HomeMy WebLinkAboutResolutions - 2024.11.21 - 41731
AGENDA ITEM: Memorandum of Understanding between the Oakland County Board of
Commissioners and the Public Services Department to Manage Unobligated American Rescue Plan
Act Funds
DEPARTMENT: Public Services
MEETING: Board of Commissioners
DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4666
Motion to authorize the execution of the attached Memorandum of Understanding between the
Oakland County Board of Commissioners and the Public Services Department within Oakland
County to manage the $313,169 of unobligated American Rescue Plan Act funds; further, authorize
the Chair of the Board of Commissioner to execute the agreement.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
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. On November 16,
2023, via Miscellaneous Resolution MR #2023-3549 23-155 appropriated $1,000,000 to the Public
Services Department to enter into contracts for the following three purposes: (1) to assess practices
related to the diversion, deflection and detention of youth within the system and to identify strategies
and/or programming to reduce racial disparities, (2) to assess the physical environment at
Children’s Village and develop recommendations as to how the campus can be used most
effectively while being trauma responsive, and/or (3) to create an inventory/directory of available
services for justice involved youth, including an evaluation of resource gaps.
Two contracts have been executed (totaling $686,831) for the above purposes and $313,169 (of the
$1,000,000) remains unobligated. The attached Memorandum of Understanding authorizes Barbara
Hankey, Director of Public Services, to manage the remaining unobligated funds in accordance with
the purposes defined in MR #2023-3549 23-155.
POLICY ANALYSIS
The BOC and the Public Services Department understand an MOU is required pursuant to the
LFRF program, the United States Department of Treasury’s Final Rules, and the March 29, 2024
Guidelines and Frequently Asked Questions. The remaining budget will be carried forward as per
the 2024 fiscal year-end report.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Barbara Hankey, Director Public Services
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024
AGENDA DEADLINE: 11/21/2024 9:30 AM
ATTACHMENTS
1. Interdepartmental MOU Public Services_10.21.24_FINAL
2. MR #2023-3549 _ 23-155
3. ARPA MOU Memo
COMMITTEE TRACKING
2024-11-12 Public Health & Safety - Recommend to Board
2024-11-21 Full Board - Adopt
Motioned by: None
Seconded by: None
Yes: None (0)
No: None (0)
Abstain: None (0)
Absent: (0)
OAKLAND COUNTY MEMORANDUM OF UNDERSTANDING
BETWEEN
OAKLAND COUNTY BOARD OF COMMISSIONERS
AND
THE PUBLIC SERVICES DEPARTMENT
This Memorandum of Understanding (“MOU”) is made and entered into between the Oakland
County Board of Commissioners (“BOC”), a Michigan Constitutional and Municipal Corporation,
a political subdivision of the state of Michigan, whose address is 1200 North Telegraph,
Pontiac, Michigan 48341 and the Oakland County Public Services Department (“Public Services
Department”). County and Public Services Department may be referred to individually as a “Party”
and jointly as "Parties".
The Parties agree as follows:
1. PURPOSE OF MOU. In accordance with MR #2023-3549_23-155, the BOC appropriated
$1,000,000 for the project as described by this MOU, of which $313,169 remains unobligated.
Further, the BOC and the Public Services Department understand this MOU is required to
obligate the remaining $313,169, pursuant to the Coronavirus State and Local Fiscal
Recovery Funds (“SLFRF”) program, the United States Department of Treasury Final Rules,
and March 29, 2024 guidelines and FAQs.
2. SLFRF CONDITIONS.
MR 2023-3549_23-155 allocated $1,000,000 to the Public Services Department to be used to
enter into contracts for the following three purposes: (1) to assess practices related to the
diversion, deflection and detention of youth within the system and to identify strategies and/or
programming to reduce racial disparities, (2) to assess the physical environment at Children’s
Village and develop recommendations as to how the campus can be used most effectively
while being trauma responsive, and/or (3) to create an inventory/directory of available
services for justice involved youth, including an evaluation of resource gaps.
Pursuant to MR 2023-3549_23-155, two contracts have been executed (totaling $686,831)
and $313,169 (of the $1,000,000) remains unobligated. The Public Services Department
intends to utilize the remaining money for one or more of the purposes listed above.
3. SCOPE. The remaining funds ($313,169) shall be utilized to pay a vendor to perform services
in accordance with MR 2023-3549_23-155 and the purposes listed in Section 2 above.
Barbara Hankey, Director of Public Services, shall serve as the project manager for all of the
contracts listed herein. In addition, all funds appropriated to the Public Services Department
pursuant to MR 2023-3549_23-155 will be expended by December 31, 2026.
(COUNTY DEPARTMENT)
BY: DATE:
_______________________________
(Director of the County Department)
THE COUNTY OF OAKLAND
BY: DATE:
Chairperson, Oakland County Board of Commissioners
November 16, 2023
RESOLUTION #2023-3549 _ 23-155
Sponsored By: Gwen Markham
Executive's Office - Appropriating American Rescue Plan Act – Local Fiscal Recovery Funds
for an Assessment of the Children’s Village and Juvenile Justice System Assessment
Chair 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 Interim Final Rule, the County may use these funds at
their 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 the proposed assessment of practices related to the diversion, deflection and detention of
youth entering the system will identify strategies designed to reduce racial disparities among detained
youth; and
WHEREAS the proposed assessment will evaluate the physical environment of Children’s Village;
and
WHEREAS the proposed assessment will also serve to identify the availability of appropriate services
needed to treat the youth in the community or while detained at Children’s Village; and
WHEREAS the proposed assessment will include and evaluation of implemented strategies to
determine their effectiveness at achieving developed outcomes; and
WHEREAS the average population of black youth at Childrens Village from January - October 2023
has been 70 %, and come from census tracts most impacted by the COVID pandemic; and
WHEREAS an appropriation of $1,000,000 is requested to proceed with the Children’s Village and
juvenile justice system assessment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
an appropriation in the amount of $1,000,000 in American Rescue Plan – Local Fiscal Recovery
Funds for an assessment of the practices related to the diversion, deflection and detention of youth
entering the system and to identify strategies to reduce racial disparities among detained youth.
BE IT FURTHER RESOLVED that the assessment include an assessment of the physical
environment at Children’s Village and recommendations as to how it can be used most effectively
while mitigating additional trauma to residents.
BE IT FURTHER RESOLVED that the assessment include a survey of the availability, or lack thereof,
of appropriate services that are required to address the needs of justice involved youth in the
community or while detained at Children’s Village.
BE IT FURTHER RESOLVED that the Director of Public Services shall act as contract administrator
for the assessment project and shall be authorized to enter into a contract for services subject to
review by the Purchasing Division and Corporation Counsel.
BE IT FURTHER RESOLVED that a mid-program report, along with key performance metrics, shall
be submitted to the Board of Commissioners no later than January 31, 2025. This report will establish
clear benchmarks for optimal performance that the County aims to achieve. Additionally, it shall
provide an in-depth analysis of the current implemented strategies, offering insights into their
effectiveness. The report will include baseline analytics, serving as a foundational reference.
BE IT FURTHER RESOLVED that approval of appropriations of American Rescue Plan Act – Local
Fiscal Recovery Funds for programs and services 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 FY 2024 budget shall be amended as reflected in the attached
Schedule A – Budget Amendment.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Gwen Markham.
Date: November 17, 2023
David Woodward, Commissioner
Date: November 17, 2023
David Coulter, Oakland County Executive
Date: November 17, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-11-07 Finance - Recommend to Board
2023-11-16 Full Board - Adopt
Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Philip Weipert to
adopt the attached Resolution: Appropriating American Rescue Plan Act – Local Fiscal Recovery
Funds for an Assessment of the Children’s Village and Juvenile Justice System Assessment.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Charles Cavell (1)
Passed
ATTACHMENTS
1. Schedule A - Budget Amendment
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
November 16, 2023, 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, November 16, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
MEMO
To: Chief Deputy County Executive
Subject: SLFRF Obligation FAQs
Date: November 7, 2024
Executive Summary
1. Key Takeaway: The introduction of interagency MOUs as an obligation vehicle provides the
County a tool to obligate dollars more efficiently and allows more time to continue refining its
reallocation decisions.
This memo summarizes preliminary takeaways from the updated FAQ released earlier this year.
Interpretation of this guidance may evolve as additional information is released.
Summary of FAQ Significant Changes
The updated SLFRF FAQs provide funding recipients with more pathways to obligate funds before the
December 31, 2024 and more flexibility to adjust obligations after December 31, 2024 in response to
changing program needs.
Key Language from Treasury:
“Treasury considers an interagency agreement, including an agreement in the form of a memorandum of
understanding (MOU), to constitute a “transaction requiring payment” similar to a contract or subaward
and therefore an obligation for purposes of the SLFRF rule, if the agreement satisfies one of the following
conditions:
•it imposes conditions on the use of funds by the agency, department, or part of government
receiving funds to carry out the program;
•it governs the provision of funds from one agency, department, or part of government to another
to carry out an eligible use of SLFRF funds; or
•it governs the procurement of goods or services by one agency, department, or part of
government from another,
and the agreement also satisfies each of the following conditions:
•it sets forth specific requirements, such as a scope of work and project deliverables;
•it is signed by the parties to the agreement, or otherwise evidences that each party has assented
to the agreement; and
•it does not disclaim any binding effect or state that it does not create rights or obligations.”
Considerations: Interagency MOUs may be easier and faster to execute than contracts, grant agreements
or other legal vehicles and may serve as an “umbrella obligation” for other types of costs, allowing
recipients to more broadly obligate funds within a discrete program in advance of the expenditure
deadline. In addition, the new FAQs appear to indicate that personnel costs for positions that remain
unfilled as of 12/31/24 may be obligated through an MOU.