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HomeMy WebLinkAboutResolutions - 2009.09.02 - 9943MISCELLANEOUS RESOLUTION #09186 September 2, 2009 BY: General Government Committee, Christine Long, Chairperson IN RE; DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION - 2009/2010 EQUIPMENT ASSISTANCE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Education (MDE) has awarded the Oakland County Children's Village Division funding in the amount of $25,000; and WHEREAS this amount is for capital outlay equipment purchases; and WHEREAS a power washihg and sanitizing pots and pans system will be installed; and WHEREAS the equipment purchase will be used to improve the safety of food served in compliance with the National School Lunch Program; and WHEREAS this funding is for the period of July 1, 2009 through March 31, 2010; and WHEREAS the award acceptance has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE 17 RESOLVED that the Oakland County Board of Commissioners hereby accepts the 20C9/201G American Recovery and Reinvestment Equipment Assistance funding in the amount of $25,000 for the period of July 1, 2009 through March 31, 2010, BE 17 FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (1W, which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, 1 move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE ac GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Hatchett absent. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health and Human Services - Children's Village 2009-2010 ARRA Equipment Assistance Michigan Department of Education Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, OT DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: August 7, 2009 GRANT INFORMATION Date: July 28, 2009 Operating Department: Oakland County Children's Village Department Contact: Patricia Lahar Contact Phone: 248-858-1162 Document Identification Number: 091995 REVIEW STATUS: Acceptance — Resolution Required Fund ing Period: 7-17-09 through 3-31-10 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: No Funding: New Application Total Project Amount: $25.000 Prior Year Total Funding: 0 New Grant Funded Positions Request: 0 Changes to Current Positons: None Grantor Funds: $25,000 Total Budget: 525,000 Match and Source: None required PROJECT SYNOPSIS The purchase and installation of a power washing and sanitizing pots and pans system into Oakland County Children's Village base kitchen, which daily serves an average of two-hundred-forty (240) children and youth at eleven (11) different sites. GRANT REVIEW SIGN OFF — Children's Village GRANT NAME: 2009-2010 ARRA Equipment Assistance FUNDING AGENCY: Michigan Department of Education DEPARTMENT CONTACT PERSON: Patricia Lahar 858-1162 STATUS: Grant Acceptance DATE: August 10, 2009 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email contRining grant review comments) may be requested to be place 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 (7/28/2009) Department of Human Resources: Approved. — Cathy Shallal (8/7/2009) Risk Management and Safety: Approved. - Andrea Plotkowski (8/3/2009) Corporation Counsel: Alter reviewing this grant contract, there appear to be no unresolved legal issues that require action at this time. — Karen Agacinski (8/3/2009) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of thc specifically cited compliance related documents for this grant. American Recovery and Reinvestment Act of 2009 (Recovery Act) ht://www.recovery.govflq--=contentiact Richard B. Russell National School Lunch Act lattp://www.fns,usda.goviend/Govemance/LegislationiNSLA-10-2008.ndf Federal Office of Management and Budget (OMB) Circular No. A-87. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally recognized Indian tribal governments (governmental units). http: //www.whitehouse.goviorab/circularsia087/a87 2004.hthal#atta Department of Agriculture Nondiscrimination (7 CFR Parts 15, 15a -15b) bttp://w ww. access. gpo•g.ovinarakfilwaisidx 09/7cfrvl 09.html Department of Agriculture - National School Lunch Program (7 CFR Part 210) littp://www.acccss.gpo uovinaraicfr/waisidx 09/7cEr2 1 0 09.htm1 Department of Agriculture - Office of the Chief Financial Officer (7 CFR Parts 3015 -3018, 3021, 3052) bttp://www.amess.epo.govinaraiefewaisidx 09/7efrv15 09,html#300b Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) httv://www.usdoj.govicrtieoricoord/titievistai.htm Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) littp://www.accesS.2130.govfnaralefr/waisidx 01/28cfr42 01.htral Implementation of Executive Order 12550, Nondiscrimination on the basis of handicap in federally assisted programs (28 CFR Part 41) http://www access.. epo .govinaraiefewaisidx_01/28cfr41 01.html The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) http://www.usdoj.govierticoticoord/titleixstat.htm The Rehabilitation Act of 1973. Section 504 (29 U.S.C. Section 794) http://www dol. govioasainfreasistatut es/sec504.htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://w-ww.dol.p.ovioasarniregsfstatutesiage act.htm Single Audit Act of 1984 (with amendments in 1996) http:/Avww.whitehouse.gov/ombffinanthal/fin single_audit.himl STATE OF IVIICHIGAN DEPARTMENT OF EDUCATION LANSING JENNIFER M. GRANHOLM GOVERNOR July 17, 2009 MICHIGANt) Education MICHAEL P. FLANAGAN SUPERINTENDENT C* PUBLIC INSTRUCTION S in Ike PlazIaga Supentenclent GRANT AWARD Ms. Patricia Lahar, Administrator Oakland County Childrens Village 1200 NORTH TELEGRAPH ROAD, BLDG 63 WEST PONTIAC , M1 48341 Dear Ms. Lahar: This letter is to inform you that the application for 2009-2010 AR.R.A Equipment Assistance for Oakland County Childrens Village has been approved. The details of this award can be found in the Grant Award Notification form(s), Included with this document. On behalf of the Department, I congratulate you on the success of your application. Questions regarding this grant program may be directed to Linda Stull at (517) 373-3347 or MDE-SchoolNutritIon@mi.gov. STATE BOARD OF EDUCATION KATHLEEN N. STRAUS - PRESIDENT • JOHN C. AuSTTN - VICE PRESIDENT CAROLYN L CURTIN - SECRETARY • MARIANNE YARED MCGUIRE -TREASURER NANCY DANHOF - NASBE DELEGATE • ELIZABETH W. BAUER REGINALD M. TURNER • CASANDRA E ULBRZF-1 4608 WEST ALLEGAN STREET • P.O. BOX 30006 • LANSING. MICHIGAN 48909 www.michgan.govimcle • (517) 373-3324 MICHIGAN DEPARTMENT OF EDUCATION 608 W. Allegan PO Box 30008 LANSING, MICHIGAN 48909 GRANT AWARD NOTIFICATION 1 District/Recipient Code: G30008046 5 District/Recipient Contact Person for Grant: Recipient Name: Ninne:ms: Patricia Lahar Oakland County Childrens Village Positi0B;Admrnistrater 1200 143R711 TELEGRAPH ROAD TelCphODC: (248) 1:18-1162 BLDG 63 WEST Email: labarpOoakgav. . cm PCNTLAC, M2 48341 2 Award Information 6 Authorized Funding Activity; lirOriginal Ifi7mendment Grant Program Title: Original Award: $25,000-00 ARRA Equipmeat Annistance Amendments: Grant Number — Project Number: Q9I995 - 0006 Regular/Carryover Funds: Regt..1 a r Award 'Type: Federal Competitive Cutrent Authorized Amount: :25.000.00 3 MDE Staff Contacts; 1 7 Expenditure Period:, Program Contact: Beginning date: 7/1/2009 Linda Stull (=,17) 373-3347 Ending date; 3/31/2010 Payment Contact: nrbby Roberta (517) 335-0034 4 Final Report Due Dates: 8 Method of Obtaining Payment: Performance Report Recpest Ord iue a!: L https : Hindve , st ate . cd .usionsi i . Fxnen ii ri ire Renort chnhcinl , ,- , 9 Administrative Information: CFDA Number: io . CFDA Title: Child Nunr1tion Recovery Act 10 Regulations Pertaining to Award; Public Law 111-5, the Ameriran Recovery and Reinvestment Act of 201)9 (ARRA) Richard B. Ruaell 1/...icnal sr,u-K11 Lunrb Act CM5 Circular A-87 7 CFR Part 15. Ports 15a-13b, Part 210, Parts 3015-3018, Part 3021, and Part 3052 7it1e VI of the Civil Rights Act of 1964 (42 U.S.C. 200d- at seq.) 28 CFR Part 42 and Part 41 Title 71 Qf the BT..)caLion AmenGments Cet 1972 (11.Z.C. 1681 at seq.) Screicn 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) Age Discrimination Act of 1975 (42 U.S.C. 6101 e.:. seq.) II. Authorizing Official: D ...,...---------\/ V Date: 7/17/7nq Notice: Fiscal Agents receiving over S500,000 from all federal funds in any fiscal year art subject to federal Single Audit requirements. Michigan Department of Community Health OFFICE OF DRUG CONTROL POLICY 320$. Walnut SL, Lansing, Michigan 48913 AUTHORITY: P.L. 107-110 COMPLETION: Voluntary. (Consideration for funding will not be posstole if form is not filed.) Generated on 05/29/2009 Direct questions iuganfing this form j to the Ofricc of Drug Control Policy at (517) 373 -470a GOVERNOR'S DISCRETIONARY GRANT APPLICATION FOR 2009-2010 s _. . Legal Name of Applicant District Code Telephone APPLICANT Oakland County Childrens Village , 6300080 06 .ORGANIZATION Address city zip Code 3.200 N TELEGRAPH RD 63 WEST RONTIAC MI 4 834 3. - 0444 Name of Contad Person Telephone Fax NJrnber Ms. Patric±L a Lahar (248) 858-1162 (248) 452-9754 CONTACT Address City Zip Code PERSON 1200 N ri-l-I Tplearalch Road 34 East Pontiac'. 48341-0432 County Email Address Oakland laharpQoak3ov.com -% Page l of 7 District Code 630008006 Grant Number I Project Number 091995 C.NDA Ntwaber Project Type Regular Starting Date 07/01/2009 aiding Date 06/30/2011 Lliscal Year 2010 Email Email CONTACT INFORMATION (248) 858-1037 PHONE (248) 858-1162 PHONE Gaia Piir UUSFNESS OPPICE REPRESENTATIVE, Patricia Lahar PROJECT CONTACT PERSON ARRA Equipment Assistance FY 2009-2010 B udget S military BUDGET SUMMARY Legal Name of Applicant Oakland County Childrens Village ' PURCEIASED SUPPLIES & OTHER FUNCTION SERVICES MATERIALS EXPENSES CODE FUNCTION TITLE 3000, 4000 5000 7000, 8000 TOTAL 290 Support Services - Other $25,000 SUBTOTAL $25,000 Indirect Costs $ Eater dollar amount only, do not enter %. Restricted Rate (Max allowed: 13%) $0 _ Toral 1--- $25,000 Allocation TOTAL AMOUNT (Estimated) : $25,000 SO Balance: $26,000 $25,000 $2,5,033 125,000 $28,000 $25.000 $25,13430 $25,DOD ARRA National School Lunch Program Equipment Assistance 2010 Budget Detail For Oakland County Childrens Village 290 - Support Serv;ces - Other f unction Coda Description F IE I Hours Purchased SeNices Suppliaa S Ma [aril:Lis Glottal Outlay °ZIP Expenses Trial 300,), 40e0 SCSKI 11000 1000, aCtKit 797 - Foot Services Power Wagang and Sanitizing Foie end Pane Syslein $26,000 Sub•Totat Ogth 4,28,1:10 Sub-Total for Equipment ?wines thee sefaty of food served in tnatithool meal* wograms. Stub Toile indirect Coat ;Pax Allowed' 0,9 Giand Taal Allocation atfae Page 3 of 7 ARRA Equipment Assistance FY 2009-2010 Needs Assessment Agency: Oakland County Childrens Village _ District Code: 630008006 1. How long will it take to complete procurement and expenditure activities for this equipment? (Only one box must be checked.) El Up to 3 months 3 — 6 months El Over 6 months 2. Is the site an on-site or base kitchen? (Note: An on-site kitchen is defined as a kitchen where food is prepared and served at this site/building only; a base kitchen is defined as a kitchen where food is prepared and served at the site/building and also sent out to satellite kitchens for serving.) Check what type of kitchen this site is (One box must be checked. If Base is checked, must check one of the six boxes below.) El On-site Bast - If a base kitchen is indicated above, to how many satellite sles does the base kitchen send food? (Check only one box) — 3 satellite sites El 4 — 6 satellite sites El 7 — 9 satellite sites 10 — 14 satellite sites El 15 — 20 satellite sites El Over 20 satellite sites (Note: A satellite kitchen is defined as a kitchen where food is received for serving from a base kitchen. No major food prep is done at this type of kitchen.) 3. The equipment purchased by the grant will be used for the National School Lunch Program, and may be used for other school meal programs, including the School Breakfast Program, Afterschool Snack Program, Fresh Fruit and Vegetable Program, and Summer Food Service Program. (One box must be checked.) Yes El No ES Page 4 of 7 Off No is selected, please check this box indicating that you understand that your SFA is responsible for paying for the percentage of the equipment that is not used for the National School Lunch Program and other school meal programs, such as the School Breakfast Program, Afterschool Snack Program, Fresh Fruit and Vegetable Program, and Summer Food Service Program. This portion of equipment cost must not be included in your budget request. Grant funds are not allowed to subsidize other activities of the SFA that also use the equipment. 