HomeMy WebLinkAboutResolutions - 2017.12.07 - 23199(MISC. #17329) REPORT December 7, 2017
BY: Bob Hoffman, Chairperson, Human Resources 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:
The Human Resources Committee, having reviewed the above-referenced resolution on November 29,
2017, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
Chairperson, Human Reso r es Committee
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bowman absent.
MISCELLANEOUS RESOLUTION #17329 December 7, 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 on the date of contract execution through September 30, 2018; and
WHEREAS grant funding is in the amount of $50,000, an increase of $7,400 from Fiscal Year (FY) 2017; and
WHEREAS this agreement is sufficient to continue funding one (1) Special Revenue (SR) Part Time Non-
Eligible (PINE) Public Health Educator II position that was created in MR #16021 for this project (1060233-
11822); and
WHEREAS this agreement requires the creation of one (1) additional SR PTNE Public Health Educator I
position; 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 $50,000, beginning on the date of contract
execution through September 30, 2018.
BE IT FURTHER RESOLVED that the SNAP-Ed Grant will continue to fund one (1) SR PINE Public Health
Educator II position (#1060233-11822).
BE IT FURTHER RESOLVED to create one (1) SR 1,000 hours per year PINE Public Health Educator I
positon in the Health Division, Community Health Promotion & Intervention Services Unit (1060233).
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuation of the special revenue positions 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, Dis
Chairperson, General Governmen mmittee
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PLEASE NOTE: A revised grant agreement is attached with modifications to the insurance
requirements and indemnification clause.
GRANT REVIEW SIGN OFF — Health Division
GRANT NAME: FY 2018 Michigan Fitness Foundation SNAP-Ed
FUNDING AGENCY: Michigan Fitness Foundation
DEPARTMENT CONTACT PERSON: Rachel Shymkiw /452-2151
STATUS: Grant Acceptance
DATE: November 13, 2017
Pursuant to Misc. Resolution #17194, 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 (11/8/2017)
Department of Human Resources:
HR Approved (Needs HR Committee) New Position — Lori Taylor (11/9/2017)
Risk Management and Safety:
Approved by Risk Management with the following Modifications:
1. Section Q. Insurance Requirements item 1 on page 8 requires the County to provide insurance.
Oakland County is self-insured for many of its coverages so it cannot comply with this section without
changes. Specifically, the opening paragraph phrase of "Maintain a minimum of the insurances..,"
should be modified as follows "Maintain a minimum of the insurances or selfinsin-ances„.,". In
addition, at the end of the sentence in 1.c. regarding the A.M. Best rating wording should be added stating
"or self-insurance as authorized by applicable self-insurance regulations".
2.Item 2. Insurance Types, item a. must delete the following wording "Policies must be endorsed to add
"the Michigan Fitness Foundation and the State of Michigan, its departments, divisions, agencies, offices,
commissions, officers, employees, and agents" as additional insureds using endorsement CG 2010 0704
and CG 2037 07 04." As the County is self-insured and cannot add another entity as an additional insured.
— Robert Erlenbeck (11/8/2017)
Please see the attached email from Health with amended insurance language. Do you approve the
modifications to Section Q — Insurance Requirements? — Katie West (11/13/2017)
The changes to the Insurance Requirements in the attached documentation are acceptable and approved
by Risk Management. — Robert Erlenbeck (11/13/2017)
Corporation Counsel:
APPROVAL WITH EXPLANATION. The contract contains an indemnification clause in Paragraph XII
Indemnification with the disclaimer "To the extent allowable under the laws of the State of Michigan..."
The indemnification clause is not enforceable because the County cannot indemnify under Michigan law.
Oakland County does not possess the statutory or constitutional authority to contractually agree or
comply with the indemnification clause. Article 9, Sec. 18 of the 1963 Michigan Constitution prohibits
the State from "indemnifying any person or corporation, public or private, except as authorized in this
constitution." The Michigan Supreme Court held that this constitutional provision prohibiting
indemnification also applies to counties. See Drain Commissioner of Oakland County v. City of Royal
Oak, 306 Mich 124 (1943). The Michigan Court of Appeals has ruled that no county in Michigan has the
legal authority to provide indemnification or hold harmless any individual or entity in anticipation of or
prior to a liability triggering event. See Michigan Municipality Liability and Property Pool v. Muskegon
County Board of County Road Commissioners, 235 Mich. App. 183 (1999); See also Michigan Attorney
General Opinion No. 5305 (May 3, 1978). — Mary Ann Jerge (11/13/2017)
MICHIGAN
FITNESS
fOliNDATI0,1
GOVERNOR
Rick Snyder
HONORARY CO-CHAIRS
Mark Hollis
Wards Manuel
GOVERNOR'S COUNCIL ON PHYSICAL
FITNESS
Peaches McCah ill—Chair
Paul J. Barbeau
Lindsey DesArmo
Thomas Goodwin, D.O.
Florine Mark
Nolan Moody
James Pivarnik, Ph.D.
Scott Przystas
Anuja Rajendra
Torl Sager
Raquel Thuerne
Brian Townsend
Andrew Younger
Justin Zatkofr
MICHIGAN FITNESS
FOUNDATION BOARD
Peaches McCahill —Chair
Mary Zatina—Vice Chair
Paul Barbeau—Associate Vice Chair
Dale L. Shugars—Secretary/Treasurer
Rod Alberts
Laura Appel
Debbie Dingell
Patricia Herndon
Geraldine Jackson
Lila Lazarus
Florine Mark
Thomas Minter
Richard Murdock
Julie L. Novak
Raquel Thueme
Justin Zatkoff
Ex Officio
Sandra R. Knollenberg
INTERIM CO-PRESIDENT AND CEO
Diane Bauer
Ma rci Scott, Ph.D.
P.O. Box 27187 Lansing, MI 48909
800-434-8642 517-347-7891 Fax: 517-347-8145 www.michiganfitness.org
September 21, 2017
Dear SNAP-Ed Partner,
We are pleased to notify you that Michigan received approval from the United
States Department of Agriculture (USDA) for the Supplemental Nutrition
Assistance Program Education (SNAP-Ed) Plan of Work (Plan) for Fiscal Year
(FY) 2018. SNAP-Ed funds are authorized for use beginning October 1, 2017.
Your subrecipient agreement will be forwarded to your organizational
representative as soon as M IFF receives its final agreement from Michigan
Department of Health and Human Services (MDHHS). Please continue to work
with your MFF Project Manager to finalize program and budget documents for
inclusion in your forthcoming agreement. SNAP-Ed allocations are subject to the
availability of federal funds. This letter serves as your award notification for FY
2018 SNAP-Ed programming as follows:
Subrecipient Organization: Oakland County Health Division
Project Title: Taste and Try Challenge
FY 2018 Award Amount: $50,000
Awarding Agency: United States Department of Agriculture, Michigan
Department of Health and Human Services, Michigan Fitness Foundation
CFDA 4: Food Stamp Program 10.561
Award Period: October 1,2017 to September 30, 2018
On behalf of the Michigan Fitness Foundation, we look forward to working
together in our joint commitment to improving the health of Michigan citizens
who receive food assistance. We are honored to include your agency as a partner
in our collective work.
Sincerely,
/t. --ft,c• 714—
fetItkiA-N.,„
Marei K. Scott, PhD, RDN Sarah L. Panken, MS
Co-Interim President and CEO Director of Network Programs
FY 2018 Michigan Fitness Foundation SNAP-Ed Subrecipient Agreement
Institution/Organization ("FOUNDATION")
Name: Michigan Fitness Foundation
Address: P.O. Box 27187
Lansing, MI 48909
Institution/Organization ("GRANTEE")
Name: Oakland County Health Division
Address: 1200 N. Telegraph, Building 34E
Pontiac, MI 48341
EIN No: 38-6004876
Prime Contract No. ADMIN-16-99011-1
E20182657-00
Subaward No. FY18 OCHD
Awarding Agency ("MDH HS")
Michigan Department of Health and Human
Services
USDA Food Nutrition Service
CFDA Title and No.
Food Stamp Program 10.561
Subrecipient Period of Performance
10/1/17 to 09/30/18
Maximum Amount Funded
$50,000
Project Title Supplemental Nutrition Assistance Program — Education (SNAP-ED)
Taste and Try Challenge
Part I
1. Period of Agreement; This Agreement will commence on October 1, 2017 and continue through
September 30, 2018. If the Agreement is not fully executed by November 28, 2017, unless a specific
limited-time extension is negotiated, no service shall be provided and no costs incurred until the
Agreement is fully executed by both parties. This Agreement is in full force and effect for the period
specified.
2. Program Budget and Agreement Amount
A. Agreement Amount
The total amount of this agreement is $50,000. The Foundation under the terms of this
agreement will provide funding not to exceed $50,000. The source of funding provided
by the Foundation and approved indirect rate shall be followed as described in
Attachment 1 Budget Summary, of this Agreement, which is part of this Agreement
through reference.
The grant agreement is designated as a Subrecipient relationship (federal funding) and is
not a research and development project.
B. Equipment Purchases and Title
Any Grantee equipment purchases supported in whole or in part through this agreement
must be listed in the supporting Equipment Inventory Schedule. Equipment means
tangible, non-expendable, personal property having a useful life of more than one year
and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition
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cost of less than $5,000 shall vest with the Grantee upon acquisition. The Foundation
reserves the right to retain or transfer the title to all items of equipment having a unit
acquisition cost of $5,000 or more, to the extent that the Foundation's proportionate
interest in such equipment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $5,000 or 10%,
whichever is greater, is permissible without prior written approval of the Foundation. Any
modification or deviations in excess of this provision, including any adjustment to the total
amount of this agreement, must be made in writing and executed by all parties to this
agreement before the modifications can be implemented. This deviation allowance does
not authorize new categories, subcontracts, equipment items or positions not shown in
Attachment 1 Budget Summary and supporting detail schedules.
3. Purpose: The focus of the program is to conduct Supplemental Nutrition Assistance Program
Education (SNAP-Ed) as approved and defined in the FY 2018 Michigan SNAP-Ed Plan of Work. SNAP-
Ed is nutrition education, physical activity promotion, and policy, systems, and environmental change
efforts that improve the likelihood that persons eligible for SNAP will make healthy food choices
within a limited budget and choose physically active lifestyles consistent with the current Dietary
Guidelines for Americans and the USDA food guidance.
4. Statement of Work: The Grantee agrees to undertake, perform and complete the services
described in Attachment 2 Project Summary, which is part of this Agreement through reference.
5. Financial Requirements: The financial requirements shall be followed as described in Part 11 of this
agreement and Attachment 1 Budget Summary, which are part of this Agreement through reference.
6. Performance/Progress Report Requirements: The progress reporting methods shall be followed as
described in Part II and Attachment 3 Reporting Deadlines, which are part of this Agreement through
reference.
7. General Provisions: The Grantee agrees to comply with the General Provisions outlined in Partlland
Attachment 4 Contact List; Attachment 5 Invoice Signature Authorization Form; Attachment 6 Single
Audit Certification; and Attachment 7 Personnel Certification, which are part of this Agreement
through reference.
8. Special Conditions:
A. This Agreement is valid upon approval and execution by the Foundation and Signature by the
Grantee.
B. This Agreement is conditionally approved subject to and contingent upon the availability of fu nds.
C. The Foundation will not assume any responsibility or liability for costs incurred by the Grantee
after November 28, 2017 if a fully executed Agreement is not in place, unless a specific limited-
time extension is negotiated prior to the signing of this Agreement.
D. The Grantee is required by PA 533 of 2004 to receive payments will be delivered by electronic
funds transfer (EFT).
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9. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or she is
authorized to sign this Agreement on behalf of the responsible governing board, official or Grantee.
10. Signature Section:
For the GRANTEE
Name (Please Print)
Title
Signature Date
For the Michigan Fitness Foundation
Diane Bauer, Co-Interim President and CEO Date
Vice President of Finance
Marci K. Scott, Co-Interim President and CEO Date
Vice President of Programs
Part 11
General Provisions
1. Responsibilities - Grantee
The Grantee in accordance with the general purposes and objectives of this agreement shall:
A. Publication Rights
1. Where the Grantee exclusively develops books, films, or other such copyrightable materials
through activities supported by this agreement, the Grantee may copyright those materials.
The materials that the Grantee copyrights cannot include service recipient information or
personal identification data. Grantee grants the Foundation, MDHHS, and USDA a royalty-free,
non-exclusive and irrevocable license to reproduce, publish and use such materials
copyrighted by the Grantee and authorizes others to reproduce and use such materials.
2. Any materials copyrighted by the Grantee or modifications bearing acknowledgment of the
Foundation's and MD1I-IS's name must be approved by the Foundation before reproduction
and use of such materials. The Foundation or MDHHS may modify the material copyrighted by
the Grantee and may combine it with other copyrightable intellectual property to form a
derivative work. The Foundation and MDHHS will own and hold all copyright and other
intellectual property rights in any such derivative work, excluding any rights or interest granted
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in this agreement to the Grantee. If the Grantee ceases to conduct business for any reason, or
ceases to support the copyrightable materials developed under this agreement, the
Foundation and MDHHS have the right to convert its licenses into transferable licenses to the
extent consistent with any applicable obligations the Grantee has.
3. Give recognition to the Foundation and MDHHS in any and all publications, papers and
presentations arising from the program and service contract herein; the Foundation will do
likewise. Prior written authorization must be requested from the Foundation.
4. Notify the Foundation 60 days before applying to register a copyright with the U.S. Copyright
Office. The Grantee must submit an annual report for all copyrighted materials developed by
the Grantee through activities supported by this Agreement and must submit a final invention
statement and certification within 120 days of the end of the agreement period.
5. Not make any media releases related to this Agreement, without prior written authorization
from the Foundation.
B. Fees
Guarantee that any claims made to the Foundation under this Agreement shall not be financed
by any sources other than the Foundation under the terms of this Agreement. If funding is
received through any other source for the same or similar work, the Grantee agrees to include
written documentation of the funding source(s), funding amount, and brief scope of work in the
grant records and, within 30 days of receiving notification of the funding, submit the written
documentation to the Foundation. In addition, Grantee agrees to budget any additional
source(s) of funds and reflect the source(s) of funding in the year-end report.
C. Grant Program Operation
Provide the necessary administrative, professional, and technical staff for operation of the grant
program. Obtain and maintain all necessary licenses, permits or other authorizations necessary
for the performance of this Agreement.
