Loading...
HomeMy WebLinkAboutResolutions - 2017.01.26 - 22750MISCELLANEOUS RESOLUTION #1700 January 26,2017 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — MICHIGAN FITNESS FOUNDATION SNAP-ED GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Fitness Foundation (MFF) has awarded the Health Division a grant titled "Supplemental Nutrition Assistance Program Education" (SNAP-ED) to provide nutrition education and food demonstrations to food stamp recipients in Pontiac and Waterford to improve the likelihood of making healthy food choices on a limited budget; and WHEREAS this agreement begins October 1, 2016 through September 30, 2017; and WHEREAS grant funding is in the amount of $42,600 with no match required, an increase of $8 from Fiscal Year (FY) 2016; and WHEREAS this agreement is sufficient to continue funding one (1) Special Revenue (SR) Part Time Non- Eligible (PTNE) Public Health Educator II position that was created in MR #16021 for this project (1060233- 11822); and WHEREAS this Grant Agreement has completed the Grant Review Process in accordance with the Board of Commissioners grant procedures and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Fitness Foundation's agreement in the amount of $42,600, beginning October 1, 2016 through September 30, 2017. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue position in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Grant Agreement and approve changes and extensions not to exceed fifteen percent (15%). Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioner Christine Long, Dist ic 7 Chairperson, General Government mittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Gershenson absent. GRANT REVIEW SIGN OFF Health Division GRANT NAME: FY 2017 USDA Food Stamp Program Supplemental Nutrition Assistance Program — Education (SNAP-Ed) FUNDING AGENCY: Michigan Fitness Foundation DEPARTMENT CONTACT PERSON: Rachel Shymkiw / 452-2151 STATUS: Grant Acceptance DATE: December 20, 2016 Pursuant to Misc. Resolution #13180, 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 (12/19/2016) Department of Human Resources: HR Approved (No Committee) Continues Position — Lori Taylor (12/19/2016) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (12/19/2016) Corporation Counsel: Approved by Corporation Counsel. No issues need to be addressed. — Mary Ann Jerge (12/20/2016) FY 2017 MFF SNAP-Ed Subrecipient Agreement FY 2017 MFF SNAP-Ed Subrecipient Agreement Institution/Organization ("IVIFF") Name: Michigan Fitness Foundation Address: P.O. Box 27187 Lansing, MI 48909 Institution/Organization ("SUBCONTRACTOR") Name: Oakland County Health Division Address: 1200 N. Telegraph, Building 34E Pontiac, MI 48341 FIN No: 38-6004876 Prime Contract No. ADMIN-16-99011 ADMIN-17-99011 Subaward No. FY17 OCHD Awarding Agency Michigan Department of Health and Human Services USDA Food Nutrition Service CFDA Title and No. Food Stamp Program 10361 Subrecipient Period of Performance 10/1/16 to 09/30/17 Maximum Amount Funded $42,600 Project Title Supplemental Nutrition Assistance Program - Education (SNAP-ED) Taste and Try Challenge The undersigned have the lawful authority to bind the Subcontractor and MFF to the terms set forth in this Agreement. Section 291 of the fiscal year 2013 Omnibus Budget, PA 200 of 2012, requires verification that all new employees of the Subcontractor and all new employees of any approved subcontractor, working under this Agreement are legally present to work in the United States. The Subcontractor shall perform this verification using the E-verify system (http://wwwuscis.gov/portal/site/uscis). The Subcontractor's signature on this Agreement is the Subcontractor's certification that verification has and will be performed. The Subcontractor's signature also certifies that the Subcontractor is not an Iran linked business as defined in MCL 129.312. Michigan Fitness Foundation (MFF) hereby awards a cost reimbursable Subrecipient Agreement, as described above, to Subcontractor. The statement of work and budget for this Agreement, herein referred to as the Project Summary and Budget Summary, are included as Attachments 1 and 2 and hereby made a part of this Agreement. In this Agreement Subcontractor is represented as an independent entity and not as an employee or agent of the Michigan Fitness Foundation. 1. PROGRAM REQUIREMENTS 1.1. Services shall be targeted to current SNAP participants and applicants. Clients who have not applied for SNAP may participate in nutrition education programs administered at food banks, low-income schools and child care centers, Summer Food Service Program sites, Women, Infants, and Children (WIC) clinics, community centers participating in CACFP, grocery stores in low-income areas, public housing sites, and other appropriate venues or as otherwise specified in the USDA 2017 SNAP-Ed Guidance or where approval is received by USDA FNS. Subcontractor agrees to follow the specific eligibility criteria outlined in the USDA 2017 SNAP-Ed Guidance. Subcontractor agrees to reach participants who are pre-established in Subcontractor's Project Summary and included in the FY 2017 Michigan SNAP-Ed Plan of Work. Page 1 of 19 FY 2017 NIFF SNAP-Ed Subrecipient Agreement 2. SUBCONTRACTOR RESPONSIBILITIES 2.1. Fiscal Requirements The Subcontractor shall install and maintain an accounting system to identify and support all expenditures billed to MFF under this Agreement as described in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, or elsewhere referred to as OMB Uniform Grant Guidance or UGG, or as provided by applicable law. The accounting system must record all income and expenses for the Subcontractor's total program of which services provided under this Agreement are a part. The accounting system, as a minimum, shall consist of a chart of accounts, cash receipts journal, cash disbursements journal, and general ledger. All expenditures and income must be supported by appropriate source documentation including vouchers and receipts that detail the reason for the transaction. The Subcontractor shall establish and maintain salary and fringe benefits accounts and payroll and activity records for all employees that break out positions, hospitalization, retirement, workmen's compensation, and other fringe benefits. The Subcontractor shall maintain payroll records to support amounts billed to MFF in accordance with the federal timekeeping requirements described in the OMB Uniform Grant Guidance (UGG). 2.2. Billing Method As used in this Agreement, "Cost Documentation" refers to the FY 2017 SNAP-Ed Budget Summary attached hereto as Attachment 2. The Actual Cost Reimbursement Method shall be used in claiming reimbursement under this Agreement, The Cost Documentation is hereby made a part of this Agreement. The Subcontractor certifies that the FY 2017 SNAP-Ed Budget Summary ("Budget" or "Budget Summary") has been prepared in accordance with the Budget Completion Instructions provided by MFF. This document details the amount and object of expenditures for which the Subcontractor shall use funds paid under this Agreement. The Subcontractor is authorized to expend funds only for those resources indicated in the Budget Summary that are allowable, properly allocated and reasonable, as defined in the Budget Summary, and utilized to deliver approved programming. The Subcontractor shall follow and adhere to the Budget Summary. However, expenditures up to a 5% increase or $1,500, whichever is greater, above the direct cost line item budget categories are permissible provided the sum of all expenditures does not exceed the total amount of the Agreement. The Subcontractor shall not be reimbursed for any expenditure incurred in Budget Summary line items that do not include dollar amounts. The Subcontractor must obtain prior written approval from MFF to increase any line item budget category by more than 5% or $1,500, whichever is greater. The MFF representative authorized to approve budget revisions is the Program Contact identified in Attachment 3. The Subcontractor's request for MFF approval must contain sufficient information to allow MFF to identify which Budget Summary line item categories are to be increased and which line item categories are to be decreased, staying within the originally approved budget total and include programming rationale to support the budget revision. For travel costs, including mileage, meals, and lodging, incurred related to services provided under this Agreement, the Subcontractor may bill MFF up to the State of Michigan's Select City rate, or Subcontractor's usual reimbursement rate for employees, whichever is less, as defined in MFF's SNAP-Ed travel rate document found on the MNN website at http://www.michigannutritionnetwork.org Page 2 o119 FY 2017 MFF SNAP-Ed Subrecipient Agreement The Subcontractor shall follow and adhere to the MFF SNAP-Ed travel guidelines outlined in the FY 2017 MFF SNAP-Ed Programming and Operations Manual. The Subcontractor cannot charge MFF more for a provision of service than is charged to other entities for whom the Subcontractor provides services. 