribution, subrogation, or any other right against Grantee unless expressly provided herein. 6.Tax Liability. Grantor and Grantee agree that to the extent that any part of the aforementioned funds are deemed to be taxable, that Grantee 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. Grantee agrees to provide Grantor with all information and cooperation necessary to execute a completed 1099-G form which Grantor will file with the United States Internal Revenue Service. Grantee acknowledges that Grantee 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. 7.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, Grantee shall disclose to Grantor the identity of all Grantee employees and all relatives of Grantee employees who: a) are employed by the Grantor or are elected or appointed officials of the Grantor, on the date the Grant is executed; and b) becomes employed or appointed by the Grantor or becomes an elected official of Grantor during the term of the Grant. 8.Access to Records and Audit. Grantee 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, and the Grantee shall utilize adequate internal controls and 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 Grantor, 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 Grantor, 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 Grantee within 30 days after receipt by the Grantee. Failure of Grantee to comply with the audit requirements will constitute a violation of this Agreement. Grantee must establish and maintain effective internal control over the Federal award that provides reasonable assurance that they are managing the award in compliance with Federal statutes, regulations, and the terms and conditions of the award. Page 5 of 7 OAKLAND COUNTY EXECUTIVE, DAVID COULTER 9.Compliance with Laws. Grantee shall comply with all federal, state, and local laws, statutes, ordinances, regulations, and all requirements applicable to its activities under this Grant. This includes the following: a. Grantee must take reasonable measures to safeguard protected personally identifiable information, as defined in 2 C.F.R. 200.82, and other information Grantor designates as sensitive or the Grantee considers sensitive consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. b. Grantee must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements. Grantee 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 c. Grantee must register at sam.gov. d. Grantee 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. e. Public Body must comply with 2 C.F.R. Part D, Post Federal Award Requirements, being 200.300 et seq., where applicable. 10.Assignment. Grantee may not assign any of its rights or obligations under this Agreement to any person or entity. 11.Severability. If a court of competent jurisdiction finds a term of this Grant to be illegal or invalid, then the term shall be deemed severed from this Grant. All other terms shall remain in full force and effect. Notwithstanding the above, if Grantee’s promise to indemnify or hold the Grantor harmless is found illegal or invalid, Grantee shall contribute the maximum it is permitted by law toward the payment and satisfaction of any claims against the Grantor. 12.Governing Law/Consent to Jurisdiction and Venue. This Grant shall be governed, interpreted and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, jurisdiction and venue shall be in the Sixth Judicial Circuit Court of the State of Michigan or the 50th District of the State of Michigan. 13.Entire Agreement. This constitutes the entire understanding between the Parties concerning the use of the grant funds. 14.Electronic signatures. This Agreement may be signed in counterparts with the use of facsimile and electronic signatures, which shall be considered valid and binding on the Parties. Page 6 of 7 OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT I: SCOPE OF DELIVERABLES INTRODUCTION Oakland County Youth Assistance (“Youth Assistance”) delivers services to at-risk youth and their families to prevent penetration of the justice system. It has become clear that many of these families have been impacted, both emotionally and financially, by COVID-19. The Funds will be used to create comprehensive treatment plans that will increase stability and mitigate the financial impact of COVID- 19 on these families. The youth and family cases referred to Youth Assistance are significantly more complex and challenging than ever before, and access to appropriate mental health services continues to be difficult due to lack of resources and excessive wait lists. The Funds will provide emergency needs assistance, mental health support, and skill building and leadership development opportunities to youth referred to Youth Assistance for mental illness (suicide ideation, anxiety, depression, etc.), substance abuse, vaping, domestic violence, housing, and food insecurities. The Funds will also be utilized to purchase evidence-based educational curriculum and resources that Youth Assistance Casework staff can utilize with youths/families who are unable to access immediate care or treatment. PROGRAM REQUIREMENTS 1. The Funds shall only be used to provide the assistance described herein to Oakland County residents who are supported by Youth Assistance Caseworkers, Juvenile Court Probation Officers, and Children’s Village Staff. 2. The Chief of Youth Assistance shall develop and implement an application process so that Caseworkers from Youth Assistance, Juvenile Court Probation Officers, and Children’s Village Staff can fill out applications to receive a portion of the Funds to be spent on any of the following: a. Mental Health Services b. Emergency Needs Assistance c. Skill Building and Leadership Development Opportunities 3. Once an application is approved by the Chief of Youth Assistance, OCYACC shall pay the service providers (e.g., DTE, rental companies, camps, tutoring programs, etc.) directly. No funds will be directly paid to a youth/family, and OCYACC shall not hire contractors to provide any of these services. 4. OCYACC shall purchase evidence-based curriculum (i.e., “The Parent Project-Changing Destructive Adolescent Behavior” (www.parentproject) and Ripple Effects (www.rippleeffects.com) and other resources to enhance Youth Assistance casework services to address the immediate needs of families in the program. 5. OCYACC shall partner with Children’s Village to facilitate 10-week parenting education programs to meet the unique social and emotional needs of youth and families. 6. OCYACC shall support specialized educational tutoring programs for youth who are performing below grade level in the local Youth Assistance offices located within Oakland County’s 26 school districts. 7. OCYACC shall collect and store receipts for all expenditures of the Fund at the Youth Assistance Central Office at the Oakland County Circuit Court. Page 7 of 7 OAKLAND COUNTY EXECUTIVE, DAVID COULTER 8. The Chief of Youth Assistance shall provide a quarterly report to the Oakland County Board of Commissioners. The County can modify the reporting requirements with reasonable notice. The quarterly report shall include, but not be limited to, the following (if applicable): a. Number of youths and families served. b. Youth’s and families’ population (including, but not limited to, age, sex, and ethnicity) and geography demographics. c. Categorical breakdown. d. Participants’ success stories. e. Budget updates, including, but not limited to, funding allocations for the evidence- based curriculum. 9. OCYACC shall provide a final comprehensive report to the Oakland County Board of Commissioners detailing all Fund expenditures for the deliverables herein. The final report is due within 30 days of the Funds being spent by the Grantee, or by December 31, 2026, whichever date is sooner. 10. OCYACC shall return any unexpended funds within 30 days of the end date of this Agreement. PAYMENT OBLIGATIONS The County shall grant $550,000 to OCYACC in accordance with the terms and conditions of this Agreement.