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HomeMy WebLinkAboutResolutions - 2021.09.29 - 34891BOARD OF COMMISSIONERS September 29, 2021 MISCELLANEOUS RESOLUTION 421-376 Sponsored By: Penny Luebs 1N RE: Fiscal Year 2022 Emerging Threats Local Health Department Funds Chairperson and Members of the Board: WHEREAS the Michigan Department of Health and Human Services (MDHFIS) has awarded funding to the Oakland County Health Division through the Fiscal Year (FY) 2022 Emerging Threats Local Health Department Agreement for the period October 1, 2021 through September 30, 2022 in the amount of $9,502,413 to support response to COVID-19, including vaccination, contact tracing, case investigation, violation monitoring, and modernization and expansion of regional laboratory testing and response capabilities; and WHEREAS MDHIIS is requiring the Board Chairperson's execution of the grant acceptance agreement prior to October 1, 2021 for Oakland County to be eligible for reimbursement of incurred expenses; and WHEREAS the very limited time provided by MDHHS for grant recipients to review and authorize acceptance is not sufficient to conduct a full grant review in accordance with county policies and procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Chairperson to execute the grant agreement for the Fiscal Year 2022 Local Health Department (Comprehensive) Agreement effective on October 1, 2021. BE IT FURTHER RESOLVED that authorization to execute the grant agreement is a preliminary approval of the grant acceptance, final approval of the grant acceptance is contingent upon conformance with the Oakland County Grant Application and Acceptance Procedures, including review by appropriate departments and adoption of a resolution, including budget amendment, by the Board of Commissioners. BE IT FURTHER RESOLVED that preliminary acceptance of this grant does not obligate the county to any future commitment and continuation of the program is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that no budget amendment is required with this preliminary acceptance as a budget amendment will be incorporated into the final grant acceptance resolution. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. , au Date: October 05, 2021 Hilarie Chambers, Deputy County Executive 11 Date: October 07, 2021 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-09-14 Public Health & Safety - Recommend and forward to Finance 2021-09-15 Finance - Recommend to Board 2021-09-29 Full Board VOTE TRACKING Motioned by Commissioner Yolanda Smith Charles seconded by Conunissioner Penny Luebs to adopt the attached Grant Acceptance: Fiscal Year 2022 Emerging Threats Local Health Department Funds. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller 111, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman (20) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS 1. Grant Acceptance Review Sign -Off 2. FY2022 Emerging Threats LHD Draft Agreement 8-27-24 U11110iii 4. Att III 5. Att IV 6. Att V 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 September 29, 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 on Wednesday, September 29, 2021. Lisa Brown, Oakland Countv Clerk /Register of Deeds From: 5onkass, Lynn C To: Keves-Bowie Tifannv B: Smith, Stacey; Lewis Raquel; Nelson Jawun; Stafford. I eoh-Anne: Cnrnnrate Counsel; Mason Heather I : MrBronm. Diana E - Erlenheck Robert Carl Cc: Adoaln-nines Fhru: Andrews Michael B• COnforn, Holly M; Elarabiv, Kim K; G,�zzy. Scott N; Holdsworth, William Q; Jen Kvle Isaac; Joss. Edward P; Matthews Hailev; Powers. Andrea Sanrha7 Krishna L Shin, Julie; Snover, AarQ0_G,; Srocii, ConnieL; Stolzenfeld Tracy Mane; Stnnofellow IoAnn: Ward Chris; Winter Barbara; Worthinomn. Pamela I : zhou, Jennv Subject: RE: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Preliminary Acceptance (Greater than $250,000) URGENT Date: Tuesday, August 31, 2021 12:15:03 PM Approved by M & B — 8/31/2021. The resolution should be clarified as to how the budget will be amended once the final documents are received from the State of Michigan for this grant. Lynn Sonkiss Fiscal Services Officer Oakland County, Michigan Phone 248.858.0940 Fax 248.858.9724 sonkissl a nakeov cnm From: Keyes -Bowie, Tifanny B <keyesbowiet@oakgov.com> Sent: Friday, August 27, 2021 12:26 PM To: Smith, Stacey <smithsd@oakgov.com>; Lewis, Raquel <lewisra@oakgov.com>; Nelson, Jawun <neisonjaw@oakgov.com> Stafford, Leigh -Anne <staffordl@oakgcv.com>; Corporate Counsel <corpcounsel@oakgov.com>; Mason, Heather L <masonh@oakgov.com>; McBroom, Diana E. <mcbroomd@oakgov.com>; Erlenbeck, Robert Carl <erlenbeckr@oakgov.com>; Sonkiss, Lynn C <son kiss) @ oakgov.com> Cc: Adoglu-Jones, Ebru <adoglu-jonese@oakgov.com>; Andrews, Michael B <andrewsmb@oakgov.com>; Conforti, Holly M <confortih@oakgov.com>; Elgrably, Kim K <elgrablyk@oakgov.com>; Guzzy, Scott N <guzzys@oakgov.com>; Holdsworth, William A <holdswortha@oakgov.com>; Jen, Kyle Isaac <jenk@oakgov.com>; Joss, Edward P <josse@oakgov.com> Keyes -Bowie, Tifanny B <keyesbowiet@oakgov.com>; Matthews, Hailey <matthewshd@oakgov.com>; Powers, Andrea <powersa@oakgov.com> Sanchez, Kristina L <sanchezk@oakgov.com>; Shih, Julie <shihj@oakgov.com>; Snover, Aaron G. <snovera@oakgov.com>; Srogi, Connie L <srogic@oakgov.com>; Stolzenfeld, Tracy Marie <stolzenfeldt@oakgov.com>; Stringfellow, JoAnn <stringfellowj@oakgov.com>; Ward, Chris <wardcc@oakgov.com>; Winter, Barbara <winterb@oakgov.com>; Worthington, Pamela L <worthingtonp@oakgov.com>; Zhou, Jenny <zhouj@oakgov.com> Subject: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Preliminary Acceptance (Greater than $250,000) URGENT Please Note: Miscellaneous Resolution is subject to review by Human Resources and Fiscal Services for personnel changes and/or budget amendment. GRANT REGIEW FORM From: Mason Haather L To; Keves-Bowie Tfannv B Smith, Stacey; Lewis Raquel; Nelson. Jawun; Staffnrd Leinh-Anne' Cornorate