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Home My WebLink AboutResolutions - 2021.03.11 - 34230MISCELLANEOUS RESOLUTION #21074 March 11, 2021 BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee IN RE: 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 Oakland County Health Division $61,646 in grant funding for "Supplemental Nutrition Assistance Program Education" (SNAP-ED) to provide nutrition education and food demonstrations to food stamp recipients in Pontiac to improve the likelihood of making healthy food choices on a limited budget; and WHEREAS the grant award period is October 1, 2020, through September 30, 2021; and WHEREAS this agreement is sufficient to continue funding one (1) Special Revenue (SR) Part -Time Non - Eligible (PTNE) 1,000 hours per year Public Health Educator II position (#1060241-11822) that was created in MR #16021 for this project; and WHEREAS the Michigan Fitness Foundation (MFF) has increased its funding to provide assistance in implementing of a fitness program within the City of Pontiac, including the creation of one (1) SR funded PTNE 1,000 hours per year Public Health Educator II position within Health Program Services (#1060241); and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Grants Policy approved by the Board at their January 21, 2021 meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Fitness Foundation's agreement in the amount of $61,646 for the grant period October 1, 2020, through September 30, 2021. BE IT FURTHER RESOLVED to continue one (1) SR funded PTNE 1,000 hours per year Public Health Educator II position (#1060241-11822). BE IT FURTHER RESOLVED to create one (1) SR funded PTNE 1,000 hours per year Public Health Educator II position within Health Promotion Services unit (#1060241). 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 Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which is consistent with the agreement as originally approved BE IT FURTHER RESOLVED the Fiscal Year 2021 budget is amended as follows: HEALTH COMMUNITIES PLANNING FUND (#28320) FY 2021 GR0000001009 Bud Ref: 2021 Analysis: GLB Activity GLB Revenues 1060241-133350-610313 Federal Operating Grant $61,646 Total Revenue $6JG_46 Expenditures 1060241-133350-702010 Salaries Regular $45,406 1060241-133350-722740 Fringe Benefits 2,388 1060241-133350-730926 Indirect Costs 4,500 1060241-133350-730982 Interpreter Fees 1,000 1060241-133350-731388 Printing 1,050 1060241-133350-732018 Travel and Conference 2,711 1060241-133350-750294 Material and Supplies 2,800 1060241-133350-750448 Postage -Standard Mailing 100 1060241-133350-750462 Provisions 1,691 Total Expenditures HEALTH COMMUNITIES PLANNING FUND (#28320) FY 2021 GR0000000562 Bud Ref: 2020 Analysis: GLB Activity GLB Revenues 1060241-133350-610313 Exoenditures 1060241-133350-702010 1060241-133350-722740 1060241-133350-730926 1060241-133350-730982 1060241-133350-731388 1060241-133350-732018 1060241-133350-750294 1060241-133350-750448 1060241-133350-750462 1060241-133350-774677 Federal Operating Grant (25 000 Total Revenue (25 000 Salaries Regular $ (17,938) Fringe Benefits (1,035) I ndirect Costs (2,133) Interpreter Fees (450) Printing (650) Travel and Conference (990) Material and Supplies (100) Postage -Standard Mailing (100) Provisions (1,504) Insurance Fund (100) Total Expenditures (25 000 Chairperson, on behalf of the Public Health and Safety Committee, I move for the adoption of the foregoing resolution. Commissio er Penny Luebs, District #16 Chairperson, Public Health and Safety Committee PUBLIC HEALTH AND SAFETY COMMITTEE VOTE: Motion carried on a roll call vote with Kuhn and Powell absent. GRANT REVIEW SIGN -OFF — Health & Human Services/Health GRANT NAME: FY2021 SNAP -Ed Subrecipient Agreement FUNDING AGENCY: Michigan Fitness Foundation DEPARTMENT CONTACT PERSON: Stacey Smith / (248) 452-2151 STATUS: Grant Acceptance (Greater than $10,000) DATE: 02/ 12/21 Please be advised the captioned grant materials have completed 'internal grant review. Below are the returned comments. The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign - off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by Management & Budget. The draft resolution will need to be updated to incorporate the budget amendment. — Lynn Sonkiss (02/10/21) [updated] Human Resources: HR Approved — HR Action Needed — Creates new position — Lori Taylor (02/10/21) [HR write up provided] Risk Management: Approved by Risk Management with the following Services Agreement Modification: • Section 10. D. Insurances to Maintain, 1. General Liability: This section must be modified to include the wording ,or self-insurance" after the word "insurance" and delete the "additional insured" requirement as this is not possible with the County's self -insured status. • Section 15. Indemnification: Risk Management defers to Corporation Counsel regarding the elimination or deletion of this section. — Robert Erlenbeck (02/10/21) [Department has requested the update 02-11-21] Corporation Counsel: Approved by Corporation Counsel. - Sharon B. Kessler (02/11/21) SERVICES AGREEMENT THIS SERVICES AGREEMENT ("Agreement") is entered into between Michigan Physical Fitness, Health and Sports Foundation, Inc. DBA Michigan Fitness Foundation ("MFF"), and "Contractor" as identified on Schedule A, attached hereto and made a part hereof (each of the foregoing a "Party" and collectively, the "Parties"). This Agreement is not valid without a complete and initialed Schedule A, Schedule B, and Schedule C, each of which are attached hereto and made a part hereof. In consideration of the mutual terms, promises, and conditions contained herein, the Parties agree as follows: 1. Contractor's Services; Duration. MFF retains Contractor to provide services as described in the "Scope of Services" portion of Schedule A of this Agreement (the "Services"), as of the date and for the duration as set forth in Schedule A. 2. Fees and Pavment Terms. A. Payment by MFF of Fee. MFF will pay the Contractor a fee for all authorized Services performed during this engagement and the term of this Agreement, as described in and pursuant to the invoicing, payment schedule, and other provisions included in the "Invoicing and Fees for Services" portion of Schedule A. B. Unobligated Funds. Funds not used within the term of this agreement and for the explicit purpose outlined in this Agreement must be returned to MFF. C Indirect Costs. Contractor is allowed to use an approved state or federal indirect rate certified by an appropriate cognizant agency in their budget calculations and financial status reporting. If Contractor does not have an existing approved state or federal indirect rate, they may use a 10% de minimis rate in accordance with Title 2 Code of Federal Regulations (CFR) Part 200 to recover their indirect costs. Contractor must provide indirect rate documentation to MFF for review and approval before those expenses can be reimbursed. If Contractor is unable to obtain sufficient indirect rate documentation or receive MFF approval of the provided indirect rate documentation, Contractor is not permitted indirect cost reimbursement. Rather, Contractor may only be reimbursed for allowable direct expenses. Provisional indirect rates will appear on Attachment 1 Budget Summary. 