HomeMy WebLinkAboutResolutions - 2021.01.21 - 34091MISCELLANEOUS RESOLUTION #21015 1 January 21, 2021
BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee
IN RE: HEALTH AND HUMAN SERVICES/HEALTH DIVISION — FISCAL YEAR 2021 SUBRECIPIENT
AGREEMENT BETWEEN OAKLAND COUNTY AND OAKLAND LIVINGSTON HUMAN SERVICE
AGENCY FOR WIC SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution (MR) #20459 approved the Fiscal Year (FY) 2021 Michigan
Department of Health and Human Services (MDHHS) Local Health Department (Comprehensive)
Agreement (formally the Comprehensive Planning, Budgeting, and Contracting agreement - CPBC) for the
period October 1, 2020, through September 30, 2021, with the Health Division; and
WHEREAS the FY 2021 Local Health Department (Comprehensive) Agreement includes total funding of
$15,769,498; and
WHEREAS a portion of the grant award, in the amount of $567,508 will be used to reimburse Oakland
Livingston Human Service Agency (OLHSA) for services provided to Women, Infants and Children (WIC)
program participants; and
WHEREAS of the $567,508, $491,611 will be used for reimbursement of WIC Residential Services and
$75,897 for reimbursement of WIC Breastfeeding and Peer Counseling services; and
WHEREAS the Health Division drafted a Subrecipient Agreement (Attachment A) for FY 2021 with OLHSA;
and
WHEREAS OLHSA has agreed to the terms included within the Subrecipient Agreement; and
WHEREAS the Subrecipient Agreement has completed the Grant Review Process in accordance with MR
#19006.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Subrecipient Agreement with the Oakland Livingston Human Service Agency and that the Board
Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement.
BE IT FURTHER RESOLVED that no budget amendment is required.
Chairperson, on behalf of the Public Health and Safety Committee, I move the adoption of the foregoing
resolution.
Commissioner Penny Luebs District #16
Chairperson, Public Health and Safety
Committee
PUBLIC HEALTH AND SAFETY COMMITTEE VOTE:
Motion carried on a roll call vote with Jackson absent.
GRANT REVIEW SIGN -OFF — Health & Human Services/Health Division
GRANT NAME: FY21 CPBC Subrecipient Agreement with OLHSA
FUNDING AGENCY: Michigan Department of Health & Human Services (MDHHS)
DEPARTMENT CONTACT: Stacey Smith / (248) 452-2151
STATUS: Approval of Subrecipient Agreement — Resolution Required
DATE: 12/22/20
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 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 M & B.
The draft resolution will need to be updated to reflect the correct amount of the FY 2021 Local Health
Department Comprehensive Agreement (believe the amount should be $15,769,498 based on PDF page 37 of
the subrecipient agreement). . — Lynn Sonkiss (12/21/20)
[amount updated 12/22/201
Human Resources:
HR Approved — No HR implications — Lori Taylor (12/21/20)
Risk Management:
Approved by Risk Management
Note: Subrecipient & Subcontractors must be required to meet insurance requirements detailed in Part 11. LL of
the agreement. — Robert Erlenbeck (12/21/20)
Corporation Counsel:
I made a few modifications, which Health has reviewed and approved. Consequently, there are no further legal
issues. I attached the final version with track changes, and a clean version with the changes accepted.
— Sharon Kessler (12/22/20)
FY 2021 MDHHS LOCAL HEALTH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Data Universal Numbering System (DUNS) #: 088746458
This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph,
Pontiac, Michigan 48341 ('County") and Oakland Livingston Human Service Agency (OLHSA), 196
Cesar E. Chavez Ave., Pontiac, Michigan 48343-0598, a Michigan Municipal Corporation
("Subrecipient"). The County and Subrecipient shall be collectively referred to as the"Parties."
101 ii1
1. Purpose:
The Parties enter into this Agreement for the purpose of delineating their relationship and
responsibilities regarding the County's use of Grant funds to reimburse the Subrecipient to
implement WIC Resident and WIC Breastfeeding Peer Counseling Services.
The County has entered into a Grant Agreement with the State of Michigan (State) where the
County is eligible to receive reimbursement for facilitating the delivery of public health services
to the citizens of Michigan within its jurisdiction.
The County intends to use a portion of the Grant funds to reimburse the Subrecipient, as
described below, subject to the terms and conditions of this Agreement.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
This Agreement will commence on October 1, 2020 and continue through September 30, 2021.
No service will be provided and no costs to the County will be incurred by the Subrecipient outside
the Period of the Agreement. This Agreement is in full force and effect for the period specified
3. Proaram Budget and Aareement Amount:
A Agreement Amount
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 1 of 68
The total amount of the federal award committed to the Subreci pient under this Agreement
is not to exceed $567,508, and is allocated as follows:
• $75,897.00 — WIC Breastfeeding to fund of $73,397 for 1.5 FTE peer counseling
time and does not include supervisor or mentor time, and $2,500 for IBCLC services
• $491,611 — WIC Resident Services and reflects a budget submitted by OLHSA and
approved by OCHD and State WIC to achieve an average monthly caseload of
3,216
Any adjustment to the total amount of this Agreement, must be made in writing and
executed by all parties to this Agreement before the modifications can be implemented.
The grant Agreement is designated as a:
X Subrecipient relationship (federal funding); or
Recipient (non-federal funding).
The grant Agreement is designated as:
Research and development project; or
X Not a research and development project.
H Identification of Federal Dollars Awarded
CFDA Title: Special Supplemental Nutrition Program for Women, Infants and Children
CFDA Number: 10.557
Award Name: Women Infants and Children
Award Number (FAIN): 202M1013W5003 (Breastfeeding Peer Counseling)
Award Date: 2/18/20
Award Number: 212M1003W1003 (WIC ADMIN)
Award Date: 10/10/20
Federal Agency Name: USDA Food and Nutrition Services
Awarding Official Contact Information:
Period of Performance: October 1, 2020 through September 30, 2021
Pass Through Entity (PTE): Michigan Department of Health & Human Services (MDHHS)
MDHHS Indirect Cost Rate: 10% De Minimis
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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G Equipment Purchases and Title
Subrecipient will not purchase capital assets or equipment using funds from this
Agreement without the approval of the County.
4. Statement of Work:
The Subrecipient agrees to undertake, perform and complete the services described in Attachment
A, which is part of this Agreement through reference.
5. Financial Renuirempn=
The financial requirements shall be followed as described in Part II of this Agreement and
Attachments B1 through 134, which are part of this Agreement.
The progress reporting methods shall be followed as described in Part II and Attachment C,
which are part of this Agreement.
7. General Provisions:
The Subrecipient agrees to comply with the General Provisions outlined in Part ll, which are part
of this Agreement. The Subrecipient also agrees that it will comply with all of the terms and
conditions of the County's Grant Agreement with the State, which is included and incorporated
into this Agreement as Attachment E.
8. Administration of the Aareementi
The person acting for the County in administering this Agreement (hereinafter referred to as the
Project Manager) is: Lisa McKay-Chiasson, Public Health Administrator (248) 858-1395 mckav_
chiassonlaa oakoov.com
9. SubrecWent's Financial Contact for the Aareement:
The person acting for the Subrecipient on the financial reporting forthis Agreement is:
Name
E-Mail Address
Title
Telephone No.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 3 of 68
10. Snecial Conditions:
A This Agreement is valid upon approval and execution by the County and Signature by
the Subrecipient.
a This Agreement is conditionally approved subject to and contingent upon the availability
of funds.
C The County will not assume any responsibility or liability for costs incurred by the
Subrecipient prior to the signing of this Agreement. Upon signature by all parties, the
Agreement shall be effective for the period specified in Section 2., Period of Agreement
above.
Part II General Provisions
1. ResnonsibilRies- Subrecinient
The Subrecipient in accordance with the general purposes and objectives of this Agreement
shall:
A. Royalty Free Rights to Use Software or Documentation Developed
Agree that the federal government reserves a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others to
use, for federal government purposes, the copyright in any work developed under a
grant, subgrant, or contract under grant or subgrant or any rights of copyright to which
a contractor purchases ownership.
B. Fees
Guarantee that any claims made to the County under this Agreement shall not
be financed by any sources other than the County under the terms of this
Agreement. If funding is received through any other source, the Subrecipient agrees
to budget the additional source of funds and reflect the source of funding on the
Financial Status Report.
C. Grant Program Operation
Provide the necessary administrative, professional, and technical staff for operation of
the grant program. The Subrecipient must obtain and maintain all necessary licenses,
permits, and insurances under Part 11.11, or other authorizations necessary for the
performance of this Agreement.
D. Reporting
Utilize all report forms and reporting formats required by the County at the effective
date of this Agreement and provide the County with timely review and commentary on
any new report forms and reporting formats proposed for issuance thereafter.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation, to support program activities and all expenditures made under the
terms of this Agreement, as required. The Subrecipient must assure that all terms of
the Agreement will be appropriately adhered to and that records and detailed
documentation for the grant project or grant program identified in this Agreement will
be maintained for a period of not less than four years from the date of termination, the
date of submission of the final expenditure report or until litigation and audit findings
have been resolved. This Section applies to Subrecipient, any parent, affiliate, or
subsidiary organization of Subrecipient, and any subcontractor that performs
Agreement Activities in connection with this Agreement.
F. Audit and Access to Records
Subrecipient certifies by signing this Agreement that it complies with regulations set forth
in Title 2 Code of Federal Regulations (CFR) Part 200 and will provide notice of the
completion of required audits and any adverse findings which impact this subaward as
required by parts 200,501-200.521, and will provide access to records as required by
parts 200.336, 200.337 and 200.201, as applicable. The County, MDHHS or federal
agencies may also conduct or arrange for "agreed upon procedures" or additional audits
to meet their needs.
G. Notification of Modifications
Provide timely notification to the County, in writing, of any action by its governing board
or any other funding source that would require or result in significant modification in the
provision of services, funding or compliance with operational procedures.
H. Mandatory Disclosures
i Disclose to the County in writing within 14 days of receiving notice of any
litigation, investigation, arbitration, or other proceeding (collectively,
"Proceeding") involving Subrecipient, a subcontractor, or an officer or director of
Subrecipient or subcontract, or that arises during the term of this Agreement
including:
1. All violations of federal and state criminal law involving fraud, bribery,
or gratuity violations potentially affecting the Agreement;
2. A criminal Proceeding;
3. A parole or probation Proceeding;
4. A Proceeding under the Sarbanes-Oxley Act;
5. A civil Proceeding involving:
a. A claim that might reasonably be expected to adversely affect
Subrecipient's viability or financial stability; or
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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b. A governmental or public entity's claim or written allegation of
fraud; or
c. A Proceeding involving any license that Subrecipient is required to
possess in order to perform under this Agreement.
Notify the County, at least 90 calendar days before the effective date, of a
change in Subrecipient's ownership or executive management.
I. Statement of Work Progress Reports
Submit quarterly Statement of Work progress reports to the County Project Manager by
the 15th of the month following the end of the quarter and a final report by November 15th.
J. Conflict of interest and Code of Conduct Standards
i The Subrecipient is subject to the provisions of 1968 PA 317, as amended, 1973
PA 196, as amended, and Title 2 Code of Federal Regulations, Section
200.318 (c) (1) and (2).
i The Subrecipient will uphold high ethical standards and is prohibited from:
1. Holding or acquiring an interest that would conflict with this
Agreement;
2. Doing anything that creates an appearance of impropriety with respect
to the award or performance of this Agreement;
3. Attempting to influence or appearing to influence any County
employee by the direct or indirect offer of anything of value; or
4. Paying or agreeing to pay any person, other than employees and
consultants working for Subrecipient, any consideration
contingent upon the award of this Agreement.
i Immediately notify the County of any violation or potential violation of these
standards. This Section applies to Subrecipient, any parent, affiliate, or
subsidiary organization of Subrecipient, and any subcontractor that performs
activities in connection with this Agreement.
K. Travel Costs
Be reimbursed for travel cost (including mileage, meals, and lodging) budgeted
and incurred related to services provided under this Agreement.
If the Subrecipient has a documented policy related to travel reimbursement for
employees and if the Subrecipient follows that documented policy, the County
will reimburse the Subrecipient for travel costs at the Subrecipient's documented
FY 2021 MOHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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reimbursement rate for employees. Otherwise, the State of Michigan travel
reimbursement rate applies.
4 State of Michigan travel rates may be found at the following website:
http:llwww.michigan.gov/dtmb/0.5552.7-150-9141-13132-.00.html.
L. Insurance Requirements
i Maintain a minimum of the insurances or governmental self -insurances listed
below and is responsible for all deductibles. All required insurance or self-
insurance must:
1. Protectthe Countyfrom claims that may arise out of, are alleged to arise
out of, or result from Subrecipient or a subcontractor's
performance;
2. Be primary and non-contributing to any comparable liability insurance
(including self-insurance) carried by the County; and
3. Be provided by a company with an A.M. Best rating of "A" or betterand
a financial size of VII or better.
i Insurance Types
1. Commercial General Liability Insurance or Governmental Self -
Insurance: Except for Governmental Self —Insurance, policies must be
endorsed to add "the County of Oakland, i is departments,
divisions, agencies, offices, commissions, officers, employees, and
agents' as additional insureds using endorsement CG 2010 07 04 and
CG 2037 07 04.
2. If the Subrecipient will deal with children, schools, or the cognitively
impaired, coverage must not have exclusions or limitations related to
sexual abuse and molestation liability.
3. Workers' Compensation Insurance or Governmental Self -Insurance:
Coverage according to applicable laws governing work activities. Waiver
of subrogation, except where waiver is prohibited by law.
4. Employers Liability Insurance or Governmental Self -Insurance.
5. Privacy and Security Liability (Cyber Liability) Insurance: cover
information security and privacy liability, privacy notification costs,
regulatory defense and penalties, and website media content liability.
i Subrecipient must require that subcontractors maintain the required
insurances contained in this Section.
i✓ This Section is not intended to and is not to be construed in any manner as
waiving, restricting or limiting the liability of the Subrecipient from any obligations
under this Agreement.
V. Each Party must promptly notify the other Party of any knowledge regarding an
occurrence which the notifying Party reasonably believes may result in aclaim
against either Parry. The Parties must cooperate with each other regarding such
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY tOLHSA)
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claim.
M. Fiscal Questionnaire
L Submit yearly fiscal questionnaire to the County by the 15th of December.
i The fiscal questionnaire template will be provided by Oakland County Fiscal
Services.
N. Criminal Background Check
Conduct or cause to be conducted an Internet Criminal History Access Tool
(ICHAT) check and a national and state sex offender registry check for each new
employee, employee, subcontractor, subcontractor employee, or volunteer who,
under this Agreement works directly with clients or has access to client information.