Counsei- MrBrnam. Diana F : Erlenheck Roherr Carl: Sonkiss Lynn C Cc: Adoalu-longs Firm Andrew, Michael B: Confor i Hnlly M, Elorably_Kim K; Guzzv Scott N; Hold,wnrth William A; Jen Kyle Isaac; Joss. Edward P; Matthews Hair; Powers Andrea; Sanchez. Krishna I : Shlh li ; Snover, Aaron ; 9ogi Connie L; Stnbenfeld Trary Mane: Stringfellow I Ann; Ward Ch I ; Winter Barbara; Worthmntnn Pamela i ; 7ho nnV Subject: RE: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Prel mmary Acceptance (Greater than $250,000) URGENT Date: Friday, August 27, 2021 1.26:35 PM Approved by Human Resources. FIR action not needed. Position implications will be addressed in the subsequent final agreement. Heather L. Mason Supervisor Human Resources Oakland County f iunnan P.esources L. Brooks Patterson Building - 2100 Pontiac Lake Road, Waterford MI 48328 P248.858,2581 1 C: 248.568.2738 1 E 248 975 9742 I lviKLV J,91f:'Ql' ! Rrn lw hr Schedule: le: M,W,F crisite. T, Th remote. From: Keyes -Bowie, Tifanny B <keyesbowiet@oal<gov.com> Sent: Friday, August 27, 2021 12:26 PM To: Smith, Stacey <smithsd@oakgov.com>; Lewis, Raquel <lewisra@oakgov.com>; Nelson, Jawun <nelsonjaw@oakgov.com>; Stafford, Leigh -Anne <staffordl@oakgov.com>; Corporate Counsel <corpcounsel@oakgov.com>; Mason, Heather L <masonh@oakgov.com>; McBroom, Diana E. <mcbroomd@oakgov.com>; Erlenbeck, Robert Carl <erlenbeckr@oakgov.com>; Sonkiss, Lynn C <sonkissl@oakgov com> Cc: Adoglu Jones, Ebru <adogiu-jonese@oakgov.com>; Andrews, Michael B <andrewsmb@oakgov com>; Conforti, Holly M <confortih@oakgov.com>; Elgrably, Kim K <elgrablyk@oakgov com>; Guzzy, Scott N <guzzys@oakgov.com>; Holdsworth, William A <holdswortha@oakgov.com>; Jen, Kyle Isaac <jenk@oakgov.com>, Joss, Edward P <josse@oakgov.com>' Keyes -Bowie, Tfanny B <keyesbowiet@oakgov.com>, Matthews, Halley <matthewshd@oakgov.com>; Powers, Andrea <powersa@oakgov.com>; Sanchez, Kristina L <sanchezk@oakgov.com>; Shih, Julie <shihj@oakgov.com>; Snover, Aaron G. <snovera@oakgov.com>, Srogi, Connie L <srogic@oakgov com>; Stolzenfeld, Tracy Marie <stolzenfeldt@oakgov.com>, Stringfellow, JoAnn <stringfellowj@oakgov.com>; Ward, Chris <wardcc@oakgov.com>; Winter, Barbara <winterb@oakgov.com>; Worthington, Pamela L <worth i ngton p@ oa kgov.com>; Zhou, Jenny �zhouj@oakgov.com> Subject: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Preliminary Acceptance (Greater than $250,000) URGENT Please Note: Miscellaneous Resolution is subject to review by Human Resources and Fiscal Services for personnel changes and/or budget amendment. From: Erlenherk. Robert Ca, I To: Keves-Rnwie- Tfannv R Smith, Stacey, Lewis Raquel; Nelson Jawun; Staffnrd I einh-Anne; Corporate Counsel; Mason Heather L - MrRroem Diana F Sonkiss Lynn C Cc: Adnalu-loner Ebne Andrews Michael B: Confnrn Holly W Elarably. Kim K; Guuv Scott N; Holdsworth Witham A, Jeri, Kyle Isaac; Joss Edward P; Matthews. Halley: Powers Andrea; Sanchez Krishna I : Sbb, Juli Shover, A r n ; Sroai Connie L; Stolzenfeld. Tracy Mane: Strinafelinw, JnAnn: Ward, Chris; Winter. Barbara; Wnrthinaton Pamela I : Lhgu Jenny Subject: RE: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Preliminary Acceptance (Greater than $250,000) URGENT Date: Friday, August 27, 2021 1:08:49 PM Approved by Risk Management, agreement allows governmental self-insurance. R.E 8/27/2021. Robert Lrlenbeck, Insurance Risk Administrator Risk Management Office: 248-858-1694 Cell 248-421-9121 Office schedule Monday through Thursday 7 00 to S.00 From: Keyes -Bowie, Tifanny B <keyesbowiet@oakgov com> Sent: Friday, August 27, 2021 12:26 PM To: Smith, Stacey <smithsd@oakgov.com>; Lewis, Raquel <lewisra@oakgov com>; Nelson, Jawun <nelsonjaw@oakgov.com>; Stafford, Leigh -Anne <staffordI@oakgov.com>; Corporate Counsel <corpcounsel@oakgov.com>; Mason, Heather L <masonh@oakgov.com>, McBroom, Diana E. <mcbroomd@oakgov,com>, Erlenbeck, Robert Carl <erlenbeckr@oakgov.com>; Sonkiss, Lynn C <sonkissl @oakgov.com> Cc: Adoglu-Jones, Ebru <adoglu-jonese@oakgov.com>, Andrews, Michael B <andrewsmb@oakgov.com>, Conforti, Holly M <confortih@oakgov.com>; Elgrably, Kim K <elgrablyk@oakgov com>, Guzzy, Scott N <guzzys@oakgov com>, Holdsworth, William A <holdswortha@oakgov.com>; Jen, Kyle Isaac <jenk@oakgov.com>, Joss, Edward P <josse@oakgov.com>; Keyes -Bowie, Tifanny B <keyesbowiet@oakgov.cori Matthews, Halley <matthewshd@oakgov.com>; Powers, Andrea <powersa@oal<gov.com>, Sanchez, Kristina L <sanchezk@oakgov.com>; Shih, Julie <shihj@oakgov com>; Snover, Aaron G. <snovera@oakgov.com>; Srogi, Connie L <srogic@oakgov.com>; Stolzenfeld, Tracy Marie <stolzenfeldt@oakgov.com>; Stringfellow, JoAnn <stringfellowJ@oakgov.com>; Ward, Chris <wardcc@oakgov.com>; Winter, Barbara <winterb@oal<gov.com>; Worthington, Pamela L <worthIngtonp@oal<gov.com>; Zhou, Jenny <zhouj@oakgov.corn> Subject: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Preliminary Acceptance (Greater than $250,000) URGENT Please Note: Miscellaneous Resolution is subject to review by Human Resources and Fiscal Services for personnel changes and/or budget amendment. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS— Lynn Sonkiss — Heather Mason — Diana McBroom —Sharon Cullen From: Kessler. sharon Barnes To: Keves-Bowie- Tifannv B Smith Stacey, Lewis Rdouel; Nelson Jawun; Stafford Leloh-Anne; Comnrate Counsel; Mason. Heather I : McBmnm Diana F . Erlenberk Rnhert Carl: Sonkiss Lynn C Cc: Adoolu-Jonas. Fhru: Andrews Michael R: Confnrn Holly W Figrahiv. Kim K; Guzzy, Scott N; Holdswolth, William 9; Jen Kyle Isaac; Joss. Edward P; Matthews. Hadpv: Powers Andrea; Sanchez. Knshna I : Shi i v r Aaron ; 5rogi Connie L; 5_t2Iveafa1d Ira" Mane; Stringfellow JOAnn, Ward Chris; Winter, Barbara; Worthinnton Pamela I t Zhou. Jenny Subject: RE: GRANT REVIEW FORM: Health & Human Services/Health Division- FY 2022 Emerging Threats - Local Health Department Agreement -Preliminary Acceptance (Greater than $250,000) URGENT Date: Tuesday, August 31, 2021 8:17.24 AM It appears as though the state modified its boilerplate grant agreement, as the addendum language/numbering doesn't match the agreement (on page 1 of the addendum it should be I. Responsibilities— Grantee (rather than Contractor); on page 2 HIPAA should be M (rather than 1); and also on page 2 Liability should be X (rather than IX)). Stacey stated she would reach out to the State to see if they can update their addendum when they provide us with the final agreement. Also, my understanding is that MDHHS is typically not open to modifying their boilerplate. I did flag a number of provisions (see below); however, if the department does not have any compliance concerns and is okay with those provisions, I have no further legal issues with the grant agreement and it is approved. 