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HomeMy WebLinkAboutResolutions - 2010.11.18 - 10246November 18, 2010 REPORT MR #10300 BY: Human Resources Committee, Sue Ann Douglas, Chairperson RE: HEALTH AND HUMAN SERVICES — CHILDREN'S VILLAGE 2010-2011 FRESH FRUIT AND VEGETABLE PROGRAM GRANT TO: Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on November 10, 2010 reports with the recommendation the resolution be adopted. Chairperson. on behalf of the Human Resources Committee. I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE VOTE Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION#10300 November 18, 2010 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — 2010/2011 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan. Department of Education (MDE), has awarded the Oakland County Children's Village Division funding in the amount of $1,749.00; and WHEREAS this amount will fund the purchase and provision of fresh fruits and vegetables to Kindergarten through Sixth Grade students in the 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 USDA National School Lunch Program; and WHEREAS this funding is for the period of October 1, 2010 through June 30, 2011; 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 Oakland County Board of Commissioners hereby accepts the State of Michigan. Department of Education, Fresh Fruit and Vegetable Program grant award of $1,749.00. 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. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon the level of funding for this program. Chairperson, on behalf of the General Government Committee, 1 move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Lyvd_ GENERAL GOVERNMENT: Motion carried unanimously on a roll call vote with Jacobsen, Capello and Hatchett absent. T GRANT REVIEW SIGN OFF — Children's Village GRANT NAME: 2010-2011 Fresh Fruit and Vegetable Program Grant FUNDING AGENCY: Michigan Department of Education DEPARTMENT CONTACT PERSON: Patricia Labar 248-858-1162 STATUS: Grant Acceptance DATE: October 8, 2010 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email 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 (10/1/2010) Department of HUM an Resources: Approved_ — Cathy Shallal (10/1/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (10/5/2010) Corporation Counsel: Approved. — Bradley G. Berm (10/8/2010) COMPLIANCE The grant guidelines 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 Agriculture — Section 19 Richard B. Russell National School Lunch Act (NS1A); amended in the Food, Conservation, and Enery Act of 2008, (P.L. 110-234) littn:I/www.fris.usda,gov 'oticliGovernance/Policv-Memos/2008/SP 31- 700 ._pdfltxml=htto1.765.216.150.1531tcxisisearcbindfhitxt7uuerv=110- nr= FNc,R, nrmr=nnprArTnrrlemi00&177711x=500ctrdfreo-5008;nv&ea=500(krlead-5008crdeoth&sufs=0&ord er=r8ctiode=&onts= ,-1,,:sr=&id=4ace7e5 37 Department of Education Section 511Appropriation Act of 1990 Single Audit Act of 1984 (with amendments in 1996) Utz/Avvii,v.whitehous.voviombitinanciaViin sinie audit,buta Federal Office of Management and Budget (OMB) Circular No, A-133. ttn://www .whiieho use.Erovioribkirculars/al 33 /a 133.htmi Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) htu)://www.access.zao.stovfnaraiefrAvaisidx 0 1. a8cfr35 01 .html 1 Federal Office of Management and Budget (OMB) Circular No. A-87. htv://www.whitehouse.goviornb/circulars/a087/a87 2004,html#atta Department of Ag,rieulture — National School Lunch Program (7 CFR. Part 210) jyttn ://wi,vw.acc...ess coo .Rovinaratcfr/waisidx 09t7cfr210 09 bin! Department of Agriculture — Office of the Chief Financial Officer (7 CFR Parts 3015 -3018, 3021, 3052) o:J/www.acce. 09f7cfrv15 09.html#3000 Title VI a the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) jytto://wawicusdoi.ovicrliccricoordititlevistat.htm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) htto://www.usdej.govicrticoricoorditideixstathtm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) bttp://www.dol.2ov/owarnfregistatutesisec504 htm Department of Agriculture — Nondiscrimination (7 CFR Parts 15, 15a -15h) htto:Pwww.access.goo.govirtaraicfriwaisidx 09r7cfrvl 09.html Implementation of Executive Order 12550, Nondiscrimination on the basis of handicap ht federally assisted programs (28 CFR Part 41) bttp://www.acce..3.s,ano.govinoralcfriwaisidx 01/28cfr41 01.html Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 igtc .fiwww.dcti.acv/oasam/rees/statutesiam act.htm. Federal Tort Claims Act 128 USC Section 2671) httgJinscode.house.gov/uscode- rgiirnituiph exiouptrinr+11 ,:nvienu+06.08+;479+0-14%28%29%2_0%20AND%20%28%2828%29%20ADJ%20TISC 07.-,Q04,1 A CTTP}430 fri:,20g/A2RT Mr.°4,20w442F10%20%282671%29%29%3ACITE%20%20%20%20%20%20% 20%20%20 GRANT REVIEW FORM TO: REVIEW DEPARTMENTS – Laurie Van Pelt – Cathy ShaIlal – Julie Secontine – Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE – Oakland County Children's Village— Health and Human Services, 2010-2011 Fresh Fruit and Vegetable Program Grant Michigan Department of Education Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 8, 2010. GRANT INFORMATION Date: October 1, 2010 Operating Department: Oakland County Children's Village Department Contact: Patricia Lahar Contact Phone: 248-858-1162 Document Identification Number: REVIEW STATUS: Acceptance Resolution required. Funding Period: October 1, 2010 through June 30, 2011 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware! Software Needs or Purchases): No MiWBE Requirements: Basic Federal Programs Assurances and Certifications Funding Continuation/New: Continuation Application Total Project Amount; $1749 Prior Year Total Funding: $3075 New Grant Funded Positions Request: No Changes to Current Positions: None. Includes reimbursement of labor costs for food preparation and administration of project. Grantor Funds: $1749 Total Budget: $1749 Match and Source: None required PROJECT SYNOPSIS Children, ages 6 through 12, who reside at the Oakland County Children's Village and attend classes at the Children's Village School Kindergarten through Sixth Grade Self-Contained Classroom will receive fresh fruit and vegetables during each mid-morning and mid-afternoon class session, along with nutrition education programming. The project aims to encourage healthy eating, and the maintenance or establishment of a healthy non-overweight body for participants. Authority: USDA CFDA: 10.582 Direcr questions regarding this form to (517) 373-3347 Completion: Voluntary. Failure to file will result in no consioeration for funding. 5/12/2010 Michigan Department of Education Grants Coordination and School Support: School Nutrition Traininz and Pro5ffams FY 2010 - 2011 Fresh Fruit and Vegetable Program Grant Lep! Name of District 1 Distrid Code Oakland County Childrens Village 630008006 Adcress of District APPLICANT 1200 NORTH TELEGRAPH ROAD BLDG 63 WEST City Zip Code County ! PONTIAC 148341-1032 Oakland Telephone Fax 248-858-1162 248-452-9754 •Narie of Contact Person Tire Ms. Patricia Lahar Administrator Adoress 1200 North Telegraph Road 34 East FOOD SERVICE city Zip Code MANAGER ! DIRECTOR Pontiac 48341 -0432 1 Te:eprione Fax (248) 858-1162 (248)452 -9754 Email Address laharp@oakgov.cotn Name of Contact Person Title Mrs. Tammy 141e-trick Junior Accountant Aowess 2100 Pontiac Lake Rd. Executive Office Bldg. 41W Finanoial City 4 Code Contact Waterford 1 48328-0403 Telee,none Fax 1 248-858-1292 1 Email Address metrickt@oakgov.com , School Name: Building Coda: 5/14/2010 Fresh Fruit and Vegetable Program Grant Proposal FY 2010-2011 District Name: Oakland County Childrens Village District Code: 6300081006 Building Code; 0 op 00 School Name: Oakland County Child:ens Village The intent of the Fresh Fruit and Vegetable Program (FFVP) is to provide free fresh fruits and fresh vegetables to students throughout the school day. I. Total Number of Enrolled Students: (Based on October 2009 National School Lunch Program claim.) 31 2, Percentage of Students Eligible for Free/Reduced Price Meals: (Based on October 2009 National School Lunch Program claim. Number of eligible students divided by student enrollment.) 100 3. Program Implementation Plan Who will oversee the Fresh Fruit and Vegetable Program (FFVP) in the school building? Children's Village Administrator How will the fruits and vegetables be distributed? J Stationary cart, kiosk, stand or rack Moving cart 2j Baskets of trays Ei Vending machine 0 Other (describe) The base kitchen staff will wash and prepare the fresh fruit and vegetable items. A Children's Village staff will then deliver the fresh fruit and vegetable trays to the Children's Village School. Where will the fruits and vegetables be distributed? 12;1 Classroom El Central quad E] Hallway D Other The fresh fruit and vegetable trays will be served in the Kindergarten Through Sixth Grade self-contained classroom. This classroom is located on the Children's Village c.'amps, :n the sc.::ool When will the fruits and vegetables be distributed? (Check all that apply) f:X1 Between breakfast and lunch [XI After iunch, but before the end of the school day Page 1 of 5 Fresh Fruit and Vegetable Program Grant Proposal FY 2010-2011 Mat method will be used to widely publicize, within the schcol, the availability of free fruits and vegetables? 