1. ICHAT: http://apps michioan.00v/ichat
2. Michigan Public Sex Offender Registry: http://www.mipsor.state.mi.us
3. National Sex Offender Registry: http://www.nsopw.Gov
Conduct or cause to be conducted a Central Registry (CR) check for each new
employee, employee, subcontractor, subcontractor employee, or volunteer who,
under this Agreement works directly with children or vulnerable adults.
Central Reoistrv: htto:/Miww.michioan.aov/mdhhs/0.5885.7-339-
73971 7119 50648 48330---.00.html
i Require each new employee, employee, subcontractor, subcontractor employee,
or volunteer who, under this Agreement, works directly with clients or who has
access to client information to notify the Subrecipient in writing of criminal
convictions (felony or misdemeanor), pending felony charges, or placement on the
Central Registry as a perpetrator, at hire or within 10 days of the event after hiring.
iJ. Prohibit each employee, subcontractor, subcontractor employee, or volunteer that
works directly with clients or has access to client information and has a positive
ICHAT response or reported criminal felony conviction or perpetrator identification
from assigned duties related to clients under this Agreement.
Ensure that each employee, subcontractor, subcontractor employee, or volunteer
that works directly with children and/or vulnerable adults and has a positive CR
response or reported perpetrator identification are not assigned to duties under this
Agreement.
2. Responsibilities - Cnunty
The County in accordance with the general purposes and objectives of this Agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this Agreement
based upon appropriate reports, records, and documentation maintained by the
Subrecipient.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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B. Report Forms
Provide any report forms and reporting formats required by the County at the effective
date of this Agreement, and provide to the Subrecipient any new report forms and
reporting formats proposed for issuance thereafter at least 90 days prior to their required
usage in order to afford the Subrecipient an opportunity to review and offercomment.
3. Assurance
The following assurances are hereby given to the County:
A. Compliance with Applicable Laws
The Subrecipient will comply with applicable federal and state laws, guidelines, rules and
regulations in carrying out the terms of this Agreement. The Subrecipient will also comply
with all applicable general administrative requirements, such as Title 2 Code of Federal
Regulations (CFR) covering cost principles, grant/agreement principles, and audits, in
carrying out the terms of this Agreement. The Subrecipient will comply with all applicable
requirements in the original grant awarded to the County. The County may determine that
the Subrecipient has not complied with applicable federal or state laws, guidelines, rules,
and regulations in carrying out the terms of this Agreement and may then terminate this
Agreement under Part Il, Section 4, G. Agreement Termination.
B. Anti -Lobbying Act
The Subrecipient will comply with the Anti -Lobbying Act, 31 USC 1352 as revised by the
Lobbying Disclosure Act of 1995, 2 USC 1601 at sec, 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).
Further, the Subrecipient shall require that the language of this assurance be included in
the award documents of all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
C. Non -Discrimination
The Subrecipient must comply with MDHHS's non-discrimination statement:
Michigan Department of Health and Human Services will not discriminate against
any individual or group because of race, sex, religion, age, national origin, color,
height, weight, marital status, gender identification or expression, sexual
orientation, partisan considerations, or a disability or genetic information that is
unrelated to the person's ability to perform the duties of a particular job or position.
The Subrecipient further agrees that every subcontract entered into for the
performance of any contract or purchase order resulting therefrom, will contain a
provision requiring non-discrimination in employment, activity delivery and access,
as herein specified, binding upon each subcontractor. This covenant is required
pursuant to the Elliot -Larsen Civil Rights Act, 1976 PA 453, as amended, MCL
37.2101 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220,
as amended, MCL 37.1101 at seq., and any breach thereof may be regarded as a
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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material breach of this Agreement.
The Subrecipient will comply with all federal statutes relating to
nondiscrimination. These include but are not limited to:
1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
§§1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§794), which prohibits discrimination on the basis of disabilities;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-
6107), which prohibits discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as
amended, relating to nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
8. Any other nondiscrimination provisions in the specific statute(s) under
which application for federal assistance is being made; and
9. The requirements of any other nondiscrimination statute(s) which may
apply to the application.
i Additionally, assurance is given to the County that proactive efforts will be made
to identify and encourage the participation of minority- owned and women -
owned businesses, and businesses owned by persons with disabilities in
contract solicitations. The Subrecipient shall incorporate language in all contracts
awarded: (1) prohibiting discrimination against minority -owned and women -owned
businesses and businesses owned by persons with disabilities in subcontracting;
and (2) making discrimination a material breach of contract.
D. Debarment and Suspension
The Subrecipient will comply with Federal Regulation, 2 CFR part 180 and certifies to the
best of its knowledge and belief that it, its employees and its subcontractors:
i Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or contractor;
i Have not within a five-year period preceding this Agreement been convicted
of or had a civil judgment rendered against them for commission of fraud or a
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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criminal offense in connection with obtaining, attempting to obtain, or performing a
public (federal, state, or local) or private transaction or contract under a public or
private transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, receiving stolen property, making false
claims, or obstruction of justice;
Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the offenses
enumerated in section 2;
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default; and
V. Have not committed an act of so serious or compelling a nature that it affects your
present responsibilities.
E. Federal Requirement: Pro -Children Act
The Subrecipient will comply with Public Law 103-227, also known as the Pro -Children
Act of 1994, 20 USC 6081 at seq, which requires that smoking not be permitted in any
portion of any indoor facility owned or leased or contracted by and used routinely or
regularly for the provision of health, day care, early childhood development services,
education or library services to children under the age of 18, if the services are funded
by federal programs either directly or through state or local governments, by federal
grant, contract, loan or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or maintained with such
federal funds. The law does not apply to children's services provided in private residences;
portions of facilities used for inpatient drug or alcohol treatment; service providers
whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where
Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order on
the responsible entity. The Subrecipient also assures that this language will be included in
any subawards which contain provisions for children's services.
The Subrecipient also assures, in addition to compliance with Public Law 103-227, any
service or activity funded in whole or in part through this Agreement will be delivered in a
smoke -free facility or environment. Smoking shall not be permitted anywhere in the facility,
or those parts of the facility under the control of the Subrecipient. If activities or services
are delivered in facilities or areas that are not under the control of the Subrecipient (e.g., a
mall, restaurant or private work site), the activities or services shall be smoke -free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Subrecipient will comply with the Hatch Political Activity Act, 5 USC 1501-1508 and
7321-7326, and the Intergovernmental Personnel Act of 1970 (PL 91-648), as amended by
Title VI of the Civil Service Reform Act of 1978 (PL 95-454). Federal funds cannot be used
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
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for partisan political purposes of any kind by any person or organization involved in the
administration of federally assisted programs.
G, National Defense Authorization Act Employee Whistleblower Protections
The Subrecipient will comply with 41 USC 4712 and shall insert this clause in all
subcontracts.
H. Clean Air Act and Federal Water Pollution Control Act
The Subrecipient Will comply with the Clean Air Act (42 U.S.C. 7401-7671q.) and the
Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended.
i This Agreement and anyone working on this Agreement will be subject to the Clean
Air Act and Federal Water Pollution Control Act and must comply with all applicable
standards, orders or regulations issued pursuant to these Acts. Violations must be
reported to the County.
Trafficking Victims Protection Act
The Subrecipient will comply with the Trafficking Victims Act of 2000, as amended.
i This Agreement and anyone working on this Agreement will be subject to the
Trafficking Victims Protection Act and must comply with all applicable standards,
orders or regulations issued pursuant to this Act. Violations must be reported to
the County.
J. Procurement of Recovered Materials
The Subrecipient will comply with section 6002 of the Solid Waste Disposal, as amended.
I This Agreement and anyone working on this Agreement will be subject to section
6002 of the Solid Waste Disposal Act and must comply with all applicable
standards, orders or regulations issued pursuant to these Acts. Violations must be
reported to the County.
K. Procurement
Subrecipient will ensure that all purchase transactions, whether negotiated or advertised,
shall be conducted openly and competitively in accordance with the principles and
requirements of Title 2 Code of Federal Regulations, Part 200. Funding from this
Agreement shall not be used for the purchase of foreign goods or services or both. Records
shall be sufficient to document the significant history of all purchases and shall be
maintained for a minimum of three years after the end of the Agreement period.
L. Health Insurance Portability and Accountability Act
To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is
applicable to the Subrecipient under this Agreement, the Subrecipient assures that it is in
compliance with requirements of HIPAA including the following:
i The Subrecipient must not share any protected health data and information
provided by the County that is covered by HIPAA except as permitted or required
by applicable law; or to a subcontractor as appropriate under this Agreement.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 12 of 68
The Subrecipient will ensure that any subcontractor Will have the same
obligations as the Subrecipient not to share any protected health data and
information from the County that falls under HIPAA requirements in the terms and
conditions of the subcontract.
The Subrecipient must only use the protected health data and information for the
purposes of this Agreement.
u. The Subrecipient must have written policies and procedures addressing the use of
protected health data and information that falls under the HIPAA requirements.
The policies and procedures must meet all applicable federal and state
requirements including the HIPAA regulations. These policies and procedures
must include restricting access to the protected health data and information by the
Subrecipient's employees.
V. The Subrecipient must have a policy and procedure to immediately report to the
County any suspected or confirmed unauthorized use or disclosure of
protected health information that falls under the HIPAA requirements of which
the Subrecipient becomes aware, The Subrecipient will work with the County to
mitigate the breach and will provide assurances to the County of corrective
actions to prevent further unauthorized uses or disclosures. The County may
demand specific corrective actions and assurances and the Subrecipient
must provide the same to the County.
vi Failure to comply with any of these contractual requirements may result in the
termination of this Agreement in accordance with Part II, Section 4, G. Agreement
Termination.
u In accordance with HIPAA requirements, the Subrecipient is liable for any claim,
loss or damage relating to unauthorized use or disclosure of protected health
data and information, including without limitation, the County's costs in
responding to a breach, received by the Subrecipient from the State, County, or
any other source.
4 The Subrecipient will enter into a business associate agreement should the County
determine such an agreement is required under HIPAA.
M. Website Incorporation
The County is not bound by any content on Subrecipient's website unless expressly
incorporated directly into this Agreement. The County is not bound by any end user license
agreement or terms of use unless specifically incorporated in this Agreement or any other
agreement signed by the County. The Subrecipient may not refer to the County on the
Subrecipient's website without the prior written approval of the County.
N. Survival
The provisions of this Agreement that impose continuing obligations will survive the
expiration or termination of this Agreement.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 13 of 68
O, Non -Disclosure of Confidential Information
i The Subrecipient agrees that it will use Confidential Information solely for the purpose of
this Agreement. The Subrecipient agrees to hold all Confidential Information in strict
confidence and not to copy, reproduce, sell, transfer or otherwise dispose of, give or
disclose such Confidential Information to third parties other than employees, agents,
or subcontracts of a party who have a need to know in connection with this Agreement or
to use such Confidential Information for any purpose whatsoever other than the
performance of this Agreement. The Subrecipient must take all reasonable precautions
to safeguard the Confidential Information. These precautions must be at least as
great as the precautions the Subrecipient takes to protect its own confidential or
proprietary information.
i Meanina of Confidential Information
For the purpose of this Agreement the term "Confidential Information" means all
information and documentation that:
1. Has been marked "confidential" or with words of similar meaning, at
the time of disclosure by such party;
2. If disclosed orally or not marked "confidential" or with words of similar
meaning, was subsequently summarized in writing by the disclosing party
and marked "confidential" or with words of similar meaning;
3. Should reasonably be recognized as confidential information of the
disclosing party;
4. Is unpublished or not available to the general public; or
5 Is designated by law as confidential.
i The term "Confidential Information" does not include any information or
documentation that was:
1. Subject to disclosure under the Michigan Freedom of Information
Act (FOIA);
2. Already in the possession of the receiving party without an obligation
of confidentiality;
3. Developed independently by the receiving party, as
demonstrated by the receiving party, without violating the disclosing
party's proprietary rights;
4. Obtained from a source other than the disclosing party without an
obligation of confidentiality; or
5. Publicly available when received or thereafter became publicly available
(other than through an unauthorized disclosure by, through or on behalf
of, the receiving party).
u. The Subrecipient must notify the County within one (1) business day after
discovering any unauthorized use or disclosure of Confidential Information.
The Subrecipient will cooperate with the County in every way possible to regain
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 14 of 68
possession of the Confidential Information and prevent further unauthorized use
or disclosure.
4. Financial Reauirements
A. Requests for Reimbursement
I Invoices shall be prepared and submitted to the Project Manager using forms
provided by the County. Invoices must be submitted on a monthly basis, no later
than fifteen (15) days after the close of each calendar month. The monthly invoice
must reflect total actual program expenditures, regardless of the source of
funds. Failure to meet financial reporting responsibilities as identified in this
Agreement may result in withholding future payments.
By submitting the invoice, the individual is certifying to the best of their knowledge
and belief that the information included therein is true, complete and accurate and
the expenditures, disbursements, and cash receipts are for the purposes and
objectives set forth in the terms and conditions of this Agreement. The individual
submitting the invoice should be aware that any false, fictitious, or fraudulent
information, or the omission of any material facts, may subject them to criminal,
civil or administrative penalties for fraud, false statements, false claims or
otherwise.
B. Requests for an Amendment to Budget
i A request for an amendment can be submitted at any time up until June 1, 2021
i A written request for a budget amendment with revised budget pages is required
when there Is a change in a budget category over $5,000 or 15% of the category,
whichever constitutes the greater amount. The deviation allowance does not
authorize new categories or line items within the category.
i A determination of approval, disapproval or pending status will be sent within 10
business days or comments/questions if further clarification is required
N Submit amendment requests to Lisa McKay-Chiasson at mckav-
chiassonllau)oakoov.com. Forquestions, call 248-858-1395, Lisa McKay-Chiasson.
C. Reimbursement Method
The Grantee will be reimbursed in accordance with the staffing grant reimbursement
method as follows:
Reimbursement from the County is based on the understanding that County funds
will be paid up to the total County allocation as agreed to in the approved budget.
County funds are first source after the application of fees and earmarked sources
unless a specific local match condition exists.
i To request reimbursement for eligible expenditures, the Subrecipient shall submit
to the County the documentation described in the following subparagraphs with
the mrnthiliinvoice If the Cnunhi in itc cnlp disrretinn rietprminpe the
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 15 of 68
documentation submitted by the Subrecipient does not reconcile, then the
Subrecipient shall provide any additional documentation requested by the County
in order to process payment.
1. A fully completed and signed invoice using Attachments D1 and D2.
2. A payroll report that supports reimbursement requests for salaries and/or
fringes
3. Employee timesheets with a signature from the project manager or
supervisor for those individuals whose time is requested for
reimbursement
4. General ledger listing qualified expenditures requested for reimbursement
5. Receipts or invoices that include date of service, cost, and/rate for
qualified expenditures
6. Date and detail of miles traveled for allowable travel expenditures
D. Final Obligations and Financial Status Reporting Requirements
i Obligation Report
The Obligation Report, based on annual guidelines, must be submitted by the due
date using the format provided by the County, The Subrecipient must provide an
estimate of total expenditures for the entire Agreement period. The information on
the report will be used to record the County's year-end accounts payables and
receivables for this Agreement.