1. V. Criminal Background Check (page 14) 2, H. Final Financial Status Reporting Requirements -- if the Health Division underestimates 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 ew ry affort to process full reimbursement to the Grantee per the final FSR (so there is no guarantee). 3. 1. Penalties for Reporting Noncompliance— potential of financial penalties if report is submitted late. 4. V. Agreement Termination — it states the agreement may be terminated without further liability or penalty to the Department. I would prefer that it say Parties, rather than just the Department. Please feel free to call me if you have any questions or concerns regarding the above (248.935.4286) Thank you, Sharon OAKIAND 08/27/2021 Agreement #: Agreement Between 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 1032 Federal I.D.#: 38-6004876, DUNS #: 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 will commence on the date of the Grantee's signature or October 1, 2021, whichever is later, and continue through September 30, 2022. Throughout the Agreement, the date of the Grantee's signature or October 1, 2021, 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 $9,502,413.00. 08/27/2021 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 2. 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 1 and Part 2 - 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 5. [.1 7 91 Q 08127/2021 Statement of Work The Grantee agrees to undertake, perform and complete the activities described in Attachment III - Program Specific Assurances and Requirements and the other applicable attachments to this Agreement which are part of this Agreement. Financial Requirements The financial requirements shall be followed as described in Part 2 and Attachment I - Annual Budget and Attachment IV - Funding/Reimbursement Matrix, which are part of this Agreement. Performance/Progress Report Requirements The progress reporting methods, as applicable, shall be followed as described in part 2 and Attachment III, Program Specific Assurances and Requirements, which are part of this Agreement. General Provisions The Grantee agrees to comply with the General Provisions outlined in Part 2, which is part of this Agreement. 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 E-Mail Address ReeceC@michigan.gov The financial contact acting on behalf of the Grantee for this Agreement is: Karrie Jager Name jagerk@oakgov.com E-Mail Address Accountant Title (248)858-5468 Telephone No. 10. 11 12 Special Conditions A. B. C. D. E. 08/27/2021 This Agreement is valid upon approval and execution by the Department which may be contingent upon approval by the State Administrative Board and signature by the Grantee. This Agreement is conditionally approved subject to and contingent upon availability of funding and other applicable conditions. 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. 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. The Grantee is required by 2004 PA 533 to receive payments by electronic funds transfer. Special Certification The individual or officer signing this Agreement certifies by their signature that they are 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 Name County Commissioner Title For the Michigan Department of Health and Human Services Christine H. Sanches 08/27/2021 Christine H. Sanches, Director Date Bureau of Grants and Purchasing 08/2712021 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 Aqreement shall not be financed by anv sources other than the 08/27/2021 Department under the terms of this Agreement. If funding is received 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 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. 0W27/2021 2. Acknowledge the rights of access in this section are not limited to the 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 required audit and any other required submissions (i.e. corrective action plan, and management letter with a corrective action plan), and/or Audit Exemption Notice must be submitted to the Department within nine months after the end of the Grantee's fiscal year by e-mail at, MDHHS-AuditReports@michigan.gov. Single Audit reports must be submitted simultaneously to the Department and Federal Audit Clearinghouse, in accordance with 2 CFR 200.512(a), 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 08/27/2021 (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 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 200.332. 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 200.332(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 200.332(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 oversiqht and monitorinq activities, 08/27/2021 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 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 vinlatinns of federal and state criminal law involvinn fraud. 08/2712021 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; 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 rocs Jf in fho ef�fiic of "Rlnf Arrrorliforl " ('-rnntooc rlocinnoforl x 08/27/2021 "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 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 08/27/2021 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. 