D. Reporting
Utilize all report forms and reporting formats required by the Foundation.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source documentation, to
support program activities and all expenditures made under the terms of this agreement, as
required. Assure that all terms of the agreement will be appropriately adhered to and that records
and detailed documentation for the grant project or grant program identified in this agreement
will be maintained for a period of not less than three years from the date of termination, the date
of submission of the final expenditure report or until litigation and audit findings have been
resolved. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of
Grantee, and any subcontractor that performs Agreement Activities in connection with this
Agreement.
F. Authorized Access
1. Permit within 10 calendar days of providing notification and at reasonable times, access by
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authorized representatives of the Foundation, State Agency, Federal Grantor Agency,
Inspector Generals, Comptroller General of the United States and State Auditor General, or
any of their duly authorized representatives, to records, papers, files, documentation and
personnel related to this agreement, to the extent authorized by applicable state or federal
law, rule or regulation.
1 The rights of access in this section are not limited to the required retention period but last as
long as the records are retained.
3. Grantee must cooperate and provide reasonable assistance to authorized representatives of
the Foundation and others when those individuals have access to Grantee's grant records.
G. Audits
This section only applies to Grantees designated as subrecipients by the Foundation (see Part I,
Section 2. A.).
1. Required Audit or Audit Exemption Notice
Grantees must submit to the Foundation either a Single Audit, Financial Related Audit, or Audit
Exemption Notice as described below. A Financial Related Audit is applicable to for-profit
Grantees that are designated as subrecipients. If submitting a Single Audit or Financial Related
Audit, Grantees must also submit a corrective action plan prepared in accordance with Title 2
Code of Federal Regulations, Section 200.511(c) for any audit findings that impact the
Foundation funded programs, and management letter (if issued) with a corrective action plan.
a. Single Audit
Grantees that are a state, local government, or non-profit organization that expend
$750,000 or more in federal awards during the Grantee's fiscal year, must submit a Single
Audit to the Foundation, regardless of the amount of funding received from the
Foundation. The Single Audit must comply with the requirements of Title 2 Code of Federal
Regulations, Subpart F. The Single Audit reporting package must include all components
described in Title 2 Code of Federal Regulations, Section 200.512 (c).
b. Financial Related Audit
Grantees that are for-profit organizations that expend $750,000 or more in federal awards
during the Grantee's fiscal year must submit either a financial related audit prepared in
accordance with Government Auditing Standards relating to all federal awards; or an audit
that meets the requirements contained in Title 2 Code of Federal Regulations, Subpart F,
if required by the federal awarding agency.
c. Audit Exemption Notice
Grantees exempt from the Single Audit and Financial Related Audit requirements (a. and
b. above) must submit an Audit Exemption Notice that certifies these exemptions.
1. Financial Statement Audit
Grantees exempt from the Single Audit and Financial Related Audit requirements (that are
required to submit an Audit Exemption Notice as described above) must also submit to the
Foundation a Financial Statement Audit prepared in accordance with generally accepted
auditing standards if the audit includes disclosures that may negatively impact the Foundation
funded programs including, but not limited to fraud, going concern uncertainties, financial
statement misstatements, and violations of contract and grant provisions. If submitting a
Financial Statement Audit, Grantees must also submit a corrective action plan for any audit
findings that impact the Foundation funded programs.
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2. Due Date and Where to Send
The most recent required audit and any other required submissions (i.e. corrective action plan,
and management letter with a corrective action plan), and/or Audit Exemption Notice must be
submitted to the Foundation with this Agreement. The required submissions must be
assembled in PDF files and compatible with Adobe Acrobat (read only). The Foundation
reserves the right to request a hard copy of the audit materials if for any reason the electronic
submission process is not successful.
4. Other Audits
The Foundation, MDHHS, or federal agencies may also conduct or arrange for "agreed upon
procedures" or additional audits to meet their needs.
H. Subcontracting
The Grantee shall not assign this Agreement or subcontract this Agreement to other parties without obtaining
prior written approval of the Foundation. The Foundation, 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 Grantee
shall be responsible for the performance of all assignees or subcontractors.
I. Notification of Modifications
Grantee shall provide timely notification to the Foundation, in writing, of any action by its governing
board or any other funding source that would require or result in significant modification in the
provision of services, funding or compliance with operational procedures.
J. Software Compliance
Ensure software compliance and compatibility with the Foundation's data systems for services
provided under this agreement including, but not limited to: stored data, databases, and interfaces for
the production of work products and reports. All required data under this agreement shall be provided
in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the
Grantee's business operations for processing date/time data. All information systems, electronic or
hard copy, that contain state or federal data must be protected from unauthorized access.
K. Evaluation
1. Because concurrent research and evaluation may impact evaluation of the work of this contract, all
related evaluation efforts must be disclosed. The Foundation 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 2, within the project target population.
2. Grantee will participate in statewide evaluation protocol as determined by the Foundation and agreed to
in the evaluation assurances submitted with the funding proposal. Should the Foundation, MDHHS, or
USDA determine that additional specific evaluation or reporting components are required at any point in
the contract year, the Grantee shall comply with these requirements.
3. Protection of the rights of human subjects shall be considered in all evaluation, in compliance with the
Protection of Human Subjects Act, 45 CFR, Part 46. If IRB approval is obtained, a copy of the approval must
be included in the grant records and submitted to the Foundation upon request.
4. All data collected in support of this Agreement, including evaluation data, must be included in the grant
records and submitted to the Foundation upon request.
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L. Mandatory Disclosures
1. Disclose to the Foundation in writing within 21 days of receiving notice of any litigation,
investigation, arbitration, or other proceeding (collectively, "Proceeding") involving Grantee, a
subcontractor, or an officer or director of Grantee or subcontract, or that arises during the term of this
Agreement including:
a) All violations of federal and state criminal law involving fraud, bribery, or gratuity violations
potentially affecting the agreement.
b) A criminal Proceeding;
c) A parole or probation Proceeding;
d) A Proceeding under the Sarba nes-Oxley Act;
e) A civil Proceeding involving;
i. A claim that might reasonably be expected to adversely affect Grantee's viability or
financial stability; or
ii. A governmental or public entity's claim or written allegation of fraud; or
f) A Proceeding involving any license that Grantee is required to possess in order to perform under
this Agreement.
2. Notify the Foundation, at least 120 calendar days before the effective date, of a change in Grantee's
ownership and/or executive management.
M. Statement of Work Progress Reports
1. Monthly program highlights should be submitted to the Foundation 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 2 and implemented during that monthly period. Further instruction and
clarification is found in the FY 2018 SNAP-Ed Programming and Operations Manual and on the MNN
website.
2. A mid-year progress report, in narrative form, as directed on the MNN website, is due no later than April
16, 2018.
3. 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 5, 2018.
N. Conflict of Interest and Code of Conduct Standards
1. The Grantee is subject to the provisions of 1968 PA 317, as amended, 1973 PA 196, as amended,
and Title 2 Code of Federal Regulations, Section 200.318 (c) (1) and (2).
2. The Grantee will uphold high ethical standards and is prohibited from:
a. Holding or acquiring an interest that would conflict with this 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 Foundation or 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
Grantee, any consideration contingent upon the award of this Agreement.