Final Invoices
Final invoices are due nine (9) days following the end of the Agreement period.
The final invoice must be clearly marked "Final." Final invoices not received by the
due date may result in the loss of funding requested on the Obligation Report and
may result in the potential reduction in the subsequent year's agreement amount.
E. Unobligated Funds
Any unobligated balance of funds held by the Subrecipient at the end of the Agreement
period will be returned to the County within 30 days of the end of the Agreement or treated
in accordance with instructions provided by the County.
F. Indirect Costs
The Subrecipient is allowed to use a 10% de minimis rate in accordance with Title 2 Code
of Federal Regulations (CFR) Part 200 to recover their indirect costs.
G. Agreement Termination
The County may terminate this Agreement without further liability or penalty to the County
for any of the following reasons:
i This Agreement may be terminated by either party by giving 30 days written
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 16 of 68
notice to the other party stating the reasons for termination and the effective date.
This Agreement may be terminated by either party with 30 days prior written
notice upon the failure of either party to carry out the terms and conditions of this
Agreement, provided the alleged defaulting party is given notice of the alleged
breach and fails to cure the default within the 30-day period.
This Agreement may be terminated immediately if the Subrecipient or an official of
the Subrecipient or an owner is convicted of any activity referenced in Part II,
Section 3, D. Debarment and Suspension, of this Agreement during the term of this
Agreement or any extension thereof.
H. Stop Work Order
The County may suspend any or all activities under this Agreement at any time. The County
will provide the Subrecipient with a written stop order detailing the suspension.
Subrecipient must comply with the stop work order upon receipt. The County will not pay
for Activities, Subrecipient's lost profits, or any additional compensation during a stop work
period.
Final Reporting Upon Termination
Should this Agreement be terminated by either party, within 30 days after the termination,
the Subrecipient shall provide the County with all financial, performance and other reports
required as a condition of this Agreement. The County will make payments to the
Subrecipient for allowable reimbursable costs not covered by previous payments or other
state or federal programs. The Subrecipient shall immediately refund to the County any
funds not authorized for use and any payments or funds advanced to the Subrecipient in
excess of allowable reimbursable expenditures.
J. Severability
If any part of this Agreement is held invalid or unenforceable, by any court of competent
jurisdiction, that part will be deemed deleted from this Agreement and the severed part will
be replaced by agreed upon language that achieves the same or similar objectives. The
remaining Agreement will continue in full force and effect.
K. Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver to enforce
any other provision of this Agreement.
L. Amendments
Any changes to this Agreement will be valid only if made in writing and accepted by all
Parties to this Agreement. Any change proposed by the Subrecipient which would affect
the County funding of any project, in whole or in part of the agreement, must be submitted
in writing to the County for approval immediately upon determining the need for such
change.
M. Liability
The Subrecipient assumes all liability to third parties, loss, or damage as a result of claims,
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 17 of 68
demands, costs, or judgments arising out of activities, such as direct activity delivery, to be
carried out by the subrecipient in the performance of this Agreement, under the following
conditions:
i The liability, loss, or damage is caused by, or arises out of, the actions of or
failure to act on the part of the Subrecipient, any of its subcontractors, or anyone
directly or indirectly employed by the Subrecipient.
i Nothing herein shall be construed as a waiver of any governmental immunity that
has been provided to the Subrecipient or its employees by statute or court
decisions.
The County is not liable for consequential, incidental, indirect, or special damages,
regardless of the nature of the action.
N. Governing Law
This Agreement must be exclusively governed by the laws and construed by the laws of
Michigan, excluding Michigan's choice -of -law principle. All claims related to or arising out
of this Agreement, or its breach, whether sounding in contract, tort, or otherwise, must
likewise be governed exclusively by the laws of Michigan, excluding Michigan's choice -of -
law principles. Any dispute as a result of this Agreement shall be resolved in the State of
Michigan.
O. Entire Agreement
This Agreement represents the entire agreement and understanding between the Parties.
This Agreement supersedes all other oral or written agreements between the Parties. The
language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 18 of 68
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners,
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, and hereby accepts and binds the County to the terms and conditions of this Agreement.
EXECUTED:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
DATE:
IN WITNESS WHEREOF, , acknowledges that he/she has been authorized to
sign this Agreement on behalf of the responsible governing board, official, or Subrecipient, and hereby
accepts and binds the Subrecipient to the terms and conditions of this Agreement.
EXECUTED: DATE:
Printed Name:
Title:
Oakland Livingston Human Service Agency
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 1S of 68
Attachment A
fJAinimum Contractor Scone of Service Renuirements,
Subrecipient, in accordance with the general purposes and objectives of this Agreement, will provide
Women, Infants and Children's Program (WIC) and Peer Counseling services as follows:
• Compliance with the State of Michigan WIC Division Policy and Procedure Manual (Click Here).
• Maintain confidentiality of records on clients served and allow for the sharing of client information
between the County and Contractor staff. Obtain signed Release of Information forms for sharing client
information with other community service agenciesiproviders unless mutual aid agreements are
available from the State WIC agency,
• Cooperate with an annual site visit by OCHO and develop and adhere to a Corrective Action Plan
developed as a result of audit exceptions. The program must comply with all State and Federal audit
requirements as applicable.
• Responsible for all expenses incurred to support and maintain delivering WIC services.
• Coordinate with the Contract Administrator and comply with all program, financial and reporting
procedures.
Provide for security of Project FRESH coupons, as applicable and WIC EBT cards stored prior to
issuance. Subrecipient must notify the Oakland County Health Division WIC program and the State
WIC Division in writing of any lost, stolen, inappropriately issued or otherwise unaccounted for Project
FRESH coupons or EBT cards, immediately upon recognition of such condition.
• Maintain an inventory of all equipment purchased with WIC program funds and maintain such inventory
at each WIC clinic location.
• Install and maintain WIC hardware according to guidance provided by the Department WIC Program.
• Each OLHSA employee authorized for or requesting access to the automated WIC system must
complete and sign a security agreement.
• Any individual that embezzles, willfully misapplies, steals or obtains by fraud, any funds, assets or
property provided, whether received directly or indirectly from the USDA with a value of $100 or more,
shall be subject to a fine of not more than $25,000.
• Provide personnel possessing at least the minimum qualifications as set by MDHHS —WIC Division, to
deliver WIC services to the identified target population.
• Create an Outreach Plan per WIC policy and submit to OCHD for review and approval. Implement the
plan to conduct outreach to identify and bring difficult to reach women and children into the WIC
Program from communities identified as undeserved by the Oakland County Health Division WIC
Program (OCHD WIC).
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 20 of 68
• Provide an annual plan and corresponding budget for the delivery of WIC services and Breastfeeding
Peer Counseling Services, specifically dealing with timelines and expected activity and productivity as
defined by OCHD and MDHHS WIC.
• Act as a resource to additional health and human services in the community.
• All materials and advertising used to promote the WIC Program shall also include information about
WIC services offered by Oakland County Health Division and refer clients to Oakland County Health
Division WIC clinics if those clinics provide the best access to services forthem.
• Refer all ante partum women to the Oakland County Health Division in partnership with OCHD Infant
Mortality Reduction efforts.
• Breastfeeding Peer Counseling (BFPC) funds distributed to State agencies by the Food and Nutrition
Service (FNS) are to be used to develop or expand activities necessary to sustain a peer counseling
program based on the FNS Loving SIDDOft Model. The primary purpose of the funds is to provide direct
breastfeeding support services through peer counseling to WIC participants. The use of BFPC funds
for expenditures that are not supported by the Lovina SUDDort Model are not authorized.
• Funds allocated for the Breastfeeding Peer Counseling Program are exempt from the WIC Nutrition
Education and Breastfeeding Time Study.
• Comply with MI -WIC Policy 1.07L Staff Training Plan as detailed for applicable staff as it pertains to all
State WIC training opportunities.
OLHSA WIC clinic locations and dates and times of service are listed below. Any change to location must
be approved by Oakland County Health Division by following the procedures described below.
C.A.R.E.S. of Farmington
27835 Shiawassee Rd.
Farminqton Hills, MI 48336
Karl Richter Center
300 East St.
Holly, MI 48442
Madison Heights
711 West 13 Mile Rd.
Madison Heights, MI 48071
OLHSA Building
196 Cesar E. Chavez Ave.
Pontiac, MI 48342
Holy Cross Lutheran Church
136 S. Washington
Oxford, MI 48371
am-4pm
Every Tuesday 8 am - 4 pm
Tuesday, Wednesday and Thursday 8 am - 4 pm
Monday, Wednesday, Thursday and 8 am - 4 pm
Friday
2nd Monday (Once a Month) 8 am -4 pm
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 21 of 68
Reouirements for Relocafina. Adding or Closina a WIC Clinic
A request to move, add or close a WIC clinic shall be submitted to OCHD in writing 60 days rior the clinic
change occurring. The written request must include:
• The reason for the move, closure or additional clinic
• Describe how many clients are impacted by the clinic change and how they will receive information
about the change in WIC services
• Identification of the proposed site
• Justification for the location being proposed including:
o Analysis of caseload and how the move or addition of a clinic will impact caseload
o Documentation of need
o Number of clients estimated to be served at the location
• Location of clinic including zip codes served
• Frequency of the proposed clinic
The Oakland County Health Division WIC Supervisor shall complete a site visit, if provisional approval is
granted for the proposed site. When the site visit is successfully completed and any concerns about the
location addressed, final, written approval will be provided.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 22 of 68
Attachment B1
PROGRAM BUDGET SUMMARY For WIC Funding Application
View at 100%or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
' Use WHOLE DOLLARS Only ,
PROGRAM
Oakland Livingston Human Service Agency WIC program
CONTRACTORNAME _
Oakland Livingston Human Service Agency
MAILING ADDRESS (Number and Street)
196 Cesar E. ChaNez
CITY STATE ZIP CODE
Pontiac Mi 48343
r
r EXPENDITURE CATEGORY
r 1.SALARY& WAGES
r 2.!FRINGE BENEFITS
r 3. TRAVEL
r 4SUPPLIES & MATERIALS
5. CONTRACTUAL (Subcontracts/SubreciDients)
6. EQUIPMENT
6. OTHER EXPENSES
r 8.'TOTAL DIRECT EXPENDITURES
leum of Lines 1-/)
9. INDIRECT COSTS:
r ',INDIRECT COSTS:
r
r10. TOTAL EXPENDITURES
Pr
I
SOURCE OF FUNDS:
11. FEES & COLLECTIONS
112. STATE AGREEMENT
r13., LOCAL
w. rMUlZMMI.
1b. U 1 HtK(ti)
16. TOTAL FUNDING
DATE PREPARED
7/23/2020
BUDGET PERIOD
From: 101112020
IR�GET AGREEMEN70
ORIGINAL
FEDERAL ID NUMBER
38-1785665
Page I Of
To: 19130/2021
AMENDMENT#
AMENDMENT
TOTAL BUDGET
(Use Whole Dollars)
$348.095
$90.116
$4.4001
$15,0001
$10,000
$24,000
I
I
j)49'I,b-I'I
$491,611
AUTHORITY: P.A. 368 of 1978 The Department of Community Health Is an equal opportunity
COMPLETION: Is Voluntary, butis required as a condition of funding. employer, services and programs provider
DCH-0385(E) (Rev 01/09) (Excel) Previous Edition Obsolete
Attachment B2
PROGRAM BUDGET - COST DETAIL SCHEDULE
!View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Page
i Use WHOLE DOLLARS Only
PROGRAM I BUDGET PERIOD
OLHSA WIC Program From: I101112020 ITo:
9/30/2021
CONTRACTOR NAME BUDGET AGREEMENT
Oakfand Livingston Human Service Agency I U ORIGIMIAMENDMENT
M
IDATE PREPARED
712412020
(AMENDMENT#
1. SALARY &WAGES:
I
I
POSITIONS
POSITION DESCRIPTION
COMMENTS I
REQUIRED I
I WIC Coordinator Associate Director/RD
140 hrs per week x 52 weeks 1
1.0001
18reastfeeding Coordinator
136 hrslweek x 52 weeks I
09001
1Registered Dietitian - Part Time
@ 21 hrlwkx52 weeks,
0.5201
1Registered Dietitian —Part Time
I1
I a 16 hours /week X 52 weeks I
0,4001
IRegistered Dietitian - Full Time
175 40 hourslweek/52 weeks
1.0001
(CPA
I1@40 hrs/week x 52 weeks
1.0001
I Health Tech Supervisor
11 @ 40 hrs x 52 weeks 1
1.0001
I Health Tech
12@21 hrslweek X 52 weeks I
2.0001
I WIC Phone Receptionist
1@24 hours/week X52 weeks 1
0.600I
10LHSA Receptionist
;1@4 hourslweekX52 weeks J
_
0.100
IHR Cost Pool
$1001ftelmonth I
0.048
IIT Cost Pool
_
i$0.95/ftelmorlth 1
0.0451
1
1. TOTAL SALARY & WAGES:(
8.6131
2. FRINGE BENEFITS: (Specify)
j
Composite Rate
FICA U LIFE INS
. � DENTAL INS
45% full time
_ _
UNEMPLOY U VISION
_
U WORK COMP
18%part time
LVJ RETIREM Q HEARING
Q HOSPITA 1 LJ OTHERsp
1LTD 2, TOTAL
FRINGE BENEFITS: 1
3. TRAVEL: (Specify if category exceeds 10%-of Total Expenditures)
Conferences, required training -all staff $4,000.00 for conferences
Local Travel Mileage Rate @ .40 cents per mile
1,000 miles as $400.00
3 TOTAL TRAVEL:
4. SUPPLIES & MATERIALS: (Specify if category exceeds 10% of Total Expenditures)
Including gloves, controls, office/cleaning/sanitizing supplies/Masks (PPE) and any
materials required tl
1 4. TOTAL SUPPLIES & MATERIALS]
S. CONTRACTUAL: (Subcontracts/Submeiplents)
Name j Address
Amount
5. TOTAL CONTRACTUAL:
6. EQUIPMENT: (Specify) Amount 1
Replacement of outdated or non functioning printers, scanners, computers
as needed to update technology
6. TOTAL EQUIPMENT:(
7. OTHER EXPENSES: (Specify If category exceeds 10% of Total Expenditures)
Communication: ,flyers, advertising, business cards, news ads
$
Space Cost 'Madison Heights clinic
$
_ _
Farmington Clinic
$
Others (explain). . Telephones
$
Audit 1
., g
,Madison Heights Cleaning
$
1 8. TOTAL DIRECT EXPENDITURES: (Sum of Totals 1-7)
9. INDIRECT COST CALCULATIONS:
Rate #1 Base $, x Rate
Rate #2 Base $ - x Rate
110, TOTAL ALL EXPENDITURES: (Sum of lines 8-9)
AUTHORITY: P A 368 of 1978
COMPLETION' Is Volmltary, but a laqu red as a condlllou of faudln9
)OCH41386(E) )Rey 01109)(EXCEL) Previous Edlion onsolela
Amount
1,000
10,000
2,400
7,500
600
2,500
Total
TOTAL SALARY
$ 54,704
$ 41,8681
$ 28,3921
$ 19,1361
$ 47,2901
$ 39,8741
$ 35,0231
$ 37,1281
$ 14,249
$ 2,800
$ 10,440
$ 17,191
$ 348,095
a. TOTAL DIRECT EXPENDITURES: 1 $
r $
9. TOTAL INDIRECT EXPENDITURES: $
11
90,116
4,400
15,000
$10,000
$1,000
$10,000
$2,400
$7, 500
$600
$2, 500
$24,000
491,611
491,611
1 Fha Uerertmenl of Co mmumty Health Is an equal eppmlunity employer aeNlces and
lonfi ama 11-rder
Use Adtl,llonal Sheets as Needed
Attachment 63
PROGRAM BUDGET SUMMARY For WIC Peer Counselor Funding Application
View at 100%or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Use WHOLE DOLLARS Only
PROGRAM DATE PREPARED I Page
Oakland Livingston Human Service Agency WIC Program 712312020
CONTRACTOR NAME BUDGET PERIOD
Oakland Livingston Human Service Agency WIC Program From: 10/112020 To: 9/30/2021
1 MAILING ADDRESS (Number and Street) BUDGETAGREEMENT AMENDMENT #
II 0 ❑ 1
1196 Cesar E. Chavlez Pontiac, Michigan 48343 ORIGINAL AMENDMENT
I
CATEGORY
r 1 CAI ARV R \A/Ar:FS
I 9 FRIN!_F RFAIFFITS
Z TRA\/FI
IQ
6. EQUIPMENT
7 OTHFR FYPFNSFS - Iict hAInW
I
I :ECT Z:Kr H BITER=
ffffff roam n no�_»
A INIIIRFCT C(ISTS' Rate #1 °.
r
10. TOTAL EXPENDITURES
SOURCE OF FUNDS:
I
116, TOTAL FUNDING
COMPLETION: Is Voluntary, but is required as a condition of funding.