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 reports 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) 08/27/2021 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. b. State of Michigan travel rates may be found at the following website: https://www.michigan.gov/dtmb/0,5552,7-358- 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 12 19 and CG 2037 12 19. 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. 08/27/2021 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 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 ([CHAT) 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. ]CHAT: http://apps.michigan.gov/ichat b. Michigan Public Sex Offender Registry: http://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 OW27/2021 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 ]CHAT 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 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. If. 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 08/27/2021 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. 08/27/2021 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. I. 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 U.S.C. 1352) as revised by the Lobbying Disclosure Act of 1995 (2 U.S.C. 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 .,.,.n,Ai.,nh, 08/27/2021 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 (P.L. 88-352) which prohibits discrimination based on race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-1686), which prohibits discrimination based on sex; C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination based on disabilities; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination based on age; e. The Drug Abuse Office and Treatment Act of 1972 (PI. 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 (P.L. 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 U.S.C. 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 beinq made; 08/27/2021 and, i. The requirements of any other nondiscrimination statute(s) 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 (P.L. 103- 227; 20 U.S.C. 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 develnnment activities_ educatinn or lihrary 0812712021 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 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 P.L. 103-227, any 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 U.S.C. 1501-1508, 5 U.S.C. 7321-7326), and the Intergovernmental Personnel Act of 1970 (P.L. 91-648) as amended by Title VI of the Civil Service Reform Act of 1978 (P.L. 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 U.S.C. 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 U.S.C. 7401-7671(q)) and the Federal Water Pollution Control Act (33 U.S.C. 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. I. Victims of Trafficking and Violence Protection Act The Grantee will comply with the Victims of Traffickinq and Violence Protection 08127/2021 Act of 2000 (P.L. 106-386), as amended. 1. This Agreement and anyone working on this Agreement will be subject to P.L. 106-386 and must comply with all applicable standards, orders or regulations issued pursuant to this Act. Violations must be reported to the Department. J. Procurement of Recovered Materials The Grantee will comply with section 6002 of the Solid Waste Disposal Act of 1965 (P.L. 89-272), as amended. 1. This Agreement and anyone working on this Agreement will be subject to section 6002 of P.L. 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 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 or delivery of any subcontracted product. 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 08/27/2021 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, 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 U.S.C. 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 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). b. For compliance with the Davis -Bacon Act (40 U.S.C. 276a to a- 7) and as supplemented by Department of Labor regulations (29 CFR, Part 5) (if required by Federal Program Legislation). G. For compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 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 2 CFR 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 four years after the end of the 08/27/2021 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; 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 aqreement is required under HIPAA. 08/27/2021 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. 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 or other internet communication platforms or technologies, 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 or other internet communication platforms or technologies 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 Aqreement. The Grantee must take all reasonable 08/27/2021 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 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 fnr tha FYariitiva Rchorinia ara Incatari nn tha IInitari Ctatac rlffira of 08/27/2021 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. 08/27/2021 IV. Financial Requirements A. Operating Advance Under the pre -payment reimbursement method, no additional operating advances will be issued. 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 Expenditure Operations Division. 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 08/27/2021 the Department may expend during each fiscal quarter. 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. The Grantee shall electronically prepare and submit FSRs to the Department via the EGrAMS website (http://egrams-mi.com/mdhhs). 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. The Grantee representative who submits the FSR 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: 1. 