3. Termination of Agreement and Contractor's Responsibilities. A. Termination for Convenience or Other Reason. Either Party may terminate this Agreement for convenience or any reason without any penalty or further obligation upon providing 30 days written notice. B. Termination by MFF For Specific Reasons Including Good Cause. MFF may immediately and without advance notice terminate this Agreement, in writing, in the event that Contractor breaches Sections 5 or 6 of this Agreement; commits an act constituting good cause, misconduct, or a material misrepresentation in any communication to MFF, as determined in MFF's reasonable discretion and after Contractor has been provided a thirty (30) day period to cure the issue described with specificity in the notice, including failure or refusal to provide requested Services; or is unable to adequately and timely perform the Services contemplated by this Agreement. SNAP-ED C I P Fy21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 1 of 21 C. Termination by Contractor for MFF Breach. Contractor may terminate this Agreement upon breach of this Agreement by MFF if the breach is not cured within thirty (30) days of the date of written notice from Contractor should MFF not fulfill its obligations under this Agreement such as providing adequate scope of work, product or service descriptions, or customer support to ensure successful implementation of this Agreement. If Contractor terminates this Agreement, then MFF will have no obligation to reimburse Contractor for costs and/or expenses incurred beyond the termination date. In no event will MIFF'S obligation be more than the amount funded under this Agreement. D. Termination or Non -Completion Due to Funding Limitation or Loss. MFF's funds for purposes of this Agreement are subject to and conditional upon the availability to MFF of those funds for such purposes. No commitment is made by MFF during the term of this Agreement to complete or continue the activities covered by this Agreement, or to expand those activities beyond the term of this Agreement. MFF may terminate this Agreement, or in the alternative, mutually agree with Contractor for a reduced level of Services and reduced compensation, upon written notice to Contractor, either, (i) thirty (30) days prior to such termination or reduction if at any time including prior to the completion of this Agreement, in the sole discretion of MFF, funding becomes unavailable for the Services or such funds are or may become restricted, or (ii) effective on such earlier date that any funding anticipated by MFF is to terminate or be materially reduced. E. Stop Work Order. MFF may suspend any or all activities under this Agreement at anytime and will provide Contractor with a written stop work order detailing the suspension. Contractor for itself and its principals, employees, and permitted agents (the foregoing collectively "Contractor Entities") must comply with the stop work order upon receipt. MFF will not pay for activities, Contractor Entities' lost profits, or any additional compensation performed by Contractor Entities after Contractor receives a stop work order and during a stop work period. F. Contractor Entities' Obligations on Termination or Closeout. In the event of a termination of this Agreement, for any reason, Contractor Entities shall have the affirmative obligations identified below. These obligations shall be non-exclusive, and identification of these obligations shall not, and shall not be construed to, limit other reasonable obligations of Contractor Entities in the event of a termination or closeout. I. Work Cessation; Mitigation. Contractor Entities shall as promptly as possible cease all work or Services and take any reasonable action to mitigate or reduce any loss or additional costs arising from such termination. ii. Work Preservation. Contractor Entities shall in consultation with MFF take reasonable actions to preserve the work or value of Services performed prior to such termination. iii. Deliverables and Work -in -Progress. Contractor Entities shall reasonably promptly deliver to MFF all complete work or partially -complete work -in -progress ("WIP"), in whatever form or format (all of the foregoing, collectively, "Work Product or WIP"). MFF shall in conjunction with Contractor Entities determine whether Contractor Entities shall provide any Work Product or WIP in existence at the time of termination, in which event Contractor shall be reimbursed its duplication costs, in which event the Parties shall agree on reasonable compensation to Contractor. iv. MFF Assumption of Subcontracts. Upon a good faith termination, which shall be determined by MFF in its sole discretion, MFF may assume at its option, any subcontracts and agreements for services and deliverables to be provided under this Agreement and may SNAP-ED CIP FY21— Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 2 of 21 further pursue completion of the deliverables or Services due by replacement contract or otherwise as MFF may in its sole discretion deem reasonable and expedient. v. Transitioning. Contractor Entities shall comply with all directions of MFF in transitioning the Work Product or WIP or other result of the Services. MFF shall compensate Contractor for such transition services at an hourly rate calculated based on the Schedule A rate. vi. Termination or Closeout. In any termination, or upon completion of the Services, Contractor shall provide MFF within thirty (30) days, with all financial, performance, or other reports required as a condition of this Agreement. Contractor shall also within that period refund to MFF any payments or advances in excess of allowable reimbursable expenditures. Contractor Entities' additional obligation to return and/or delete all of MFF's information or materials, including work product or work in process, and to certify those actions, are specifically set forth in Sections S.C. and S.D., below. vii. Continuing Obligations. Neither termination nor closeout of Contractor Entities' obligations under this Agreement shall or shall be deemed to terminate Contractor Entities' continuing obligations, including but not limited to, Confidentiality (see, Section 5), Non -Compete (see, Section 6), Examination and Maintenance of Records (see, Section 20). 4. Ownership and Publication of Work and Work Product. Contractor Entities agree as follows: A. Work for Hire. That all work produced in whole or in part by Contractor Entities specifically and exclusively in rendering , and directly related to, the Services under this Agreement, including, without limitation, all inventions, creations, expressions, improvements, computer programs, specifications, operating instructions, and all other documentation, whether patentable or unpatentable, which are first conceived or made, or in part derived from information supplied by MFF, on whatever media rendered (collectively, the "Work Product"), shall constitute work made for hire under the U.S. Copyright Act and deemed made in the course of Services rendered by the Contractor Entities for MFF, shall be free and clear of all claims, liens, and encumbrances and shall be the exclusive property of MFF. MFF shall have the unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute, and sell the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Contractor Entities have no rights to make, use, reconstruct, repair, modify, reproduce, publish, distribute, or sell the Work Product, in whole or in part, without express written permission from MFF, except as described in Section 4.C. below. B. Alternative Assignment of Rights. To the extent that title to any such Work Product may not, by operation of law, vest in MFF, or such Work Product may not be considered to be work made for hire under the U.S. Copyright Act, Contractor Entities agree as follows: i. Assignment. Contractor Entities hereby now, and shall in the future as and when such rights arise, irrevocably and unconditionally transfer and assign to MFF in perpetuity (or for the longest period of time otherwise permitted by the applicable law), all worldwide rights, title and interest, and ownership, in and to the Work Product, including, without limitation, patent rights (including to make, use, or sell), copyrights (including the right to copy, adapt, distribute, display, and perform), trademarks, service marks, trade names (including, in the case of trademarks, service marks and trade names, all goodwill appertaining thereto), trade secrets (including the right to use and disclose), moral rights, shop rights, and all other rights of industrial or intellectual property (including applications for registration thereof), both in the U.S. and foreign, license rights, inventions, know-how, and the right to file for, make, or maintain, without further authorization by Contractor Entities, patent applications or other SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 3 of 21 forms of invention protection in MFF's own name, in the U.S. or any foreign country, and all rights of priority provided by all applicable treaties or conventions. ii. Grant of License. Contractor Entities hereby grant to MFF an unrestricted, irrevocable, nonexclusive, worldwide, fully paid up, perpetual license, with the right to sublicense, in and to Contractor Entities' proprietary rights required for use in connection with the Work Product. C. Pre -Existing Works. This section is subject to and limited by Contractor Entities' ownership interest in and to any pre-existing works ("Pre -Existing Works"), provided that Contractor Entities have previously and timely disclosed their claimed interest in such Pre -Existing Works on Schedule C of this Agreement. Contractor Entities shall have no interest in or claim to any alleged pre-existing work or works that are not disclosed on Schedule C or a subsequent amendment thereto. Contractor Entities fully warrant that they are the sole and original authors of all works, materials, or content prepared under this Agreement. 5. Non -Disclosure of Proorietary and Confidential Information; Return to MFF. A. Proprietary and Confidential Information. Contractor Entities acknowledge that in the performance of the Services provided for in this Agreement, they will have use of and access to proprietary and confidential information of MFF and/or, as specifically identified in writing by MFF to Contractor Entities as proprietary or confidential, of other entities that have provided to MFF proprietary or confidential information belonging to them, and further, will develop Work Product or WIP exclusively and specifically related to the Services (all of the foregoing collectively, the "Proprietary and Confidential Information'). For the purpose of clarity, and not by way of limitation, Proprietary and Confidential Information may include: (i) written or electronic materials or documents; (ii) financial information, business or educational methods or practices; (iii) trade secrets; (iv) technology or improvements to technology; (v) know-how, processes, and methods of MFF; (vi) past and present business or affairs of MFF; (vii) new and future concepts and business of MFF; (viii) client or participant information of or concerning persons including students who apply for or receive Services directly or indirectly, and including any information about such client or participant that is subject to HIPAA; (ix) information that is retained in confidence by MIFF and disclosed to Contractor Entities as confidential, or is otherwise required to be held in confidence and which, in the case of tangible materials, is marked as confidential, proprietary, or with a similar designation by MFF; and (x) any other information intended by MFF to be proprietary or confidential. This section includes written, electronic, and verbal disclosure. As a guide, Contractor Entities are to consider information originated, owned, controlled, used, or possessed by MFF, which is not disclosed in printed publications stated to be available for distribution outside MFF, as Proprietary and Confidential Information. Proprietary and Confidential Information does not include, and there shall be no restrictions on disclosing information that (i) is now in the public domain, or that later enters the public domain, through no action by Contractor Entities in violation of this Agreement; (ii) Contractor Entities can demonstrate that such information was already in their possession on a non - confidential basis prior to its disclosure to Contractor Entities pursuant to this Agreement; (iii) is independently developed by Contractor Entities without reference to, or the use of, any Proprietary and Confidential Information; (iv) becomes available to Contractor Entities on a non - confidential basis from a source other than MFF, provided that, to the knowledge of Contractor SNAP-ED LIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 4 of 21 Entities, such source was not bound by an obligation of confidentiality to MFF; (v) approved for disclosure or release by written authorization of MFF; or (vi) required by law to be disclosed. B. Non -disclosure. Contractor Entities agree they will not, at any time, whether during or following the term of this Agreement (i) disclose Proprietary and Confidential Information to any other entity or person without the prior written authorization of MFF, or (ii) use or permit the use by any other person or entity of the Proprietary and Confidential Information for any purpose except in the course of Contractor Entities' performance of the Services. C. Contractor Entities' Obligation to Return to MFF Exclusively and/or Delete All Proprietary and Confidential Information, and Work Product and WIP. At any time upon written request of MFF, or upon the termination of this Agreement regardless of the reasons for such termination and without the necessity of a request by MFF, Contractor Entities shall immediately return to MIFF, exclusively, all Proprietary and Confidential Information in their possession or control including all Work Product or WIP. This includes but is not limited to all native files and copies of documents or other information storage system(s) including computer disks, CD ROM, or other storage device or means of storing such information that is the property of MFF. Contractor Entities specifically agree that if any such information is transferred to the hard drive of any computer not owned by MFF, then Contractor Entities shall ensure that all such information is deleted from such computers. Before any such deletion of stored information is completed, Contractor Entities shall make copies of all such Proprietary and Confidential Information (including all Work Product or WIP) and return said copies to MFF. Contractor Entities shall also take all necessary affirmative steps to ensure that no Proprietary and Confidential Information thereafter remains in its possession or control. D. Confidentiality of Agreement. The Parties agree that this Agreement and the attachments hereto are confidential, however, Contractor Entities shall not be under any obligation to delete this Agreement at any time. 6. Non -Competition and No Solicitation. MFF has a reasonable competitive business interest in protecting its products, business plans, methods, and other information critical to its business (MFF's "Reasonable Competitive Business Interests"). Accordingly, during, and for a period of two (2) years from the date of termination of this Agreement, Contractor Entities shall not for themselves or as an independent contractor, employee, consultant or otherwise, directly or indirectly, do any of the following identified in A, B, C, D, E, or F, below: A. Provide Services to; or B. Own, manage, operate, control, be employed by, or participate with any person or entity that is "Competitive" with MFF; or C. Seek or solicit business from or sales to; or D. Provide or obtain, clients, customers, prospects, or referrals, from; or E. Provide services of a nature similar to the Services to, or be employed by, any person or entity that was at any time within the preceding twenty-four (24) months, a customer of MFF or who or that, during the engagement of Contractor Entities, was identified by MFF as a specific prospect to do business with or make purchases from MFF (an "MFF Customer or Prospect"); or F. Solicit or encourage MFF's customers, suppliers, consultants, distributors, or independent contractors to terminate their relationship or contract with MFF. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 5 of 21 A person or entity that is "Competitive" with MFF is defined as any person or entity that engages in any activity in which MFF is involved. An "MFF Customer or Prospect" includes grant projects. The Parties recognize that MFF's business services and sales are global and therefore agree that this Section 6 shall apply within the United States, Canada, and internationally. 7. Contractor's Obligation to Ensure Compliance with Confidentialitv and Non-Comaete Restrictions. Contractor shall before accepting this engagement take all actions necessary to ensure that Contractor Entities assigned to this engagement are bound in writing to comply with the provisions of Sections 5 and 6. Contractor shall upon request certify in writing its affirmative actions taken in furtherance of any of Contractor's obligations set out in Sections 5 and 6, and produce all related agreements or other documents. 8. Remedies for Breach of Confidentiality or Nan -Competition and No -Solicitation Sections. Contractor agrees that MFF would be irreparably injured in its business and would not have an adequate remedy at law if any Contractor Entity were to breach Sections 5 or 6 of this Agreement, and that, in the event any such breach, threatened breach, or violation occurs, MFF will be entitled to all appropriate temporary or permanent injunctive relief without any requirement of bond, and in addition to any other legal or equitable remedies. Contractor also agrees that if MFF seeks and obtains any relief pursuant to this section, MFF shall be entitled to recover from Contractor its actual attorneys' fees and costs. In addition to the foregoing equitable relief, in the event of breach of Sections 5 or 6 of this Agreement, Contractor agrees to pay to MFF, with respect to every breaching Contracting Entity, an amount equal to One Hundred (100%) percent of the revenue received from sales made or services rendered during the two (2) year restriction period which is attributable to any breach. 9. Contractor Entities' Authoritv. Contractor Entities shall have only the express authority as set out in this Agreement and the attachments hereto. Contractor Entities shall have no authority to: (i) represent themselves as employees of MFF; or (ii) enter into, or sign MFF's name on, any agreement on behalf of MFF without prior, written consent from an authorized member of MFF's executive management. 10. Contractor Entities' Representations and Warranties. Contractor represents and warrants as follows: A. Best Efforts. To use its best efforts to provide the Services and carry out the terms of this Agreement. B. Expenses. To pay all expenses including employee or contractor wages necessary in the Contractor's business for the performance of Services. C. Taxes. To timely pay, and hold MFF harmless from, any and all liability for withholding or other state or federal income tax arising from or related to the provision by Contractor Entities of the Services. D. Insurances. To maintain: i. General liability insurance in the amount of $1,000,000 with MFF listed as an additional insured, Auto insurance in the amount of $1,000,000 ii. Workers compensation as required by state law. iii. Privacy and Security Liability (Cyber Liability) Insurance that covers information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability. SNAP-ED C I P FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 6 of 21 Proof of insurance should be returned with the signed agreement. If the Contractor Entities will deal with children, schools, or the cognitively impaired, coverage must not have exclusions or limitations related to sexual abuse and molestation liability. E. Contractor Entities' Right to Accept Engagement. Contractor has not entered into and is not subject to any written or unwritten agreement, understanding, or contract, including any non - competition or confidentiality agreements, with any entity or person which would conflict in any way with the Contractor's provision of Services under this Agreement. F. Permissible Employment of Employees, Agents, and Contractors. All employees, agents, and contractors of Contractor who are assigned to provide Services are lawfully: (i) permitted to provide Services pursuant to this Agreement; (ii) employed by Contractor; and are (iii) legally present to work in the United States. G. Credentialed Providers. Contractor is properly credentialed, trained, and if required, licensed, to provide the Services. H. Background Checks. Contractor certifies that the Contractor shall conduct or cause to be conducted Criminal Record and Central Registry background checks when applicable and use reasonable measures to protect the rights and privacy of vulnerable populations. I. Compliance with Civil Rights Laws; HIPAA. Contractor will not unlawfully discriminate against any employee, applicant, subcontractor, service participant, or service applicant, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, partisan considerations, physical/mental disability or genetic information unrelated to the individual's ability to perform the duties of the particular job or position or to receive services, or any other State or Federally protected class. Contractor Entities will comply with all obligations and requirements of the Health Insurance Portability and Accountability Act (HIPAA) and all regulations promulgated thereunder, including 42 CFR Part 160 and Part 164. J. Participant Privacy and Waiver or Assignment of Rights including Copyright. Contractor shall ensure the privacy of and obtain a lawful and adequate release and acknowledgement from each participant ("Participant") in any activities that are or become MFF work for hire under this Agreement. Contractor shall provide a release, authorization, or other documents to MFF prior to allowing each Participant to engage in any activity pursuant to Contractor's Services. Contractor shall obtain from each Participant an adequate waiver, or assignment to MFF, of any right, including copyright, to permit MFF to use to the full extent of applicable law, any image, likeness, performance, voice recording, location permission, copyright, or similar right or claim of each Participant. K. Anti -Lobbying Act. Contractor 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 104-208). L. Pro -Children Act. Contractor will comply with Public Law 103-227, also known as the Pro - Children Act of 1994, 20 USC 6091 et seq, and that any Service 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 Contractor. If Services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke - free. SNAP-ED CIP FY21-0akland County Health Division Rev 10.5.2020 CIP Services Agreement Page 7 of 21 11. No Suspension. Debarment. or Failure to Perform: Notice. Contractor represents, warrants, and by signing below, certifies as follows: A. Debarment and Suspension. Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies that to the best of its knowledge, that they: i. 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. ii. 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. iii. 