DCH-0385(E) (Rev. 01/09)
K
Tr)TAI_RI InrFT
(Use Whole Dollars)
U7 cnn
a,4 nnn
P7_LClf9
R7r RQ7
$75,857
$75,857
Attachment B4
PROGRAM BUDGET - COST DETAIL SCHEDULE
View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITYHEALTH Page Of
U WHOLE DO' I - S O Us
R my
OLHSA WIC PROGRAM (PEER COUNSELING) I BUDGET PERIOD JDATE PREPARED
From: To:
712312020
1101112020 I9130/2021
CONTRACTOR NAME
BUDGET AGREEMENT
AMENDMENT
#
Oakland Livingston Human Agency
' Q ORIGINAL EV AMENDMENT
(4. SALARY & WAGES:
f POSITIONS
POSITION DESCRIPTION
COMMENTS REQUIRED
TOTAL SALARY
Breastfeeding Peer Counselor
1004 hours/week x52 j
0,1001
$
2,576
Senior Peer Counselor IBCLC
1@8 hourslweek X 52
02001
$
7,422
Peer Counselor
2@20 hours/weekX52 I
1.000
$
24,267
_ _ _ _ _ _
Peer Counselor
_ _
1@10 hours/weekX52 (
0.250I
$
2,692
_ _ _ _ _ _
1HRCost Pool
_ _
1$100/fte/month (
0.0461
$
2,850
IITCost Pool
1$0.95/fte/month 1
0.0451
$
4,693
�OLHSA Receptionist
1@4 hours/weekX52 weeks
0.1001
$
2,800
1. TOTAL SALARY & WAGES:1
1.7431
$
47,300
2. FRINGE BENEFITS: (Specify) _ _ I Composite Rate
Q FICA LIFE INS QV DENTAL INS 18% PartTime $ 13,395
Q UNEMPLOY INS Q VISION INS WORKM MF 45% Full Time
RETIREMENT HEARING INS: j
HOSPITAL INS C1 OTHER:spedfy 2. TOTAL FRINGE BENEFITS: $ 13,395
3. TRAVEL: (Specify if category exceeds 10 % of Total Expenditures)
4 Trips to Lansing for 3 staff members, local travel, conferences, and add'I trainings $3,000
i3. TOTAL TRAVEL: $ 3,000
4. SUPPLIES & MATERIALS: (Specify if category exceeds 10% of Total Expenditures)
$ 7,155
4. TOTAL SUPPLIES & MATERIALS: $ 7,195
5. CONTRACTUAL: (Subcontracts/Subrecipients)
Name _ ! Address Amount
5, TOTAL CONTRACTUAL: $ -
6. EQUIPMENT: (Specify) Amount 1
I
S. TOTAL EQUIPMENT:( $
7. OTHER EXPENSES: (Specify if category exceeds 10% of Total Expenditures) Amount
Communication: ' Flyers, advertising, business cards, news and $ 1,000
ads
Space Cost:
Others (explain): ;Telephones_ $ 3,419
'.Insurance $ 294
lAudit UHY 27726 Stansbury Ste, 200 Farmington $ 294
7. TOTAL OTHER EXPENSES: $ 5,007
8. TOTAL DIRECT EXPENDITURES: (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: 1 $ 75,897
9. INDIRECT COST CALCULATIONS:
Rate #1 Base $' _ x Rate
Rate #2 Base $ - x Rate
10. TOTAL ALL EXPENDITURES: (Sum of lines 8-9)
COMPLETION Voluntary, bul is tequlretl esacond,llon q(Nntling
1DCH-0384(E) (Rev, MKS) (EXCEL)
_ $
$
9. TOTAL INDIRECT EXPENDITURES: $ -
$ 75,897
Use Addfifonel Sheets as Needed
Costs Allow�phle Only With Prior Approval - The following costs are allowable only with prior
review/approval of the Michigan Department of Health & Human Services as specified by the U.S.
Department of Agriculture, Food and Nutrition Service (Ref.: 7 CFR Part 246, and USDA- WIC
Administrative Cost Handbook 3/86). Prior approval is accomplished by providing appropriate detail in the
budget request to OHCD which is approved by MDHHS or subsequently in a written request to OCHD and
approved in writing by MDHHS and provided to OCHD.
A. Automated Information Svstems - which are required by a local Grantees except for those used in
general management and payroll, including acquisition of automated data processing hardware or
software whether by outright purchase or rental -purchase agreement or other method of acquisition.
B. Caoital Exoenditures of $2.500 or More - such as the cost of facilities, equipment, including medical
equipment, other capital assets and any repairsthat materially increase the value or useful life of capital
assets.
C. Management Studies - performed by agencies or departments other than the local Grantee or those
performed by outside consultants under contract with the local Grantee.
D. Accounting and Auditing Services - performed by private sector firms under professional service
contracts for purposes of preparation or audit of program and financial records/reports.
E. Other Professional Services - rendered by individuals or organizations, not a part of the local Grantee,
such as:
1. Contractual private physician providing certification data,
2. Contractual organization providing laboratory data.
3. Contractual translators and interpreters at the local Grantee level.
F. Training and Education - provided for employee development, which directly or indirectly benefits the
grant program, to the extent that such training is contracted for or involves out -of -service training over
extended periods of time.
G. Building Space and Related Facilities - the cost to buy, lease or rent space in privatelyor publicly owned
buildings for the benefit of the program.
H. Non-Frinae Insurance and Indemnification Costs- all charges to WIC must be necessary, reasonable,
allowable and allocable for the proper and efficient administration of the program. Further information
and cost standards are provided in federal instructions including Title 2 CFR, Part 200 and 7 CFR
Part 3015.
8reastfeeding Peer Counseling Program
The Grantee must follow the allowable expense guidelines provided by USDA FNS for the Peer Counselor
Grant. The use of BFPC funds for expenditures that are not supported by the Lovina SuoDort Model are not
authorized. Expenses for 8reastfeeding education and supplies must be charged to the normal WIC budget;
not the Peer Counselor Grant.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 28 of 68
The primary purpose of these funds is to provide breastfeeding support services through peer counseling
to WIC participants. The Grantee must follow the staffing requirements as set forth in the Loving Support
Model.
Expenses may include:
• Supervisor and/or mentor staff time
• Materials that educate/advertise to WIC clients about the Peer Counseling Program
• Educational resources for Peer
• Voicemail, cell phones or phone -line expenses
• Equipment or office furniture
• Indirect costs
OLHSA, however, must not charge a disproportionate amount of funds for these above noted items when
compared to funds spent on direct service delivery by the Peer Counselor.
For Breastfeeding Peer Counseling Program (BFPC) Allowable Expenses, see table below:
Furniture, computers/laptops,
and office equipment used to
provide peer counseling
services and traininq
Phone lines, internet service,
cell/smartphones, pagers and
answering machines for
contacts between peer
counselors and mothers
Portable baby scales for peer
counselors to weigh infants
outside of the WIC clinic
Space and lease costs for
peer counselors to provide
services
Yes
Yes
Yes -Adequate training and
supervision of the peer
counselor by an IBCLC or
other lactation expert and
policies surrounding the use
of scales and their purpose
must be in place.
Yes
NSA funds may be used to
purchase scales for use by
staff other than peer
counselors,
Incentives and Educational Materials to Promote Breastfeeding
Breastfeeding educational No NSA funds may be used for
materials for mothers such as this purpose,
pamphlets and DVDs
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 29 of 68
Breast pumps and No NSA funds may be used for
breastfeeding aids for mothers this purpose.
Breast pumps and
breastfeeding aids for
demonstration purposes by
peer counselors
Incentive items distributed to
WIC participants to encourage
breastfeeding
Personnel and Compensation
Salaries and compensation for
peer counselors, designated
peer counselor coordinators,
and referral experts
Salaries and compensation for
International Board Certified
Lactation Consultants
QBCLCs)
Yes
No
Yes
Yes, BFPC funds may be
used to hire IBCLCs to
provide oversight/
management of peer
counseling programs and/or
supervision, mentoring and
referral expertise for peer
counselors.
BFPC funds may also be
used to pay for IBCLC time if
a peer counselor refers a
WIC mother to an IBCLC for
consultation outside of the
peer counselor's scope of
practice. The IBCLC may
be compensated using
BFPC funds if the
mother continues to be
supported by the peer
counselor and remains part
of the peer counselor's
caseload.
NSA funds may be used for
this purpose.
BFPC funds cannot be used to
disproportionately hire
lactation management experts
versus peer counselors. NSA
funds may be used to
strengthen general IBCLC
breastfeeding expertise in
WIC.
NSA funds must be used for
IBCLC consultations for WIC
mothers who are not referred
by peer counselors and are not
part of a peer counselor's case
load.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 30 of 68
Salaries and compensation for Yes, BFPC funds may be Definition of Peer Counselor
dual -role staff, e.g., part-time
used for the portion of time
. Paraprofessional (see
WIC Nutrition Assistant and
spent as peer counselor,
Lovinq Sunoort Model
part-time peer counselor
The "dual -role' staff must
for definition)
meet the definition of peer
. Recruited and hired
counselor in the Lovinq
from target population,
SUOoort Model, including
and
being available to
. Available to WIC
participants outside of
clients outside usual
regular WIC hours,
clinic hours and
outside the WIC clinic
environment
Males as Breastfeeding Peer
No. The definition of peer
Men can be valuable members
Counselors
counselor in the Lovinq
of breastfeeding promotion
Support Model is based on
and support activities in WIC,
research demonstrating the
such as providing father -led
benefit of hiring peer
support groups and other
counselors from WIC's
activities to support
target population of WIC-
breastfeeding mothers and
eligible women.
families. However,
components and activities that
are outside of those defined by
the Lovina Support Model
must be funded through the
regular NSA grant or other
sources.
Recruitment of peer
Yes
counselors and related staff
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 31 of 68
Staffing and expenses related Yes. BFPC funds may be
to breastfeeding hotlines and used to hire peer counselors
call centers. to answer calls to a WIC
breastfeeding hotline if the
peer counselor meets the
definition of peer counselor
and receives the appropriate
training and supervision as
outlined in the Lovin
Support Model. Other
expenses related to the
hotline/call center such as
rent, phone lines,
equipment, are allowable for
any portion of those
expenses that are for the
purpose of a peer counselor
providing participant
contacts through the
hotline/call center.
Staff Training and Resources
Travel for training of peer
Yes
counselors and peer
counseling staff/managers
Travel for home and hospital
Yes
visits by peer counselors
Continuing Education for
Yes, if it relates to peer
IBCLCs
counseling programs (e.g.,
managing, mentoring,
serving as a referral)
Breastfeeding resources for
Yes, if the resources are
peer counselors and peer
related to peer counseling,
counseling
e.g., training materials for
coordinators/supervisors
peer counselors.
Breastfeeding resources for No. NSA funds may be used to
WIC staff not related to peer purchase general
counseling breastfeeding resources for
WIC staff.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 32 of 68
Attachment C Reporting Requirements
Invoicina Drocess: Submit monthly, the actual costs incurred for the WIC grant and Breastfeeding Peer
Counselor grant using the electronic invoice provided by OCHD. The invoice form reflects the Subrecipient
budget approved by the County and the State WIC program.
As part of the Breastfeeding Peer Counseling Grant, Subrecipient shall maintain monthly records for each
individual Peer Counselor. Specific supplemental reporting forms will be provided by MDDHS WIC program
to complete this requirement. Reports are due to the Opkland County Health Division WIC supervisor
by the 5tn day of January. March. JUN and October for review and submission to MDHHS WIC.
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 33 of 68
Attachment D1
•LHSA - Contract #005233
Agency Name: Oakland County Health Division - WIC START
Billing for Period ofr: Contract Period 10/1/20 - 9/30/21
i
Function Description (Ex. Office Supplies, Consumable
Code Materials etc)
Salaries
Fringes
Travel/Mileage
Supplies & Materials
Equipment
Advertising, flyers, business cards
Space Rental- Madison Hgts, Farmington, Baldwin
Telephones
Audit
Madison Heights Cleaning
NOTE: Please e-mail the submission, addressed to:
Lisa McKay-Chiasson/mckay-chiassonl@oakgov.com
Lcc: Teresa LePoudre, lepoudret@oakgov.com
Category
YTD,-
Number Budget AmountExpr�ttdifurp-
$
348,095.00
$
4,400.00$�
_
15,0
M1
$
12,400.00
I.