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, 08/27/2021 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. 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 is 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: http://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 08/27/2021 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 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 11/15/2022 All Remaining Projects 11 /30/2022 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 Bureau of Finance and Accounting. 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 Denalized with a one-time reduction in their current ELPHS allocation for 08/27/2021 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: 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 III. 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 08/27/2021 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 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. Vill. 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 1, 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 08/27/2021 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, in writing, at any time prior to June 7. 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. X. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, by the Grantee, Grantee's subcontractors or anyone directly or indirectly employed by the Grantee in the performance of this Agreement shall be the responsibility of the Grantee, and not the responsibility of the Department. Nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Grantee or its employees by law. B. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Grantee and the Department in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by the Grantee and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Grantee, the state, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. 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 program elements covered by this Agreement. 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 States fiindino for this Agreement shall be provided from the applicable and 08/27/2021 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. 08/27/2021 AA Attachments Al Attachment I - Instructions for the Annual Budget Attachment I - Instructions for the Annual Budget A2 Attachment III - Program Specific Assurances and Requirements Attachment III - Program Specific Assurances and Requirements MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES ATTACHMENT IV - Emerging Threats- Local Health Department- 2022 CONTRACT MANAGEMENT SECTION Oakland County Department of Health and Human Services/ Health Division Program Element/Funding Source MDHHS Fed/St Funding Reimbursement Performance (a) Source Amount Method Target (b) Output Measurement COVID Immunization Reg. Alloc. F 5,163,603 Actual Cost N/A Reimbursement ELC Contact Tracing, Reg. Alloc. F 3,488,890 Actual Cost N/A Investigation, Testing Coord., Reimbursement Monitoring and Wrap Around ELC COVID-19 Infection Reg. Alloy F 337,500 Actual Cost N/A Prevention Reimbursement ELC Regional Lab Reg. Alice. F 512,420 Actual Cost N/A Reimbursement TOTAL MDHHS FUNDING 9,502,413 'SPECIFIC OUTPUT PERFORMANCE MEASURES WILL BE INCORPORATED VIA AMENDMENT Attachment IV Notes Attachment IV Notes Contract # Date: 08/27/21 Total (c) State (d) State Funded Minimum Contractor / Perform Expect Funded Target Performance Percent Subrecepier (f) Perform Number (e) N/A N/A N/A N/A Subrecepie N/A N/A N/A N/A Subrecepie N/A N/A N/A N/A Subrecepie N/A N/A N/A N/A Recepient Emerging Threats- Local Health Department- 2022, Date 08/27/2021 Page3E Contract # Date: O8/2712021 Attachment V Oakland County FY Agreement Addendum A Contract # Date: 08/27/2021 Summary of Budget PROGRAM/PROJECT Emerging Threats- Local Health Department- DATE PREPARED 2022 / Emerging Threats- Local Health 8/27/2021 Department- 2022 CONTRACTOR NAME BUDGET PERIOD Oakland County Department of Health and From: 10/1/2021 To: 9/30/2022 Human Services/ Health Division MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT #� 1200 N. Telegraph Rd. R, Original F Amendment 0 34 East ZIP CODE CITY STATE 341 FEDERAL ID NUMBER 1 Pontiac MI 1032 10 38-6004876 Category I Total I Amount DIRECT EXPENSES (Program Expenses 11 Salary & Wages 4,326,923.00 4,326,923.00 2 Fringe Benefits 195,014.00 195,014.00 3 Cap. Exp. for Equip & Fac. 12,420.00 12,420.001 14 Contractual 4,181,563.00 4,181,563.00l 1 15 Supplies and Materials 80,775.00 80,775.001 16 Travel 3,920.00 3,920.001l1 17 Communication 30,000.00 30,000.001 18 All Others (ADP, Con. Employees, Misc.) 243,000.00 243,000.00 (Total Program Expenses 9,073,615.00 9,073,615.00 (TOTAL DIRECT EXPENSES 9,073,615.00 9,073,615.00 (INDIRECT EXPENSES l Indirect Costs lI 11 ICost Allocation Plan / Other 428,798.00 428,798.00 I (Total Indirect Costs 428,798.00 428,798.001 ITOTAL INDIRECT EXPENSES 428,798.00 428,798.00 ITOTAL EXPENDITURES 9,502,413.00 9,502,413.00 Contract # Date: 08/27/2021 SOURCE OF FUNDS ICategory I Total Amount Cash Inkind I1 Fees and Collections - 1st 0.00 i 0.00 0.00 0.00 and 2nd Party I2 (Fees and Collections - 3rd 0.00 0.00 0.00 0.00 Party 3 Federal or State (Non IMDHHS) 0.00 1 0.00 0.00 1 0.00 I I4 Federal Cost Based lReimbursement 0.00 0.00 I 0.00 i 0.00 15 IFederally Provided Vaccines' 0.00 0.001 0.001 0.00 16 IFederal Medicaid Outreach I 0.001 0.001 0.001 0.001 17 IRequired Match - Local I 0.001 0.001 0.001 0.001 18 ILocal Non-ELPHS I omj 0.001 0.001 0.001 19 ILocal Non-ELPHS I 0.001 0.001 0.001 0.001 I10 ILocal Non-ELPHS I 0.001 a001 0,001 0.001 I11 (Other Non-ELPHS ' 0.001 0.001 0,001 0.00 I12 (MDHHS Non Comprehensive 0.001 0.00 0.00 0.00 13 I MDHHS Comprehensive 9,502,413.00 1 9,502,413.0 0.00 0.00 0 [14 IMCH Funding I 0.001 0.00 0.001 0.001 115 ILocal Funds - Other I u0I 0.00 0.001 0.00 116 Ilnkind Match I 0.001 0.001 0.001 0.00 117 (MDHHS Fixed Unit Rate I 0.001 0.001 0.001 0.00 (TOTAL 9,502,413.00 1 9,502,413.0 0.00 0.00 01 ATTACHMENT MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES Local Health Department Agreement October 1, 2021- September 30, 2022 Fiscal Year 2022 INSTRUCTIONS FOR THE ANNUALBUDGET INSTRUCTIONS FOR THE ANNUAL BUDGET FOR LOCAL HEALTH DEPARTMENT SERVICES TABLE OF CONTENTS Page I. INTRODUCTION............................................................................................................ 