3. Immediately notify the Foundation of any violation or potential violation of these standards. This
Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any
subcontractor that performs activities in connection with this agreement.
0. Travel Costs
Be reimbursed for travel costs (including mileage, meals and lodging) budgeted and incurred related
to services provided under this agreement and the FY 2018 SNAP-Ed Programming and Operations
Manual available on the MNN website.
P. Federal Funding Accountability and Transparency Act (FFATA)
Complete and submit the FFATA Executive Compensation report if:
a) The grantee's federal revenue was 80% or more of the grantees annual gross revenue;
b) Grantee's gross revenue from federal awards was $25,000,000 or more; AND
c) The public does not have access to the information about executive officer's compensation
through periodic reports filed under Section 13(a) or 15 (d) of the Securities Exchange Act of
1934 or Section 6104 of the Internal Revenue Code of 1986.
Q. Insurance Requirements for Oakland County Health Department
1. Maintain a minimum of the insurances or governmental self-insurances listed below and is
responsible for all deductibles. All required insurance or self-insurance must:
a. Protect the Michigan Fitness Foundation and State of Michigan from claims that may
arise out of, are alleged to arise out of, or result from Grantee's or a subcontractor's
performance;
b. Be primary and non-contributing to any comparable liability insurance (including self-
insurance) carried by the State; and
c. Be provided by a company with an A.M. Best rating of "A" or better and a financial size
of VII or better, or self-insurance as authorized by applicable self-insurance regulations.
2. Insurance Types
a. Commercial General Liability Insurance or Governmental Self-Insurance: The Grantee
shall provide self-insurance necessary to cover all claims which may arise out of the
Grantee's operations under the terms of this Agreement. The Grantee shall provide
proof to the Foundation of such insurance coverage. If the Grantee will deal with
children, schools, or the cognitively impaired, coverage must not have exclusions or
limitations related to sexual abuse and molestation liability.
b. Workers' Compensation Insurance: Coverage according to applicable laws governing
work activities. Waiver of subrogation, except where waiver is prohibited by law,
c. Employers Liability Insurance
3. Grantees must require that contractors maintain the required insurances contained in this
Section.
4. This Section is not intended to and is not to be construed in any manner as waiving, restricting or
limiting the liability of the Grantee from any obligations under this agreement.
5. Each Party must promptly notify the other Party of any knowledge regarding an occurrence which
the notifying Party reasonably believes may result in a claim against either Party. The Parties must
cooperate with each other regarding such claim.
II. Responsibilities - Foundation
The Foundation in accordance with the general purposes and objectives of this agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this agreement based
upon appropriate reports, records, and documentation maintained by the Grantee.
B. Report Forms
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Provide any report forms and reporting formats required by the Foundation.
Ill. Assurances
The following assurances are hereby given to the Foundation:
A. Compliance with Applicable Laws
The Grantee will comply with applicable federal and state laws, guidelines, rules and regulations
in carrying out the terms of this agreement, including the Fiscal Year 2018 Michigan Fitness
Foundation SNAP-Ed Programming and Operations Manual, the Fiscal Year 2018 United States
Department of Agriculture (USDA) SNAP-Ed Guidance and included in the Assurances submitted
with the grant proposal. The Grantee will also comply with all applicable general administrative
requirements, such as Title 2 Code of Federal Regulations (CFR) covering cost principles,
grant/agreement principles, and audits, in carrying out the terms of this agreement. The Grantee
will comply with all applicable requirements in the original grant awarded to the Foundation if the
Grantee is a subgrantee. The Foundation may determine that the Grantee has not complied with
applicable federal or state laws, guidelines, rules, and regulations in carrying out the terms of this
agreement and may then terminate this agreement under Part II Section V.
B. Program Requirements
1. Grantee agrees to follow the specific eligibility criteria outlined in the USDA 2018 SNAP-Ed
Guidance. Grantee shall provide services targeted to current SNAP participants and eligible
applicants. Eligible 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 2018 SNAP-Ed Guidance or
where approval is received by USDA Food and Nutrition Service. Grantee agrees to reach
participants who are pre-established in Grantee's Project Summary (Attachment 2) and
included as such in the FY 2018 Michigan SNAP-Ed Plan of Work.
2. Grantee shall have a system in place to account for reach numbers that includes written
documentation of a strategy to reasonably ensure unduplicated reach. The written
documentation must include all agencies substantiating the strategy; ensuring
complementary programming by all agencies and not duplication of effort. The written
documentation must be sent to the Foundation for approval and inclusion in grant records.
C. Anti-Lobbying Act
The Grantee will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying
Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies section of the FY 1997 Omnibus
Consolidated Appropriations Act (Public Law 104-209). Further, the Grantee shall require that the
language of this assurance be included in the award documents of all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
D. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom, the Grantee agrees
not to discriminate against any employee or applicant for employment or service delivery
and access, with respect to their hire, tenure, terms, conditions or privileges of employment,
9
programs and services provided or any matter directly or indirectly related to employment,
because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital
status, physical or mental disability unrelated to the individual's ability to perform the duties
of the particular job or position or to receive services. The Grantee further agrees that every
subcontract entered into for the performance of any contract or purchase order resulting
herefrom will contain a provision requiring non-discrimination in employment, service
delivery and access, as herein specified binding upon each subcontractor. This covenant is
required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL
37.2101 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended,
MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the
contract or purchase order.
2. The Grantee will comply with all federal statutes relating to nondiscrimination. These include
but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on
the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of disabilities;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which
prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating
to nondiscrimination on the basis of drug abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism;
g. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;
h. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and,
i. The requirements of any other nondiscrimination statute(s) which may apply to the
application.
Additionally, assurance is given to the Foundation that proactive efforts will be made to identify
and encourage the participation of minority-owned and women- owned businesses, and
businesses owned by persons with disabilities in contract solicitations. The Grantee shall
incorporate language in all contracts awarded: (1) prohibiting discrimination against minority-
owned and women-owned businesses and businesses owned by persons with disabilities in
subcontracting; and (2) making discrimination a material breach of contract. The Foundation may
request the Grantee hiring and procurement policies assurances of non-discrimination.
E. Debarment and Suspension
The Grantee will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its
knowledge and belief that it, its employees and its contractors:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or contractor;
10
2. Have not within a three-year period preceding this agreement been convicted of or had a 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;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state or local) with commission of any of the offenses enumerated in section 2; and
4. Have not within a three-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
F. Federal Requirement: Pro -Children Act
1. The Grantee will comply with Public Law 103-227, also known as the Pro- Children Act of 1994,
20 USC 6091 et seq, which requires that smoking not be permitted in any portion of any indoor
facility owned or leased or contracted by and used routinely or regularly for the provision of
health, day care, early childhood development services, education or library services to
children under the age of 18, if the services are funded by federal programs either directly or
through state or local governments, by federal grant, contract, loan or loan guarantee. The law
also applies to children's services that are provided in indoor facilities that are constructed,
operated, or maintained with such federal funds. The law does not apply to children's services
provided in private residences; portions of facilities used for inpatient drug or alcohol
treatment; service providers whose sole source of applicable federal funds is Medicare or
Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary
penalty of up to $1,000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity, The Grantee also assures that this language will
be included in any subawards which contain provisions for children's services.
2. The Grantee also assures, in addition to compliance with Public Law 103-227, any service or
activity funded in whole or in part through this Agreement will be delivered in a smoke-free
facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts
of the facility under the control of the Grantee. If activities or services are delivered in facilities
or areas that are not under the control of the Grantee (e.g., a mall, restaurant or private work
site), the activities or services shall be smoke-free.
G. Hatch Political Activity Act and Intergovernmental Personnel Act
The Grantee will comply with the Hatch Political Activity Act, 5 USC 1501-1509 and 7324- 7328,
and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service
Reform Act, Public Law 95-454, 42 USC 4728 - 4763. Federal funds cannot be used for partisan
political purposes of any kind by any person or organization involved in the administration of
federally-assisted programs.
H. National Defense Authorization Act Employee Whistleblower Protections
The Grantee will comply with the National Defense Authorization Act "Pilot Program for
Enhancement of Grantee Employee Whistleblower Protections".
1. a) This agreement and employees working on this Agreement will be subject to the
whistleblower rights and remedies in the pilot program on Grantee employee
whistieblower protections established at 41 U.S.C.4712 by section 828 of the National
11
Defense Authorization Act for Fiscal Year 2012 and FAR 3.908.
2. b) The Grantee shall inform its employees in writing, in the predominant language of
the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712,
as described in section 3.908 of the Federal Acquisition Regulation.
3. c) The Grantee shall insert the substance of this clause, including this paragraph (c), in
all subcontracts over the simplified acquisition threshold.
I. Clean Air Act and Federal Water Pollution Control Act
The Grantee will comply with the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended.
a) This agreement and anyone working on this Agreement will be subject to the Clean Air Act
and Federal Water Pollution Control Act and must comply with all applicable standards,
orders or regulations issue pursuant to these Acts. Violations must be reported to the
Department.
J. Contracted Services
For any contracted service, activity or product, the Grantee will ensure:
1. If the Agreement is not fully executed by November 15, 2017, unless a specific limited-
time extension is negotiated, no service shall be provided and no costs incurred until the
Agreement is fully executed by both parties. An exception may be granted by the
Foundation if the Grantee asks the Foundation in writing within 30 days of execution of
the Agreement.
2. That any executed contract shall require the contractor to comply with all applicable
terms and conditions of this Agreement. In the event of a conflict between this
Agreement and the provisions of the contract, the provisions of this Agreement shall
prevail. A conflict between this Agreement and a contract, however, shall not be deemed
to exist where the contract:
Contains additional non-conflicting provisions not set forth in this agreement;
Restates provisions of this Agreement to afford the Grantee the same or substantially the
same rights and privileges as the Foundation; or
Requires the contractor to perform duties and/or services in less time than that afforded
the Grantee in this Agreement.
3. That the contract does not affect the Grantee's accountability to the Foundation for the
contracted activity.
4. That any billing or request for reimbursement for contract costs is supported by a valid
contract and adequate source documentation on costs and services.
5. That the Grantee will submit a copy of the executed contract if requested by the
Foundation.
K. Procurement
1. Grantee will ensure that all purchase transactions, whether negotiated or advertised, shall be
conducted openly and competitively in accordance with the principles and requirements of Title
2 Code of Federal Regulations, Part 200. Funding from this agreement shall not be used for the
purchase of foreign goods or services. Records shall be sufficient to document the significant
history of all purchases and shall be maintained for a minimum of three years after the end of
the agreement period.
2. Grantee shall be exclusively restricted to purchases of those services and/or commodities that
12
are reasonable and necessary to the provision of services identified herein. Grantee shall make
purchases, in accordance with the Uniform Grant Guidance (UGG) and the Grantee's agency-
wide written procurement procedures.
L. Health Insurance Portability and Accountability Act
To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is applicable
to the Grantee under this Agreement, the Grantee assures that it is in compliance with
requirements of HIPAA including the following:
1. The Grantee must not share any protected health information provided by the
Foundation that is covered by HIPAA except as permitted or required by applicable
law; or to a subcontractor as appropriate under this Agreement.
2. The Grantee will ensure that any subcontractor will have the same obligations as the
Grantee not to share any protected health data and information from the Foundation
that falls under HIPAA requirements in the terms and conditions of the subcontract.
3. The Grantee must only use the protected health data and information for the purposes
of this Agreement.
4. The Grantee must have written policies and procedures addressing the use of
protected health data and information that falls under the HIPAA requirements. The
policies and procedures must meet all applicable federal and state requirements
including the H1PAA regulations. These policies and procedures must include
restricting access to the protected health data and information by the Grantee's
employees.
5. The Grantee must have a policy and procedure to immediately report to the
Foundation any suspected or confirmed unauthorized use or disclosure of protected
health information that falls under the HIPAA requirements of which the Grantee
becomes aware. The Grantee will work with the Foundation to mitigate the breach,
and will provide assurances to the Foundation of corrective actions to prevent further
unauthorized uses or disclosures. The Foundation may demand specific corrective
actions and assurances and the Grantee must provide the same to the Department.
6. Failure to comply with any of these contractual requirements may result in the
termination of this agreement in accordance with Part II, Section V. Agreement
Termination.
7. In accordance with HIPAA requirements, the Grantee is liable for any claim, loss or
damage relating to unauthorized use or disclosure of protected health data and
information, including without limitation the Foundation's costs in responding to a
breach, received by the Grantee from the Foundation or any other source.
8. The Grantee will enter into a business associate agreement should the Foundation
determine such an agreement is required under HIPAA.
M. Website Incorporation
The Foundation is not bound by any content on Grantee's website unless expressly incorporated
directly into this Agreement. The Foundation is not bound by any end user license agreement
or terms of use unless specifically incorporated in this Agreement or any other agreement
signed by the Foundation.
N. Survival
The provisions of this Agreement that impose continuing obligations will survive the expiration
13
or termination of this Agreement.
0. Non-Disclosure of Confidentiality Information
1. The Grantee agrees that it will use Confidential Information solely for the purpose of this
Agreement. The Grantee agrees to hold all Confidential information in strict confidence and
not to copy, reproduce, sell, transfer or otherwise dispose of, give or disclose such
Confidential Information to third parties other than employees, agents, or subcontracts of
a party who have a need to know in connection with this Agreement or to use such
Confidential Information for any purpose whatsoever other than the performance of this
Agreement. The Grantee must take all reasonable precautions to safeguard the Confidential
Information. These precautions must be at least as great as the precautions the Grantee
takes to protect its own confidential or proprietary information. All Foundation and Grantee
communications related to the scop of this Agreement shall be considered confidential.
Meaning of Confidential Information
For the purpose of this Agreement the term "Confidential Information" means all information
and documentation of a part that:
a. Has been marked "confidential" or with words or similar meaning, at the time of
disclosure by such part;
b. If disclosed orally or not marked "confidential" or with words of similar meaning,
was subsequently summarized in writing by the disclosing party and marked
"confidential" or with words of similar meaning;
c. Should reasonably be recognized as confidential information of the disclosing
party;
d. Is unpublished or not available to the general public; or
e. Is designated by law as confidential.