4. Average Daily Participation: 57.69% (Note: Average Daily Participation (ADP) is based on October 2008 NSLP claim data.) 5. % of Students eligible for Free/Reduced Price Meals: 100% (Note: Percentages are based on October 2008 NSLP claim.) Page 5 of 7 Subject: 2009-2010 ARRA Equipment Assistance Grant Funds Important clarifications regarding the 2009-2010 ARRA Equipment Assistance Grant Funds follow: • ARRA Equipment Grant funds can be requested ONLY as reimbursement after the equipment, identified in your approved MEGS budget, has been purchased. Grant funds must be requested based on your invoice receipts. • ARRA Equipment Assistance Grant funds are for capital outlay equipment purchases and cannot be used to pay for indirect costs. • Information on the Michigan Department of Education Cash Management System (CMS) is located at: httpi/j_www.michigan.govimde/0,1607,7-140-5236---,00.html, click on Podcast: CMS Overview Video. Questions regarding the content of this email may be directed to Jill chooNutriionmicbigangov or phone 517-373-3347. 7/27/2009 MEGS [Assurances] Page 1 of 7 SECTION III: ASSURANCES AND CERTIFICATIONS —FEDERAL PROGRAMS- rFRTTFIC.ATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS No federal, appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member Of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LL*Disclosure Form to Report Lobbying*, in accordance with its instructions. The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. cFRTIFICATTON RFGARDING DEBARMENT. SUSPENSION, "WI IGTRII ITV. AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSAL i IONS The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, pi oposed ic.n debar lie! It, declared ineligible, or voluntarily excluded from participating in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal, ASSURANCE WITH SECTION 511. OF THE U.S. DEPARTMENT_Qf EDUCATION PPROPRIAT1ON ACT QF 1990 When issuing statements, press releases, requests for proposals, solicitations, and other documents describing this project, the recipient shall state clearly: 1) the dollar amount of federal funds 1-th-n-finlem tritie! rrri mirne.p/AccirrarineAandreilifications_agn?iD=.978LFY--=2010&Vi... 7420/2009 MEGS [Assurances] Page 2 of 7 for the project, 2) the percentage of the total cost of the project that will be financed with federal funds, and 3) the percentage and dollar amount of the total cost of the project that will be financed by nongovernmental sources. ASSURANCE CONCERNING MATERIALS DEVELOPED WiTH FUNDS AWARDED UNDER THIS GRANT The grantee assures that the following statement will be included on any publication or project materials developed with funds awarded under this program, including reports, films, brochures, and flyers: "These materials were developed under a grant awarded by the Michigan Department of Education." NONDISCRIMINATION FEZERALLY AND STATE ASSISTED PROGRAMS The applicant hereby agrees that it will comply with all federal and Michigan laws and regulations prohibiting discrimination and, in accordance therewith, no person, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap, shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S. Department of Education or the Michigan Department of Education. PARTICIPATION OF NONPUBLIC SCHOOLS The applicant assures that private nonprofit schools have been invited to participate in planning and implementing the activities of this application. AUDIT REQUIREMENTS All grant recipients who spend $500,000 or more in federal funds from one or more sources are required to have an audit performed In compliance with the Single Audit Act (effective July 1, 2003). 0G-4996 ACCI1R4NCF RFGARDING ACCESS TO RECORDS AND FINANCIAL STATEMENTS The applicant hereby assures that it will provide the pass-through entity, i.e., the Michigan Department of Education, and auditors with access to the records and financial statements as necessary for the pass-through entity to comply with Section 400 (d) (4) of the U.S. Department of Education Compliance Supplement for A-133. CERTIFICATION S 'Num TTIFS ACT (A.D.A.), P.L. 101 -336. STATE AND LOCAL GOVERNMENT SERVICE (for Title II applicants only) The Americans with Disabilities Act (ADA) provides comprehensive 1-11-i-n-/hylpac mdp cintpnij 11Rirnroc/Agcurnnctecancrertificatinns.agn2TD -=-978zFY--20108Ni... 7/20/2009 • MEGS [Assurances] Page 3 of 7 civil rights protections for individuals with disabilities. Title II of the ADA covers programs, activities, and services of public entities. Title H requires that, "No qualified individual with a disability shall, by reason of such disability be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity." In accordance with Title II ADA provisions, the applicant has conducted a review of its employment and program/service delivery processes and has developed solutions to correcting barriers identified in the review. CERTIFICATION REGARDING TITLE III OF THE AMERICANS WITH DISABILITIES ACT (A.D.A.), P.L. 101-336.. PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES (for Title III applicants only) The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections for individuals with disabilities. Title HI of the ADA covers public accommodations (private entities that affect cornmerce, such as museums, libraries, private schools and day care centers) and only addresses existing facilities and readily achievable barrier removal. In accordance with Title III provisions, the applicant has taken the necessary action to ensure that individuals with a disability are provided full and equal access to the goods, services, facilities, privileges, advantages, or octornmoddijuns offered by the applicant. In addition, a Title III entity, upon receiving a grant from the Michigan Department of Education, is required to meet the higher standards (Le., program accessibility standards) as set forth in Title III of the ADA for the program or service for which they receive a grant. SPECIFIC GRANT ASSURANCES GENERAL The School Food Authority (SFA) agrees to conduct the grant project as described in the grantee's approved application and any subsequent revisions and correspondence containing clarifications and any guidance/clarification provided by the United States Department of Agriculture, Food and Nutrition Service (USDA/FNS) or the State Agency (SA). USE OF FuliDa The SFA shall ensure that funds are expended, In accordance with guidance material issued by the SA and USDA/FNS, for school food service equipment and other allowable costs. Each equipment item identified in the grant budget with a cost less than $5,000 must meet or exceed the cost limit defined as a capital expense in the individual district's board -adopted purchasing policy. Districts will be required to submit proof of the lower limit upon request. The SFA may not retain any of the allocated funds for its use. The httn•Hrrhs,,oq Tride qtate Tni imimep,q/AwirancegandCertifications.agn?TD=97&FY-2010&Vi... 7/20/2009 - , MEGS [Assurances] • Page 4 of 7 American Recovery and Reinvestment Act (ARRA) of 2009 does not provide for any portion of the funds to be used for administrative purposes. The SFA acknowledges that access to funds not obligated or expended may terminated. PROCUREMENT In purchasing equipment with ARRA grant funds, all local, state, and federal procurement laws must be followed. http://www.michigan.govidocuments/rnde/Administrative_Policy_Memo_7_276774_7.doc REPORTING The SFA must maintain detailed records of all expenditures and allocations of ARRA funds. The ARRA equipment assistance grant funds must be tracked and reported separately and must not be comingled with other program funds. The SFA will comply with all reporting requirements issued by the Office of Management and Budget (OMB) for recipients/sub recipients of the ARRA grants. The SFA will provide information requested by the SA regarding the use of ARRA funds in a timely manner. The information is due each calendar quarter, beginning July 2009 and for End of Year (EOY) Reports. The (EOY) Report due date will be established by the SA for each fiscal year. The SEA will provide the approved board policy that identifies the agencies' per unit capitalization threshold if grant funds are used for a per unit purchase of less than $5,000. REGULATIONS The SFA must comply with the requirements of the following regulations and the corresponding cost circular that establishes the principles for cost determination found at OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments and OMB Circular A-122, Cost Principles for Non-Profit Organizations. The SFA must also comply with the following: a, 7 CFR Part 210: "National School Lunch Program" (only that which applies and does not conflict with the provisions of Public Law 111-5). b. 7 CFR Part 3016: "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments other than Entitlement Programs" (Reference OMB Circular A-102 Common Rule) c. 7 CFR Part 3015: "Uniform Federal Assistance Regulations" httn-firriet,c rnrie rni mirrieucJAssiirancecAnriCerti -fieatinnn.asn?ID---97.ginte--2010&Vi... 7/20/2009 •MEGS [Assurances] Page 5 of 7 d. 7 CFR Part 3017; "Government -wide Debarment and Suspension (Non-Procurement)" e. 7 CFR Part 3018: "New Restrictions on Lobbying'' f. 7 CFR Part 3019: "Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations." g. 7 CFR Part 3021: "Government-wide Requirements for Drug-free Workplace (Financial Assistance) h. 7 CFR Part 3052: 'Audits of States, Local Governments, and Non-Profit Organizations' SUSPENSION AND DEBARMENT The SFA agrees to ensure that all vendors are neither excluded or disqualified under the Suspension and Debarment rules found at 7 CFR sec. 3017.300 by: a. Checking the Excluded Parties List System (EPLS). This information can be found at www.epls.gov . NONDISCRIMINATION The SFA will comply with the following nondiscrimination statutes and regulations, any other related regulations, and any USDA nondiscrimination directives: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), USDA regulations at 7 CFR Part 15, Nondiscrimination, and Department of Justice regulations at 28 CFR Part 42, Nondiscrimination; Equal Employment Opportunity; Policies And Procedures; b. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and USDA regulations at 7 CFR Part 15a, Education Programs or Activities Receiving or Benefiting from Federal Financial Assistance; c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), USDA regulations at 7 CFR Part 15b, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance, and Department of Justice regulations at 28 CFR Part 41, Implementation Of Executive Order 12250, Nondiscrimination On The Basis Of Handicap In Federally Assisted Programs; and d. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). The SFA assures that it will immediately take any measures necessary to effectuate the requirements in these laws, regulations, and directives. The SFA gives this assurance in consideration of and for the purpose of obtaining the funds provided under this httn:fimees.inde.state,mi.usimeoiAssurancesandCortificati ons. aso?ID-97 &FY=20 I O&Vi... 7/20/2009 • Page 6 of 7 MEGS [Assurances] agreement. EVALUATION The SFA will cooperate with any evaluation of the program by providing the SA or USDA/FNS requested data and access to records. The SFA will cooperate with any, as needed, on-site financial and/or technical reviews and audits at any time during the term of the agreement. In addition, the SFA shall make all records pertaining to activities under the grant available for audit purposes. The SFA will require the school(s) to comply with the requirements of this agreement and ensure that the SA or USDA/FNS has access to any school for purposes of evaluating, monitoring or reviewing their operations or records as they relate to this grant. COPYRIGHTS USDA/FNS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes, the following: a. The copyright of any work developed under a grant, sub-grant, or contract under a grant or sub -grant; and b. Any rights of copyright to which a grantee, sub-grantee or a contractor purchases ownership with grant support. USDA/FNS ACKNOWLEDGEMEN Unless otherwise advised by USDA/FNS, the SFA will acknowledge the support of USDA/FNS whenever publicizing the work under this grant. To this end, the SFA must include in any publication resulting from work performed under this grant an acknowledgment in substantially the form set below: This project has been funded at least in part with Federal funds from the U.S. Department of Agriculture. The contents of this publication do not necessarily reflect the view or policies of the U.S. Department of Agriculture, nor does mention of trade names, commercial products, or orgaiiiLations imply endorsement by the U.S. Government.' triARILME.S. The SFA may not seek any financial recourse from USDA/FNS or the SA as a result of any liabilities the SFA might incur for bodily injury or personal property damage resulting from negligent acts, errors, or omissions of the SA, their officers, agents or employees, or if applicable its sub-grantees or their officers, agents, or employees, in performing this agreement. Liabilities of the United States are governed by the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. litto://me2s.inde,state.mi.us/rnessurancesandCertifications.asoM=97&FY=2010&Vi... 7/20/2009 • • - . MEGS [Assurances] Page 7 of 7 FUNDING The SA will provide funds to the SFA in the amount specified in the grant award letter, for use in accordance with this agreement. Funds will be provided through the established claim process, including Michigan Department of Education - Michigan Electronic Grant System (MEGS) and Cash Management System (CMS). GRANT PERIOD The purpose and intent of the ARRA grants is to concurrently improve the infrastructure in the National School Lunch Program and provide an economic stimulus. SFAs are encouraged to fully expend equipment assistance grants within three months of the grant award, no later than end of September 30, 2009. NONCOMPLIANCE The SA may unilaterally terminate this grant agreement or recover, withhold, or cancel payment of up to 100 percent of the funds made available under the agreement if the srA fails to comply with any term of the agreement. The SA will consider failure to comply with the reporting requirements of this grant agreement to be a material failure to comply with the agreement and a basis for termination. Grantee agrees to comply with all applicable requirements of all state statutes, federal laws, executive orders, regulations, policies and award conditions governing this program. Grantee understands and agrees that if it materially fails to comply with the terms and conditions of the grant award, the Michigan Department of Education may withhold funds otherwise due to the grantee from this grant program, any other federal grant programs or the State School Aid Act of 1979 as amended, until the grantee comes into compliance or the matter has been adjudicated and the amount disallowed has bee recaptured (forfeited). The Department may withhold up to 100 percent of any payment based on a monitoring finding, audit finding or pending final report. If the SA decides to take action against the SFA for noncompliance under the grant agreement, the SA will provide the SFA written notice of the basis for its determination. http://raegs.mde.statemi.usimegs/AssurancesandCertifications.asp?ID97&FY -2010&Vi... 7120/2009 • r. EXPENDITT.IRES 1060501-112090-760157 Equipment 2S, COO S29, COO September 2, 2009 YESCAL NOTE (MISC. 109186) BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION - 2009/2010 EQUIPMENT ASSISTANCE GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rile XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds; The Michtgan Department of Education (DE) has awarded the Oakland County Children's Village Division funding in the amount of $25,000, for the purchase and installation of a power washing and sanitizing pot:s and pans system. 2. Ite system wil: be installed in the Children's ViiIage base kitchen, which on a daily basis serves an average of two-hundred-forty (240) children and youth at eleven (11) different sites. 3. Funding perioc.,' is July 1, 2009 thru March 31, 2010. 4. There is no county match or additional positions required, E. A budget amendment is recommended to the Fiscal Year 2009 budget as specified below to reflect the award: FY 20_09 FUND 28005 Equip Asst. Child Village ri.Ev7--NUES 1063501-112090-610313 Federal Operating Grants $25,000 $25,000 FINANCE COMMITTEE Finance Committee Vote: Motion carried unanimously on a roll call vote with Zack absent Resolution #09186 September 2, 2009 Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin. Greimel, Hatchett, Jackson, Jacobsen, Long, McGil'ivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I EERY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson. Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 2, 2009. 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 2nd day of September, 2009. Ged Ruth Johnson, County Clerk