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 seq. iv, Have not within a three (3) year period preceding the effective date of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause and default. Where Contractor is unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this Agreement. B. Contractor Notification Obligations. The Contractor shall disclose to MFF in writing within 14 days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, "Proceeding") involving Contractor or an officer or director of a Contractor Entity, that arises during the term of this Agreement including: i. All violations of federal and state criminal law involving fraud, bribery, or gratuity violations potentially affecting the agreement; ii. A criminal Proceeding; iii. A parole or probation Proceeding; iv. A Proceeding under the Sarbanes-Oxley Act; v. A civil Proceeding involving: a. A claim that might reasonably be expected to adversely affect Contractor's viability or financial stability; or b. A governmental or public entity's claim or written allegation of fraud; or c. A Proceeding involving any license that Contractor is required to possess in order to perform under this Agreement. C. Additional Contractor Certifications. Contractor has not, to its knowledge, within the past three (3) years immediately preceding the effective date of this Agreement: i. Failed to substantially perform a Federal or State contract or subcontract according to its terms, conditions, and specifications within specified time limits. ii. Refused to provide information or documents required by a contract including, but not limited to, information or documents necessary for monitoring contract performance. SNAP-ED CIP Fy21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 8 of 21 iii. Failed to respond to requests for information regarding contract compliance or accumulated repeated substantiated complaints regarding performance of a contract. iv. Failed to perform a Federal or State contract or subcontract in a manner consistent with any applicable Federal or State law, rule, regulation, order, or decree. D. Failure or Inaccurate Disclosure or Certification. If it is determined that the Contractor knowingly rendered an erroneous certification under this Section 11, in addition to the other remedies available to MFF, Contractor shall immediately upon receipt of written notice from MFF, repay to MFF all payments received from MFF pursuant to this engagement. In addition, MFF may immediately terminate this Agreement, by written notice. E. Contractor Obligation to Communicate Certification, Reporting, and Related Provisions. Contractor agrees to communicate and include the terms and requirements of this Section 11 in any contract between Contractor and any of Contractors Entities. F. Possible Debarment; MFF Notice to DHHS. As to any contract entered pursuant to MFF's "Prime Agreement" with DHHS, if MIFF finds that grounds to debar Contractor exist, MFF shall notify Michigan Department of Health and Human Services (DHHS), MFF's prime contracting agency for the funds associated with the Services defined in this Agreement, who shall follow DHHS procedures regarding possible debarment. 12. Reassignment and Removal of Service Personnel. MFF reserves the right to require Contractor to remove any of Contractor's employees, participants, agents, or independent contractors providing Services pursuant to this Agreement from MFF's premises at any time when any of them are acting contrary to the best interests of MFF's business or are in breach of this Agreement. MFF does not have to pay services rendered by such removal. 13. Evaluation. A. Because concurrent research and evaluation may impact evaluation of the Services performed under this Agreement, all material and substantiated evaluation processes directly related to the Services must be disclosed, provided such processes are not otherwise proprietary to Contractor or a third party. MFF must receive a written scope of work and budget for other research and/or evaluation in areas directly and substantially related to this program's Services, as defined in Attachment 2. This written notice must be received by MFF within the first month of this Agreement or within two (2) months of initiation of the efforts described above that begins during this Agreement. B. Contractor shall implement a customized, comprehensive evaluation plan developed in collaboration with MFF as described in the Services. Should MFF, MDHHS, or USDA determine that additional specific evaluation or reporting components are required at any point in the contract year, the Contractor shall comply with these requirements within one (1) month of being notified by MFF in writing of the required additional evaluation or reporting components and the agreement of the Parties as to any appropriate amendments to the scope of Services. C. Protection of the rights of human subjects shall be considered in all evaluation processes, in compliance with Federal Policy for the Protection of Human Subjects, 45 CFR 46. Active IRB protocols and approvals that include the SNAP -Ed target audience covered by this Agreement must be submitted to MIFF for coordination with MFF IRBs for SNAP -Ed evaluation. D. All data collected in support of this Agreement, including evaluation data, must be included in the grant records and submitted to MIFF upon request. Evaluation data must be retained according to the general record retention requirements in this Agreement. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 9 of 21 14. Independent Contractor Relationship. Contractor's relationship with MFF pursuant to this Agreement is that of an independent contractor and not employees. Contractor shall bear all expenses incidental to the performance of Services including the payment of all compensation owed to or remuneration due any of its employees, participants, agents, or contractors, and all Federal and State income tax, social security tax, unemployment insurance taxes, or any other taxes, business license fees, insurance coverage (including worker's compensation insurance) as required. Contractor agrees that its employees, agents, and contractors are not employees of MFF, and are not entitled to any benefit that MFF provides its employees. Notwithstanding this independent contractor relationship, the Services contemplated herein must meet MFF's approval and shall be subject to MFF's general right of supervision to secure the satisfactory completion thereof. Further, the Parties recognize that Contractor Entities are free to provide services to others provided that Contractor does not thereby breach any provision of this Agreement including but not limited to Sections 5 or 6. 15. Indemnification. Contractor indemnifies MFF for (i) any claims paid, liens assessed or moneys found owing by MFF to any of Contractors' employees, participants, agents or independent contractors for services provided under this Agreement or due to any claim by any of Contractor's employees, agents or contractors against MFF, including but not limited to a claim related to the removal or such person pursuant to Section 12 of this Agreement; (ii) any loss and all actual and consequential damages resulting from the breach by Contractor including any employee, agent or contractor of Contractor, of any term or provision of this Agreement; (iii) any loss or claim brought by any Participant in any activity engaged in under this Agreement or due to any failure of Contractor to obtain any required and adequate Participant release or waiver pursuant to Section 101 of this Agreement; and (iv) any loss and all actual and consequential damages resulting from or caused by any work or Services provided by Contractor pursuant to this Agreement. Indemnification shall include reasonable attorney fees and expenses incurred by MFF as the result of any claim brought against it for which it is indemnified by Contractor, and the costs of bringing any lawsuit or arbitration proceeding, lien, or other legal action to recover any amount owed by Contractor under this Indemnification provision. 16. Arbitration. Any dispute or claim arising under or related to this Agreement or its breach, with the exception of any claim for injunctive relief to remedy a breach of Sections 5 or 6 herein, shall be submitted to binding arbitration. The Party seeking arbitration must provide written notice to the opposing Party of the intent to arbitrate claims. The arbitrator shall apply the law of the State of Michigan or the federal law of the United States of America, or both, as applicable to the claims asserted. The award of the arbitrator shall be binding and final on all Parties. Judgment upon the award rendered may be entered in any court having jurisdiction thereof. 17. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Michigan. Any suit or arbitration proceeding arising under or to enforce any provision of this Agreement shall be brought in Ingham County, Michigan. 18. Complete Agreement. This Services Agreement and the attachments hereto contain the complete agreement between Contractor and MFF regarding the subject matter, and any and all prior agreements, arrangements, representations, or understandings between Contractor and MFF are superseded by this Agreement. This Agreement may be modified or renewed only by an express written agreement executed by Contractor and an authorized representative of MFF. 19. Notification. All Notices under this Agreement shall be in writing and shall be effective upon receipt and shall be sent using either the Wall or Adobe Share electronic communication platforms (which certify both sending and receipt of the Notice) to the Contractor or to ereillw@michieanfitness.ore. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 10 of 21 20. Examination and Maintenance of Records. Contractor shall permit MFF or any authorized agent access to facilities being utilized by Contractor, at any reasonable time upon reasonable prior notice, to observe the operation, books, and records of the Contractor . Contractor shall at the Contractor's cost, retain all books, records, data or other documents relevant to this Agreement (not returned to MFF or deleted as provided above), for four (4) years after the date final payment is due. 21. Assignment. This Agreement is personal to each of the Parties hereto and may not be assigned by the Contractor or MFF. An attempt to assign this Agreement without prior written agreement of both Parties shall result in the termination of this Agreement. 22. Severability. If any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of MFF and Contractor shall be construed and enforced accordingly. 23. Retention of Contractor Not Exclusive. Nothing in this Agreement or otherwise shall prevent MFF from retaining other contractors or others to provide services or Services and upon such terms as it and they may decide. 24. Counterparts. This Agreement may be executed in two counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement with one counterpart being delivered to each Party hereto. 25. Effective Date. The effective date of this Agreement shall be the date of its execution by both Parties, unless otherwise noted in Schedule A. Oakland County Health Division U1 Its: Date: Michigan Physical Fitness, Health and Sports Foundation, Inc. a Its: President and CEO Date: SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 11 of 21 SCHEDULE A to SERVICES AGREEMENT BETWEEN MFF AND OAKLAND COUNTY HEALTH DIVISION Service Agreement Incorporated; Defined Terms. This Schedule A ("Schedule A") is an attachment to and an essential part of the Services Agreement ("Agreement") between the Contractor, as identified below, and MFF. All defined terms in the Agreement shall have the same meanings in this Schedule A. Conflict between Schedule A and Agreement. In the event of any disagreement between the language of this Schedule A and the Agreement, the language of this Schedule A shall control. Purpose of Schedule A. Schedule A sets forth the specific terms of the Parties' agreement with respect to the specific Contractor engaged. The Agreement is not valid without a complete and fully executed Schedule A. Accordingly, MFF and Contractor agree: 1. Contractor: Addresses for Notice. Contractor's legal name is Oakland County. Contractor's EIN is 38-6004876. The Parties' addresses for notice are: Michigan Fitness Foundation PO Box 27187 Lansing, MI 48909 Oakland County Health Division 1200 N. Telegraph, Building 34E Pontiac, MI 48341 2. Duration of Agreement. This Agreement will commence on October 1, 2020 and continue through September 30, 2021. If this Agreement is not fully executed by October 31, 2020, unless a specific limited -time extension is negotiated, no services shall be provided and no costs incurred until this Agreement is fully executed by both Parties. This Agreement is in full force and effect for the period specified. 3. Invoicing and Fees for Services. MFF will pay the Contractor on a reimbursement basis for Services and costs specifically outlined in Attachment 1—the Budget Summary and Attachment 2 —the Program Summary and Timeline to this Schedule. Contractor shall use the invoice template provided by MFF. Contractor shall provide an invoice by the 10th of each month. Expenditures must align with the program's progress and align with grant regulations and the MFF FY 2021 Programming and Operations Manual for Community Impact Projects. All expenditures, excluding staff time and effort, must be supported with itemized receipts or other proof of payment. Total services and costs billable against this Agreement shall not exceed $61,646. 4. Services Performed. Contractor will perform, or will provide trained and qualified employees under their direct supervision to perform, the Services defined in Attachment 1—the Budget Summary and Attachment 2—the Program Summary and Timeline. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 12 of 21 This Agreement is established to conduct Supplemental Nutrition Assistance Program Education (SNAP -Ed) that meets needs in target communities identified in this Agreement. SNAP -Ed program planning and delivery is designed to address local needs and align with organizational capacity. A. MFF will: i. Design a SNAP -Ed program in collaboration with Contractor that Contractor will deliver to pre -defined eligible audiences. ii. Use a collaborative approach to oversee program design and implementation, including program delivery, grant management, evaluation, and reporting. iii. Provide on -going customized support, training, technical assistance, and monitoring as determined by MFF based on organizational capacity, programming needs, and local context. iv. Develop a program -aligned evaluation plan that will be implemented by Contractor. V. Provide reporting forms and technical assistance to Contractor to complete required reporting. B. Contractor will: i. Attend required trainings sessions for program development, delivery, evaluation, monitoring, and reporting. ii. Deliver defined SNAP -Ed programming to eligible audiences with fidelity per scope and sequence and in alignment with activities included in the Program Summary. iii. Implement or build upon the MFF-guided Policies, Systems, and Environmental changes (PSE) planning process, as noted in the Program Summary. iv. Plan for and implement evaluation activities, data collection, and evaluation reporting. V. Comply with all grant regulations and reporting requirements. vi. Provide any service or report as required by MFF as described in the Agreement or the Services or otherwise agreed to in writing by Contractor. 5. Reoortine Requirements. Contractor will be required to: A. Submit, by the 10th of each month, a monthly narrative progress report with each monthly invoice. Contractor shall use the invoice form and narrative progress report form provided by MFF. B. Collect and report information required by the USDA for the Education and Administrative Reporting System (EARS), using the form provided by MFF. C. Work with MFF to report quarterly in the Partner Update Portal: a) policy, systems, and environmental change (PSE) progress aligned with Program Summary and evaluation plan and b) SNAP -Ed program information, including site locations and programming description. D. Work with MFF to submit a mid -year progress report, in narrative form, as directed by MFF, by April 15, 2021. E. Work with MFF to submit a year-end progress report on November 5, 2021 summarizing the work performed from the contract start date through September 30, 2021. F. Note: the reports and dates above are subject to change based on USDA, MDHHS, and MFF reporting requirements. 6. Pavment Terms. A. All invoices are as a condition of payment subject to reasonable review and final approval by MFF, including MFF's review of the Services provided. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 13 of 21 B. Payment will be made within sixty (60) days following MFF's approval thereof. C. MFF reserves the right to require Contractor to reimburse MFF for overcharges or Services which do not qualify for reimbursement to MFF due to grant or other restrictions, but in no instance will such amount exceed the amount previously paid by MFF to Contractor. Contractor's Obligations on Termination. Contractor is reminded that Contractor's obligations on termination of the Agreement, for any reason, are set forth in Sections 3.F.i.-vii., S.C. and S.D. of the Agreement. Contractor is further reminded that all of Contractor's Work Product resulting exclusively and specifically in rendering the Services by Contractor under this Agreement is the property of MFF, and that Contractor during and at the termination of the Agreement shall return all such Work Product materials to MFF, exclusively. Initial to acknowledge your agreement with Schedule A: Oakland County Health Department Michigan Physical Fitness, Health and Sports Foundation, Inc. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 14 of 21 SCHEDULE B to SERVICES AGREEMENT BETWEEN MFF AND OAKLAND COUNTY HEALTH DIVISION Service Agreement Incorporated; Defined Terms. This Schedule B ("Schedule B") is an attachment to the Services Agreement ("Agreement") between the Contractor, as identified, and MFF. All defined terms in the Agreement shall have the same meanings in this Schedule B. Purpose of Schedule B; Conflict between Schedule B and Agreement. The Parties recognize that the Agreement to which this Schedule B is attached and made a part thereof, contains certain language that does not apply to the specific Services provided by the Contractor or the specific relationship between MFF and Contractor. Therefore, in the event of any disagreement between the language of this Schedule B and the Agreement, the language of this Schedule B shall control. Accordingly, MFF and Contractor agree: 1. Section S, "Non -Disclosure of Proprietary and Confidential Information; Return to MFF," is hereby deleted and replaced by the following language: The Parties acknowledge that the Contractor is a municipal corporation, a political subdivision of the State of Michigan, and subject to Michigan's Freedom of Information Act being MCL 15.231 et seq., (FOIA). Any documentation in the Contractor's possession is subject to the FOIA. 2. Section 6, "Non -Competition and No Solicitation," is hereby deleted and replaced by the following language: Contractor acknowledges that MFF has a reasonable competitive business interest in protecting its products, business plans, methods, and other information critical to the Program for which the Services are rendered by Contractor. Contractor shall not, during the term of this Agreement (i) engage in activities that are directly competitive with the Program for which Contractor is rendering the Services; or (ii) solicit any parties with whom MFF has contracted for Contractor to receive such Services related to the Program from another party. Notwithstanding any term of this Agreement to the contrary, MFF acknowledges that County historically and currently provides services and receives/provides funds related to fitness and nutrition to members of local communities, including the community receiving the Services under this Agreement, and agrees that such activities and services do not, in and of themselves, constitute a breach of this Section 6. Section 8, "Remedies for Breach of Confidentiality or Non -Competition and No -Solicitation Sections" is hereby deleted. 4. Section 10, "C. Taxes" Is deleted and replaced with the following language: The Parties acknowledge that the Contractor is a municipal corporation, a political subdivision of the State of Michigan, and is tax exempt and, therefore, shall not be responsible to MFF for tax -related costs or expenses of any nature. SNAP-ED CIP Fy21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 15 of 21 5. Section 10, "D. Insurances. To maintain: I," shall read: Contractor agrees to maintain general liability insurance or self-insurance in the amount of $1,000,000, auto insurance or self-insurance in the amount of $1,000,000. 6. Section 15, "Indemnification." is deleted and replaced with the following language: Contractor is not authorized to indemnify MFF or any other party. In the event Contractor becomes involved in or is threatened with litigation related to this Agreement, Contractor shall immediately notify MFF and MFF may enter into such litigation to protect the interest of MFF. The Parties recognize that this Schedule B was the result of the particular circumstances of Contractor's Services, was specifically negotiated between them, and shall not bind MFF with regard to any future contract or other contractor or vendor. Initial to acknowledge your agreement with Schedule B: Oakland County Health Division Michigan Physical Fitness, Health and Sports Foundation, Inc. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 16 of 21 SCHEDULE C to SERVICES AGREEMENT BETWEEN MIFF AND OAKLAND COUNTY HEALTH DIVISION Disclosure of Contractor's Pre -Existing Works Service Agreement Incorporated; Defined Terms. This Schedule C ("Schedule C") is an attachment to the Services Agreement ("Agreement') between the Contractor, as identified, and MFF. All defined terms in the Agreement shall have the same meanings in this Schedule C. Conflict between Schedule C and Agreement. In the event of any disagreement between the language of this Schedule C and the Agreement, the language of the Agreement shall control. Purpose of Schedule C. Schedule C identifies the following works as to which Contractor claims ownership, pursuant to Section 4, "Ownership and Publication of Work and Work Product" of the Agreement. Accordingly, MIFF and Contractor agree: Contractor hereby identifies the following works as to which it claims ownership pursuant to Section 4 of the Agreement. 1. [This section intentionally left blank.] 2. 3. Initial to acknowledge your agreement with Schedule C: ((Applicant)) Michigan Physical Fitness, Health and Sports Foundation, Inc. SNAP-ED CIP FY21—Oakland County Health Division Rev 10.5.2020 CIP Services Agreement Page 17 of 21 ATTACHMENT 1 Michigan Fitness Foundation FY2021 SNAP -Ed Oakland County Health Division FY2021 SNAP -Ed Community Impact Project Budget Summary Salary and Fringe $ 47,794 1IT13D - Nutrition Educator _ $ 23,897 - 2ITBD - Nutrition Educator - �- $ 23,897 Contracted Staff Program Expenses - _ - - - - - $ 6,641 1 Postage $ 100 2 Printing ( $ 1,050 3 Tasting supplies $ 2,000 4 Virtual programming supplies $ 50 5 evaluation surveys $ 100 6 HSHC materials $ 650 7 Food Provisions $ 1,691 81Translation $ - - 1,000 Travel - - - $ 2,711 IlLocal Program Travel $ 1,208 21conference/ Workshop Travel $ 1,503 Administrative I Space I Miscellaneous $ TOTAL DIRECT EXPENDITURES $ 57,146 - Indirect Cost Rate I ..............__.