2 11. MINIMUM BUDGETING REQUIREMENTS...................................................................2 III. REIMBURSEMENT CHART........................................................................................... 3 IV. LOCAL ACCOUNTING SYSTEM STRUCTURE OF ACCOUNTS/COST ALLOCATION PROCEDURES..............................................................................................................3 V. FORM PREPARATION - GENERAL.............................................................................. 4 VI. FORM PREPARATION - EXPENDITURE CATEGORIES ............................................. 4 VII. FORM PREPARATION - SOURCE OF FUNDS............................................................. 6 Vill. SPECIAL BUDGET INSTRUCTIONS A. Public Health Emergency Preparedness(PHEP).................................................... 9 B. Program Budget Detail- Cost Detail Schedule Preparation .................................... 10 C. Immunization 317 and VFC Allowable Expenditures ............................................ 18 1 INSTRUCTIONS FOR THE ANNUALBUDGET FOR LOCAL HEALTH SERVICES INTRODUCTION The Annual Budget for Local Health Services is completed on a state fiscal year basis and is used to establish budgets for many Department programs. In the Annual Budget, the Department consolidates many of its categorical programs' funding and Essential Local Public Health Services (ELPHS) (formerly known as the local public health operation's funding) into a single, Comprehensive Agreement for local health departments. The Department's Plan and Budget Framework serves as a principal reference point for budget development. The Annual Budget for Local Health Services must be completed in accordance with and adhere to the established requirements as specified in these instructions and submitted to the Department as required by the agreement. IL MINIMUM BUDGETING REQUIREMENTS A. Cost Principles - Types or items of cost which will be considered for reimbursement are generally consistent with definitions contained in Title 2 Code of Federal Regulations CFR, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. Federal Block Grant Funds - Maternal & Child Health and Preventive Health Block Grant funds may not be used to: provide inpatient services; make cash payments to intended recipients of health services; purchase or improve land; purchase, contract or permanently improve (other than minor remodeling defined as work required to change the interior arrangements or other physical characteristics of any existing facility or installed equipment when the cost of the remodeling incident does not exceed $2,000) any building or other facility; or purchase major medical equipment (any item of medical equipment having a unit cost of over $10,000 and used in the diagnosis or treatment of patients, excluding equipment typically used in a laboratory); satisfy any requirement for the expenditure of non-federal funds as a condition for the receipt of Federal funds; or provide financial assistance to any entity other than a public or nonprofit private entity. C. Expenditure and Funding Source Breakdown - For purposes of development, analysis and negotiation activities must be budgeted at the individual expenditure and funding source category level on the Annual Budget for Local Health Services. D. Special Budget Requirements for Certain Categorical Program Elements - The Annual Budget for Local Health Services is completed in the MI E-Grants System through the application budget to include details for all program elements (excluding Administration and Grantee Support). III. REIMBURSEMENT CHART A. Program Element/Fundinq Source The Program Element/Funding Source column has been moved to Attachment III and provides the listing of all currently funded MDHHS programs that are included in the Comprehensive Local Health Department Agreement. B. Tvne of Project The type of project designation is indicated by footnote and is used if the project meets the Research and Development Project criteria. Research and Development Projects are defined by Title 2 CFR, Section 200.87, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Research and development (R&D) means all research activities, both basic and applied, and all development activities that are performed by non -Federal entities. Research is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. Development is the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes. C. Reimbursement Chart The Reimbursement Chart notes elements/funding sources, applicable payment methods, target levels, output measures for each program/element having a performance reimbursement option. In addition, the chart also provides the subrecipient, contractor, or recipient designations, as in prior years: IV. LOCAL ACCOUNTING SYSTEM STRUCTURE OF ACCOUNTS/COST ALLOCATION, PROCEDURES As in past years, no additional accounting system detail is being required beyond local uniform accounting procedures prescribed by the Michigan Department of Treasury, Local Financial Management System requirements, documentation requirements of categorical program funding sources and any local requirements. Some agencies may already have separate cost centers in their accounting system to directly identify costs and related funding of required services, but such breakdowns are not essential to being able to meet minimum reporting requirements if proper allocation procedures are used and adequate documentation is maintained. All allocations must have clearly measurable bases that directly apply to the amounts being allocated, must be documented with work papers that will provide an adequate audit trail and must result in a representative reporting of costs and funding for affected programs. More specific guidance can be found in Title 2 CFR, Part 200 Appendix V State/Local Government and Indian Tribe -Wide Central Service Cost Allocation Plans and the brochure published by the Department of Health and Human Services entitled "A Guide for State, Local and Indian Tribal Governments: Cost Principles and Procedures for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government. 