23. Billing Procedure The Subcontractor shall submit a Monthly Invoice to MFF. The invoice shall indicate actual expenditures incurred broken out by category of expense in the performance of this Agreement for the period being billed and the units of service delivered. The invoice shall be submitted to MFF within 15 days from the end of the monthly billing period. MFF may not make a payment to the Subcontractor for billings submitted more than 90 days after the end of a billing period. Monthly and year-end billing procedures are outlined in Section 2,12.1 - Reporting. Obligations incurred prior to or after the period covered by this Agreement shall be excluded from the Subcontractor's Monthly Invoice. 2.3.1. Billing Documentation Subcontractor shall submit all supporting documentation to MFF for each monthly invoice. Z3.2. Billing Documentation Subcontractor shall submit invoice and all supporting documentation to MFF for each monthly invoice, Subcontractor shall retain all supporting documentation for this agreement in their formal grant record. 2.4. Federal Guidelines for Use of Federal Funds In order for MFF to comply with the Federal Funding Accountability and Transparency Act (FFATA), the Subcontractor shall provide the following information: The names and total compensation of the five most highly compensated officers of the entity if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards; and $25,000,000 or more in annual gross revenues from federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). The information may be mailed to the address below or FAX to (517) 347-8145. Michigan Nutrition Network Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 2,5. Support of Wages Charged for this Agreement The Subcontractor certifies their organization's time and effort and fringe benefit practices align with OMB Uniform Grant Guidance 2 CFR 200.430. Subcontractor is required to review, sign and submit Attachment 6 and accompanying documents to MFF with this signed Agreement. Upon written request of MFF, the Subcontractor shall submit employee activity sheets to support the amount of wages charged on the Monthly Invoice, MFF will identify a specific Monthly Invoice and request the Subcontractor to submit all employee activity sheets for employees who were Page 3 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement charged in whole or in part to MFF, along with any other schedules or work papers necessary to support the amount of wages charged in accordance with the OMB Uniform Grant Guidance. The Subcontractor shall provide the requested information as outlined in the written request. If, after review of the information, MFF determines that the Subcontractor is in substantial compliance with documentation requirements related to compensation, MFF will communicate with the Subcontractor that no further action is necessary. In the event the Subcontractor cannot support the amount of wages charged, MFF may, at its discretion, request recoupment for the difference between the amount charged and the amount that can be supported by the activity sheets. 2.6. Current and Pending Funding All Subcontractors are required to submit as an attachment (Attachment 7) to this agreement a copy of their key staffs current and pending funding allocation(s). MFF shall inform Subcontractor in writing of the specific key staff listed in Attachment 2 Budget Summary who are required to complete this document. 2.7. Fees and Other Sources of Funding The Subcontractor guarantees that any claims made to MFF under this Agreement shall not be financed by any source other than MFF under the terms of this Agreement. If funding is received through any other source, the Subcontractor agrees to deduct from the amount billed to MFF the greater of either the fee amounts, or the actual costs of the services provided. 2.8. Recoupment of Funding and Repayment of Debts 2.8.1. Recoupment of Funding If the Subcontractor fails to comply with requirements as set forth in this Agreement, or fails to submit a revised Monthly Invoice within allotted time frames established by MFF in consultation with the Subcontractor, MFF may, at its discretion, recoup or require the Subcontractor to reimburse payments made under this Agreement which MFF has determined that the Subcontractor has been overpaid. The Subcontractor is liable for any cost incurred by MFF in the recouprnent of any funding. Upon notification by MFF that repayment is required, the Subcontractor shall make payment directly to MFF within 30 days or MFF may withhold current or future payments made under this or any other agreements, current or future, between MFF and the Subcontractor. If the Subcontractor fails to: (1) correct noncompliance activities identified by MFF, (2) submit revised billings as requested as part of a Corrective Action Plan when required; or (3) remit overpayments or make arrangements to have the overpayments deducted from future payments within 30 days, such failure shall constitute grounds to terminate immediately any or all of MFF's agreements with the Subcontractor. MFF shall also report noncompliance of the Subcontractor to the Michigan Department of Health and Human Services. Such report may result in the Subcontractor's debarment from further contracts with the state of Michigan. 2.8.2. Repayment of Debts and Other Amounts due MFF By entering into this Agreement, the Subcontractor agrees to honor all prior repayment agreements established by MFF with the Subcontractor or Subcontractor's predecessors. If the Subcontractor has an outstanding debt due to MFF but does not have a repayment agreement, the Subcontractor agrees to make monthly payments to MFF at an amount not Page 4 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement less than 5% of any outstanding balance and to begin on the date this Agreement is executed. If the Subcontractor fails to honor prior repayment agreements, or the Subcontractor fails to begin repayment on an obligation due MFF that is not subject to a repayment agreement, MFF will initiate the administrative process to reduce payments to the Subcontractor under this Agreement to recoup the debt, The payment reduction will be made at the amount originally established in the repayment agreement or at an amount not less than 5% of any outstanding balance effective on the date this Agreement is executed. 2.9. Credentials The Subcontractor shall assure that only appropriately credentialed or trained staff and volunteers under its control, including Subcontractor employees and/or subcontractors, shall perform functions or provide services under this Agreement. By signing this Agreement, Subcontractor certifies that the Subcontractor, Subcontractor's employees, volunteers and subcontractors shall obtain and maintain institutional or applicable certification in safe food handling procedures and food service sanitation before performing activities on this project that require such credentials or training. 2,10. Subcontracts and Vendor Agreements The Subcontractor shall not assign this Agreement or subcontract this Agreement to other parties without obtaining prior written approval of MFF. MFF, as a condition of granting such approval, shall require that such assignees or Subcontractors shall be subject to all conditions and provisions of this Agreement including Criminal Record and Central Registry background checks when applicable. The Subcontractor shall be responsible for the performance of all assignees or Subcontractors. Subcontractor shall be exclusively restricted to purchases of those services and/or commodities that are reasonable and necessary to the provision of services identified herein. Subcontractor shall make purchases, in accordance with the UGG and the Subcontractor's agency-wide written procurement procedures. 2.11. Audit Requirements Subrecipient Relationship This Agreement constitutes a subrecipient relationship with MFF. The Subcontractor is required to comply with all federal regulations related to the accounting and auditing of the federal award used to fund this Agreement. This includes, but is not limited to, compliance with OMB Uniform Grant Guidance 2 CFR Part 200, Regulations applicable to funding sources are included in the Catalog of Federal Domestic Assistance (CFDA). The Federal Program Title, CFDA number and federal financial participation (FFP) rate MFF will use for this Agreement are: Federal Program Title CFDA # , FFP% Food Stamp Program (Supplemental Nutrition Assistance Program - Education) 10.561 100 However, the awarding agency may change the CFDA number and/or FFP rate during the course of this Agreement Any change to the CFDA number and/or FFP rate during the Page 5 of 19 FY 2017 MEP SNAP-Ed Subrecipient Agreement course of this agreement will be reported to Subcontractor by MFF. Subcontractor agrees to participate in audit cost related to the audit as described in other sections of this Agreement such as Section 2.11.4 and the Subcontractor's Budget Summary in Attachment 2. 2.11.2. Audit Reports that Contain a Going Concern Statement If an audit firm conducts an audit of the Subcontractor and issues an audit report with a finding of a Going Concern, the Subcontractor must submit this audit report to MFF within 10 days from the date of the audit report. The submission of this audit report to MFF is required regardless of whether an audit is required under this Agreement. A Subcontractor receiving a Going Concern must submit a financial plan to MFF no later than 25 days from the date of the audit report issued by the audit firm. The financial plan must be approved by MFF. Failure of the Subcontractor to either timely submit the audit report with the Going Concern, or timely submit a financial plan, or MFF's rejection of the Subcontractor's financial plan, are grounds for immediately terminating this Agreement. Mailing address for all audit information: Michigan Nutrition Network Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 2.11.3. Audit Reporting Requirements The Subcontractor must immediately report to MFF accounting irregularities including noncompliance with provisions of this Agreement. If the Subcontractor is required to have a single audit performed as defined in the OMB Uniform Grant Guidance (UGG), the Subcontractor must submit the reporting package and an audit transmittal letter to MFF at the address that follows and in accordance with the time frame established in the UGG. The reporting package includes: a. Financial statements and schedule of expenditures of federal awards b. Summary schedule of prior audit findings c. Auditor's report(s) d. Corrective action plan, if applicable Mailing address for all information: Michigan Nutrition Network Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 2.11.4. Audit Cost Cost of the single audit can only be charged to this Agreement if there is a provision within this Agreement that allows payment for the single audit cost. No audit cost may be charged to this Agreement if the Subcontractor is not required by federal requirements to have a single Page 6 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement audit. No audit costs may be charged to MFF when audits required by this Agreement have not been performed or have not been performed in accordance with the OMB Uniform Grant Guidance. Late submission (as defined in OMB Uniform Grant Guidance) of the single audit report is considered non-compliance with this section and may be grounds to impose sanctions. 2.11.5. Sanctions MFF may impose sanctions if the Subcontractor fails to adhere to any of the audit requirements or reported issues of non-compliance in this Agreement. In cases of continued inability or unwillingness on the part of the Subcontractor to comply with audit requirements or reported issues of non-compliance, MFF may impose sanctions such as: a. Withholding a percentage of the federal awards until the audit is completed satisfactorily. b. Withholding or disallowing overhead costs. c. Suspending federal awards until the audit is conducted. d. Terminating the federal award. e. Recouping the federal payments made to the Subcontractor under this or any other agreements between MFF and the Subcontractor. 2.12. Reporting 2.12.1. Monthly Invoices Monthly Invoices are due to NO LATER THAN the fifteenth (15th) of the following month. Year-end encumbrance and final invoice due dates will be determined by DFIHS. The due date for the FINAL invoice for actual costs will be sent out by MFF to Subcontractors once MFF is notified of year-end deadlines by DHHS. A closing statement of cumulative costs incurred and/or encumbered, must be submitted to MFF by the announced due date. Subsequently final invoice for actual costs, not to exceed encumbered costs submitted, must be submitted to MFF, by announced due date, and shall constitute Subcontractor's final financial report. In no case may any funds under this agreement be expended after the end of the period of performance or the termination of this Agreement's term. 2.12.2. Monthly program highlights Monthly program highlights should be submitted to MFF NO LATER THAN the fifteenth (15th) of the following month. Program highlights should include a two to three paragraph summary of the activity defined in Attachment 1 and implemented during that monthly period. Further clarification is found in the FY 2017 MFF SNAP-Ed Programming and Operations Manual and on the MNN website. 2.12.3. Mid-year, Year-end reports and EARS data A mid-year progress report, in narrative form, as directed on the MNN website, is due NO LATER THAN April 28, 2017. A final progress report, including information required to complete USDA Education and Administrative Reporting System (EARS), as directed on the MNN website, is due NO LATER THAN November 3, 2017. Page 7 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement 2.12.4. Evaluation Evaluation of SNAP-Ed intervention outcomes and impacts is an important responsibility of the Subcontractor. Each component of SNAP-Ed programming (e.g. nutrition education in schools, nutrition education for adults, promotion of physical activity) should be evaluated to assess the effectiveness of the Subcontractor's interventions in achieving the SMART objectives in the Subcontractor's proposal. A narrative summary of the Subcontractor's evaluation progress will be expected in the mid-year and year-end progress reports. Refer to the FY 2017 MFP SNAP-Ed Programming and Operations Manual and MNN website for further guidance. 2.12.5. Data All data collected in support of this agreement including evaluation data and IRB approval if obtained shall be returned to MFF by November 3,2017. 2.13. Multi-Media Release The Subcontractor will comply with program requirements and ensure the privacy and/or sufficient parental/guardian release for all children and adults who participate in activities under this agreement. See FY 2017 MFF SNAP-Ed Programming and Operations Manual and MNN Website for additional detail and example of multi-media release. 2.14. Evaluation Because concurrent research and evaluation may impact evaluation of the work of this contract, all related evaluation efforts must be disclosed, MFF must receive a written scope of work and budget for other research and/or evaluation in areas related to this project's statement of work, as defined in Attachment 1, within the project target population. Subcontractor will participate in statewide evaluation protocol as determined by MFF and agreed to in the funding proposal. Protection of the rights of human subjects shall be considered in all evaluation. If IRB approval is obtained, a copy must be submitted to MFF. Should MFF, DHHS or USDA determine that additional specific evaluation or reporting components are required at any point in the contract year, the Subcontractor shall comply with these requirements. 2.15. Overlapping Program Assurances Subcontractor shall provide the following assurances when more than one SNAP-Ed program is serving the same geographically located target audience represented in this agreement: 2.153. A system is in place to account for reach numbers, including documentation of a strategy to assure unduplicated reach. 2.15.2. A memo is written on behalf of all agencies involved substantiating the program agreements; ensuring complimentary programming by all agencies and not duplication of effort. 2.15.3. Memo referenced in Section 2.15.2 is sent to MFF/MNN for file. 2.16. Pre-Approvals Subcontractor assures that required pre-approvals outlined in the FY 2017 MFF SNAP-Ed Page 8 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement Programming and Operations Manual will be obtained prior to conducting, developing, ordering, and seeking reimbursement for products, materials and/or services. It is the Subcontractor's responsibility to obtain and document required pre-approvals necessary to support these expenditures even through they are documented in the Project Summary and Budget. Subcontractor assures that required pre-approvals will be obtained for any and all work not defined in the Project Summary and Budget. If the Subcontractor fails to obtain the required pre-approval, reimbursement for expenditures may be denied. 2.17. Communication Subcontractor assures it will notify and invite MFF to participate in any formal or informal visits from members of DHHS and USDA. 2.17.1. Logo Subcontractor agrees to follow established guidelines for using the Michigan SNAP-Ed logo, MFF logo, DHHS logo, and USDA logo were and when applicable. Guidelines for logo use can be found on MNN's website at: http://vvww.michigannutritionnetwork.org . 2.17.2. USDA Civil Rights and Nondiscrimination Statement Subcontractor assures it will adhere to the most current civil rights and nondiscrimination statement requirements as defined in the FY2017 MFF SNAP-Ed Programming and Operations manual or to updates posted on the MNN website at: http://www.michigannutritionnetworkorg . 2.17.3, Resources, publications, materials and data In accordance with the USDA 2017 SNAP-Ed Guidance, Federal Royalty Rights (2 CFR 200.315(b)), the funding entities reserve a royalty-free, non-exclusive, right to reproduce, publish, use or authorize others to use native de-identified data files up to and including: photocopies, video, audio and motion graphic files, graphics including photos and illustrations, computer programs and related source code including websites, databases, desktop applications, web applications and interactive media, literature, evaluation data and/or other products produced with SNAP-Ed funds for government purposes. The Subcontractor may sell or reproduce such items described above to other States for SNAP-Ed purposes at the cost of reproduction, plus shipping and handling. If Subcontractor realizes program income from the sale of the above mentioned items, it shall report the amount to MFF as program income. Further expectations are clarified in the 2017 USDA SNAP-Ed Guidance. Michigan Fitness Foundation professional staff that contributes effort to electronic and/or printed materials and publications shall be included as authors. 2.17.4. Required Communication Pre -Approvals All materials, manuscripts, communications (printed, electronic, or other media venues), reports, or other products of this project, to be used beyond local programming for broad dissemination regionally, state-wide or nationally, or communities in crisis as specified by Michigan Fitness Foundation, must be provided to Michigan Fitness Foundation for a 30 business day review period prior to use or distribution. Media releases of statewide significance (including promotional literature and commercial advertisements) pertaining to the Agreement or project to which it relates must not be made without prior written MFF approval, and then only in accordance with the explicit written instructions of MFF. Page 9 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement 2.18. Criminal Background Checks As a condition of this Agreement, the Subcontractor certifies that the Subcontractor shall, prior to any individual performing work under this Agreement, conduct or cause to be conducted for each new employee, employee, subcontractor, subcontractor employee, or volunteer who works directly with: Clients under this Agreement, or who has access to client information, an Internet Criminal History Access Tool (ICHAT) check and a National and State Sex Offender Registry check. • Information about ICHAT can be found at http://apps.michigan.gov/ichat. • The Michigan Public Sex Offender Registry website address is http://www.mipsor.stateani.us . • The National Sex Offender Public website address is http://www.nsopw.gov . Children under this Agreement, a Central Registry (CR) check. • Information about CR can be found at http://www.mi.gov/DHHS /0,1607,7-124-5452_7119_48330-180331--,00.html. The Subcontractor shall require each new employee, employee, subcontractor, subcontractor employee, or volunteer who works directly with clients or who has access to client information under this Agreement to notify the Subcontractor in writing of criminal convictions (felony or misdemeanor), and/or pending felony charges, or placement on the Central Registry as a perpetrator, at hire or within 10 days of the event after hiring Additionally, the Subcontractor shall require each new employee, employee, subcontractor, subcontractor employee, or volunteer who works directly with clients under this Agreement or who has access to client information and who has not resided or lived in Michigan for each of the previous 10 years to sign an affidavit attesting to the fact that they have never been convicted of a felony or identified as a perpetrator, or if they have, the nature and recency of the felony. For school-based programs, any subcontract with a public school may use the school's normal process for completing criminal history checks, required by Michigan Law 380.1230 (state check) and 1230a (federal check), in place of the ICHAT, National and State Sex Offender Registry, and Central Registry checks. The Subcontractor further certifies that the Subcontractor shall not submit claims for or assign duties under this Agreement to any new employee, employee, subcontractor, subcontractor employee, or volunteer based on a determination by the Subcontractor that the results of a positive ICHAT and/or a CR response or reported criminal felony conviction or perpetrator identification make the individual ineligible to provide the services. The Subcontractor must have a written policy describing the criteria on which its determinations shall be made and must document the basis for each determination. The Subcontractor may consider the recency and type of crime when making a determination. Failure to comply with this provision may be cause for immediate cancellation of this Agreement. In addition, the Subcontractor must further have a written policy regarding acceptable screening practices of new staff members and volunteers who have direct access to clients and/or client's personal information, which serve to protect the organization and its clients that is clearly defined. Page 10 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement If DHHS and/or MFF determines that an individual provided services under this Agreement for any period prior to completion of the required checks as described above, DHHS and/or MFF may require repayment of that individual's salary, fringe benefits, and all related costs of employment for the period that the required checks had not been completed. 3. MFF RESPONSIBILITIES 3.1. Payment MFF shall make payments to the Subcontractor after Subcontractor's Monthly Invoice is reviewed and approved and MFF has been reimbursed by MDHHS. Subcontractor's Monthly Invoice should detail budgeted program expenditures as set forth in the Cost Documentation attached to this Agreement. 3.2. Maximum Amount of Agreement MFF hereby agrees to pay the Subcontractor an amount not to exceed $42,600 for services performed in accordance with the terms of this Agreement exclusively during the period October 1, 2016 to September 30, 2017, 3,3. Comnliance/Monitoring Criteria The services provided by the Subcontractor under this Agreement shall be evaluated by MFF on the basis of the following criteria: 3.3.1. Timely submission of all reports as defined in Section 2.12. - Reporting. 33.2, Satisfactory compliance reviews as defined in the FY2017 MFF SNAP-Ed Programming and Operations Manual. 3.3.3. Program delivery and expense reporting as defined in the Project Summary and Budget Summary in Attachments 1 and 2. 3.3.4. Attendance at SNAP-Ed University (SNAP-Ed-U) and as applicable attendance at the SNAP-Ed Finance Webinar. 3.3.5. Adherence to all contractual requirements as defined in this Agreement. 3.3,6. Past performance delivering the same SNAP-Ed grant. 3.4. Compliance/Monitoring Requirements DHHS and MFF reserve the right to perform scheduled and unscheduled on-site visits during normal business hours, to monitor the Subcontractor's activities under this Agreement at any time, either during the term, or within four years after termination of the Agreement. The Subcontractor shall cooperate with DHHS and MFF during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If DHHS and/or MFF detect noncompliance with this Agreement and/or questioned costs during the course of its review, these items shall be identified and conveyed to the Subcontractor in an exit conference. MFF or DHHS shall provide the Subcontractor with a detailed written report of these findings within 30 days of the exit conference. The Subcontractor is required to address each item in MFF's or DHHS' report by providing a Corrective Action Plan (CAP) to eliminate or correct each issue of noncompliance. The Subcontractor shall submit the Corrective Action Plan to MFF or DHI IS within 30 days from issuance of the report. Page 11 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement If DHHS or MFF identifies questioned costs that cannot be substantiated, MFF may, at its discretion, and after consultation with the Subcontractor, require the Subcontractor to submit a revised Monthly Invoice to reflect adjustment for disallowed costs. Submission of revised billings to MFF shall be made within a time schedule established by MFF and the Subcontractor. If the Subcontractor fails to comply with monitoring requirements as set forth in this Agreement, and within allotted time frames mutually established, MFF may, at its discretion, invoke sanctions on the Subcontractor, which may include, but are not limited to, actions to collect disallowed costs and/or cancellation of the Agreements. 4. GENERAL PROVISIONS 4.1. Amendments 4.1.1. Federal or State Laws or Regulations The Subcontractor shall, upon request of MFF and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of MFF, due to the revision of federal or state laws or regulations. If the Subcontractor refuses to sign such amendment within 15 days after receipt, this Agreement shall terminate upon such refusal. This Agreement may otherwise be amended only by the written consent of all the parties hereto. 4.1.Z Change Requests MFF reserves the right to request from time to time any changes to the requirements and specifications of this Agreement and the work to be performed by the Subcontractor under this Agreement. During the course of ordinary business, it may become necessary for MFF to discontinue certain business practices or create additional services/deliverables. At a minimum, to the extent applicable, MFF will require the Subcontractor to provide a detailed outline of all work to be done, including tasks necessary to accomplish the services/deliverables, timeframes, listing of key personnel assigned, estimated hours for each individual per task, and a complete and detailed cost justification. If the Subcontractor does not so notify MFF, the Subcontractor has no right to claim thereafter that it is entitled to additional compensation in accordance with this agreement for performing that service or providing that deliverable. Changes to the Agreement should be made no later than August 15, 2017. Change Requests: a. By giving Subcontractor written notice within a reasonable time, MFF must be entitled to accept a Subcontractor proposal for change, to reject it, or to reach another agreement with Subcontractor. Should the parties agree on carrying out a change, a written amendment must be prepared and issued under this Agreement, describing the change and its effects on the services and any affected components of this Agreement. b. No proposed change must be performed until the proposed change has been specified in a duly executed amendment issued by MFF. c. If MFF requests or directs the Subcontractor to perform any activities that Subcontractor believes constitute a change, the Subcontractor must notify MFF that it believes the requested activities are a change before beginning to work on the requested activities. If the Subcontractor fails to notify MFF before beginning to work on the requested activities, then the Subcontractor waives any right to assert any claim for additional compensation Page 12 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement or time for performing the requested activities. If the Subcontractor commences performing work outside the scope of this Agreement and then ceases performing that work, the Subcontractor must, at the request of MFF, retract any out-of-scope work that would adversely affect this Agreement. 4.2. Confidentiality 4,2.1. The Subcontractor and MFF each acknowledge that the other possesses and will continue to possess confidential information that has been developed or received by it. As used in this section, "confidential information" of the Subcontractor must mean all non-public proprietary information of the Subcontractor (other than confidential information of MFF as defined below) which is marked confidential, restricted, proprietary or with a similar designation. Confidential information of MFF must mean any information which is retained in confidence by MFF and/or DEIHS (or otherwise required to be held in confidence by MFF and/or DHHS under applicable federal, state and local laws and regulations) or which, in the case of tangible materials provided to the Subcontractor by MFF under its performance under this Agreement, is marked as confidential, proprietary or with a similar designation by MFF. Confidential information includes information made privileged or confidential under federal and state laws and excludes any information (including this Agreement) that is publicly available under the Freedom Of Information Act. 1976 Public Act 442, as amended, MCL 15.231, et seq. 4.2.2. MFF and the Subcontractor will each use at least the same degree of care to prevent disclosing to third parties the confidential information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own confidential information of like character, but in no event less than reasonable care. Neither the Subcontractor nor MFF will (1) make any use of the confidential information of the other except as contemplated by this Agreement, (ii) acquire any right in or assert any lien against the confidential information of the other, or (iii) if requested to do so, refuse for any reason to promptly return the other party's confidential information to the other party. Each party will limit disclosure of the other party's confidential information to employees and subcontractors who must have access to fulfill the purposes of this Agreement. At MFF's request, any employee of the Subcontractor having access or continued access to MFF and/or DHHS's confidential information may be required to execute an acknowledgement that the employee has been advised of the Subcontract and the Subcontractor's obligations under this section and of the employee's obligation to the Subcontractor to protect the confidential information from unauthorized use or disclosure. Promptly upon termination or cancellation of this Agreement for any reason, the Subcontractor must return to MFF all confidential information or data. Should the Subcontractor or MFF determine that returning confidential information or data is not feasible, Subcontractor must certify to MFF that it has destroyed all MFF and/or DHHS confidential information or data. 4.3. Compliance with Rules and Regulations 4.3_1. Conflicts and Ethics Subcontractor will uphold ethical standards and is prohibited from: a. Holding or acquiring an interest that would conflict with this Agreement. Page 13 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement b. Doing anything that creates an appearance of impropriety with respect to the award or performance of this Agreement. c. Attempting to influence or appearing to influence any State employee by the direct or indirect offer of anything of value; or d. Paying or agreeing to pay any person, other than employees and consultants working for Subcontractor, any consideration contingent upon the award of this Agreement. Subcontractor must immediately notify MFF of any violation or potential violation of these standards. This Section applies to Subcontractor, any parent, affiliate, or subsidiary organization of Subcontractor and any subcontractor that performs Agreement Activities in connection with this Agreement. 4.3.2. Compliance with Laws Subcontractor must comply with all federal, state and local laws, rules and regulations, including but not limited to a. FY 2017 MFF SNAP-Ed Programming and Operations Manual b. 2017 USDA SNAP-Ed Guidance c. OMB 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 4.3.3. Nondiscrimination Under the Elliot-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Rights Act, 1976 PA 220, MCL 37,1101, et seq., and in accordance with USDA 2017 SNAP-Ed Guidance, Subcontractor and its subcontractors agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, gender identity (including gender expression), sexual orientation, height, weight, marital status, or mental or physical disability. Breach of this covenant is a material breach of this Agreement. 4.3.4. Unfair Labor Practice Under MCL 423.324, MFF may void any Agreement with a Subontractor or subcontractor who appears on the Unfair Labor Practice register compiled under MCL 423.322, 4.3.5. Governing Law This Agreement is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to our arising out of this Agreement are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Agreement must be resolved in Michigan Court of Claims. Subcontractor consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. Subcontractor must appoint agents in Michigan to receive service of process. 4.4. Examination and Maintenance of Records MFF or DI-111S or its designee may audit Subcontractor to verify compliance with this Agreement. Subcontractor must retain, and provide to MFF or MIS or its designee and the auditor general upon request, all financial and accounting records related to this Agreement through the term of this Page 14 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement Agreement and for four (4) years after the latter of termination, expiration, or final payment under this Agreement or any extension ("Audit Period"). If an audit, litigation, or other action involving the records is initiated before the end of the Audit Period, Subcontractor must retain the records until all issues are resolved. Within 10 calendar days of providing notice, MFF or DHHS and its authorized representatives or designees have the right to enter and inspect Subcontractors premises or any other places where Agreement Activities are being performed, and examine, copy, and audit all records related to this Agreement. Subcontractor must cooperate and provide reasonable assistance. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of this Agreement must be paid or refunded within 45 calendar days. This Section applies to Subcontractor, any parent, affiliate, or subsidiary organization of Subcontractor, and any subcontractor that performs Agreement Activities in connection with this Agreement. 4.5. Agreement Inclusiveness This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 4.6. Certification Regarding Debarment, Suspension, and Other Responsibility Matters The Subcontractor certifies to the hest of its ability and knowledge that they and their principals: 4.6.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. 4.6.2. Have not within a three-year period preceding this Agreement been convicted of or had civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 4.6.1 Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in 28 CFR 67, et sec. 4.6.4, Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Subcontractor shall attach an explanation to this Agreement The Subcontractor shall promptly notify MFF of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Subcontractor or any of the Subcontractor's contractors, or any of the foregoing entities' then current officers or directors during the term of this Agreement and three years thereafter. Page 15 of 19 FY 2017 DUE' SNAP-Ed Subrecipient Agreement All notices shall be provided in writing to MFF within 15 business days after the Subcontractor learns about any such criminal or civil investigations and within 15 days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Subcontractor shall disclose if any terms of such settlement would impede the Subcontractor's performance of this Agreement. The Subcontractor may rely on similar good faith certifications of its contractors, which certification shall be available for inspection at the option of MFF. The Subcontractor certifies to the best of its knowledge that within the past three years, the Subcontractor has not; a. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. b. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. c. Failed to respond to requests for information regarding contract compliance, or accumulated repeated substantiated complaints regarding performance of a contract. d. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Subcontractor shall include Section 4.6. - Certification Regarding Debarment, Suspension, and Other Responsibility Matters, language as written above in all subcontracts with other parties. The Subcontractor shall require each primary contractor, whose subcontract will exceed $25,000, to disclose to the Subcontractor, in writing, whether as of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Subcontractor shall then inform MFF of the subcontractor's status and reasons for the Subcontractor's decision to use such subcontractor, if the Subcontractor so decides. If it is determined that the Subcontractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, MFF may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Subcontractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Subcontractor does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Subcontractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1. 4.7. Severability Each provision of this Agreement shall be deemed to be severable from all other provisions of this Agreement and, if one or more of the provisions of this Agreement shall be declared invalid, the remaining provisions of this Agreement shall remain in full force and effect. 4.8. Disputes The Subcontractor shall notify MFF in writing of intent to pursue a claim against MFF for breach of any terms of this Agreement. No suit may be commenced by the Subcontractor for breach of this Page 16 of 19 FY 2017 NIFF SNAP-Ed Subrecipient Agreement Agreement prior to the expiration of 90 days from the date of such notification. Within this 90 day period, the Subcontractor, at the request of MFF, must meet with the Administrator of MF F or designee for the purpose of attempting resolution of the dispute. 4.9. Termination/Cancellation 4.9.1. Notice and Right to Cure If the Subcontractor breaches this Agreement, and MFF, in its sole discretion, determines that the breach is curable, then MFF must provide the Subcontractor with written notice of the breach and a time period (not less than 30 days) to cure the breach. The notice of breach and opportunity to cure is inapplicable for successive or repeated breaches or if MFF determines, in its sole discretion, that the breach poses a serious and imminent threat to the health and safety of any person or the imminent loss, damage, or destruction of any real or tangible personal property. 4.9.2. Stop Work Orders MFF may suspend any or all activities under this Agreement at any time. MFF will provide Subcontractor a written stop work order detailing the suspension. Subcontractor must comply with the stop work order upon receipt. Within 90 calendar days, or any longer period agreed by the Subcontractor, MFF will either: (a) issue a notice authorizing Subcontractor to resume work, or (b) terminate this Agreement. MFF will not pay for Agreement Activities, Subcontractor's lost profits, or any additional compensation during a stop work period.. 4.9.3. Termination for Cause MFF may terminate this Agreement, for cause, in whole or in part, if Subcontractor, as determined by MFF: a. Endangers the value, integrity, or security of any location, data or personnel; b. Becomes insolvent, petitions for bankruptcy court proceedings, involuntary bankruptcy proceeding filed against it by any creditor; c. Engages in any conduct that may expose MFF to liability; d. Breaches any of its material duties and obligations; or e. Fails to cure a breach within the time stated in a notice of breach. or has any Any reference to specific breaches being material breaches within this Agreement will not be construed to mean that other breaches are not material, If MFF terminates this Agreement under this Section, MFF will issue a termination notice specifying whether Subcontractor must (a) cease performance immediately, or (b) continue to perform for a specified period. If it is later determined that Subcontractor was not in breach of this Agreement, the termination will be deemed to have been a Termination of Convenience, effective as of the same date, and the rights and obligations of the parties will be limited to those provided in Section 4.9.4. - Termination for Convenience. MFF will only pay for amounts due to Subcontractor for Agreement Activities accepted by MFF on or before the date of termination, subject to MFF's right to set off any amounts owed by the Subcontractor for MFF's reasonable costs in terminating this Page 17 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement Agreement. The Subcontractor must pay all reasonable costs incurred by MFF in terminating this Agreement for cause, including administrative costs, attorneys' fees, court costs, transition costs, and any costs MFF incurs to procure the Agreement Activities from other sources. 4.9.4. Termination for Convenience MFF may immediately terminate this Agreement in whole or in part without penalty and for any reason, including but not limited to, appropriation or budget shortfalls. The termination notice will specify whether Subcontractor must: (a) cease performance of the Agreement Activities immediately, or (b) continue to perform the Agreement Activities in accordance with Section 4.9.5 - Transition Responsibilities. If MFF terminates this Agreement for convenience, MFF will pay all reasonable costs, as administered by MFF, for MFF approved Transition Responsibilities. The Subcontractor may terminate this Agreement upon 30 days written notice to MFF at any time prior to the completion of the Agreement Period. 4,9.5. Transition Responsibilities If MFF terminates this Agreement, for convenience or cause, or if this Agreement is otherwise dissolved, voided, rescinded, nullified, expires or rendered unenforceable, the Subcontractor agrees to comply with direction provided by MFF to assist in the orderly transition of equipment, services, software, leases, etc. to MFF or a third party designated by MFF. If this Agreement expires or terminates, the Subcontractor agrees to make all reasonable efforts to effect an orderly transition of services within a reasonable period of time. The Subcontractor must work with MFF, or a specified third party, to develop a transition plan setting forth the specific tasks and schedule to be accomplished by the parties to effect an orderly transition, The Subcontractor must allow as many personnel as practicable to remain on the job to help MFF, or a specified third party, maintain the continuity and consistency of the services required by this Agreement. The Subcontractor must deliver to MFF any remaining owed reports, documentation and deliverables still in Subcontractor's possession subject to appropriate payment by MFF. If the transition results from a termination for any reason, reimbursement must be governed by the termination provisions of this Agreement. 4.9.6. Disclosure of Litigation or other Proceeding Subcontractor must notify MFF within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, "Proceeding") involving Subcontractor, a subcontractor, or other officer or director of Subcontractor or subcontractor, that arises during the term on this Agreement including: a. A criminal Proceeding; b. A parole or probation Proceeding C. A Proceeding under the Sarbanes-Oxley Act; d. A civil Proceeding involving: 1) A claim that might reasonably be expected to adversely affect Subcontractor's Page 18 of 19 FY 2017 MFF SNAP-Ed Subrecipient Agreement viability or financial stability; or 2) A governmental or public entity's claim or written allegation of fraud; or e. A Proceeding involving any license that Subcontractor is required to possess in order to perform under this Agreement. 4.10. Closeout Responsibilities 4.10,1. Closeout When this Agreement is concluded or terminated, for any reason, the Subcontractor shall provide MFF, within 30 days of conclusion or termination, or unless otherwise directed by MFF as year-end deadlines, with all financial, performance and other reports required as a condition of this Agreement. MFF shall within the limit of this Agreement reimburse the Contactor for allowable costs not previously reimbursed. The Subcontractor shall immediately refund to MFF any payments in excess of allowable reimbursable expenditures. 4.102 Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not be construed as terminating the ongoing responsibilities of the Subcontractor or rights of MFF contained in Section 4.4.- Examination and Maintenance of Records and Section 4.10.1. - Closeout of this Agreement. 4.11. Insurance Coverage The Subcontractor shall provide self-insurance necessary to cover all claims which may arise out of the Subcontractor's operations under the terms of this Agreement. The Subcontractor shall provide proof to MFF of such insurance coverage. The Subcontractor shall require all of its subcontractors under the Agreement to purchase and maintain the insurance coverage as described above for the Subcontractor in connection with the performance of work by those subcontractors. As used in this paragraph, subcontractor means a company the Subcontractor delegates performance of a portion of the services to, but does not include independent contracts engaged by the Subcontractor solely in a staff augmentation role. IN WITNESS WHEREOF, MFF and the Subcontractor have caused this Agreement to be executed by their respective officers duly authorized to do so. The Undersigned has the lawful authority to bind the Subcontractor to the terms set forth in this Agreement. MICHIGAN FITNESS FOUNDATION By: By: (Signature) (Signature) James J. Tighe, President and CEO (Print Name) Date: Date: Page 19 of 19 Attachment 1 Michigan Fitness Foundation Updated Project Summary Oakland County Health Division - Taste and Try Challenge 1. SMART Objectives a. By September 30, 2017, 25% of adult participants that have received a minimum of 4 direct nutrition education contacts at a market point-of-access location will report a Y2 cup increase in their daily consumption of fruits and vegetables above baseline. b. By September 30, 2017, 75% of children participating in an 11-week Cooking with Kids curriculum will report a 10% increase in preferences for fruits and vegetables and 5% cooking self-efficacy as measured by pre- and post-test. c. By September 30, 2017, Oakland Country Health Division will partner with up to 5 organizations where nutrition education is already provided to conduct an assessment of the nutrition environment and implement at least 1 recommended environmental/policy improvement. d. By September 30, 2017, partner with a least one director of a school/after-school program where nutrition education is already provided to assess the nutrition/physical activity environment and implement at least 1 recommended improvement. 2. Focus on Target Audience Delivery Site Sites Category and Description Age and Gender SNAP Eligible Reach (direct/indirect) Total Reach SNAP Eligible Contacts . . . (di rect/indirect) d(direct/indirect) Total Contacts ( irectlindirect) Food Pantry 1 2 Adults M/F 18+ 30/10,396 30/10,396 420/11,078 420/11,078 Produce Market, Church 1 3 (venue identified through census tract 1421) Adults M/F 18+ 50/10,466 50/10,466 700/11,603 700/11,603 Elementary Schools/After School Programs 3 3 - schools with >50% FIR price lunch Children in grade K-6 M/F 160 / 281 160 / 281 1,760 / 3,372 1,760 / 3,372 3. Program Description The Taste and Try Challenge is comprised of two direct education components. The first provides nutrition education sessions onsite at a produce market and food pantry at a minimum of twice per month, from March through September 2017. One monthly session will include food demonstration (including preparation) and recipes that will focus on three messages: (1) tips for making healthy meals with less stress and cost, (2) fill half your plate with fruits and vegetables, and (3) trying new produce may change preferences for fruits and vegetables. The second monthly session will include tastings to highlight a seasonal fruit or vegetable being sold at the site. The second component is providing the 11-week Cooking with Kids curriculum at three sites, including two summer feeding sites, and one after-school location. The curriculum will be offered from March through September 2017 to children in grades K-6. To compliment the nutrition education lessons offered through Cooking with Kids, technical assistance about one-time physical activity promotions will provide site leaders with information about how to create activity or "brain breaks" within school and enrichment programs in each school-based setting where the program is delivered. These instructional periods will provide the children with an activity break to learn a simple skill such as stretching or dancing. Attachment 1 Policy and environmental changes will be facilitated through strengthened partnerships with each direct nutrition education site aimed at improving access to and appeal for healthier food offered in these settings. Systems and organizations partnering on implementing these interventions include public health, faith-based, education, housing, human service agencies, and a Hispanic cultural organization.. 4. Summary of Research The research supporting the Taste and Try Challenge includes the Social-Ecological Model, Social Cognitive Theory, and the Theory of Planned Behavior (TPB). The Taste and Try Challenge is a comprehensive public health intervention where each layer (individual factors, settings, sectors, and social / cultural norms and values) are present in the proposed interventions. Central to the Theory of Planned Behavior (TPB) (Ajzen, 1985; Godin & Kok, 1996) is the concept that perceived behavioral control is a predictor of behavior. Participants will perceive that they have control over preparing and eating meals consisting of fresh fruits and vegetables. Cooking with Kids is a research-tested curriculum based on both existing research and continual field-testing. Research shows, utilizing hands-on experiences with food is an engaging and effective strategy to teach healthy eating behaviors (Walters & Stacey, 2009). 5. Program Modifications Program modifications include policy and environmental changes that will be facilitated through strengthened partnerships with each direct nutrition education site aimed at improving access and appeal for healthier food offered in these settings. Physical activity promotions will also enhance the Cooking with Kids program offered in school settings. 6. Education Materials (new, revised and existing) Title/Description Source/Author Choose MyPlate/10 Tips handouts USDA Michigan Availability Guide Fruits and Vegetables MSUE Storing Fruits & Veggies Produce for Better Health Foundation Recipes of taste testings and cooking demonstrations USDA Cooking with Kids cookingwithkids.net Eat Smart To Play Hard With MyPlate Poster http://teamnutrition.usda.gov/Resources/eatsmartposter.pdf Ml Harvest of the Month Michigan Fitness Foundation 7. Evaluation Approach, Scope and Measures Evaluation plans will include utilization of valid and reliable research-based measurement tools and participation in the statewide evaluation. In addition, continual process evaluation through review of daily field notes, consistent evaluation implementation, and prompt result analysis will ensure program improvement and effectiveness. The evaluation methods and tools that will be used include tracking cards, pre- and post- evaluations, and surveys. OCHD acknowledges working with MFF SNAP-Ed Project Manager on process and outcome evaluation plan and tools. 8. Key Performance Measures 3 Increase the consumption of fruits and vegetables 3 Systems and/or Environmental change(s) detailed below: . Engage in partnerships where nutrition education is provided to create more supportive nutrition environments and incorporation of physical activity promotions. . Increase the number of settings where nutrition education is provided that adopt guidelines and/or environmental supports that improve access and appeal for healthier foods. ThiA warhstiobt popite.s entornntleeitty when i ateis enterediphenthseocint.tehsi:- SNAPoiEd 'Grant Award:(CFDA #10.88.1) • • EMPLOYEES Part-time Nutrition Educator II, TBD :Supplies / Marls & Curriculum / Equip < 85 000 ii Printing: nutrition ed, materials, promotional 2: Printing of direct mailers , 31 Food tasting serving supplies Food for tastings 5 Food demo/taste test equipment 6 Nutrition Education materials - purchases Travel : 1; Local Program Travel 21Conference/ Workshop Travel Contracts : 1; Translation ;Space / Miscellaneous I Administrativ A Liability nsuFance - 2 Indi7ect-11.91% on salary only. Formula below not calculated against just salary EXPENDITURES. Indirect Costs (Ado Indirect Cost Rate in the next cell.) Attachment 2 Michigan Fitness Foundation FY2017 SNAP-Ed Oakland County Health Division FY2017 SNAP-Ed Budget Summary Attachment 3 FYI 7 SNAP-Ed Subrecipient Agreement Contact List for MFF and Subcontractor Michigan Fitness Foundation Oakland County Health Division Authorized Official Name: Marci Scott Address: Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 Telephone: (517) 908-3862 Fax: (517) 347-8145 Email: mscott@rnichiganfitness.org Authorized Official Name: Michael Gingell Address: Oakland County Health Division 1200 N. Telegraph Building 34E Pontiac, MI 48341 Telephone: 248-858-0100 Fax: 248-858-1572 Email: gingellm@oakgov.com Programming Contact Name: Sarah Panken Address: Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 Telephone: (517) 908-3822 Fax: (517) 347-8145 Email: slpanken@rnichiganfitness.org Programming Contact Name: Trisha Zizumbo Address: Oakland County Health Division 1200 N. Telegraph Building 34E Pontiac, MI 48341 Telephone: 248-858-4870 Fax: 248-858-5639 Email: zizumbot@oakgov.com Financial Contact Name: Tammy Sullivan Address: Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 Telephone: (517) 908-3866 Fax: (517) 347-8145 Email: tsullivan@michiganfitness.org Financial Contact Name: Laurie VanPelt Address: Oakland County Health Division 1200 N. Telegraph Building 34E Pontiac, MI 48341 Telephone: 248-858-2163 Fax: 248-452-9215 Email: vanpeltl@oakgov.com Administrative Contact Name: Marci Scott Address: Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 Telephone: (517) 908-3862 Fax: (517) 347-8145 Email: rriscott@michiganfitness.org Evaluation Contact Name: Lisa McKay-Chiasson Address: Telephone: 248-858-1395 Fax: 248-858-5428 Email: Mckay-chiassoni@oakgov.com Attachment 4 Invoice Signature Authorization Form Please identify two individuals from your organization who are authorized to sign the Monthly Michigan Fitness Foundation SNAP-Ed Invoices sent to Michigan Fitness Foundation on behalf of the FY17 SNAP-Ed Su breci pient Agreement attached hereto. Name Name Title Title Organization Organization Signature Signature MICHIGAN FITNESS FOUNDATION Michigan Nutrition Network PA). Box 27187 Lansing, MI 48909 ATTACHMENT 5 Telephone 517-347-7891 Fax 517-347-8145 Email: mnnOmichiganfitness.org Subrecipient Single Audit Certification Request The Federal Office of Management and Budget (OMB) Part 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS requires that recipients of Federal awards, who are subject to the provisions of this guidance, ensure that Subrecipients of $750,000 or more comply with the audit requirements in §200.500. For Michigan Fitness Foundation (MFF) to satisfy its own OMB Part §200.500 requirements, we need a certification from your institution, as a Subrecipient, that you are in compliance with these requirements for your most recent fiscal year. Accordingly, please check the appropriate box(es) and provide any required documents: Check one-> We are: an educational institution and subject to OMB Part §200.500 -> please complete part A [ a not-for-profit organization and subject to OMB Part §200.500 -> please complete part A [ an educational institution and not subject to OMB Part §200.500 -> please complete part B [ a not-for-profit organization and not subject to OMB Part §200.500 -> please complete part B [ 7 a US for-profit organization and not subject to OMB Part §200.500 -> please complete part B [ ] a foreign (non-U.S.) entity and not subject to OMB Part §200.500 -> please complete part B Part A [ ] We are subject to the OMB Part 5200.500 (Complete one of the sections below): 1. [ ] Our single audit, for fiscal year ended , has not yet been completed. We expect the audit to be completed by . Within thirty (30) days of completion, we will provide a certification of either §2 or §3 as stated below. Or 2. [ ] Our single audit, for fiscal year ended , has been completed. The administration of our Federal projects has been audited in accordance with OMB Part §200.500 and there were no material instances of noncompliance with Federal laws and regulations or reportable conditions, and no findings in the single audit report that are specifically related to subaward(s) from Michigan Fitness Foundation. Or 3. [ I Our single audit, for fiscal year ended , has been completed, and material noncompliance issues and/or reportable conditions were noted. Enclosed is a copy of the audit report and our response: And, there [ ] are / 1 ] are not findings in the single audit report that are specifically related to a subaward(s) from MFF. (Please provide a listing of subaward(s) as well as an explanation of the finding(s) as they relate to each subaward(s) if there are material findings). Part B [ ] We are NOT subject to the OMB Part 5200.500 (Complete one of the sections below): 1. [ ] We receive less than $750,000 in total Federal support during a fiscal year. DOCUMENTATION REQUIRED: Therefore, in lieu of an single audit we have enclosed: [ ] An audited financial statement [ ] An independent auditor's management letter [ ] Other (explain): Or 2. [ ] We receive greater than $750,000 in total Federal support during a fiscal year. Therefore, our "yellow-book" compliant copy of the audit for fiscal year ended , has been completed, and material noncompliance issues and/or reportable conditions were noted. DOCUMENTATION REQUIRED: Enclosed is a copy of the audit report and our response: And, there [ ] are / [ ] are not findings in the single audit report that are specifically related to a subaward(s) from MFF. (Please provide a listing of subaward(s) as well as an explanation of the finding(s) as they relate to each subaward(s) if there are material findings). CERTIFICATION: I certify, as an authorized representative for the institution that the boxes checked above are appropriate and accurate: Signature: Date: Name and Title: Institution: E-mail: Tax Identification No: Phone Number: Please address your response/fax your signed response to the attention of: Tammy Sullivan, Director of Grant Operations. We would appreciate a response as soon as possible. Thank you for your cooperation. Michigan Fitness Foundation is an Affirmative-Action/Equal Opportunity Employer Attachment 6 MICHIGAN FITNESS FOUNDATION FY 2017 MFF SNAP-Ed Personnel Expense Certification A. Standards for documentation of personnel expenses as defined in OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards §200.430. 1. Supported by a system of internal controls: accurate, allowable and allocable charges. 2. Incorporated into agency's official records. 3. Reflect total activity for which employee is compensated. 4. Encompass federally assisted and all other activity for which employee is compensated. 5. Comply with established accounting practices. 6. Support distribution of salary and wages across all activities and cost objective, 7. Budget estimates do not qualify as charges but may be used for interim accounting purposes. 8. Practices for constituting a full workload vary for Institutes for Higher Education (IHE), records may reflect categories of activity expressed as a percentage distribution of total. (IHE initial if applicable) 9. When recoding salary and wages for IHE to federal awards a precise assessment is not always feasible nor is it expected (see UGG for more detail). (IFIE initial if applicable) Records that meet the standards above will not be required to provide additional supporting documentation for the work performed other than that referenced below: • Charges for salaries and wages of nonexempt employees must be supported by records indicating the total number of hours worked each day. Records that do not meet the standards above, may be required to provide personnel activity reports, including prescribed certifications, or equivalent documentation to support the required records. B. Hourly Rate and Fringe Benefit Calculations (NEW) Please submit, for each person contributing time and effort to SNAP-Ed as noted in Attachment 2 Budget Summary, documentation of how their respective hourly rate and fringe benefits are calculated. Each staff member should be listed separately denoting all variables used for hourly rate and fringe benefit calculations. One document can be submitted itemizing all staff. Attachment 6 MICHIGAN FITNESS FOUNDATION C. Certification I am a representative of my organization, qualified to certify by my signature below, that 1) my agency has above standards for documenting personnel expenses in place, which align with the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards §200.430, and 2) any additional documentation provided to substantiate employee hourly rates and fringe benefits is accurate and aligns with our agency's payroll records. Agency Name Title Signature Date If you have questions, please contact Tammy Sullivan, Director of Grant Operations (517)908-3866 or tsullivan@michiganfitness.org. onrimissioner Toni Middleton, District #4 Chairperson, Finance Committee FISCAL NOTE (MISC #17007) January 26, 2017 BY: Commissioner Tom Middleton, Chairperson, Finance Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — MICHIGAN FITNESS FOUNDATION SNAP-ED 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 Fitness Foundation (MFF) has awarded the Oakland County Health Division funding in the amount of $42,600 under a grant titled Supplemental Nutrition Assistance Program Education (SNAP-ED). 2. The purpose of this grant is to provide nutrition education and food demonstrations to food stamp recipients in Pontiac and Waterford to improve the likelihood of making healthy food choices on a limited budget. 3. The funding period is October 1,2016 through September 30, 2017. 4. This award continues funding for one (1) Special Revenue (SR) Part-Time Non-Eligible (PTNE) Public Health Educator II position (#1060233-11822) within the Community Health Promotion & Intervention Services unit of the Health Division. 5. The future level of service, including personnel, will be contingent upon the level of funding available. 6. The FY 2017 budget is amended as follows: HEALTH COMMUNITIES PLANNING FUND (#28320) GR0000000562 / Budget Reference 2017 activity: GLB analysis: GLB FY2017 Revenue 1060233-133350-610313 Federal Operating Grants Total Revenue $ 42,600 $ 42,600 Expenditures 1060233-133350-702010 Salaries 1060233-133350-722740 Fringe Benefits 1060233-133350-730926 Indirect Costs 1060233-133350-730982 Interpretation Fees 1060233-133350-731346 Personal Mileage 1060233-133350-732018 Travel and Conference 1060233-133350-731388 Printing 1060233-133350-750294 Materials & Supplies 1060233-133350-750462 Provisions 1060233-133350-750448 Postage-Standard Mailing 1060233-133350-774677 Insurance Total Expenditures $ 21,181 1,000 2,498 1,260 864 1,234 5,057 3,191 3,435 2,700 180 $ 42,600 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Fleming absent. Resolution #17007 January 26, 2017 Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, (19) NAYS: None, (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ASTINA PURSUANT TO MCL 45.559A(7) 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 January 26, 2017, 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 26th day of January, 2017, Lisa Brown, Oakland County