22 Posters School Websites El Announcements ZI Newsletter El Other (describe) Posters will be created and hung in the school and withbn the self-contained classroom to publicbze the availability of fresh fruits and vegetables twice daily to the K-E classroom children How will nutrition education be provided to students about fruits and vegetables? Nutrition education will be provided by the self-contained assigned Waterford District teatner, who is Special Education Certified, with a Master Degree in L-dsabled and with a Bachelor Degree in Emotionally Impaired (K-12). is available with the :Dakland County Health Division Registered Nurse, Who is at Children's Village. School Learn! Consultation stationed 3ape 2 of 5 Fresh Fruit and Vegetable Program Grant Proposal FY 200-2011 Describe how the implementation plan is integrated in one of the following efforts: (NOTE: choose a, b or c. You do not hive to choose all three.) a) Integrate the FFVP with other efforts to either promote sound health and nutrition. OR b) Reduce overweight and obesity Encouraging the children to eat fresh fruit and vegetables, and teaching them about the nutritional advantages will cause the children to choose fresh fruits and vegetables, instead of higher calorie/lower nutrition foods and snacks. Eating healthier will result in the ingestion of fewer calories, and the maintenance or establishment of a healthy, non-overweight body. Healthy-weight children are better able to maintain a healthy weight throughout adulthood. OR Page 3 of 5 Fresh Fruit and Vegetable Program Grant Proposal FY 2010-2011 c) Promote physical activity 4. Description of Partnership Activities Undertaken or Planned While optiona:, each school is encouraged to develop partnerships with one or more entities that will provide nen-federal resources. (Check all that apply) MSL: extension 0 Local Hospital O Local universities O Bite Cross Blue Shield or other health insurance company E American Heart Association El Local farmer&frowers riL Food vendors or distributors 2:1 Other (describe) Waterford School District teacher, v.•h euppon of school principal, will provide program nutrition education within classroom. Local produce vendors will provide fresh fru its ar.d vegetables. .age 4 of 5 Fresh Fruit and Vegetable Program Grant Proposal FY 2010-2011 5. Has this school ever received the USDA Fresh Fruit and Vegetable Program (FFVP) grant, including the FFVP pilot grant? ET Yes El No If Yes, were all grant funds spent within the specified grant period? El Yes 0 No Page 5 of 5 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, (Pl. 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). Check this box to certify that the elementary school operated by the RCCI is located on site. Please provide an explanation of how the RCCI will comply with the following requirements: 1. An R.CCI operating an elementary school program during the day may participate in the FR/P. Explain 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, The FFVP may be available only during the school day, not before or after regular school hours. Explain how this requirement will be adhered to. The fresh fruit and vegetable trays will be distributed to the children within the self- contained classroom each mid-morning and each mid-afternoon, during class sessions, Monday through Friday. 3. The FFVP snacks cannot he provided at the same time as the service of the breakfast or lunch program. Explain how this requirement MIL be adhered to. The fresh fruit and vegetable trays will be served in the self-contained classroom of the campus school building, Monday through Friday, when classes are in session. Our breakfast and lunch programs are served outside ciass session times, and within the buildings where the children reside. 4, Who will oversee the FFVP program in the RCCI to ensure the program follows all FFVP requirements? The Children's Vilage Administrator, 5 /10 /2010 Fresh Fruit and Vegetable Program Grant Certification of Support FY 2010-2011 District Name: Oakland County Children village District Code: 630005006 School Name: Oakland County Childrens village Building Code: oc000 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 FFVimust be signed by all of the following: As - Aril Email Address: Application Contact Sehet+Prinrirat itq2k—r 3 a P Name: Joanna Overall, Manager Email Address: overallj@oakgov.com 71/771 DiTtriet-Stiverittiewt (or designee): Name; George Miller, Director, Health 6 Human Services Email Address: millerg@oakgov.com Page 1 of 1 MICHIGAN Education SECTION III: ASSURANCES AND CERTIFICATIONS --FEDERAL PROGRAMS- CERTIF aLLEILLEE.GABLIllalaillYINCLECIR_GRANIS_AND_COG PERATIVE 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 or attempting to 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 REGAR D111.11; FIFFIARN1F11 Lek! 11 'iD viaLUNTARY LaVall_TIER COVERED TRANSACTIONS The prospect:ve lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarmert, declared ineligible, or voluntarily excluded from participating in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this pro posa. ASSURANCE WITH 5.ETION Si I 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 dewy: 1) the doliar 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 https://megs.mde.state.mi ,us/menstAssurancesandCertifications.asp?ID-63SaFY --20118zVi... -5/12/.'010 UNDER THIS GRANT 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 NONDISCRTMTNAT1ONI1N1FR FFft=RAII "I Awn STATE ASSISTED PROGRAMS The applicant hereby agrees that It will comply with all federal and Michigan laws and regulations prohibiting discrimination and, 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 Warming 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 RFCOR DS ANn FINANCIAI cTATFivIFNTS The applicant hereby assures that it will provide the pass-through entity, ee., the Michigan Department of Education, and auditors with access to the records and financial state-mentseas -rrecessa-ry 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 TLTLE II OF TELE_AMERICALIS_B_ELLIDISABILITIE5 ACI I.LaleLM.gua_LacjaafgE,N.T. FRVICE5J (for Title II applicants only) The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections for individuals with disabilities. Titie II of the ADA covers programs, activities, and services of public entities, Title II requires that, "No qualified inCividual with a disabiliy shall, by reason of such disability be excluded from participation ir. or be dened the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity." In accordance with Title II ADA provisions, the applicant has conducted a review of its employment and program/service delivery processes and has developed solutions to correcting barriers identified in the review, CERTIFICATION REGARDING TITI F TIT OF THF AMFRMANIC WITH nIqAMITI,ES https://megs.mde.state.mi.us/megs/AssurancesandCertifications.asp7ID -6 3 &FY=20 1 &Vi „ 5/12/201 0 _ACT (A.D.A.), p,L.)(11-. PI MI Tr_ArrnmmonAT1nNS AND COMMERCIAL FAcILITIE (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 on!y 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 highersta-nd-arcis (i.e., program accessibility standards) as set forth in Title III of the ADA for the program or service for which they receive a gTant. 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 guidanceiciarifIcation provided by United States Department of Agriculture/ Food Nutrition Service (USDA/FNS) or the State Agency (SA), USE OF FUNDS a. The SEA 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 SEA 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, U. 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 will be used to gatner 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 estabiished by the SA for each fiscal year. REGULATIONS The SFA must comply with section 19 of the Richard B. Russeil National School ht-tps:iimegs.rndc,state.mi,us/rnegs/AssurancesandCurtifIcations,asp?D=63&FY-2011&Vi... 5/12/2010 Lunch Act (NSLA) and the corresponding cost circular that establishes the principles for cost determination found at OMB Circular A-87, Cost Principles for state, local, and Indian Tribal Governments and OMB Circular A-122, Cost Principles for Non-Profit Organizations. The SEA 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 and 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.eols.gov . NONDISCRIMINATION The SEA 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 Opportunity; Policies And Procedures; b. Title IX of the Educaton Amendments of 1972 (20 U.S.C. 1681 et seq.) ard 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, Nondiscriminaton on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance, and Department of Justice regLiations at 28 CFR Part 41, Implementation Of Executive Order 12250, Nondiscrimination On The Basis Of Handicap In Federally Assisted https://megs.mde.statc ,mi.us/megsfAssurancesandCertifications.asp?1D ---63&FY-2011&Vi... .5/12001C Programs; and d. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). The SEA assures that it will immediately take any measures necessary to effectuate the requirements in these laws, regulations, and directives. The SEA gives this assurance in consideration of and for the purpose of obtaining the funds provided under Lltis dyrterrienl, EVALUATION The SFA will cooperate with any evaluation of the program by providing the SA or USDA/ENS requested data and access to records. The SEA will cooperate with any, as needed, on -site financial and/or technical reviews and audits at any time during the term of the agreement. In addition, the SEA shall make all records pertaining to activities under the grant available for audit purposes. The SEA 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/ENS 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 rights of copyright to which a grantee, sub -grantee or a contractor purchases ownership with grant support. USDA/FNS 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, the 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 !east 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 financia recourse from USDA/ENS or the SA as a result of any liabilities the SEA might incor for bodily :njury or personal property damage resutng from negligent acts, errors, or urriisiunS of he SA, their officers, agerts or employees, or if applicable its sub-granites or Llitir offiders, agents, or employees, in performiiig this ay:=Iiierit. Liabilities of the United States are governec by the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. htps :Om e vs.md e.state.m'..ushne .;s/A cciTnneCCAnCirertifications.aspID-638SY-2011&Vi... 5/: 2/2010 FUNDING 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 NIDE - 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; an or around July 1 and October 1. GRANT PERIOD This grant agreement is effective from July 1, 2010 through June 30, 2011. The July allocation will be available for obligation by schools through September 30, 2010. Funds not obligated by September 30, 2010, will be recovered and will NOT be available for the remainder of School Year (SY) 2010/2011. The second allocation will be made on or about October 1, 2010. Schools can obligate the October funds through June 30, 2011. 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, 2010. All obligations incurred under the July allocation must be liquidated by November 30, 2010. The closeout of the October allocation must occur by August 31, 2011. All obligations incurred under the October allocation must be liquidated by August 31, 2011, NONCOMPLIANCE The SA may unilaterally terminate this grant agreement or recover, withhold, or cancel payment of up to 100 percent of the funds made available under the agreement if the SEA fails to comply with any term of the agreement. The SA will consider failure to comply with the reporting requirements of Ms grant agreement to be a material failure to comply with the agreement and a basis for termination. Grantee agrees to comply with all applicabie 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 faits 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 yr alit oroy:dlitS or the State School Aid Act of 1979 as amended, until the grantee comes into compliance or the matter tics beerl adjudicated and the amount disallowed has been recaptured forfeited). The MDE may withhold uo to 100 percent of any payment based on a monitoring finding, audit tindi piiJiny final report. If the SA decides to take action against the SFA for noncompliance under the grant agreement, the SA wiV provide the SEA written notice of the basis for its determinatcre https://megs.mde. state. mi.us/ine 2.s/Ass u rancesandCertifications. asp?ID=63 &FY=2011 &Ali_ 5/12/2010 $1,749 $1,749 $ 175 $1,574 $1,749 $ 0 FINANCE COMMITTEE ifte—c--eeJ FISCAL NOTE #10300 . November 18, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — 2010/2011 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 $1,749. 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. This award also allows for up to 10% Administrative costs, which may include labor costs for food preparation. 4. Funding period is October 1, 2010 thru June 30, 2011. 5 There is no county match or additional positions required, 6. The Fiscal Year 2011 budget is amended as specified below: CHILD CARE GRANTS Fund 28010 Bud Ref 2011 GR0000000499 Revenue: 1060501-112195-610313 Federal Operating Grants Total Revenue Expenses: 1060501-112195-702010 Salaries 1060501-112195-750462 Provisions Total Expenses FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #10300 November 18, 2010 Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Capello, Coleman, Coulter. Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz. Scott, Taub, Woodward. Zack, Bullard, Burns, (24) 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). vsolea- f HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson, 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 18, 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 18th day of November, 2010. eat Ruth Johnson, County Clerk b