The term "Confidential Information" does not include any information or documentation that
was:
a. Subject to disclosure under the Michigan Freedom of Information Act (FOIA);
b. Already in the possession of the receiving party without an obligation of
confidentiality;
c. Developed independently by the receiving party, as demonstrated by the
receiving party, without violating the disclosing party's proprietary rights;
d. Obtained from a source other than the disclosing party without an obligation of
confidentiality; or
e. Publicly available when received or thereafter became publicly available (other
than through an unauthorized disclosure by, through or on behalf of, the
receiving part).
2. The Grantee must notify the Foundation within 1 business day after discovering any
unauthorized use or disclosure of Confidential Information. The Grantee will cooperate
with the Foundation in every way possible to assist the Grantee in regaining possession
of the Confidential Information and prevent further unauthorized use or disclosure.
IV. Financial Requirements
A. Reimbursement Method
14
As used in this Agreement, "Cost Documentation" refers to the FY 2018 SNAP-Ed Budget Summary
attached hereto as Attachment 1. The Grantee will be reimbursed as follows: 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 2018
SNAP-Ed Budget Summary ("Budget" or "Budget Summary") has been prepared in accordance with the
Budget Completion Instructions provided by the Foundation. This document details the amount and
purpose of expenditures for which the Grantee shall use funds paid under this Agreement. The Grantee
is authorized to expend funds only for those resources indicated in Attachment 1 that are allowable,
properly allocated, reasonable and necessary, and, as appropriate, pre-approved, as defined in the Budget
Summary, and utilized to deliver approved programming. Reimbursement from the Foundation is based
on the understanding that Foundation funds will be paid up to the total Foundation allocation as agreed
to in the approved budget.
B. Financial Status Report Submission
The Grantee shall submit a monthly invoice to the Foundation. 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 the Foundation
within 15 days from the end of the monthly billing period. Monthly invoices are due to the Foundation no
later than the fifteenth (15 th) of the following month. The Foundation may not make a payment to the
Grantee for billings submitted more than 90 days after the end of a billing period. Obligations incurred
prior to or after the period covered by this Agreement shall be excluded from the Grantee's Monthly
Invoice.
1. Subcontractor shall submit all supporting documentation to the Foundation for each monthly
invoice. Subcontractor shall retain all supporting documentation for this agreement in their
formal grant record.
2. If MDHHS or the Foundation identifies questioned costs that cannot be substantiated, the Foundation
may, at its discretion, and after consultation with the Grantee, require the Grantee to submit a revised
monthly invoice to reflect adjustment for disallowed costs. Submission of revised billings to the
Foundation shall be made within a time schedule established by the Foundation and the Grantee.
C. Reimbursement Mechanism
The Foundation shall make payments to the Grantee after Grantee's monthly invoice and program
highlights are reviewed and approved and the Foundation has subsequently been reimbursed by
MDHHS. All Grantees must sign up through the on-line vendor registration process to receive all
Foundation payments as Electronic Funds Transfers (EFT)/Direct Deposits, as mandated by MCL
18.1283a.
D. Final Obligations and Financial Status Report Requirements
Year-end encumbrance and final invoice due dates will be determined by MDHHS, The due date for the
final invoice for actual costs will be sent out by the Foundation to the Grantee once the Foundation is
notified of year-end deadlines by MDHHS. A closing statement of cumulative costs incurred and/or
encumbered, must be submitted to the Foundation by the announced due date. Subsequently final
invoice for actual costs, not to exceed encumbered costs submitted, must be submitted to the
Foundation, by announced due date, and shall constitute Grantee'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.
E. Unobligated Funds
15
Funds not used within the Agreement period and for the explicit purpose outlined in this
Agreement must be returned to the Foundation.
F. Indirect Costs
The Grantee is allowed to use an approved federal indirect rate in their budget calculations and
financial status reporting. If the Grantee does not have an existing approved federal indirect rate,
they may use a 10% de minim is rate in accordance with Title 2 Code of Federal Regulations (CFR)
Part 200 to recover their indirect costs. Approved indirect rates will appear on Attachment 1
Budget Summary.
V. Agreement Termination
The Foundation may cancel this Agreement without further liability or penalty to the Foundation
for any of the following reasons:
A. This Agreement may be terminated by either party by giving 15 days written notice to the other
party stating the reasons for termination and the effective date.
B. This Agreement may be terminated on 30 days prior written notice upon the failure of either party
to carry out the terms and conditions of this Agreement, provided the alleged defaulting party is
given notice of the alleged breach and fails to cure the default within the 30-day period.
C. This Agreement may be terminated immediately if the Grantee or an official of the Grantee or an
owner is convicted of any activity referenced in Section 111.D, of this Agreement during the term
of this Agreement or any extension thereof,
VI. Stop Work Order
The Foundation may suspend any or all activities under this Agreement at any time. The
Foundation will provide the Grantee with a written stop order detailing the suspension. Grantee
must comply with the stop work order upon receipt. The Foundation will not pay for Activities,
Grantee's lost profits, or any additional compensation during a stop work period.
VII. Final Reporting Upon Termination
Should this Agreement be terminated by either party, within 15 days after the termination, the
Grantee shall provide the Foundation with all financial, performance and other reports required
as a condition of this agreement. The Foundation will make payments to the Grantee for allowable
reimbursable costs not covered by previous payments or other state or federal programs. The
Grantee shall immediately refund to the Foundation any funds not authorized for use and any
payments or funds advanced to the Grantee in excess of allowable reimbursable expenditures.
VIII. Severabilitv
If any part of this Agreement is held invalid or unenforceable, by any court of competent
jurisdiction, that part will be deemed deleted from this Agreement and the severed part will be
replaced by agreed upon language that achieves the same or similar objectives. The remaining
Agreement will continue in full force and effect.
IX. Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver.
X. Amendments
16
Any changes to this agreement will be valid only if made in writing and accepted by all parties to
this agreement. Any change proposed by the Grantee which would effect the Foundation funding
of any project, in whole or in part in Part I, Section 2.C. of the
Agreement, must be submitted in writing to the Foundation for approval immediately upon
determining the need for such change. The Grantee shall, upon request of the Foundation and
receipt of a proposed amendment, amend this Agreement.
XI. Liability
All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments
arising out of activities, such as direct service delivery, to be carried out by the Grantee in the
performance of this Agreement shall be the responsibility of the Grantee, and not the
responsibility of the Foundation, if the liability, loss, or damage is caused by, or arises out of, the
actions or failure to act on the part of the Grantee, any subcontractor, anyone directly or indirectly
employed by the Grantee, provided that nothing herein shall be construed as a waiver of any
governmental immunity that has been provided to the Grantee or its employees by statute or
court decisions. The Foundation is not liable for consequential, incidental, indirect or special
damages, regardless of the nature of the action.
XII. State of Michigan Agreement
This Agreement must be exclusively governed by the laws and construed by the laws of Michigan,
excluding Michigan's choice-of-law principle. All claims related to or arising out of this Agreement,
or its breach, whether sounding in contract, tort, or otherwise, must likewise be governed
exclusively by the laws of Michigan, excluding Michigan's choice-of-law principles. Any dispute as
a result of this Agreement shall be resolved in the state of Michigan.
XII. Compliance
If the Grantee fails to comply with requirements as set forth in this Agreement, and within allotted
time frames mutually established, the Foundation may, at its discretion, invoke sanctions on the
Grantee, which may include, but are not limited to, actions to collect disallowed costs and/or
cancellation of the Agreement.
17
Safail, and Fringe
EMPLOYEES
1 Nutrition Educator
2' Nutrition Educator
Postage and Shipping
1 Postage
2 Postage
Supplies / Marls & Curriculum (Equip < $5,000
l'Printirg - educational materials
2 Printing - direct mailer
5 Food tasting serving supplies and equipment
4 Food for tastlngs
5 Fru.t and Vegetable Soreeners
Travel
• Local Program Travel
2liConference / Workshop Travel
Contracts .
: Translation
$18,259
$13,491
1: 61,670i
$1,570 ...........
$100'
$9,835
$3,038
$2,2051 .„
$1,0661
$3,4901
$36
• $1.,400
$856 ,. •
$544
61,-500
$1,500: . .
• $0i - -1
TOTAL DIRECT EXPENDITURES:
Indirect Cost Amount (Er not % of Direct Expandures)
,Descnbe basis (e.g., % of salary and fringe) and enter $ amount Mired-12.79 on salary only.
TOTAL GRANT AWARD:
Michigan Fitness Foundation FY2018 SNAP-Ed
ATTACHMENT 1
Oakland County Health Division
FY2018 SNAP-Ed Budget Summary
ATTACHMENT 2
Michigan Fitness Foundation Project Summary
Oakland County Health Division - Taste and Try Challenge
1, SMART Objectives
a. By September 30, 2018, 25% of adult participants who have received a minimum of 3 direct nutrition
education contacts will report a 1/2 cup increase in their daily consumption of fruits and vegetables.
b. By September 30, 2018, 25% of 3rd-5th grade students participating in Cooking with Kids will improve the
frequency with which they report eating both fruits and vegetables.
c. By September 30, 2018, 25% of parents will report that their child (K-2) eats both more fruits and
vegetables since participating in Cooking with Kids.
d. By September 30, 2018, Oakland County Health Division will partner with 2 emergency food pantries
where nutrition education is provided to administer the CX3 Emergency Food Outlet Survey, and each will
implement at least 1 environmental/policy improvement.
e. By September 30, 2018, Oakland County Health Division will partner with at least 2 schools/after-school
programs where nutrition education is provided to administer a Farm to School Assessment and each will
implement at least 1 environmental/policy improvement.
f, By September 30, 2018, Oakland County Health Division SNAP-Ed staff will assist with the implementation
of the Community Coalition Assessment Tool with the Oakland County Food Policy Council to help assess
and develop interventions for SNAP-eligible populations.
2. Focus on Target Audience
Delivery Site Intervention Type Audience
category Target Audience Reach
OLHSA - Holly Woodlands, 3325
Grange Hall Rd, Holly, MI 48442
PSE- CX3 Emergency
Food Outlet Survey
IC- MI HOTM Taste Tests
2 -- Location-based Adults 18+ 120
Adults
OLHSA — Grandparents Raising
Grandchildren, 196 Cesar E Chavez
Ave, Pontiac, MI 48342
DE-Cooking with Kids 3 — Locatio n
serving low-income Children 6-11 20
Children
15
Adults
Waterford School District Crary
Campus, 501 N Cass Lake Rd,
Waterford, MI 48328
DE-Cooking with Kids
PSE-Farm to
School/Institution
3— Location
serving low-
income.
Children 6-11 &
Adults 18+
60
Children
140
Adults
60
Children
Sprout Produce Store, 580 W Huron
St, Pontiac, MI 48341
PSE- School/Farm to
Institution
IC- MI HOTM Taste Tests
3 — Location
serving low-income Adults 18+ 30
Adults
Woodside Bible Church — Pontiac,
830 Auburn Ave, Pontiac, MI 48342
PSE - CX3 Emergency
Food Outlet Survey
/C- MI HOTM Taste Tests
2 —Location-based Adults 18+ 265
Adults
Center for Success — Pontiac
246 E Rundell St, Pontiac, MI 48342
DE-Cooking with Kids
PSE-School/Farm to
institution
3 — Location
serving low-income
Children 6-11 &
Adults 18+
30
Children
30
Children
All Saints Episcopal Church, 171 W
Pike St, Pontiac, MI 48341 IC-MI HOTM Taste Tests
3 — Location
serving low-income
pop.
Adults 18+ 90
Adults
860 TOTAL
3. Program Description
OCHD seeks to maintain a comprehensive public health intervention that provides direct nutrition education
through cooking demonstrations, taste testing's and nutrition education for children and adults at food access
sites. Cooking with Kids will be implemented for children 8-11 years at a summer feeding site in Waterford, a
Pontiac after-school program site where more than 50% of children receive free or reduced-price meals, and in
conjunction with the Grandparents Raising Grandchildren program in Pontiac. Food demonstrations and taste
testing's utilizing the supplemental material, Michigan Harvest of the Month, USDA, MSU Extension, and
ATTACHMENT 2
Produce for Better Health Foundation materials, will be provided to parents and family members of Cooking
with Kids participants, and community members at two SNAP-accepting produce market sites, a church-based
food pantry in Pontiac and a senior citizen based Emergency Food Assistance Program distribution site in
Holly. Twelve MI HOTM nutrition education sessions will occur at each site from April through September
2018. Utilizing the CX3 Emergency Food Outlet Survey and the Farm to School Assessment tool, policy and
environmental changes will be facilitated through partnerships with direct nutrition education site leaders, with
the aim of assessing food environments and improving healthier food offered in these settings. Lastly,
implementing the Community Coalition Assessment Tool with Oakland County's multi-sectoral Food Policy
Council, will inform nutrition and food access-related issues that impact snap-eligible populations within
Oakland County.
3. Summary of Research
Research shows that adults with higher self-efficacy are more likely to change behavior and maintain changes
(Anderson, Winett, Wojcik, 2007). Taste testing fruits and vegetables and participating in food demonstrations at
point-of-food access sites provides adults an opportunity to increase self-efficacy by learning to prepare
healthy foods through engaged learning opportunities at locations where these foods can be obtained. Also
evident is taste preferences for fruits and vegetables are one of the strongest reported correlates of fruit and
vegetable intake among children (Walters & Stacey, 2009). Interactive lessons that include demonstration,
modeling, rehearsal, and feedback are more likely to result in positive behavioral changes than a traditional
didactic approach. Utilizing hands-on experiences with food is an engaging and effective strategy to teach
healthy eating behaviors. Cooking with Kids (CWK) includes all these components within taste test lessons and
cooking demonstrations with children. Nationally, the CWK curriculum has been found to improve fruit and
vegetable preference and cooking self-efficacy among students (IJiker, A., Walters, L., Cunningham-Sabo, L., Baker, S.,
2011; Cunningham-Sabo & Lohse 2014). The CX 3 is a practice-tested tool used to obtain and relay community-level
data to promote healthier communities (Ghirardeili, Quinn, Stone, & Sugerman, 2009), Finally, there is emerging
evidence that Farm to School programs increase knowledge about, willingness to try, and consumption of fruits
and vegetables among school children (Moss A, Smith S, Nuli D, Long Roth 5, Tragoudas U. 2014
4. Program Modifications
Proposal interventions expand SNAP-Ed delivery regionally and additional low-income target populations have
been added. Three new programming locations will be established in Pontiac. Expansion to a northern
Oakland County TEFAP site will also occur. Lastly, collaborating with the Oakland County Food Policy Council
will help guide strategies that impact food access inequities and lend support to the SNAP-Ed Evaluation
Framework ST8, Multi-Sector Partnerships, and Planning. To expand the policy, system and environmental
changes at partner locations, OCHD will utilize the CX3 Emergency Food Outlet Survey and Farm to School
Assessment tool.
