HomeMy WebLinkAboutResolutions - 2021.05.13 - 34430MISCELLANEOUS RESOLUTION #21184 May 13, 2021
BY: Commissioner Kristen Nelson, Chairperson, Legislative Atrairs and Government Operations Committee
IN RE: PARKS AND RECREATION COMMISSION — REIMBURSEMENT AGREEMENT WITH
OAKLAND UNIVERSITY FOR THE PRESCRIPTION FOR A HEALTHY OAKLAND PROGRAM
To: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Health Endowment Fund awarded Oakland University a two-year grant to expand
the collaborative of efforts to support the Prescription for a Healthy Oakland Program; and
WHEREAS the Oakland County Parks and Recreation Commission will receive up to $40,000 in
reimbursement funding from Oakland University for the Prescription for a Healthy Oakland program; and
WHEREAS the program funding period is March 25, 2021, through August 31, 2022; and
WHEREAS there is no local grant match; and
WHEREAS the Prescription for a Healthy Oakland program provides vouchers to Oakland County residents
to spend on fresh fruits and vegetables at the Oakland County Farmers Market; and
WHEREAS a budget amendment is not required as the funds are accounted for in the general ledger
account #228100 Deposits Reconciliation.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes the
Oakland University Reimbursement Agreement to provide up to $40,000 in reimbursement funding for the
Prescription for a Healthy Oakland Program for the period of March 25, 2021, through August 31, 2022
BE IT FURTHER RESOLVED a budget amendment is not required.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson or his designee to execute the reimbursement agreement and any other documentation
required for program implementation.
Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the
adoption of the foregoing resolution.
Commissioner Kristen Nelson, District #5
Chairperson, Legislative Affairs and
Government Operations Committee
LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is entered into between Oakland
University, a Michigan constitutional body corporate and institution of higher education
located in Rochester, Michigan (the "University") and County of Oakland, a Michigan
municipal and constitutional corporation ("County") and is effective as of the date
indicated below upon which the authorized representative of County executes this
Agreement in accordance with County's policies and procedures (the "Effective Date").
Recitals
A. The Michigan Health Endowment has awarded the Oakland University/Pontiac
Initiative a two-year, $485,000 grant (the "Grant") to expand collaborative
efforts to support a program entitled, "Prescription for a Healthy Oakland" (the
"Program"), The Program connects community members to non -clinical
services relating to healthy eating and active living.
B. County, through the Oakland County Health Division and in collaboration with
the University and other Pontiac community healthcare providers, desires to
support the Program as described in this Agreement.
C. The Program's services include the distribution by University and participating
healthcare providers of vouchers ("Vouchers") to qualifying individuals as
determined by the Program's guidelines to exchange for unprocessed,
Michigan -grown, fresh fruits and vegetables, and plants that produce food
("Eligible Produce") for sale by vendors licensing stalls at the Oakland County
Farmer's Market (the "Market") who have entered into a "Pontiac Prescription
for a Healthy Oakland Vendor Agreement" with the County (individually, a
"Participating Vendor" and, collectively, "Participating Vendors").
D. Subject to reimbursement by the University as described in this Agreement, the
County desires to support the Program by paying to each Participating Vendor
an amount equal to the cash value of Vouchers received by each Participating
Vendor in exchange for Eligible Produce (in each instance, the "Voucher Cash
Value") and the University desires to support the County's participation in the
Program by reimbursing to County the Voucher Cash Value.
In consideration of the extension of the mutual promises, representations,
assurances, agreements, and provisions, the adequacy of which is hereby acknowledged
by the parties to this Agreement, the parties agree as follows:
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1. Term; Pontiac Prescription for Health Vendor Agreement.
1.1 The term of this Agreement commences on the Effective Date and expires on
August 31, 2022, unless terminated earlier as provided in this Agreement (the "Term").
1.2 To become a Participating Vendor, a Vendor of the Market shall execute a Pontiac
Prescription for a Healthy Oakland Vendor Agreement in favor of the County which shall
include terms substantively similar in all material ways to the following:
Vendor agrees to:
(i) Participate in the Prescription for a Healthy Oakland program and will
accept the printed Vouchers as payment.
(ii) Accept Vouchers ONLY for the purchase of fresh fruits and fresh
vegetables, and seedlings and fresh herbs, and to not redeem any other
vouchers from unauthorized sources.
(iii) Not accept Vouchers outside of their date of validity and not accept copies
or reproductions of original Vouchers.
(iv) Not return US currency to the customer as change, if payment for product
is solely by Vouchers. The value of the Vouchers received by Vendor will
not exceed the posted value of the product purchased by the customer.
(v) Not exchange Vouchers for US currency with any person.
(vi) Not allow the return of products purchased with the Vouchers to
exchange for cash or non -authorized items.
(vii) Not collect sales tax on purchases.
(viii) Post a sign (to be provided by Oakland University) identifying the
Vendor as an authorized Prescription for Health Vendor.
(ix) Comply with any and all requirements or processes implemented by
County and/or the Market regarding participation in, and
reimbursement from, the Program.
2. Collection of Vouchers; Payment of Voucher Cash Value; and
Submission of Invoice.
2.1 County shall establish a process in accordance with which County will (i)
account for Vouchers received from each Participating Vendor in exchange for
Eligible Food and maintain records reflecting the Voucher Cash Value of such
redeemed Vouchers received from each Participating Vendor; and (ii) conditioned on
the continued reimbursement by the University under Section 3 of this Agreement
and subject to and in accordance with County's accounts payable policies and
practices, remit a payment to each Participating Vendor for the Voucher Cash Value
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payable to such Vendor. The University and County shall each have the right to
inspect and audit all accounting reports, books or records relating to the other party's
performance of this Agreement. Inspection shall take place during normal business
hours at the place of business for the party for which the books and records are being
inspected. Each party shall retain all records relating to the performance of this
Agreement for five (5) years after the end of the term of this Agreement.
2.2 County shall, on a weekly basis, submit to the University, a statement
reflecting the Voucher Cash Value, in the aggregate, paid by County to Participating
Vendors during the period specified in the statement. Upon termination or expiration
of this Agreement, the parties will meet to jointly review and agree upon the payments
made by the University and the amounts due to County pursuant to this Agreement.
Within ten (10) business day of such meeting, the University will pay any remaining
amounts due to County (if applicable) or County will refund to the University any
amounts that the University has paid in excess of the Voucher Cash Value of
redeemed Vouchers that County has received from Participating Vendors (if any).
3. Initial Funding; Reimbursement of Voucher Cash Value; Release
3.1 Upon the execution of this Agreement by both parties to this Agreement, the
University shall pay to County $2,500 to fund the initial Voucher Cash Value to be
paid by County to Participating Vendors under Section 2.1, above.
3.2 The University will reimburse County for the Voucher Cash Value remitted by
County to Participating Vendors in an amount up to $40,000 in accordance with this
Section. The University will account for the Voucher Cash Value reflected on the
statements submitted by County and, within ten (10) business days after receiving
each statement, pay as reimbursement to County an amount equal to the total
Voucher Cash Value reflected on such statement by credit card or check, as
designated by County.
3.3 The University represents and warrants that the allocation and expenditure of
Grant funds for the purposes set forth in this Agreement are compliant with the
Program and the Grant guidelines.
4. Termination; Survival; Assignment; Liability. County may terminate this
Agreement (i) upon thirty (30) days prior written notice to the University; or (ii) if any
amount of Voucher Cash Value is not reimbursed in accordance with the terms of
this Agreement. The obligations under Section 3 shall survive the expiration of the
Term or the termination of this Agreement. Neither party to this Agreement may
assign its rights or obligations under this Agreement with the prior written consent of
the other Party. Each party shall be responsible for defending any claims and
damages resulting therefrom, brought against such party or, in accordance with such
party's policies and procedures, its respective employees, officers, or directors.
The parties to this Agreement may execute this Agreement in counterparts, which
together shall be deemed a fully executed Agreement. Any party's signature to this
Agreement to this Agreement delivered electronically or by pdf shall be deemed an
original signature to this Agreement.
OAKLAND UNIVERSITY COUNTY OF OAKLAND
Date:
02-28-21
Date:
Resolution #21184 May 13, 2021
Moved by Gingell seconded by Nelson the resolutions on the amended Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Charles, Gershenscn, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Weipert, Woodward, Cavell. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted
(with accompanying reports being accepted).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 46,559A (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 May 13, 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 131h day of May, 2021.
Lisa Brown, Oakland County