$
491.611.00
�1
"I
-5
$ 348,O0S.00
$', 901116.0Q
1s,6o0.00
S: 5 1z,aoo.oli
600,00
Attachment D2
Agency Name: Oakland Livingston Human Service Agency (OLHSA) -WIC BREAST FEEDING
Billing for Period of: Contract Period 10/01/20 - 09/30/2021
Function Description (Ex. Office Supplies, Consumable
Code Materials etc)
Salaries
Fringes
Travel/Mileage
Supplies & Materials
Advertising, flyers, business cards
Telephones
Audit
NOTE: Please e-mail the submission, addressed to:
Lisa McKay-Chiasson - mckay-chiassonl@oakgov.com
cc: Teresa LePoudre - lepoudret@oakgov.com
Category
YTD
Remaining
Number Budget
Amount
Expenditure
Balance
$
47,300.00
$ -
$
47,300.00
$
13,395.00
$ -
$
13,395.00
$
3,000.00
$ -
$
3,000.00
$
7,195.00
$ -
$
7,195.00
$
1,000.00
$ -
I $
1,000.00
$
3,419.00
$
$
3,419.00
$
294.00
$ -
I $
294.00
$
294.00
$
$
294.00
Attachment E
FY 2021 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA)
Page 36 of 68
Agreement #: 20210269-00
Agreement Between
Michigan Department of Health and Human Services
hereinafter referred to as the "Department"
and
County of Oakland
hereinafter referred to as the "Local Governing Entity"
on Behalf of Health Department
Oakland County Department of Health and Human Services/ Health Division
1200 N. Telegraph Rd. 34 East
Pontiac MI 48341 0432
Federal I.D.#: 38-6004876, DUNS M 136200362
hereinafter referred to as the "Grantee"
for
The Delivery of Public Health Services under
the Local Health Department Agreement
Part 1
1. Purpose
This agreement is entered into for the purpose of setting forth a joint and cooperative
Grantee/Department relationship and basis for facilitating the delivery of public health
services to the citizens of Michigan under their jurisdiction, as described in the attached
Annual Budget, established Minimum Program Requirements, and all other applicable
Federal, State and Local laws and regulations pertaining to the Grantee and the
Department. Public health services to be delivered under this agreement include
Essential Local Public Health Services (ELPHS) and Categorical Programs as specified
in the attachments to this agreement.
2. Period of Agreement:
This agreement shall commence on the date of the Grantee's signature or October 1,
2020 whichever is later and continue through September 30, 2021. Throughout the
Agreement, the date of the Grantee's signature or October 1, 2020, whichever is later,
shall be referred to as the start date. This Agreement is in full force and effect for the
period specified.
3. Program Budget and Agreement Amount
A. Agreement Amount
In accordance with Attachment IV - Funding/Reimbursement Matrix, the total
State budget and amount committed for this period for the program elements
covered by this agreement is $15,769,498.00.
Date. 10/01/2020 Contractit 20210269-00, Oakland County Department of Health and Human Services/ Page: 1 of 208
Health DnAsion, Local Health Department -2021
B. Equipment Purchases and Title
Any Grantee equipment purchases supported in whole or in part through this
Agreement must be listed in the supporting Equipment Inventory Schedule
which should be attached to the Final Financial Status Report. Equipment
means tangible, non -expendable, personal property having a useful life of more
than one year and an acquisition cost of $5,000 or more per unit. Title to items
having a unit acquisition cost of less than $5,000 shall vest with the Grantee
upon acquisition. The Department reserves the right to retain or transfer the title
to all items of equipment having a unit acquisition cost of
$5,000 or more, to the extent that the Department's proportionate interest in
such equipment supports such retention or transfer of title.
C. Budget Transfers and Adjustments
1. Transfers between categories within any program element budget
supported in whole or in part by state/federal categorical sources of
funding shall be limited to increases in an expenditure budget category
by $10,000 or 15% whichever is greater. This transfer authority does not
authorize purchase of additional equipment items or new
subcontracts with state/federal categorical funds without prior written
approval of the Department.
2. Except as otherwise provided, any transfers or adjustments involving
state/federal categorical funds, other than those covered by C.1,
including any related adjustment to the total state amount of the budget,
must be made in writing through a formal amendment executed by all
parties to this agreement in accordance with Section IX. A. of Part II.
3. The CA and C.2 provisions authorizing transfers or changes in local
funds apply also to the Family Planning program, provided statewide
local maintenance of effort is not diminished in total.
Any statewide diminishing of total local effort for family planning and/or
any related funding penalty experienced by the Department shall be
recovered proportionately from each local Grantee that, during the course
of the agreement period, chose to reduce or transfer local funds from the
Family Planning program.
4. Agreement Attachments
A. The following documents are attachments to this Agreement Part I and Part II -
General Provisions, which are part of this agreement:
1. Attachment I - Annual Budget
2. Attachment III -Program Specific Assurances and Requirements
3. Attachment IV - Funding/Reimbursement Matrix
4. Attachment V - FY 2021 Agreement Addendum A
B. The attachments are added into this agreement as follows:
1. Original Agreement (Part 1 and 2), Attachment I, III, IV, V
DateM0112020 Contract # 20210269-00, Oakland County Department of Health and Human Seances/ Page: 2 of 208
Health DiMsion, Local Health Department -2021
5. Statement of Work
The Grantee agrees to undertake, perform and complete the services described in
Attachment III - Program Specific Assurances and Requirements and the other
applicable attachments to this agreement which are part of this agreement.
6. Financial Requirements
The financial requirements shall be followed as described in Part II and Attachment 1 -
Annual Budget and Attachment IV - Funding/Reimbursement Matrix, which are part of
this agreement.
7. Performance/Progress Report Requirements
The progress reporting methods, as applicable, shall be followed as described in part II
and Attachment III, Program Specific Assurances and Requirements, which are part of
this agreement.
8. General Provisions
The Grantee agrees to comply with the General Provisions outlined in Part 11, which are
part of this agreement .
9. Administration of the Agreement
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Consultant) is:
Name: Carissa Reece
Title: Department Analyst
Telephone No.: 517-335-0940
E-Mail Address ReeceC@michigan.gov
The person acting for the Grantee on the financial reporting for this agreement is:
TIFANNY KEYES-BOWIE
Name
KEYESBOWI ET@OAKGOV.COM
E-Mail Address
Accountant
Title
(248) 858-0943
Telephone No.
Date, 10/0112020 Contract # 20210269-00, Oakland County Department of Health and Human SeMces/
Health DiNslon, Local Health Department -2021
Page: 3 of 208
10.
11
12.
Special Conditions
A. This agreement is valid upon approval and execution by the Department which
may be contingent upon State Administrative Board and signature by the
Grantee.
B. This agreement is conditionally approved subject to and contingent upon
availability of funding and other applicable conditions.
C. Based on the availability of funding, the Department may specify the amount of
funding the Grantee may expend during a specific time period within the
Agreement Period.
D. The Department has the option to assume no responsibility or liability for costs
incurred by the Grantee prior to the start date of this agreement.
E. The Grantee is required by PA 533 of 2004 to receive payments by electronic
funds transfer.
Special Certification
The individual or officer signing this agreement certifies by his or her signature that he
or she is authorized to sign this agreement on behalf of the responsible governing
board, official or Grantee.
Signature Section
For Oakland County Department of Health and Human Services/ Health Division
David T. Woodward County Commissioner
Name Title
For the Michigan Department of Health and Human Services
Christine H. Sanches 10/01/2020
Christine H. Sanches, Director Date
Bureau of Grants and Purchasing
Date10/01/2020 Contract# 20210269-00, Oaldand County Department of Health and Human Services/ Page: 4 of 208
Health Division, Local Health Department -2021
Part 2
General Provisions
I. Responsibilities - Grantee
The Grantee, in accordance with the general purposes and objectives of this Agreement
shall:
A. Publication Rights
1. Copyright materials only when the Grantee exclusively develops books,
films or other such copyrightable materials through activities supported by
this Agreement. The copyrighted materials cannot include recipient
information or personal identification data. Grantee provides the
Department a royalty -free, non-exclusive and irrevocable license to
reproduce, publish and use such materials copyrighted by the Grantee
and authorizes others to reproduce and use such materials.
2. Obtain prior written authorization from the Department's Office of
Communications for any materials copyrighted by the Grantee or
modifications bearing acknowledgment of the Department's name prior to
reproduction and use of such materials. The state of Michigan may
modify the material copyrighted by the Grantee and may combine it with
other copyrightable intellectual property to form a derivative work. The
state of Michigan will own and hold all copyright and other intellectual
property rights in any such derivative work, excluding any rights or
interest granted in this Agreement to the Grantee. If the Grantee ceases
to conduct business for any reason or ceases to support the
copyrightable materials developed under this Agreement, the state of
Michigan has the right to convert its licenses into transferable licenses to
the extent consistent with any applicable obligations the Grantee has.
3. Obtain written authorization, at least 14 days in advance, from the
Department's Office of Communications and give recognition to the
Department in any and all publications, papers and presentations
arising from the Agreement activities.
4. Notify the Department's Bureau of Grants and Purchasing 30 days
before applying to register a copyright with the U.S. Copyright Office.
The Grantee must submit an annual report for all copyrighted materials
developed by the Grantee through activities supported by this
Agreement and must submit a final invention statement and certification
within 60 days of the end of the Agreement period.
5. Not make any media releases related to this Agreement, without prior
written authorization from the Department's Office of Communications.
B. Fees
1. Guarantee that any claims made to the Department under this
Agreement shall not be financed by any sources other than the
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Health Dimsion, Local Health Department- 2021
Department under the terms of this Agreement. If funding is received
Date: 7D/01/2020 Contract#20210269-00, OaWand County Departmentof Health and Human Services/ Page: 6 of 208
Health Division, Local Health Department -2021
through any other source, the Grantee agrees to budget the additional
source of funds and reflect the source of funding on the Financial Status
Report.
2. Make reasonable efforts to collect 1st and 3rd party fees, where
applicable, and report those collections on the Financial Status Report.
Any under recoveries of otherwise available fees resulting from failure to
bill for eligible activities will be excluded from reimbursable
expenditures.
C. Grant Program Operation
Provide the necessary administrative, professional and technical staff for
operation of the grant program. The Grantee must obtain and maintain all
necessary licenses, permits and insurances consistent with requirements
under Part II.1.T. or other authorizations necessary for the performance of this
Agreement.
Use an accounting system that can identify and account for the funds received
from each separate grant, regardless of funding source, and assure that grant
funds are not commingled.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
start date of this Agreement and provide the Department with timely review and
commentary on any new report forms and reporting formats proposed for
issuance thereafter.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation, to support program activities and all expenditures made under
the terms of this Agreement, as required. The Grantee must assure that all terms
of the Agreement will be appropriately adhered to and that records and detailed
documentation for the grant project or grant program identified in this Agreement
will be maintained for a period of not less than four years from the date of
termination, the date of submission of the final expenditure report or until
litigation and audit findings have been resolved. This section applies to the
Grantee, any parent, affiliate, or subsidiary organization of the Grantee and any
subcontractor that performs activities in connection with this Agreement.
F. Authorized Access
1. Permit within 10 calendar days of providing notification and at
reasonable times, access by authorized representatives of the
Department, Federal Grantor Agency, Inspector Generals, Comptroller
General of the United States and State Auditor General, or any of their
duly authorized representatives, to records, papers, files, documentation
and personnel related to this Agreement, to the extent authorized by
applicable state or federal law, rule or regulation.
2. Acknowledge the rights of access in this section are not limited to the
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Health Division, Local Health Department -2021
required retention period. The rights of access will last as long as the
records are retained.
3. Cooperate and provide reasonable assistance to authorized
representatives of the Department and others when those individuals
have access to the Grantee's grant records.
G. Audits
1. Single Audit
The Grantee must submit to the Department a Single Audit consistent
with the regulations set forth in Title 2 Code of Federal Regulations
(CFR) Part 200, Subpart F. The Single Audit reporting package must
include all components described in Title 2 Code of Federal
Regulations, Section 200.512 (c) including a Corrective Action Plan, and
management letter (if one is issued) with a response to the Department.
The Grantee must assure that the Schedule of Expenditures of Federal
Awards includes expenditures for all federally -funded grants.
2. Other Audits
The Department or federal agencies may also conduct or arrange for
agreed upon procedures or additional audits to meet their needs.
3. Due Date and Where to Send
The Single Audit reporting package, management letter (if one is issued)
with a response and Corrective Action Plan shall be submitted to the
Department within nine months after the end of the Grantee's fiscal year
by e-mail at,MDHHS-AuditReports@michigan.gov. The required
submission must be assembled as one document in a PDF file and
compatible with Adobe Acrobat (read only). The subject line must state
the agency name and fiscal year end. The Department reserves the right
to request a hard copy of the audit materials if for any reason the
electronic submission process is not successful.
4. Penalty
a. Delinquent Single Audit or Financial Related Audit
If the Grantee does not submit the required Single Audit reporting
package, management letter (if one is issued) with a response,
and Corrective Action Plan within nine months after the end of
the Grantee's fiscal year and an extension has not been
approved by the cognizant or oversight agency for audit, the
Department may withhold from the current funding an amount
equal to five percent of the audit year's grant funding (not to
exceed $200,000) until the required filing is received by the
Department. The Department may retain the amount withheld if
the Grantee is more than 120 days delinquent in meeting the filing
requirements and an extension has not been
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approved by the cognizant or oversight agency for audit. The
Department may terminate the current grant if the Grantee is
more than 180 days delinquent in meeting the filing requirements
and an extension has not been approved by the cognizant or
oversight agency for audit.
b. Delinquent Audit Exemption Notice
Failure to submit the Audit Exemption Notice, when required,
may result in withholding payment from Department to Grantee
an amount equal to one percent of the audit year's grant
funding until the Audit Exemption Notice is received.
H. Subrecipient/Contractor Monitoring
1. When passing federal funds through to a subrecipient (if the Agreement
does not prohibit the passing of federal funds through to a subrecipient),
the Grantee must:
a. Ensure that every subaward is clearly identified to the
subrecipient as a subaward and includes the information
required by 2 CFR 200.331 (a).
b. Ensure the subrecipient complies with all the requirements of
this Agreement.
C. Evaluate each subrecipient's risk for noncompliance as required
by 2 CFR 200.331(b).
d. Monitor the activities of the subrecipient as necessary to ensure
that the subaward is used for authorized purposes, in
compliance with federal statutes, regulations and the terms and
conditions of the subawards; that subaward performance goals
are achieved; and that all monitoring requirements of 2 CFR
200.331(d) are met including reviewing financial and
programmatic reports, following up on corrective actions and
issuing management decisions for audit findings.
e. Verify that every subrecipient is audited as required by 2 CFR
200 Subpart F.
2. Develop a subrecipient monitoring plan that addresses the above
requirements and provides reasonable assurance that the subrecipient
administers federal awards in compliance with laws, regulations and the
provisions of this Agreement, and that performance goals are achieved.
The subrecipient monitoring plan should include a risk -based
assessment to determine the level of oversight and monitoring activities,
such as reviewing financial and performance reports, performing site
visits and maintaining regular contact with subrecipients.
3. Establish requirements to ensure compliance for for -profit subrecipients
as required by 2 CFR 200.501(h), as applicable.
4. Ensure that transactions with subrecipients/contractors comply with
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laws, regulations and provisions of contracts or grant agreements in
compliance with 2 CFR 200.501(h), as applicable.
I. Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of activities, funding or compliance with
operational procedures.
J. Software Compliance
Ensure software compliance and compatibility with the Department's data
systems for activities provided under this Agreement, including but not limited to
stored data, databases and interfaces for the production of work products and
reports. All required data under this Agreement shall be provided in an
accurate and timely manner without interruption, failure or errors due to the
inaccuracy of the Grantee's business operations for processing data. All
information systems, electronic or hard copy, that contain state or federal data
must be protected from unauthorized access.
K. Human Subjects
Comply with Federal Policy for the Protection of Human Subjects, 45 CFR 46.
The Grantee agrees that prior to the initiation of the research, the Grantee will
submit Institutional Review Board (IRB) application material for all research
involving human subjects, which is conducted in programs sponsored by the
Department or in programs which receive funding from or through the state of
Michigan, to the Department's IRB for review and approval, or the IRB
application and approval materials for acceptance of the review of another IRB.
All such research must be approved by a federally assured IRB, but the
Department's IRB can only accept the review and approval of another
institution's IRB under a formally approved interdepartmental agreement. The
manner of the review will be agreed upon between the Department's IRB
Chairperson and the Grantee's authorized official.
L. Mandatory Disclosures
1. Disclose to the Department in writing within 14 days of receiving notice of
any litigation, investigation, arbitration or other proceeding
(collectively, "Proceeding") involving Grantee, a subcontractor or an
officer or director of Grantee or subcontractor that arises during the term
of this Agreement including:
a. All violations of federal and state criminal law involving fraud,
bribery, or gratuity violations potentially affecting the
agreement.
b. A criminal Proceeding;
C. A parole or probation Proceeding;
d. A Proceeding under the Sarbanes-Oxley Act;
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e. A civil Proceeding involving:
1. A claim that might reasonably be expected to
adversely affect Grantee's viability or financial stability;
or
2. A governmental or public entity's claim or written
allegation of fraud; or
f. A Proceeding involving any license that the Grantee is required
to possess in order to perform under this Agreement.
2. Notify the Department, at least 90 calendar days before the effective
date, of a change in Grantee's ownership and/or executive
management.
M. Minimum Program Requirements
Comply with Minimum Program Requirements established in accordance with
Section 2472,3 of 1978 PA 368 as amended, MCL 333.2472 (3), MSA 14.15
(2472.3), for each applicable program element funded under this agreement.
N. Annual Budget and Plan Submission
Submit an Annual Budget and Plan request to the Department, in accordance
with instructions established by the Department, to serve as the basis for
completion of specific details for Attachments I, III, and IV of this agreement via
Grantee/Department negotiated amendment(s). Failure to submit a complete
Annual Budget and Plan by the due date through MI E-Grants will result in the
deferral of Department payments until these documents are submitted.
O. Maintenance of Effort
Comply with maintenance of effort requirements for Essential Local Public
Health Services (ELPHS), as defined in the current Department appropriation
act, and Family Planning in accordance with federal requirements, except as
noted in Section 3.C.3 of Part I.
P. Accreditation
1. Comply with the local public health accreditation standards and follow
the accreditation process and schedule established by the Department to
achieve full accreditation status.
a. Failure to meet all accreditation requirements or implement
corrective plans of action within the prescribed time period will
result in the status of "Not Accredited." Grantees designated as
"Not Accredited" may have their Department allocations
reduced for costs incurred in the assurance of service delivery.
b. Submit a written request for inquiry to the Department should
the Grantee disagree with on -site review findings or their
accreditation status. The request must identify the
disagreement and resolution sought. The inquiry participants
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will be comprised of Grantee staff, Department staff, the
Accreditation Commission Chair, and the Accreditation
Coordinator as needed. Participants will clarify facts, verify
information and seek resolution.
2. Consent Agreements/Administrative Compliance
Orders/Administrative Hearings for "Not Accredited" Grantees:
a. If designated as "Not Accredited", the Grantee will receive a
Consent Agreement Package from the Department. Grantees
and their local governing entities shall be given 75 days to
review the package, meet with the Department, and sign and
return the Consent Agreement.
b. Fulfillment of the terms and conditions of the Consent
Agreement will not affect accreditation status, but impacts the
Grantees' ability to fulfill its contractual obligations under the
Local Health Department Grant Agreement. Grantees
designated as "Not Accredited", will retain this designation until
the subsequent accreditation cycle.
C. Failure to fulfill the terms and conditions of the Consent
Agreement within the prescribed time period will result in the
issuance of an Administrative Compliance Order by the
Department.
d. Within 60 working days after receipt of an Administrative
Compliance Order and proposed compliance period, a local
governing entity may petition the Department for an
administrative hearing. If the local governing entity does not
petition the Department for a hearing within 60 days after
receipt of an Administrative Compliance Order, the order and
proposed compliance date shall be final. After a hearing, the
Department may reaffirm, modify, or revoke the order or modify
the time permitted for compliance.
e. If the local governing entity fails to correct a deficiency for which
a final order has been issued within the period permitted for
compliance, the Department may petition the appropriate circuit
court for a writ of mandamus to compel correction.
Q. Medicaid Outreach Activities Reimbursement
Report allowable costs and request reimbursement for the Medicaid Outreach
activities it provides in accordance with 2 CFR, Part 200 and the requirements
in Medicaid Bulletin number: MSA 05-29.
Submit a Cost Allocation Plan Certification to the Department to bill for the
Medicaid Outreach Activities. The Cost Allocation Plan Certification is valid until
a change is made to the cost allocation plan or the Department determines it is
invalid.
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Submit quarterly FSRs for the Medicaid Outreach activities and an annual FSR
for the Children with Special Health Care Services Medicaid Outreach
activities in accordance with the instructions contained in Attachment I. In
accordance with the Medicaid Bulletin, MSA 05-29, agree to target Medicaid
outreach effort toward Department established priorities. For fiscal year 2021,
the Department priorities are: lead testing, outreach and enrollment for the
Family Planning waiver, and outreach for pregnant women, mothers and
infants for the Maternal and Infant Health Program. The Grantee will submit a
report using the MDHHS Local Health Department Medicaid Outreach form
describing their outreach activities targeting the priorities 30 days after the end
of a fiscal year quarter and at the same time as the final FSR is due to the
Department. The Local Health Department Medicaid Outreach report are to be
sent through MI E-Grants as an attachment report to the Financial Status Report.
R. Conflict of Interest and Code of Conduct Standards
1. Be subject to the provisions of 1968 PA 317, as amended, 1973 PA
196, as amended, and 2 CFR 200.318 (c)(1) and (2).
2. Uphold high ethical standards and be prohibited from the following:
a. Holding or acquiring an interest that would conflict with this
Agreement;
b. Doing anything that creates an appearance of impropriety with
respect to the award or performance of this Agreement;
C. Attempting to influence or appearing to influence any state
employee by the direct or indirect offer of anything of value; or
d. Paying or agreeing to pay any person, other than employees
and consultants working for Grantee, any consideration
contingent upon the award of this Agreement.
3. Immediately notify the Department of any violation or potential violation
of these standards. This section applies to Grantee, any parent, affiliate
or subsidiary organization of Grantee, and any subcontractor that
performs activities in connection with this Agreement.
S. Travel Costs
1. Be reimbursed for travel cost (including mileage, meals, and lodging)
budgeted and incurred related to services provided under this
agreement.
a. If the Grantee has a documented policy related to travel
reimbursement for employees and if the Grantee follows that
documented policy, the Department will reimburse the Grantee
for travel costs at the Grantee's documented reimbursement
rate for employees. Otherwise, the State of Michigan travel
reimbursement rate applies.
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b. State of Michigan travel rates may be found at the following
website: https://www.michigan.gov/dtmb/O,5552,7-358-
82548_13132---, 00. html .
C. International travel must be preapproved by the Department
and itemized in the budget.
T. Insurance Requirements
1. Maintain at least a minimum of the insurances or governmental self -
insurances listed below and be responsible for all deductibles. All
required insurance or self-insurance must:
a. Protect the state of Michigan from claims that may arise out of,
are alleged to arise out of, or result from Grantee's or a
subcontractor's performance;
b. Be primary and non-contributing to any comparable liability
insurance (including self-insurance) carried by the state; and
C. Be provided by a company with an A.M. Best rating of "A-" or
better and a financial size of VII or better.
2. Insurance Types
a. Commercial General Liability Insurance or Governmental Self -
Insurance: Except for Governmental Self -Insurance, policies
must be endorsed to add "the state of Michigan, its
departments, divisions, agencies, offices, commissions,
officers, employees, and agents" as additional insureds using
endorsement CG 20 10 11 85, or both CG 2010 07 04 and CG
2037 07 04.
If the Grantee will interact with children, schools, or the
cognitively impaired, the Grantee must maintain appropriate
insurance coverage related to sexual abuse and molestation
liability.
b. Workers' Compensation Insurance or Governmental Self -
Insurance: Coverage according to applicable laws governing
work activities. Policies must include waiver of subrogation,
except where waiver is prohibited by law.
C. Employers Liability Insurance or Governmental Self -Insurance
d. Privacy and Security Liability (Cyber Liability) Insurance: cover
information security and privacy liability, privacy notification
costs, regulatory defense and penalties, and website media
content liability.
3. Require that subcontractors maintain the required insurances contained
in this Section.
4. This Section is not intended to and is not to be construed in any manner
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as waiving, restricting or limiting the liability of the Grantee from any
obligations under this Agreement.
5. Each Party must promptly notify the other Party of any knowledge
regarding an occurrence which the notifying Party reasonably believes
may result in a claim against either Party. The Parties must cooperate
with each other regarding such claim.
U. Fiscal Questionnaire
1. Complete and upload the yearly fiscal questionnaire to the EGrAMS
agency profile within three months of the start of the agreement.
2. The fiscal questionnaire template can be found in EGrAMS documents.
V. Criminal Background Check
1. Conduct or cause to be conducted a search that reveals information
similar or substantially similar to information found on an Internet
Criminal History Access Tool (ICHAT) check and a national and state
sex offender registry check for each new employee, employee,
subcontractor, subcontractor employee, or volunteer who under this
Agreement works directly with clients or has access to client
information.
a. ICHAT: http://apps.michigan.gov/ichat
b. Michigan Public Sex Offender Registry:
hftp://www.mipsor.state.mi.us
C. National Sex Offender Registry: http://www.nsopw.gov
2. Conduct or cause to be conducted a Central Registry (CR) check for
each employee, subcontractor, subcontractor employee, or volunteer
who, under this Agreement works directly with children.
a. Central Registry: https://www.michigan.gov/mdhhs/0,5885,7-
339-73971 7119 50648 48330-180331--,00.html
3. Require each new employee, employee, subcontractor, subcontractor
employee or volunteer who, under this Agreement, works directly with
clients or who has access to client information to notify the Grantee in
writing of criminal convictions (felony or misdemeanor), pending felony
charges, or placement on the Central Registry as a perpetrator, at hire or
within 10 days of the event after hiring.
4. Determine whether to prohibit any employee, subcontractor,
subcontractor employee, or volunteer from performing work directly with
clients or accessing client information related to clients under this
Agreement, based on the results of a positive ICHAT response or
reported criminal felony conviction or perpetrator identification.
5. Determine whether to prohibit any employee, subcontractor,
subcontractor employee or volunteer from performing work directly with
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children under this Agreement, based on the results of a positive CR
response or reported perpetrator identification.
6. Require any employee, subcontractor, subcontractor employee or
volunteer who may have access to any databases of information
maintained by the federal government that contain confidential or
personal information, including but not limited to federal tax information,
to have a fingerprint background check performed by the Michigan State
Police,
II. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
Agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Grantee.
B. Report Forms
Provide any report forms and reporting formats required by the Department at
the start date of this Agreement, and provide to the Grantee any new report
forms and reporting formats proposed for issuance thereafter at least 90 days
prior to their required usage in order to afford the Grantee an opportunity to
review.
C. Notification of Modifications
Notify the Grantee in writing of modifications to federal or state laws, rules and
regulations affecting this agreement.
D. Identification of Laws
Identify for the Grantee relevant laws, rules, regulations, policies, procedures,
guidelines and state and federal manuals, and provide the Grantee with copies
of these documents to the extent they are not otherwise available to the Grantee.
E. Modification of Funding
Notify the Grantee in writing within 30 calendar days of becoming aware of the
need for any modifications in agreement funding commitments made necessary
by action of the federal government, the governor, the legislature or the
Department of Technology Management and Budget on behalf of the governor
or the legislature. Implementation of the modifications will be determined jointly
by the Grantee and the Department.
F. Monitor Compliance
Monitor compliance with all applicable provisions contained in federal grant
awards and their attendant rules, regulations and requirements pertaining to
program elements covered by this agreement.
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G. Technical Assistance
Make technical assistance available to the Grantee for the implementation of
this agreement.
H. Accreditation
Adhere to the accreditation requirements including the process for "Not
Accredited" Grantees. The process includes developing and monitoring consent
agreements, issuing and monitoring administrative compliance orders,
participating in administrative hearings and petitioning appropriate circuit courts.
1. Medicaid Outreach Activities Reimbursement
Agrees to reimburse the Grantee for all allowable Medicaid Outreach activities
that meet the standards of the Medicaid Bulletin: MSA 05-29 including the cost
allocation plan certification and that are billed in accordance with the
requirements in Attachment I.
In accordance with the Medicaid Bulletin, MSA 05-29, the Department will
identify each fiscal year the Medicaid Outreach priorities and establish a
reporting requirement for the Grantee.
III. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Grantee will comply with applicable federal and state laws, guidelines,
rules and regulations in carrying out the terms of this Agreement. The Grantee
will also comply with all applicable general administrative requirements, such as
2 CFR 200, covering cost principles, grant/agreement principles and audits, in
carrying out the terms of this Agreement. The Grantee will comply with all
applicable requirements in the original grant awarded to the Department if the
Grantee is a subgrantee. The Department may determine that the Grantee has
not complied with applicable federal or state laws, guidelines, rules and
regulations in carrying out the terms of this Agreement and may then terminate
this Agreement under Part 2, Section V.
B. Anti -Lobbying Act
The Grantee will comply with the Anti -Lobbying Act (31 USC 1352) as revised
by the Lobbying Disclosure Act of 1995 (2 USC 1601 et seq.), Federal
Acquisition Regulations 52.203.11 and 52.203.12, and Section 503 of the
Departments of Labor, Health & Human Services and Education, and Related
Agencies section of the current FY Omnibus Consolidated Appropriations Act.