5. Education Materials
Title Author
MI HOTM recipe cards, parent newsletters, supplemental materials Michigan Fitness Foundation
Cooking with Kids Curriculum & Student Workbooks Cooking with Kids Curriculum
USDA The Farm to School Planning Tookit USDA
Choose MyPlate; 10 Tips Series: Liven up Your Meals; Build a Healthy Meal; Eating
Better on a Budget; Kid-Friendly Veggies and Fruits. Eat Smart to Play Hard MyPlate
Poster; 10 Facts about child nutrition programs
USDA
Michigan Availability Guide Fruits & Vegetables MSU Extension
Storing Fruits & Veggies Produce for Better Health
Foundation
Farm to School Assessment Tool Minnesota Department of Health
CX3 - Food Bank /Emergency Food Assessment California Dept. of Public Health
Community Coalition Assessment Tool mihealthtools.org/ccat/ of Health Michigan Department
and Human Services
6. Evaluation Approach, Scope and Measures
Evaluation plans 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 surveys and field
notes, consistent evaluation implementation, and prompt result analysis will ensure program improvement and
effectiveness. Key performance measures are to improve the frequency with which adults, students and
students' parents report eating fruits and vegetables, as well as the extent of SNAP-Ed facilitated partnerships
ATTACHMENT 2
created to increase support, access, and appeal of healthier food in nutrition education settings. The evaluation
methods and tools that will be used include tracking cards, pre- and post- evaluations, and surveys.
ATTACHMENT 3
FY 2018 REPORTING DEADLINES
REPORT DUE DATE
Invoice - October
Program highlights - October November 15, 2017
Invoice - November
Program highlights - November December 15, 2017
Invoice - December
Program highlights - December January 15, 2018
Invoice -January
Program highlights - January February 15, 2018
Invoice - February
Program highlights - February March 15, 2018
Invoice - March
Expanded program highlights — Summative in
nature October 1— March 31 (serves as mid-
year report)
April 16, 2018
Invoice - April
Program highlights - April May 15, 2018
Invoice - May
Program highlights - May June 15, 2018
Invoice - June
Program highlights -June July 16, 2018
Invoice - July
Program highlights —July
Final program & budget amendments
August 15, 2018
Invoice - August
Program highlights - August September 17, 2018*
Invoice - September
Program highlights - September October 15, 2018*
Encumbrances - August and September TBD by MDHHS — notice will be sent via email
Year-end report November 5, 2018*
Equipment inventory November 5, 2018*
*These dates subject to change based on year -end deadlines established by MDI-11-1,5 and the Foundation
ATTACHMENT 4
FY18 SNAP-Ed Subrecipient Agreement
Contact List for the Foundation and Grantee
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@michiganfitness.org
Authorized Official
Name: Michael Spisz
Address: 1200 N. Telegraph, Building 34E
Pontiac, MI 48341
Telephone: 248-858-0100
Fax: 248-858-1572
Email: spiszm@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@michiganfitness.org
Programming Contact
Name: Kristina Ottenwess
Address: 1200 N. Telegraph, Building 34E
Pontiac, MI 48341
Telephone: 248-858-8325
Fax: 248-858-5639
Email: ottenwessk@oakgov.com
Financial Contact
Name: Gail Hanna
Address: Michigan Fitness Foundation
PO Box 27187
Lansing, MI 48909
Telephone: (517) 908-3808
Fax: (517) 347-8145
Email: ghanna@michiganfitness.org
Evaluation Contact
Name: Lisa McKay-Chiasson
Address: 1200 N. Telegraph, Building 34E
Pontiac, MI 48341
Telephone: 248-858-1395
Fax: 248-858-5428
Email: Mckay-chiassoni@oakgov.corn
Administrative Contact
Name: Marci Scott
Address: Michigan Fitness Foundation
PO Box 27187
Lansing, MI 48909
Telephone: (517) 908-3862
Fax: (517) 347-8145
Email: mscott@michiganfitness.org
Financial Contact
Name: Tina Sobocinski
Address: 1200 N. Telegraph, Building 34E
Pontiac, MI 48341
Telephone: 248-858-5468
Fax: 248-975-9879
Email: sobocinskit@oakgov.com
ATTACHMENT 5
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 the Foundation on behalf of the organization contracted in FY18 SNAP-Ed
Subrecipient Agreement attached hereto.
Name Name
Title Title
Organization Organization
Signature Signature
MICHIGAN FITNESS FOUNDATION ATTACHMENT 6
P.O. Box 27187
Lansing, MI 48909
Telephone 517-347-7891
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 (the Foundation) 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 ONE Part §200.500 -> please complete part A
[I a not-for-profit organization and subject to ONE 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 ONE Part §200.500 -> please complete part B
[ ] a US for-profit organization and not subject to ONE Part §200.500 -> please complete part 5
[ ] 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 §200.500 (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. [ ] 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 / [ ] 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 suhaward(s) if there are material findings).
Part B I ] We are NOT subject to the OMB Part §200.500 (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
[ I An independent auditor's management letter
[ j 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 MEE. (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:
Name and Title:
Institution:
E-mail:
Date:
Tax Identification No:
Phone Number:
This institution is an equal opportunity provider.
ATTACHMENT 7
FY 2018 MFF SNAP-Ed Personnel Expense Certification
MICHIGAN
FITNESS
FOU DATIO
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 (1HE), 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). (IHE 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
Submit, for each person contributing time and effort to SNAP-Ed as noted in Attachment 1 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.
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 Gail Hanna, Accounting Manager (517) 908-3808 or
ghanna@michiganfitness.org .
FISCAL NOTE (MISC. #17329) December 7, 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 $50,000 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 begins on the date of contract execution through September 30, 2018.
4. Funding will be used to create one (1) Special Revenue (SR) Part-Time Non-Eligible Public Educator
position and continues funding of one (1) SR PTNE Public Health Educator ll 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 2018 budget is amended as follows:
HEALTH COMMUNITIES PLANNING FUND (#28320)
GR0000000562 / Budget Reference 2018 activity: GLB analysis: GLB
FY2018
Revenue
1060233-133350-610313 Federal Operating Grants
Total Revenue
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
1060233-133350-731388 Printing
1060233-133350-750462 Provisions
1060233-133350-732018 Travel and Conference
1060233-133350-750294 Materials & Supplies
1060233-133350-750448 Postage-Standard Mailing
1060233-133350-750567 Training-Educational Supplies
1060233-133350-774677 Insurance
Total Expenditures
$ 7,400
$ 7,400
$ 9,079
483
1,346
240
260
193
55
(958)
(149)
(1,030)
(1,939)
(180)
$ 7,400
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
j„. 7
Resolution #17329 December 7, 2017
Moved by KowaII supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman; Jackson, KowaII, Long, McGillivray,
Middleton, Quarles, Tietz, Weipert, Woodward, Zack, Berman, Crawford. (17)
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 execuuve
ACTING PURSUANT TO MO. 45,509A(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 December 7, 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 7th day of December, 2017.
Lisa Brown, Oakland County