- Indirect Cost Amount Qr not% or Direct ExpendRores) 9,91%on salary only $ 4500 ' Descnbe basis (e.g, % of salary and fine and enter $ amount TOTAL FUNDING AMOUNT $ 61,646 Page 18 of 21 ATTACHMENT MIFF COMMUNITY IMPACT PROJECT FY 2021 PROGRAM SUMMARY INSTRUCTIONS Oakland County Health Division —A Healthier Pontiac This SNAP -Ed program uses evidence -based interventions and strategies and includes a comprehensive, community wrap -around approach to increase fruit and vegetable consumption, physical activity levels, and access to healthy food and safe places for physical activity. 1. Programming Table `p�interverd�on r-otiUSAUdienc'e# r,'h .y $�*'�" r4,- �.�hidirE or GP PSE, and Eh97bxHtl ` r b dba>g1 PSf;.Strafew. ,`,- .r Orboth'.. - Healthy Schools, Healthy ® DE Children ages 6-11 Electronic Families Communities with incorporated Fit 3—Locations materials, hard children Bits ❑ PSE serving low-income copy materials, populations: eligible NERI, social census tracts and media schools with a50% students FRP meals Eat Smart Live Strong with ® DE MiHOTM ❑ PSE PSE Strategies Based on ❑ DE Community PSE Exploration ®p$E Process Adults 60 years or Social media older 3 — Locations serving low-income populations: eligible census tracts All ages 3 — Locations serving low-income populations: community with >_50% of people with incomes :S185% FPL Older adults in the community 2 3 207 580 0 and after- school program, libraries, community and recreation centers, churches, individual homes Community and recreation centers, individual homes Other settings 1 where people live or live nearby: community 3 40 60 0 0 0 14,859 REACH SUBTGTA>_S, 247 640 14,859 TOTAL15,746 U 9 0 FY2021 Community Impact Project Program Summary Page 19 of 21 ATTACHMENT2 2. Program Description Programming will be focused in the community of Pontiac, MI. Healthy Schools, Healthy Communities: We will provide Healthy Schools, Healthy Communities virtually and/or in person for a minimum of 11 series with 6 lessons each at a general frequency of once/week between February and September 2021 in 5 sites, including an elementary school (lower elementary) and other community sites with out -of -school time programming (lower and upper elementary). Eat Smart Live Strong: We will provide Eat Smart Live Strong virtually for a minimum of 3 series (1 in each of 3 sites) with 4 lessons each at a frequency of one time per week between February and September 2021 for adults aged 60 and older. This will include programming at both senior centers in Pontiac. The lessons will be supplemented with Michigan Harvest of the Month recipes and tastings. Digital behavioral nudges aligned with United States Department of Agriculture (USDA) Food and Nutrition Service, Food and Drug Administration (FDA), and Health and Human Service (HHS) materials will reinforce nutrition and physical activity messaging provided in lessons and will be distributed on social media channels. Families and community members will also be engaged through parent engagement activities and community events, which may include MiHOTM materials with tastings. PSE Strategies based on a Community PSE Exploration Process: Working from our existing knowledge of Pontiac community assets and barriers and relationships with partners, we will engage stakeholders and community members in a variety of key activities over the course of the programming year to explore the community to fill in gaps in that knowledge. We will then identify SNAP-Ed's role in addressing identified barriers and work with the stakeholders and community members toward community -led changes in nutrition and physical activity practices and supports needed for Pontiac residents. OCHD will also collaborate, maintaining and strengthening relationships with like-minded community partners, to be a resource and connector for low-income Pontiac residents. This may include making intentional connections to other community nutrition education and physical activity programs and resources being offered in the community that can meet participants' additional needs. This may also include supporting additional PSE work such as supporting school and community garden -related PSE changes and healthy snack policies in out -of -school programming where DE is happening. MFF plans, activities, food tastings, physical activities, and handouts "Core or Supplemental {8) (ntv�at�cs(s) C n/a FY2021 Community Impact Project Program Summary Page 20 of 21 OPCNMENT 2 F\t g\ts MFF vSpPFpOd and strong- - ry re Nutr\tw A SeN L n actNitY vSHC \es„ etab\e port, {Orc\n H it and veg am°n9 P. ed at t\oPr\rand Phy ear o\d,9 sed S q U in StANP �\g\b\e eso rc s th ` nmynts d Rey\Pes an °orr n'urirty envat are Coca\\y\ rces sch°°\ a Zed message` ach Large a'. and Custom\y retevantt.01 eat\ngh A HSHC nia ES�S HSHC ES\-S MrNo tM �� des a\\gned W\th canna scour SgGa act\v\tY D\g\ta\ behav\arS\ta es �oP�a Food and regu\ar PhY des\gned Nith P1rFF . co\\aba�d Peooess • A,r cu\Lure (Xis t\on d sust ora\ `a\e PS is Adm\n\stra in the. eva\ua to P� nn\ng Fo°a adOVA ort Oect\ve and g 5) d s HH Se1y\n t tC\ned an PP suPP vied w\th S\.!F `FON) 1\uman ou ent\on d \emented Uoat\on \nter to d be imP t ed cpOrd\Hated b roach, and aC\9 Hea\th an %Nt\\ d\rec • Evat katro d ou Borne eva atre driven by the EXP\orat\on\? h a 0o\\abOrat\ve aPP Pa\uaSss on too\s an aPat mn t om u mY need acj dvanced thro 9 OCHo ai\\a as\rooted \n c change th page 2A of 21 rY 2021 Ca(r,(nunRy \r^Pact Proie�l Pr oBra„� Sumrt,arY REQUEST: 1. To continue the funding for one (1) SR funded Part -Time Non -Eligible 1,000 hours per year Public Health Educator II position (#1060241-11822). 2. To create one (1) SR funded Part -Time Non -Eligible 1,000 hours per year Public Health Educator II position with in Health Promotion Services (#1060241-XXXXX). PROPOSED FUNDING: FY21 Supplementation Nutrition Assistance Program Education (SNAP-ED) Grant. OVERVIEW: The Michigan Fitness Foundation has awarded Oakland County with $61,646 in funding for the Supplementation Nutrition Assistance Program Education (SNAP-ED). These funds are to provide food and nutritional education to food stamp recipients in the City of Pontiac in order to improve the likelihood of choosing healthy food choices on a limited budget. This year, the funding allowed for one (1) PTNE 1,000 hours per year Public Health Educator II position to be continued, as well as enough funding to add a second PTNE 1,000 hours per year Public Health Educator 11 to expand the service offerings. COUNTY EXECUTIVE RECOMMENDATION: Recommended as Requested. PERTINENT SALARIES FY 2021 Class Gr _ Base,, 1: Year 2 Year 3 Year 4,Year 5,Year 6 Year 7 Year Public Health HRL 22.4024 23.4899 24.5774 25.6649 26.7524 27.8399 28.9274 30.0149 Educator II /115 *Note: Annual rates are shown for illustrative purposes only. SALARY AND FRINGE BENEFIT SAVINGS **Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only. Actual costs are reflected in the Miscellaneous Resolution. Create one (1) SR PTNE 1,000 hrs/yr. Public Health Educator II position. 1 year hourly rate ($23.4899) x 1,000 hrs. 23,489.90 Fringes @ 5,26% 1,235.57 Total Cost of Creation $ 24.725.47 Resolution #21074 March 11, 2021 Moved by Gingell seconded by Gershenson the resolutions on the Consent Agenda be adopted. Discussion followed. Vote on Consent Agenda: AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted. Moved by Spisz seconded by Weipert to amend MR #21064, MR #21065, MR #21066 and MR #21067 as follows: Add all Commissioners as co-sponsors of these resolutions. A sufficient majority having voted in favor the amendment carried. t HEREBY APPROVETHIS F,I Sf�l iJTIOr CHIEF DEPUTY COUNTY i Cti.CI!"rt`dF: pZTING. PURSUANT TO 11GL 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 March 11. 2021, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 11th day of March, 2021. f� Lisa Brown, Oakland County