Further, the Grantee shall require that the language of this assurance be
included in the award documents of all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
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C. Non -Discrimination
1. The Grantee must comply with the Department's non-discrimination
statement: The Michigan Department of Health and Human Services will
not discriminate against any individual or group because of race, sex,
religion, age, national origin, color, height, weight, marital status, gender
identification or expression, sexual orientation, partisan considerations, or
a disability or genetic information that is unrelated to the person's ability
to perform the duties of a particular job or position. The Grantee further
agrees that every subcontract entered into for the performance of any
contract or purchase order resulting therefrom, will contain a provision
requiring non-discrimination in employment, activity delivery and access,
as herein specified, binding upon each subcontractor. This covenant is
required pursuant to the Elliot -Larsen Civil Rights Act (1976 PA 453, as
amended; MCL 37.2101 et seq.) and the Persons with Disabilities Civil
Rights Act (1976 PA 220, as amended; MCL 37.1101 et seq.), and any
breach thereof may be regarded as a material breach of this Agreement.
2. The Grantee will comply with all federal statutes relating to
nondiscrimination. These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination based on race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20
USC 1681-1683, 1685-1686), which prohibits discrimination
based on sex;
C. Section 504 of the Rehabilitation Act of 1973, as amended (29
USC 794), which prohibits discrimination based on disabilities;
d. The Age Discrimination Act of 1975, as amended (42 USC
6101-6107), which prohibits discrimination based on age;
e. The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),
as amended, relating to nondiscrimination based on drug
abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616) as
amended, relating to nondiscrimination based on alcohol abuse
or alcoholism;
g. Sections 523 and 527 of the Public Health Service Act of 1944
(42 USC 290dd-2), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
h. Any other nondiscrimination provisions in the specific statute(s)
under which application for federal assistance is being made;
and,
i. The requirements of any other nondiscrimination statute(s)
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which may apply to the application.
3. Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority -
owned and women- owned businesses, and businesses owned by
persons with disabilities in contract solicitations. The Grantee shall
include language in all contracts awarded under this Agreement which
(1) prohibits discrimination against minority -owned and women -owned
businesses and businesses owned by persons with disabilities in
subcontracting; and (2) makes discrimination a material breach of
contract.
D. Debarment and Suspension
The Grantee will comply with federal regulation 2 CFR 180 and certifies to the
best of its knowledge and belief that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or contractor;
2. Have not within a five-year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) or
private 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, tax evasion, receiving stolen property, making false claims,
or obstruction of justice;
3. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2;
4. Have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or
default; and
5. Have not committed an act of so serious or compelling a nature that it
affects the Grantee's present responsibilities.
E. Federal Requirement: Pro -Children Act
1. The Grantee will comply with the Pro -Children Act of 1994 (PL 103-227;
20 USC 6081, et seq.), which requires that smoking not be permitted in
any portion of any indoor facility owned or leased or contracted by and
used routinely or regularly for the provision of health, day care, early
childhood development activities, education or library activities to
children under the age of 18, if the activities are funded by federal
programs either directly or through state or local governments, by
federal grant, contract, loan or loan guarantee. The law also applies to
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children's activities that are provided in indoor facilities that are
constructed, operated, or maintained with such federal funds. The law
does not apply to children's activities provided in private residences;
portions of facilities used for inpatient drug or alcohol treatment; activity
providers whose sole source of applicable federal funds is Medicare or
Medicaid; or facilities where Women, Infants, and Children (WIC)
coupons are redeemed. Failure to comply with the provisions of the law
may result in the imposition of a civil monetary penalty of up to $1,000 for
each violation and/or the imposition of an administrative compliance order
on the responsible entity. The Grantee also assures that this language
will be included in any subawards which contain provisions for children's
activities.
2. The Grantee also assures, in addition to compliance with PL 103-227,
any activity or activity funded in whole or in part through this Agreement
will be delivered in a smoke -free facility or environment. Smoking shall not
be permitted anywhere in the facility, or those parts of the facility under
the control of the Grantee. If activities are delivered in facilities or areas
that are not under the control of the Grantee (e.g., a mall, restaurant
or private work site), the activities shall be smoke -free.
F. Hatch Act and Intergovernmental Personnel Act
The Grantee will comply with the Hatch Act (5 USC 1501-1508, 5 USC 7321-
7326), and the Intergovernmental Personnel Act of 1970 (PL 91-648) as
amended by Title VI of the Civil Service Reform Act of 1978 (PL 95-454). Federal
funds cannot be used for partisan political purposes of any kind by any person
or organization involved in the administration of federally assisted programs.
G. Employee Whistleblower Protections
The Grantee will comply with 41 USC 4712 and shall insert this clause in all
subcontracts.
H. Clean Air Act and Federal Water Pollution Control Act
The Grantee will comply with the Clean Air Act (42 USC 7401-7671(q)) and the
Federal Water Pollution Control Act (33 USC 1251-1387), as amended.
1. This Agreement and anyone working on this Agreement will be subject to
the Clean Air Act and Federal Water Pollution Control Act and must
comply with all applicable standards, orders or regulations issued
pursuant to these Acts. Violations must be reported to the Department.
1. Victims of Trafficking and Violence Protection Act
The Grantee will comply with the Victims of Trafficking and Violence Protection
Act of 2000 (PL 106-386), as amended.
1. This Agreement and anyone working on this Agreement will be subject
to PL 106-386 and must comply with all applicable standards, orders or
regulations issued pursuant to this Act. Violations must be reported to
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the Department.
J. Procurement of Recovered Materials
The Grantee will comply with section 6002 of the Solid Waste Disposal Act of
1966 (PL 89-272), as amended.
1. This Agreement and anyone working on this Agreement will be subject
to section 6002 of PL 89-272, as amended, and must comply with all
applicable standards, orders or regulations issued pursuant to this act.
Violations must be reported to the Department.
K. Subcontracts
For any subcontracted service, activity or product, the Grantee will ensure:
1. That a written subcontract is executed by all affected parties prior to the
initiation of any new subcontract activity. Exceptions to this policy may be
granted by the Department if the Grantee asks the Department in writing
within 30 days of execution of the Agreement.
2. That any executed subcontract to this Agreement shall require the
subcontractor to comply with all applicable terms and conditions of this
Agreement. In the event of a conflict between this Agreement and the
provisions of the subcontract, the provisions of this Agreement shall
prevail.
A conflict between this Agreement and a subcontract, however, shall not
be deemed to exist where the subcontract:
a. Contains additional non -conflicting provisions not set forth in
this Agreement;
b. Restates provisions of this Agreement to afford the Grantee the
same or substantially the same rights and privileges as the
Department; or
C. Requires the subcontractor to perform duties and services in
less time than that afforded the Grantee in this agreement.
3. That the subcontract does not affect the Grantee's accountability to the
Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source documentation
on costs and services.
5. That the Grantee will submit a copy of the executed subcontract if
requested by the Department.
6. That subcontracts in support of programs or elements utilizing funds
provided by the Department, the State of Michigan or the federal
government in excess of $10,000 shall contain provisions or conditions
that will:
a. Allow the Grantee or Department to seek administrative,
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contractual or legal remedies in instances in which the
subcontractor violates or breaches contract terms, and provide
for such remedial action as may be appropriate.
b. Provide for termination by the Grantee, including the manner by
which termination will be effected and the basis for settlement.
7. That all subcontracts in support of programs or elements utilizing funds
provided by the Department, the State of Michigan or the federal
government of amounts in excess of $100,000 shall contain a provision
that requires compliance with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act of 1970 (42 USC
1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive
Order 11738 and Environmental Protection Agency regulations (40 CFR
Part 15).
8. That all subcontracts and subgrants in support of programs or elements
utilizing funds provided by the Department, the State of Michigan or the
federal government in excess of $2,000 for construction or repair,
awarded by the Grantee shall include a provision:
a. For compliance with the Copeland "Anti -Kickback" Act (18 USC
874) as supplemented in Department of Labor regulations (29
CFR, Part 3).
b. For compliance with the Davis -Bacon Act (40 USC 276a to a-7)
and as supplemented by Department of Labor regulations (29
CFR, Part 5) (if required by Federal Program Legislation).
C. For compliance with Section 103 and 107 of the Contract Work
Hours and Safety Standards Act (40 USC 327-330) as
supplemented by Department of Labor regulations (29 CFR,
Part 5). This provision also applies to all other contracts in
excess of $2,500 that involve the employment of mechanics or
laborers.
L. Procurement
Grantee will ensure that all purchase transactions, whether negotiated or
advertised, shall be conducted openly and competitively in accordance with the
principles and requirements of Title 2 Code of Federal Regulations, Part
200. Funding from this agreement shall not be used for the purchase of foreign
goods or services or both. Records shall be sufficient to document the significant
history of all purchases are maintained for a minimum of three years after the
end of the agreement period.
M. Health Insurance Portability and Accountability Act
To the extent that the Health Insurance Portability and Accountability Act
(HIPAA) is applicable to the Grantee under this Agreement, the Grantee
assures that it is in compliance with requirements of HIPAA including the
following:
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1. The Grantee must not share any protected health information provided
by the Department that is covered by HIPAA except as permitted or
required by applicable law; or to a subcontractor as appropriate under
this Agreement.
2. The Grantee will ensure that any subcontractor will have the same
obligations as the Grantee not to share any protected health data and
information from the Department that falls under HIPAA requirements in
the terms and conditions of the subcontract.
3. The Grantee must only use the protected health data and information for
the purposes of this Agreement.
4. The Grantee must have written policies and procedures addressing the
use of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable
federal and state requirements including the HIPAA regulations. These
policies and procedures must include restricting access to the protected
health data and information by the Grantee's employees.
5. The Grantee must have a policy and procedure to immediately report to
the Department any suspected or confirmed unauthorized use or
disclosure of protected health information that falls under the HIPAA
requirements of which the Grantee becomes aware. The Grantee will
work with the Department to mitigate the breach and will provide
assurances to the Department of corrective actions to prevent further
unauthorized uses or disclosures. The Department may demand
specific corrective actions and assurances and the Grantee must
provide the same to the Department.
6. Failure to comply with any of these contractual requirements may result
in the termination of this Agreement in accordance with Part 2, Section V.
7. In accordance with HIPAA requirements, the Grantee is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information, including without limitation the
Department's costs in responding to a breach, received by the Grantee
from the Department or any other source.
8. The Grantee will enter into a business associate agreement should the
Department determine such an agreement is required under HIPAA.
N. Home Health Services
If the Grantee provides Home Health Services (as defined in Medicare Part B),
the following requirements apply:
1. The Grantee shall not use State ELPHS or categorical grant funds
provided under this agreement to unfairly compete for home health
services available from private providers of the same type of services in
the Grantee's service area.
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2. For purposes of this agreement, the term "unfair competition" shall be
defined as offering of home health services at fees substantially less
than those generally charged by private providers of the same type of
services in the Grantee's area, except as allowed under Medicare
customary charge regulations involving sliding fee scale discounts for
low-income clients based upon their ability to pay.
3. If the Department finds that the Grantee is not in compliance with its
assurance not to use state ELPHS and categorical grant funds to
unfairly compete, the Department shall follow the procedure required for
failure by local health departments to adequately provide required
services set forth in Sections 2497 and 2498 of 1978 PA 368 as
amended (Public Health Code), MCL 333.2497 and 2498, MSA 14.15
(2497) and (2498).
O. Website Incorporation
The Department is not bound by any content on Grantee's website unless
expressly incorporated directly into this Agreement. The Department is not
bound by any end user license agreement or terms of use unless specifically
incorporated in this Agreement or any other agreement signed by the
Department. The Grantee may not refer to the Department on the Grantee's
website without the prior written approval of the Department.
P. Survival
The provisions of this Agreement that impose continuing obligations will survive
the expiration or termination of this Agreement.
Q. Non -Disclosure of Confidential Information
1. The Grantee agrees that it will use confidential information solely for the
purpose of this Agreement. The Grantee agrees to hold all confidential
information in strict confidence and not to copy, reproduce, sell, transfer
or otherwise dispose of, give or disclose such confidential information to
third parties other than employees, agents, or subcontractors of a party
who have a need to know in connection with this Agreement or to use
such confidential information for any purpose whatsoever other than the
performance of this Agreement. The Grantee must take all reasonable
precautions to safeguard the confidential information. These
precautions must be at least as great as the precautions the Grantee
takes to protect its own confidential or proprietary information.
2. Meaning of Confidential Information
For the purpose of this Agreement the term "confidential information"
means all information and documentation that:
a. Has been marked "confidential" or with words of similar
meaning, at the time of disclosure by such party;
b. If disclosed orally or not marked "confidential" or with words of
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similar meaning, was subsequently summarized in writing by the
disclosing party and marked "confidential" or with words of similar
meaning;
C. Should reasonably be recognized as confidential information of
the disclosing party;
d. Is unpublished or not available to the general public; or
e. Is designated by law as confidential.
3. The term "confidential information" does not include any information or
documentation that was:
a. Subject to disclosure under the Michigan Freedom of
Information Act (FOIA);
b. Already in the possession of the receiving party without an
obligation of confidentiality;
C. Developed independently by the receiving party, as
demonstrated by the receiving party, without violating the
disclosing party's proprietary rights;
d. Obtained from a source other than the disclosing party without
an obligation of confidentiality; or
e. Publicly available when received or thereafter became publicly
available (other than through an unauthorized disclosure by,
through or on behalf of, the receiving party).
4. The Grantee must notify the Department within one business day after
discovering any unauthorized use or disclosure of Confidential
Information. The Grantee will cooperate with the Department in every
way possible to regain possession of the Confidential Information and
prevent further unauthorized use or disclosure.
R. Cap on Salaries
None of the funds awarded to the Grantee through this Agreement shall be
used to pay, either through a grant or other external mechanism, the salary of
an individual at a rate in excess of Executive Level II. The current rates of pay
for the Executive Schedule are located on the United States Office of
Personnel Management web site, http://www.opm.gov, by navigating to Policy
— Pay & Leave — Salaries & Wages. The salary rate limitation does not restrict
the salary that a Grantee may pay an individual under its employment; rather, it
merely limits the portion of that salary that may be paid with funds from this
Agreement.
IV. Financial Requirements
A. Operating Advance
Under the pre -payment reimbursement method, no additional operating
advances will be issued.
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B. Payment Method
1. Prepayments
a. The Department will make monthly prepayments equal to
1/12th of the agreement amount for each non -fee -for -service
program contained in Attachment IV of this agreement. One
single payment covering all non -fee -for -service programs will
be made within the first week of each month. The Grantee
can view their monthly prepayment within the MI E-Grants
system.
b. Prepayments for the months of October thru January will be
based upon the initial agreement amounts in Attachment IV.
Subsequent monthly prepayments may be adjusted based upon
agreement amendments or Grantee adjustment requests.