3 V. FORM PREPARATION - GENERAL The MI E-Grants System on-line application, including the budget entry forms, are utilized to develop a budget summary for each program element administered by the local Grantee. The system is designed to accommodate any number of local program elements including those unique to a particular local Grantee. Applications, including budget forms, are completed for all program elements, regardless of the reimbursement mechanism, including Agency administration(s) fee for service program elements, categorical program elements, performance - based program elements and Medicaid Outreach associated program elements. Budget entry is required for each major expenditure and source of fund categories for which costs/funds are identified. VI. FORM PREPARATION - EXPENDITURE CATEGORIES Budaeted expenditures are to be entered for each program element, project or group of services by applicable major category. A. Salaries and Waqes- This category includes the compensation budgeted for all permanent and part-time employees on the payroll of the Grantee and assigned directly to the program. This does not include contractual services, professional fees or personnel hired on a private contract basis. Consulting services, vendor services, professional fees or personnel hired on a private contracting basis should be included in "Other Expenses." Contracts with secondary recipient organizations such as cooperating service delivery institutions or delegate agencies should be included in Contractual (Sub -contract) Expenses. B. Fringe Benefits - This category is to include, for at least the specified elements, all Grantee costs for social security, retirement, insurance and other similar benefits for all permanent and part-time employees assigned to the specified elements. C. Can Exp for Eguip & Fac -This category includes expenditures for budgeted stationary and movable equipment used in carrying out the objectives of each program element, project or service group. The cost of a single unit or piece of equipment includes necessary accessories, installation costs, freight and other applicable expenses associated with the purchase of the equipment. Only budgeted equipment items costing $5,000 or more may be reported under this category. Small equipment items costing less than $5,000 are properly classified as Supplies and Materials or Other Expenses. This category also includes capital outlay for purchase or renovation of facilities. D. Contractual (Subcontracts/Subrecipient). - Use for expenditures applicable to written contracts or agreements with secondary recipient organizations such as cooperating service delivery institutions or delegate agencies. Payments to individuals for consulting or contractual services, or for vendor services are to be included under Other Expenses. Specify subcontractor(s) address, amount by subcontractor and total of all subcontractors. E. Supplies and Materials - Use for all consumable items and materials including equipment - type items costing less than $5,000 each. This includes office, printing, janitorial, postage and educational supplies; medical supplies; contraceptives and vaccines; tape and gauze; prescriptions and other appropriate drugs and chemicals. Federal Provided Vaccine Value should be reported and identified on in Other Cost Distributions category. Do not combine with supplies. F. Travel - Travel costs of permanent and part-time employees assigned to each program element. This includes costs of mileage, per diem, lodging, meals, registration fees and other approved travel costs incurred by the employee. Travel of private, non -employee consultants should be reported under Other Expenses. G. Communication Costs - These are costs for telephone, Internet, telegraph, data lines, websites, fax, email, etc., when related directly to the operation of the program element. H. County/City Central Services - These are costs associated with central support activities of the local governing unit allocated to the local health department in accordance with Title 2 CFR, part 200. I. Space Costs - These are costs of building space necessary for the operation of the program. J. All Others (Line 111 - These are costs for all other items purchased exclusively for the operation of the program element and not appropriately included in any of the other categories including items such as repairs, janitorial services, consultant services, vendor services, equipment rental, insurance, Automated Data Processing (ADP) systems, etc. K. Total Direct Expenditures — The MI E-Grants System sums the direct expenditures budgeted for each program element, project or service grouping and records in the Total Direct Expenditure line of the Budget Summary. L. Indirect Cost —These cost categories are used to distribute costs of general administrative operations that have not been directly charged to individual subrecipient programs. The Indirect Cost expenditures distribute administrative overhead costs to each program element, project or service grouping. Two separate local rates may apply to the agreement period (i.e., one for each local fiscal year). Use Calendar Rate 1 to reflect the rate applicable to the first part of the agreement period and Calendar Rate 2 for the rate applicable to the latter part. Indirect costs are not allowed on programs elements designated as vendor relationship. An indirect rate proposal and related supporting documentation must be retained for audit in accordance with records retention requirements. In addition, these documents are reviewed as part of the Single Audit, subrecipient monitoring visit, or other State of Michigan reviews. Following is further clarification regarding indirect rate and/or cost allocation approval requirements to distribute administrative overhead costs, in accordance with Title 2 CFR Part 200 (formerly Circular A-87 2 CFR Part 225, Appendix E), for Local Health Departments budgeting indirect costs: 1. Local Health Departments receiving more than $35 million in direct Federal awards are required to have an approved indirect cost rate from a Federal Cognizant Agency. If your Local Health Department has received an approved indirect rate from a Federal Cognizant agency, attach the Federal approval letter to your MI E-Grants Grantee Profile. 2. Local Health Departments receiving $35 million or less in direct Federal awards are required to prepare indirect cost rate proposals in accordance with Title 2 CFR and maintain the documentation on file subject to review. 3. Local Health Departments that received approved indirect cost rates from another State of Michigan Department should attach their State approval letter to their MI E-Grants Grantee Profile. 4. Local Health Departments with cost allocation plans should reflect these allocations in the Other Cost Distributions budget category. See Section M. Other Cost Distribution for budgeting guidance. 5. As a Subrecipient of federal funds from MDHHS, a Local Health Department that has 5 never received a negotiated indirect cost rate, your Local Health Department may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) based on Title 2 CFR part 200 requirements. MTDC includes all direct salaries and wages, fringe benefits, supplies and materials, travel, services, and contractual expenses up to the first $25,000 of each contract. MTDC excludes all equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs, and portions subcontractual/subaward expenses in excess of $25,000 per contract. Attach a current copy of the letter stating the applicable indirect costs rate or calculation information justifying the de minimis rate calculation to you MI E-Grants Grantee profile. Detail on how the indirect costs was calculated must be shown on the Budoet Detail Schedule. The amount of Indirect Cost should be allocated to all appropriate program elements with the total equivalent amount reflected as a credit or minus in the Administration projects. M. Other Cost Distributions — Use to distribute various contributing activity costs to appropriate program areas based upon activity counts, time study supporting data or other reasonable and equitable means. An example of Other Cost Distributions is nursing supervision. The distribution process permits costs reflected in a single program element to be subsequently distributed, perhaps only in part, to other programs or projects as appropriate. If an allocation is made, the charges must be reflected in the appropriate program element and the offsetting credit reflected in the program element being distributed. There must be a documented, well-defined rationale and audit trail for anv cost distribution or allocation based upon Title 2 CFR. Part 200 Cost Principles Local Health Departments using the cost distribution or cost allocation must develop the plan in accordance with the requirements described in Title 2 CFR, Part 200. Local Health Departments should maintain supporting documentation for audit in accordance with record retention requirements. The plan should include a Certification of Cost Allocation plan in accordance with Title 2 CFR, Part 200 Appendix V. The cost allocation plan documentation is not required to be submitted unless specifically requested. Cost associated with the Essential Local Public Health Services (ELPHS), Maternal and Child Health (MCH) Block Grant and Fixed Fee may be budgeted in the associated program element and distributed to the associated projects. Federal Provided Vaccine Value should be reported on a separate line and clearly identified. N. Total Direct & Admin. Expenditures — The MI E-Grants System sums the indirect expenditures program element and records in the Total Indirect Expenditure line of the Budget Summary. O. Total Expenditures — The MI E-Grants System sums the direct and indirect expenditures and records in the Total Expenditure line of the Budget Summary. VII. FORM PREPARATION -SOURCE OF FUNDS Source of Funds are to be entered for each program element, project or group of services by applicable major category as follows: 6 A. Fees & Collections - Fees 1st & 2nd Partv— i. 1 St party funds projected to be received from private payers, including patients, source users and any member of the general population receiving services. ii 2nd party funds received from organizations, private or public, who might reimburse services for a group or under a special plan. iii. Any Other Collections B. Fees & Collections - 3rd Partv — 3rd Party Fees - Funds projected to be received from private insurance, Medicaid, Medicare or other applicable titles of the Social Security Act directly related to the cost of providing patient care or other services (e.g., includes Early Periodic Screening, Detection and Treatment [EPSDT] Screening, Family Planning.) C. Federal/State Funding (Non-MDHHS) - Funds received directly from the federal government and from any state Contractor other than MDHHS, such as the Department of Natural Resources and Environment (MDNRE). This line should also be used to exclude state aid funds such as those provided through the Michigan Department of Treasury under P.A. 264 of 1987 (cigarette tax). D. Federal Cost Based Reimbursement — