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HomeMy WebLinkAboutResolutions - 2010.01.20 - 10097January 20, 2010 MISCELLANEOUS RESOLUTION 110001 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — 200912010 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Education (MDE) has awarded the Oakland County Children's Village Division funding in the amount of $3,075.00; and WHEREAS the Oakland County Children's Village Division was one of 68 Michigan recipients chosen out of a pool of approximately 1500 schools; and WHEREAS this amount is for the purchase and provision of fresh fruits and vegetables to K-6 enrolled residents; and WHEREAS a fresh fruit and vegetable delivery and education program will be provided within the K-6 self-contained Children's Village School classroom each day that class is in session; and WHEREAS the Fresh Fruit and Vegetable Program operates through the National School Lunch Program: and WHEREAS this funding is for the period of October 1, 2009 through June 30, 2010; and WHEREAS the award acceptance has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the future level of service, including personnel, he contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Hatehett absent. GRANT REVIEW SIGN OFF — Children's Village GRANT NAME: 2009-2010 Fresh Fruit and Vegetable Program Grant FUNDING AGENCY: Michigan Department of Education DEPARTMENT CONTACT PERSON; Patricia %%liar 248-8584162 STATUS: Grant Acceptance DATE: December 16, 2009 Pursuant to Misc. Resolution #01320, please be advised the captioned grant mat Is have completed internal grant review. Below are the returned comments. Ile captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the want agreement/contract, Finance Committee Fiscal Note, and this Sign Off entail containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution, DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (12/112009) Department of Human Resources: Approved. - Cathy Shalial (1211/2009) Risk Management and Safety: Approved, - Andrea Plotkowski (12/30009) Corporation Counsel: I have reviewed this grant acceptance and APPROVE the sane on behaif of Corporation Counsel. - Mary M. Mara (12/4/2009) COMPI.,IA.NCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Department of Education Section 511Appropriation Act o11990 Single Audit Art of 1984 (with amendments in 1996) h tip ww .witAchouse. goy e rob finanzialifin_sitiOe auclit,html Federal Office of Management and Budget (OMB) Circular o. 4433. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of Mates, kcal governments, and non-profit organizations expending federal awards. http:121www.w hitch° use.govioraticitculars/a 33/a133.htrui Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) httn://www.access ve.govinaraicfrAvaisidx_01/280£1 -35 01.hutil Department of Agriculture - Section 19 Richard B. Russell National School Lunch Act ('SSLA); amended in the Food, Conservation, and Energy Act of 2008, (P.L. 11(-234) littod7www.frts.usda.goviondiGovemance/Poliev-Mernos120081SP 31= 2008.pdfitxmllittn:Ii65.216.150.153itexisisearchipdlhi.txt?oucry.--110- .234 &pr-FNS& prox=--pace&torder-500Ztrurox=500ardfretr-5008crwfreo=500&slead-=500&rdepth-06tsuf s=08,:ore.kr-r&modc-&opts=&cci=&st--&id ------4ace7c1537 Federal Office of Management and Budget (OMB) Circular No. A-87. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally recognized Indian tribal governments (governmental units). littp:i/www.wbitehouse.gov/ornbieircutars/a087.1a87 2004. b nit Wang Department of Agriculture - National School Lunch Program (7 CFR Part 210) but ://www,accespo govfnaracfriwaisidx_0917efi210 09.11 aril Department of Agriculture - Office of the Chief Financial Officer (7 C1R Parts l(is -3018, 3021, 3052.) bttpihrolv.access.gpo.govinaraiefr/waisidx _09/7cfrv15_09.11tml#300 Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) kap :11w ww. usd 0 go ticorkoarrYtitievistat.litin The Education Amendments of 1972 (20 U.S.C.. Sec 1681, 1683, 1685-86) lit tra://www.ubdoi.envicrtkoricoordititleixstut.btro The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) w w. do I._ go.v/ti asa min-Ts/611ga Eusisec504.htm Department of Agriculture - Nondiscrimination (7 CFR Parts 15, 15a -15b) http:lly,,ww,access. gpo . go v)rt a rak frlwaisidx 09 l7c Frvl (19, htinl Implementation of -Executive Order 12550, Nondiscrinaination on the basis of handicap in federally assisted programs (28 CFR Part 41) htto: 1/w ww.r.ccess.00.g,ovinara.'efri wais .d x._ 0 /28cfr41 01 .btml Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 bap' //www.dov 10 samiresistatutegage_act.htm Federal. Tort Claims Act (28 CSC Section 2671) httn;ificode.bou.,.:e.ov./u.5code- cgilfastweb.exe7iletdoc+u.scview 426t28-3479-10-1-1-V28%29%20%20AND%20%.2.8%282 8,429%20AD/ %2OUS C9/029%3A C F20AND%20%28USC%20w%2F10%20%282671%29%29%3AC1.T.E%20%20% . 209 :.:209.4 0%20%20% 20c.'42) STATE OF MICHIGAN DEPARTMENT OF EDUCATION LANSING MicHIGANC) Education MICHAEL P. FLANAGAN SUPERINTENDENT OF PUBLIC INSTRUCTION JENNIFER M. GRANHOLM GOVERNOR ke Fianaga SuperintendeLt November 30, 2009 GRANT AWARD Ms. Patricia Lahar, Administrator Oakland County Childrens Village 1200 NORTH TELEGRAPH ROAD, BLDG 63 WEST PONTIAC , MI 48341 Dear Ms. Lahar: This letter is to 'nform you that the application for 2009-2010 Fresh Fruit and Vegetabie Program for Oakland County Childrens Village has been approved. The details of this award can be found in the Grant Award Notification form(s), included with this document. On behalf of the Department, I congratulate you on the success of your application. Questions regarding this grant program may be directed to Gloria Zunker at (517) 373-3347 or MDE-SchoolNutrition@michigan.gov . STATE BOARD OF EDUCATION KATHLEEN N STRAUS - PRESIDENT • JOHN C. AUSTIN - VICE PRESIDENT CAFRO._\'N - CURTIN - SECRETARY • MARIANNE YARED MCGUIRE - TREASURER NANCY DANHOF - MASSE DELEGATE • ELIZABETH W. BAUER REGINALD M. TURNER • CASANDRA E. ULBRICH 008 WEST ALLEGAN STREET • P.O. BOX 30008 • LANSING. MICHIGAN 41190a www.nnichigan.govirnCe • (517) 373-3324 MICHIGAN DEPARTMENT OF EDUCATION 608 W. Allegan PO Box 30008 LANSING, MICHIGAN 48909 GRANT AWARD NOTIFICATION District/Recipient Code; s acoc 5 Distriet/ReeipientContact Person for Grant: Recipient Name: Name: Ms, Patricia Lahar Dakland Col.:Jay Childrens Village POSiliUM:Administrater 12C0 NORTH TELEORA_PH ROAD Telephone: (248; 858-1162 , BEM 63 WES: Email: laharpaoakqov,com FC,NTEAC, ME 48341 Award Information 6 Authorized Funding Activity: E Original Amendment Grant Program Title: Original Award: 1/1119C0 $3,075.30 Fresh Fr'31t and Veetahle Program Amendments: Grant Number — Project Number: 10V050 - ndi.)0 Regular/CarryoYer Funds: Reh-Jiar Award Type: Federal Competitive Current Authorized Amount: $3,073.00 MDE Staff Contacts: 7 Expenditure Period: Program Contact: Beginning date: 10/1/209 Gl.7_,r',a Zunker ;5:7) 373-3347 Ending date: 6/30/2010 Payment Contact: Debby Rdberts ;517 335-0534 4 Final Report Due Dates: 8 Method of Obtaining Payment: Performance Report Reuest Online at: https://mdoe.state ,mi,us/cms/ Monthly claims due by ihe ICU: of the montA followim= the eldim. Final Expenditure Report dve 8/1,72C10 Fxpenditure Report 13/29/2clo Administrative Information: CTDA Number: l3 .ss2 CHM Title: Fresh Fruit and Vegetable Pregram Regulations Pertaining to As The =A pn,mides federal funds to promote fresh fruit and vegetable consumption amens elementary school cnildren. Echools must serve fresh fruits .,1 vegetables free to ail enrolled chiidren in one or mere des,.0nated erso daily and must publicize fresh fruit and vegetable availability wtthin the schtic.J.. 10 11 Authorizing Official: Date: 1l i c/23 Notice: Fiscal Agents receiving over $500,000 from all federal funds in any fiscal year are subject to federal Single Audit requirements. Authority: USDA CFDA; 10.5E2 Dfrnt question ordfng this form to (517) 373-3347 Completion: Voluntary,. Faiwre to file will result in no cons.cleration 'or 'unding. 9/10/2005 Michigan Department of Education Grants Coordination and Schaal Suaaort: School Nutrition Traininu and Pro2ratns FY 2009 - 2010 Fresh Fruit and Vegetable Program Grant Legal Name of District iDistrict Code Oakland Coutl:y Chi Idrcrts Villa.gc _. _t 1630008006 . Aadrnss of District APPLICANT _120::l NORTH TELFGRAPH ROAD BLDG 63 WEST — City Zip °clue ' County PONTIAC 48341 1 Oakland I Telephone Fax I 248-858-1162 i248-452-9754 Title 1 s. Patric Utt [ Athnirlistralor M ia ar I Name of Conlaot .Persoa Address 1200 North Telegraph Road 34 Fast FOOD SERVICE City I Zip Code MANAGER/ DIRECTOR Pontiac 1 48341-0432 Telepiione 'Fax I (248) 858-1:62 (248)452-9754 i t Email Address hahaTtioakgov.coin _ . Narne of Contat Person 1Title 7a:im1) Nicuick 1 . ACJI-E SS 2:00 Pontiac Lake Rd. Executivz OffIec Mg, 4 i W Financial City Zip Doae Contact I Watct-fora. 48328-0403 , 1 TeiepTiore Fax 248-858-12).7. Ema;l Aaaress nactriCkIiiioal:L.cw.coir School Name; OAKLAND COUNTY CH1LDRENS V1LAGE Building Code: 41 1'30 9/10)2009 Fresh Fruit and Vegetable Program Grant Proposal FY 211109-2010 District Name:- Code: Oakland County Chidrons Village 630008906 School Name: OAKLAND COUNTY CH:LDRENS VILLAGE Building Code: 0!)0 The intent of the Fresh Fruit and Vegetable Program (FFVP) is to provide free fresh fruits and fresh vegetables to students throug:iout the school day. 1. Total Number of Enrolled Students: (Rased on October 2008 National School Lunch Program claim.) 2. Percentage of Students Eligible for Free/Reduced Price Meals: (Based on October 2008 National School Lunch Program claim. Number of eligible student's divided by student enrollment.) 3. Program Implementation Plan Who will oversee the Fresh Fruit and Veeotale Program (FIVE') in the school building? Children's Village Health Program Coordinator How will the fruits and vegmbles be distributed? The base kitchen staff will wash and prepale, as needed, the fresh fruit and vegetable items. After necessary fruit and vc.getable cleaning and cutting, Children' s Vlaue staff will pick up and deliver the fresh fruit and vegetable trays to the Children's Village School, spe.citioally to the Kindergarten through Sixth Grade self -centained elassrocm. Page '1 of 6 Fresh Fruit and Vegetable Program Grant Proposal FY 2009-2010 Where will the frtiks and vegetables be distributed? The frcsh fruit and -,'.71etable trays will be served in the Kindergarten through sixth Grade self-contained classroom. This classroom is located within the Children's Villanie school building on the campus of Oak:and County Children's Village. will The fruits and ve7etablcs will be distri buted to the children each morning. Monday through Friday, betwcen 10;30 Ni and 20:30 AM, whenever classes are in session. age 2 of 6 Fresh Fruit and Vegetable Program Grant Proposal FY 2009-2010 What method will be used to widely publicize, within the sellec.)1, the availability of &e fruits and ve,vtables? Posters will h'e created and hung within the school and wi.thin the self-contained classroom to publicize the availability of frce fruits and \ie .oetables each morning to the children of the Kinderoarter through Sixth Grade self -contained classroom of Oakland County Children's Villaoe School. How will nutrjtion edocation he provid2d (-3 students aboLt fruits and vegelables? Nutrition education will be provided by t-b,e self-contained assigned Waterford School Districc teacher, who is Spec.ial Ed..,...ation Certified, with a Master Degree in Learni%g Disabled (K-12), end with a Bachelor Degree in Emotionally Tmpaired :K-12); and by the Oakland County ;:calth Divison Registered Nurse, who is stationed at Children's Village. An Oakland coun..71y 1e1ti Divis .onNutitLenist will provide support arld consulation services. age 3 of 6 Fresh Fruit and Vegetable Program Grant Proposal FY 2009-2010 Describe how the impionentation plan is integrated in one of the following efforts: (NOTE: choose a, b or a. You do not have io choose all three) a) Integrate the ITVP with other effors to either promote sound health and nutrition. OR b) Reduce overweight in obestty Encouraging the children to eat fresh fruit and vegetables, and teaching them abou: the nutritional advantages will cause Lhe children to ,dloose fresh fruits and vegetaUles, instead of hiqher calorie/lower n ....:trition foods and snacks. Eating healthier will 1 .esult .t.n ingestion of fewer calories, and the maintenance or establishment of a healthy, non-cverwei..7,ht body. Kealthy-weight children are better able to maintain a healthy weight throu9'hout adulthood. OR )age 4 of 6 Fresh Fruit and Vegetable Program Grant Proposal FY 2009-2010 a) Promote physical :ictivity 4. Description of Partnership Activities Undertaken or Planned Whik optional, each .6choo1 is a:couratzed to deNclup partnerships with one or more entities that wiU provide non-federal resoureei,t, including entities representing the fruit and yee,etable indosIty. WaterforJ school District teacher, with support of school princip -fd, asLiEc. with implerner.Lat ion of and nutrition education for the program within the cla_ssroom. :.;:akland County Health Division Pull: -.to Health N"../rse will .assist with nut-' -n education for thr_., program viithin the ,.:7".,.as:iloom. Fe:ice and „Sons, Inc., a fresh prz..d....Ice provide discounts for 2-=.'..51-1 fruit and vec-7,et,..alie :-)urcnases y th Ckland County Children' s 'age 5 of 3 Fresh Fruit and Vegetable Program Grant Proposal FY 2009-2010 5. Has this school ever received the USDA Fresh Fruit and Vegetable Program (FTVP) grant, including the FTVP pilot grant? El Yes M No 11Yes, were all grant furds spent within the specified grant priod? ID Yes c No Page 6 of 6 Residential Child Care Institution Certification Form The new Fresh Fruit and Vegetable Program began operations under the authority and provisions set forth in The Food, Conservation, and Energy Act of 2008, (P.L. 110-234), the Farm Bill on July 1, 2008. The Farm Bill amended the National School Lunch Act to add a new section 19, the Fresh Fruit and Vegetable Program (FFVP). A Residential Child Care Institution (RCCI) can participate in the FFVP provided it operates an elementary school program during the day and participates in the National School Lunch Program (NSLP). IX] Check this box to certify that the elementary school operated by the RCCI is located ons[te. Pease provide an explanation of how the RCCI will comply with the following requirements: 1. An RCCI operating an elementary school program during the day may participate in the FFVP. Expiain how the RCCI will ensure that only elementary school students will have access to the FFVP. Fresh fruit and vegetable trays will be served in the Kindergarten through Sixth Grade self-contained classroom only. 2. Tne FFVP may be availab!e only during the schoo day, not before or after regular school hours. Explain now this requirement will be adhered to. The fresh fruit and vegetable trays will be distributed to the children within the self -- contained classroom each morning, Monday through Friday, between 10:00 AM and 10:30 AM. 3. The FFVP snacks cannot be provided at the same tme as the service of the breakfast or lunch program. Explain how this requirement will be adhered to. The fresh fruit and vegetable trays will be served in the classroom, Monday 'trough Friday, when classes are in session. Our breakfast and lunch programs are served outside class session times, and with.,n the bOdings where the children reside. 4. Who will oversee :he FFVP prog7am in the RCCI to ensure the program follows all FFVP requ!rements? The Children's Village health Program Cocrdinator and the Food Serv i ce Supervisor. School Food Manager: ' Name: , Tnannn 017PrA11- MATIRE,Pr School Principal: overalli@oakgov.com District Superintendent (or decignee): Name: sp. FL:ci tr , Administrator Email Address: •nn• 9/10/2009 Fresh Fruit and Vegetable Program Grant Certification of Support FY 2009-2010 District Name: Oakland County Childrtms Villay District Code: 63 0008006 SchoolName: OAKLAND COUNTY CI-TILDRENS VILLAGE Building Code: c.,occo We have reviewed this application and attest to the information provided. If selected, we agree to implement the program in a manner consistent with the policies and procedures established by USDA. Further, we agree to participate in any USDA sponsored evaluations and to provide the information requested by the specified guidelines. Certification of support for participation in the FTVP must be signed by all of the following: Iswne: -,n 'n.dr , Administrator Email Address: Margaret Scribner, Food Service Supervisor qrrihnprmianRkvv. rnm Application Contact Email Address: 1aharpoakonv,com Application Contact lICAj Education ASSURANCES AND CERTIFICATIONS --FEDERAL PROGRAMS— CERTIFICATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS No federal, appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing oi dLttL1p1iIly Lo influence an officer or employee of any agency, a Member Of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LL*Disclosure Form to Report Lobbying*, in accordance with its instructions. The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any Federal department or agency. Where the prospective !owe' Li pdILk.idI L s unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ASSURANCE WITH SECTION 511 OF THE U.S. DEPARTMENT OF EDUCATION PPROPRIATION ACT OF 1990 When issuing statements, press releases, requests for proposals, solicitations, and other documents describing this project, the recipient shall state clearly: 1) the dollar amount of federal funds for the project, 2) the percentage of the total cost of the project that will be financed with federal funds, and 3) the percentage and dollar amount of the total cost of the project that will be financed by nongovernmental sources. ASSURANCE CONCERNING MATERIALS DEVELOPED WITH FUNDS AWARDED UNDER THIS GRANT https://mes.rndeestate.mi ,us/rnegs/AssurancesandCertifications.asp?ID-638zFY=20 O&Vi 9/25/ 009 The grantee assures that the following statement will be included on any publication or project materials developed with funds awarded under this program, including reports, films, brochures, and flyers: "These materials were developed under a grant awarded by the Michigan Department of Education." CERTIFICATION REGARDING NONDISCRIMINATION UNDER FEDERALLY AND STATE ASSISTED PROGRAMS The applicant hereby agrees that it will comply with all federal and Michigan laws and regulations prohibiting discrimination arid, in accordance therewith, no person, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap, shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S. Department of Education or the Michigan Department of Education, PARTICIPATION OF NONPUBLIC SCHOOLS The applicant assures that private nonprofit schools have been invited to participate in planning and implementing the activities of this application. AUDIT REQUIREMENTS All grant recipients who spend $500,000 or more in federal funds from one or more sources are required to have an audit performed in compliance with the Single Audit Act (effective July 1, 2003). 0G-4996 ASSURANCE REGARDING ACCESS TO RECORDS AND FINANCIAL STATEMENTS The applicant hereby assures that it will provide the pass-through entity, i.e., the Michigan Department of Education, and auditors with access to the records and financial staternerrt db liecessdry for the pass-through entity to comply with Section 400 (d) (4) of the U.S. Department of Education Compliance Supplement for A-133. CERTIFICATION REGARDING TITLE II OF THE AMERICANS WITH DISABILITIES ACT (A.D.A.), P.L. 101-336, STATE AND LOCAL GOVERNMENT SERVICES (for Title II applicants only) The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections for individuals with disabilities. Title II of the ADA covers programs, activities, and services of public entities. Title II requires that, "No qualified individual with a disability shall, by reason of such disability be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entty, or be subjected to discrimination by such entity." In accordance with Title II ADA provisions, the applicant hds conducted a review of its employment and program/service delivery processes and has developed solutions to correcting barriers identified in the review. CERTIFICATION REGARDING TITLE III OF THE AMERICANS WITH DISABILITIES ACT (A.D.A.), P.L. 101-336, PUBLIC ACCOMMODATIONS AND COMMERCIAL https://megs.mde.state.mi.usimegs/AssurancesandCertifications.asp?ID=63&FY-20108Ni ... 9/25/2009 FACILITIES for Title III applicants only) The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections for individuals with disabilities. Title III of the ADA covers public accommodations (private entities that affect commerce, such as museums, libraries, private schools, and day care centers) and only addresses existing facilities and readily achievable barrier removal. In accordance with Title III provisions, the applicant has taken the necessary action to ensure that individuals with a disability are provided full and equal access to the goods, services, facilities, privileges, advantages, or accommodations offered by the applicant. In addition, a Title III entity, upon receiving a grant from the MDE, is required to meet the higher standards (i.e., program accessibility standards) as set forth in Title III of the ADA for the program or service for which they receive a grant. SPECIFIC GRANT PROGRAM ASSURANCES GENERAL The School Food Authority (SFA) agrees to abide by all of the requirements for administering the Program as stated in section 19 of the Richard B. Russell National School Lunch Act (NSLA), as amended in the Food, Conservation, and Energy Act of 2008 (P.L. 110-234) and any guidance/clarification provided by United States Department of Agriculture/ Food Nutrition Service (USDA/FNS) or the State Agency (SA). USE OF FUNDS a. The SFA shall ensure that the funds are expended, in accordance with guidance material issued by the SA and USDA/FNS, for fresh fruits and vegetables and other allowable costs. b. The SFA shall ensure that each participating school retains no more than 10 percent of their awarded funds for administrative purposes. c. The SFA may not retain any of the allocated funds for its use. d. The SFA acknowledges that funds that are not obligated or expended may be subject to reallocation by FNS. REPORTING The SFA shall ensure that each participating school maintains monthly data. The SA will provide the monthly prototype Claim Form and Monthly Site Log that wiii be used to gather and submit the data. The SFA with participating school(s) will provide information requested by the SA for an End of Year Report. The report due date will be established by the SA for each fiscal year. REGULATIONS The SFA must comply with section 19 of the Richard B. Russell National School Lunch Act (NSLA) and the corresponding cost circular that establishes the inciples fin cost dete -mination found at OMB Circular A-87, Cost Principles for haps ://na egs.md e.state.mi.usi'm egslAssurancesandCertifications.aspM-63 &TY--201084Vi ... 905,17009 urances state, local, and Indian Tribal Governments and OMB Circular A-122, Cost Principles for Non-Profit Organizations. The SFA must also comply with the following: a. 7 CFR Part 210: 'National School Lunch Program" (only that which applies and does not conflict with the provisions of Public Law 110-234). b. 7 CFR Part 3016: "Uniform Administrative Requirements for Grants and Cooperative Agreements to State arid Local Governments other than Entitlement Programs" (Reference OMB Circular A-102 Common Rule) c. 7 CFR Part 3015: "Uniform Federal Assistance Regulations" d. 7 CFR Part 3017: "Government-wide Debarment and Suspension (Non- Procurement)" e. 7 CFR Part 3018: "New Restrictions on Lobbying" f. 7 CFR Part 3021: Government-wide Requirements for Drug-free Workplace (Financial Assistance)" g. 7 CFR Part 3052: "Audits of States, Local Governments, and Non-Profit Organizations" SUSPENSION AND DEBARMENT The SFA agrees to ensure that all vendors are neither excluded nor disqualified under the Suspension and Debarment rules found at 7 CFR Section 3017.300 by: a. Checking the Excluded Parties List System (EPLS). This information can be found at www.epls.gov . NONDISCRIMINATION The SFA will comply with the following nondiscrimination statutes and regulations, any other related regulations, and any USDA nondiscrimination directives: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), USDA regulations at 7 CFR Part 15, Nondiscrimination, and Department of Justice regulations at 28 CFR Part 42, Nondiscrimination; Equal Employment Opporturlty; Policies And Procedures; b. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and USDA regulations at 7 CFR Part 15a, Education Programs or Activities Receiving or Benefiting from Federal Financial Assistance; c, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), USDA regulations at 7 CFR Part 15b, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance, and Department of Justice regulations at 28 CFR Part 41, Implementation Of Executive Order 12250, Nondiscrimination On The Basis Of Handicap In Federally Assisted Programs; and https://megs.mde.state.rni.uslineas/AssurancesandCertifications.asp?M-63&FY-2010&Vi... 9/25/1009 ssurancesi rage O ox d. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). The SFA assures that it will immediately take any measures necessary to effectuate the requirements in these laws, reguiations, and directives. The SEA gives this assurance in consideration of and for the purpose of obtaining the funds provided under this agreement. EVALUATION The SFA will cooperate with any evaluation of the program by provichg the SA or USDA/ENS requested data and access to records. The SFA will cooperate with ary, as needed, on-site financial and/or tecnnical reviews and audits at any time during the term of the agreement. In addition, the SFA shall make all records pertaining to activities under the grant available for audit purposes. The SFA will require the school(s) to comply with the requirements of this agreement and ensure that the SA or USDA/ENS has access to any school for purposes of evaluating, monitoring, or reviewing their operations or records as they relate to this grant. COPYRIGHTS USDA/FNS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes, the following: a. The copyright of any work developed under a grant, sub-grant, or contract under a grant or sub-grant; and b. Any rghts of copyright to which a grantee, sub-grantee or a contractor purchases ownership with grant support. USDA/ENS ACKNOWLEDGEMENT Unless otherwise advised by USDA/ENS, the SEA will acknowledge the support of USDA/ENS whenever publicizing the work under this grant. To this end, tne SEA must include in any publication resulting from work performed under this grant an acknowledgment in substantially the form set below: This project has been funded at least in part with Federal funds from the U.S. Department of Agriculture. The contents of this publication do not necessarily reflect the view or policies of the U.S. Department of Agriculture, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S, Government." LIABILITIES The SEA may not seek any financial recourse from USDA/ENS or the SA as a result of any liabilities the SEA might incur for bodily injury or personal property damage resulting from negligent acts, errors, or omissions of the SA, their officers, agents or employees„ or if applicable its sub-grantees or their officers, agents, cr employees, in performing this agreement. Liabilities of the United States are governed by the Federa Tort Claims Act, 28 U.S.C. 2671 et seq. FUNDING https://megs.inde.state.rni.usimees/AssurancesandCertifications.asp?ID=638LFY=20 I 001i... 9/2572009 The SA will provide funds to the SFA in the amount specified in the grant award letter, for use in accordance with this agreement. Funds will be provided through the established claim process, including MDE - Michigan Electronic Grant System (MEGS) and Cash Management System (CMS). Fresh Fruit and Vegetable Program (FFVP) funds will be provided on a fiscal year basis through two allocation distributions; on or around July 1 and October 1. GRANT PERIOD This grant agreement is effective from July 1, 2009 through June 30, 2010. The July allocation will be available for obligation by schools through September 30, 2009. Funds not obligated by September 30, 2009, will be recovered and will NOT be available for the remainder of School Year (SY) 2009/2010. The second allocation will be made on or about October 1, 2009, Schools can obligate the October funds through June 30, 2010. NOTE: the October allocation will not include any unobligated funds remaining from the July allocation. The closeout of the July allocation must occur by November 30, 2009, All obligations incur-ed under the July allocation must be liquidated by November 30, 2009. The closeout of the October allocation must occur by August 31, 2010. All obligations incurred under the October allocation must be liquidated by August 31, 2010. NONCOMPLIANCE The SA may unilaterally terminate this yrdrtt. agreement or recover, withhold, or cancel payment of up to 100 percent of the funds made available under the agreement if the SFA fails to comply with any term of the agreement. The SA will consider failure to comply w:th the reporting requirements of this grant agreement to be a material failure to comply with the agreement and a basis for termination. Grantee agrees to comply with all applicable requirements of all State statutes, Federal laws, executive orders, regulations, policies and award conditions governing this program. Grantee understands and agrees that if it materially fails to comply with the terms and conditions of the grant award, the MDE may withhold funds otherwise due to the grantee from this grant program, any other federal giant programs or the State School Aid Act of 1979 as amended, until the grantee comes into compliance or the matter has been adjudicated and the amount disallowed has been recaptured (forfeited). The MDE may withnold up to 100 percent of any payment based on a monitoring Coding, audit finding or penCmg final -eport. If the SA decides to take action against the SFA for noncompliance under the grant agreement, the SA will provide the SFA written notice of the basis for its determination. https://mes.mde.state.mi.usfmegs/AssurancesandCertifications.asp?ID-63 &FY-201 00/i... 9/25/2009 FINANCE COMMITTEE FISCAL NOTE (MISC. 110001) January 20, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION - 2009/2010 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Education (MDE) has awarded the Oakland County Children's Village Division funding in the amount of $3,075. 2. The Fresh Fruit and Vegetable Program operates through the National School Lunch Program. This agreement provides for the purchase and provision of fresh fruits and vegetables to enrolled self-contained residents, grades K-6, at the Children's Village School classroom each day that class is in session. 3. Funding period is October 1, 2009 thru June 30, 2010. 4. There is no county match or additional positions required. 5. The Fiscal Year 2010 budget is amended as specified below: Fund 20293 Revenue: 1060501-112195-610313 Federal Operating Grants $3,075 Expense: 1060501-112195-750462 Provisions p3,075 FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #10001 January 20, 2010 Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas. Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton. Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I MY APPIE THE FORM EOM 772- 0 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of tie 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 or January 20. 2010, 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 County of Oakland at Pontiac, Michigan this 20th day of January, 2010. igat Ruth Johnson, County Clerk