C. If the sum of the prepayments does not equal at least 90% of
the Grantee's expenditures for a quarter of the contract period,
the Grantee may submit documentation for an adjustment to the
monthly prepayment amount via the following process:
i. Submit a written request for the adjustment to the
Department's Accounting Division, Expenditure Operations
Section.
ii. The adjustment request must be itemized by program and
must list the amount received from the Department, the
expenditure amount reported per the quarterly Financial
Status Report (FSR), and the difference. The amount
received from the Department and the expenditures must
be for the same reporting quarterly FSR period.
iii. The Department will review the requests and if an
adjustment is approved, it will be included in the next
scheduled monthly prepayment.
iv. Adjustment requests will not be accepted prior to
submission of the FSR for the quarter ending December
31. No adjustments will be made prior to the February
monthly prepayment.
v. The ability of the Department to approve adjustments may
be limited by the quarterly allotments of spending authority
in the Department's appropriation account mandated by
the Office of the State Budget Director. The quarterly
allotment limits the amount of each account (program) that
the Department may expend during each fiscal quarter.
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2. Fixed Fee Reimbursement
a. Quarterly reimbursement for fixed fee projects is based on
Attachment IV and approved quarterly Financial Status Reports.
C. Financial Status Report Submission
1. A Financial Status Report (FSR) must be submitted on a quarterly basis
no later than 30 days after the close of the calendar quarter for all
programs listed on Attachment IV and fee for services project budgeted.
Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
2. FSR's must report total actual program expenditures regardless of the
source of funds. The Department will reimburse the Grantee for
expenditures in accordance with the terms and conditions of this
agreement. Failure to comply with the reporting due dates will result in
the deferral of the Grantee's monthly prepayment.
3. By submitting the FSR the individual is certifying to the best of their
knowledge and belief that the report is true, complete and accurate and
the expenditures, disbursements, and cash receipts are for the
purposes and objectives set forth in the terms and conditions of this
agreement. The individual submitting the FSR should be aware that
any false, fictitious, or fraudulent information, or the omission of any
material facts, may subject them to criminal, civil or administrative
penalties for fraud, false statements, false claims or otherwise.
4. The instructions for completing the FSR form are available on the
website http:#egrams-mi.com/dch. Send FSR questions to
FSRMDHHS@michigan.gov.
D, Reimbursement Method
The Grantee will be reimbursed in accordance with the reimbursement
methods for applicable program elements described as follows:
Performance Reimbursement - A reimbursement method by which
Grantees are reimbursed based upon the understanding that a certain
level of performance (measured by outputs) must be met in order to
receive full reimbursement of costs (net of program income and other
earmarked sources) up to the contracted amount of state funds. Any
local funds used to support program elements operated under such
provisions of this agreement may be transferred by the Grantee within,
among, to or from the affected elements without Department approval,
subject to applicable provisions of Sections 3.B. and 3.C.3 of Part I and
Section XIV of Part Il. If Grantee's performance falls short of the
expectation by a factor greater than the allowed minimum performance
percentage, the state maximum allocation will be reduced equivalent to
actual performance in relation to the minimum performance.
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2. Actual Cost Reimbursement - A reimbursement method by which
Grantees are reimbursed based upon the understanding that state
dollars will be paid up to total costs in relation to the state's share of the
total costs and up to the total state allocation as agreed to in the
approved budget. This reimbursement approach is not directly
dependent upon whether a specified level of performance is met by the
local health department. Department funding under this
reimbursement method is allocable as a source before any local
funding requirement unless a specific local match condition exists.
3. Fixed Unit Rate Reimbursement - A reimbursement method by which
Grantee are reimbursed a specific amount for each output actually
delivered and reported.
4. Essential Local Public Health Services (ELPHS) - A reimbursement
method by which Grantees are reimbursed a share of reasonable and
allowable costs incurred for required services, as noted in the current
Appropriations Act.
E. Reimbursement Mechanism
All Grantees must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits. Vendor registration information is available through the
Department of Technology, Management and Budget's web site:
hftp://www.michigan.gov/sigmayss
F. Unobligated Funds
Any unobligated balance of funds held by the Grantee at the end of the
agreement period will be returned to the Department or treated in accordance
with instructions provided by the Department.
G. Final Obligation Reporting Requirements
An Obligation Report, based on annual guidelines, must be submitted by the due
date using the format provided by the Department through MI E-Grants. The
Grantee must provide, by program, an estimate of total expenditures for the
entire agreement period (October 1 through September 30). This report must
represent the Grantee's best estimate of total program expenditures for the
agreement period. The information on the report will be used to record the
Department's year-end accounts payables and receivables by program for this
Agreement. The report assists the Department in reserving sufficient funding to
reimburse the final expenditures that will be reported on the Final FSR without
materially overstating or understating the year-end obligations for this
agreement. The Department compares the total estimated expenditures from
this report to the total amount reimbursed to the Grantee in the monthly
prepayments and quarterly fee -for -service payments to establish accounts
payable and accounts receivable entries at fiscal year-end. The Department
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recognizes that based upon payment adjustments and timing of agreement
amendments, the Grantee may owe the Department funding for overpayment of
a program and may be due funds from the Department for underpayment of a
program at fiscal year-end.
Within 60 days after the agreement fiscal year-end, the Grantee must liquidate
any unpaid year-end commitments and obligations. Any obligation remaining
unliquidated after 60 days from the end of the agreement period shall revert to
the Department for disposition in accordance with applicable state and/or
federal requirements, except as specifically authorized in writing by the
Department.
H. Final Financial Status Reporting Requirements
Final FSRs are due on the following dates following the agreement period
end date:
Project Final FSR Due Date
Public Health Emergency Preparedness 11/15/2020
All Remaining Projects 11/30/2020
Upon receipt of the final FSR electronically through MI E-Grants, the
Department will determine by program, if funds are owed to the Grantee or if the
Grantee owes funds to the Department. If funds are owed to the Grantee,
payment will be processed. However, if the Grantee underestimated their year-
end obligations in the Obligation Report as compared to the final FSR and the
total reimbursement requested does not exceed the agreement amount that is
due to the Grantee, the Department will make every effort to process full
reimbursement to the Grantee per the final FSR. Final payment may be delayed
pending final disposition of the Department's year-end obligations.
If funds are owed to the Department, it will generally not be necessary for
Grantee to send in a payment. Instead the Department will make the necessary
entries to offset other payments and as a result the Grantee will receive a net
monthly prepayment. When this does occur, clarifying documentation will be
provided to the Grantee by the Department's Accounting Division,
I. Penalties for Reporting Noncompliance
For failure to submit the final total Grantee FSR report by November 30, through
MI E-Grants after the agreement period end date, the Grantee may be penalized
with a one-time reduction in their current ELPHS allocation for noncompliance
with the fiscal year-end reporting deadlines. Any penalty funds will be reallocated
to other Local Health Department Grantees. Reductions will be one-time only
and will not carryforward to the next fiscal year as an ongoing reduction to a
Grantee's ELPHS allocation. Penalties will be assessed based upon the
submitted date in MI E-Grants:
ELPHS Penalties for Noncompliance with Reporting Requirements:
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1. 1 % - 1 day to 30 days late;
2. 2% - 31 days to 60 days late;
3. 3% - over 60 days late with a maximum of 3% reduction in the
Grantee's ELPHS allocation.
J. indirect Costs and Cost Allocations/Distribution Plans
The Grantee is allowed to use approved federal indirect rate, 10% de minimis
indirect rate or cost allocation/distribution plans in their budget calculations.
1. Costs must be consistently charged as indirect, direct or cost allocated,
but may not be double charged or inconsistently charged.
2. If the Grantee does not have an existing approved 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.
3. Grantees using the cost allocation/distribution method must develop
certified plan in accordance with the requirements described in Title 2
CFR, Part 200 which includes detailed budget narratives and is retained
by the Grantee and subject to Department review.
4. There must be a documented, well-defined rationale and audit trail for
any cost distribution or allocation based upon Title 2 CFR, Part 200
Cost Principles and subject to Department review.
V. Agreement Termination
This Agreement may be terminated without further liability or penalty to the Department
for any of the following reasons:
A. By either party by giving 30 days written notice to the other party stating the
reasons for termination and the effective date.
B. By either party with 30 days written notice upon the failure of either party to
carry out the terms and conditions of this Agreement, provided the alleged
defaulting party is given notice of the alleged breach and fails to cure the
default within the 30-day period.
C. Immediately if the Grantee or an official of the Grantee or an owner is
convicted of any activity referenced in Part 2 Section ill. D. of this Agreement
during the term of this Agreement or any extension thereof.
Further, this Agreement may be terminated or modified immediately upon a finding by
the Department in accordance with MCL 333.2235 that the Grantee local health
department for the delivery of public health services under this Agreement is unable or
unwilling to provide any or all of the services as provided in this Agreement, and the
Department may redirect funds as necessary to ensure that the public health services
are provided within the Grantee's jurisdiction.
VI. Stop Work Order
The Department may suspend any or all activities under this Agreement at any time.
The Department will provide the Grantee with a written stop work order detailing the
suspension. Grantee must comply with the stop work order upon receipt. The
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Department will not pay for activities, Grantee's incurred expenses or financial losses,
or any additional compensation during a stop work period.
VII. Final Reporting upon Termination
Should this Agreement be terminated by either party, within 30 days after the
termination, the Grantee shall provide the Department with all financial, performance
and other reports required as a condition of this Agreement. The Department will make
payments to the Grantee for allowable reimbursable costs not covered by previous
payments or other state or federal programs. The Grantee shall immediately refund to
the Department any funds not authorized for use and any payments or funds advanced
to the Grantee in excess of allowable reimbursable expenditures.
VIII. Severability
If any part of this Agreement is held invalid or unenforceable by any court of competent
jurisdiction, that part will be deemed deleted from this Agreement and the severed part
will be replaced by agreed upon language that achieves the same or similar objectives.
The remaining parts of the Agreement will continue in full force and effect.
IX. Amendments
A. Except as otherwise provided, any changes to this agreement will be valid only if
made in writing and accepted by all parties to this agreement.
In the event that circumstances occur that are not reasonably foreseeable, or are
beyond the Grantee's or Department's control, which reduce or otherwise interfere with
the Grantee's or Department's ability to provide or maintain specified services or
operational procedures, immediate written notification must be provided to the other
party. Any change proposed by the Grantee which would affect the state funding of any
project, in whole or in part as provided in Part I, Section 3.C. of the agreement, must be
submitted in writing to the Department for approval immediately upon determining the
need for such change. The proposed change may be implemented upon receipt of
written notification from the Department.
B. Except as otherwise provided, amendments to this agreement shall be made within
thirty days after receipt and approval of a change proposed by the Grantee.
Amendments of a routine nature including applicable changes in budget categories,
modified indirect rates, and similar conditions which do not modify the agreement
scope, amount of funding to be provided by the Department or, the total amount of
the budget may be submitted by the Grantee at any time prior to May 15. The
Department will provide a written response within 30 calendar days.
All amendments must be submitted to the Department within three weeks of receipt
through MI E-Grants to assure the amendment can be executed prior to the end of the
agreement period.
1. Any change proposed by the Grantee which would affect the state
funding of any element funded in whole or in part by funds provided by
the Department, subject to Part I, Section 3.C, of the agreement, must be
submitted in writing to the Department immediately upon determining
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the need for such change. The proposed change may be implemented
upon receipt of written notification from the Department.
Within thirty (30) days after receipt of the proposed change, the
Department shall advise the Grantee in writing of its determination.
Subsequently the Department will initiate any necessary formal
amendment to the agreement for execution by all parties to the
agreement.
Any changes proposed by the Department must be agreed to in writing
by the Grantee and upon such written agreement, the Department shall
initiate any necessary formal amendment as above.
2. Other amendments of a routine nature including applicable changes in
budget categories, modified indirect rates, and similar conditions which
do not modify the agreement scope, amount of funding to be provided by
the Department or, the total amount of the budget may be submitted by
the Grantee at any time prior to June 2. The Department will provide a
written response within 30 calendar days.
All amendments must be submitted to the Department by June 15 through
MI E-Grants to assure the amendment can be executed prior to the end
of the agreement period.
X. Liability
The Grantee assumes all liability to third parties, loss, or damage as a result of claims,
demands, costs, or judgments arising out of activities, such as direct activity delivery, to
be carried out by the Grantee in the performance of this agreement, under the following
conditions:
A. The liability, loss, or damage is caused by, or arises out of, the actions of or
failure to act on the part of the Grantee, any of its subcontractors, or anyone
directly or indirectly employed by the Grantee.
B. Nothing herein shall be construed as a waiver of any governmental immunity
that has been provided to the Grantee or its employees by statue or court
decisions.
The Department is not liable for consequential, incidental, indirect or special damages,
regardless of the nature of the action.
XI. Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver.
Any clause or condition of this agreement found to be an impediment to the intended
and effective operation of this agreement may be waived in writing by the Department
or the Grantee, upon presentation of written justification by the requesting party. Such
waiver may be temporary or for the life of the agreement and may affect any or all
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program elements covered by this agreement.
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XII. State of Michigan Agreement
This is a state of Michigan Agreement and must be exclusively governed by the laws
and construed by the laws of Michigan, excluding Michigan's choice -of -law principle. All
claims related to or arising out of this Agreement, or its breach, whether sounding in
contract, tort, or otherwise, must likewise be governed exclusively by the laws of
Michigan, excluding Michigan's choice -of -law principles. Any dispute as a result of this
Agreement shall be resolved in the state of Michigan.
XIII. Funding
A. State funding for this agreement shall be provided from the applicable and
available Department appropriations for the current fiscal year. The
Department provided funds shall be as stated in the approved Annual Budget -
Attachment I instructions for the Annual Budget, Attachment III, Program
Specific Assurances and Requirements, and as outlined in Attachment IV,
Funding/Reimbursement Matrix.
B. The funding provided through the Department for this agreement shall not
exceed the amount shown for each federal and state categorical program
element except as adjusted by amendment. The Grantee must advise the
Department in writing by May 1, if the amount of Department funding may not be
used in its entirety or appears to be insufficient for any program element.
ELPHS transfer requests between MDHHS, MDARD and MDEQ must also be
requested in writing by May 1. All ELPHS required services must be
maintained throughout the entire period of the agreement.
C. The Department may periodically redistribute funds between agencies during
the agreement period in order to ensure that funds are expended to meet the
varying needs for services.
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Resolution #21015 January 21, 2021
Moved by Gingell seconded by Nelson the resolutions on the Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowa((, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
Moved by Gingell seconded by Kowall MR #21002 be amended as follows:
Add the following Commissioners as co-sponsors of the resolution:
Bob Hoffman, District #2; Adam Kochenderfer, District #15; Eileen Kowall, District #6;
Thomas Kuhn, District#12; Christine Long, District#7; Gary McGillivray, District#20; Chuck
Moss, District #12; Philip Weipert, District #8; Charlie Cavell, District #18; Yolanda Charles,
District #17; Janet Jackson, District #21; Karen Joliat, District #4; Penny Luebs, District #16;
Gwen Markham, District #9; William Miller, District #14; Kristen Nelson, District #5; Angela
Powell, District #10
Discussion followed.
A sufficient majority having voted in favor the amendment carried.
",a
I HEREBY APPROVE THIS Fir9QLU i ION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING pUHSUANTTO MCL.45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 21,
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 21s' day of January, 2021.
Lisa Brown, Oakland County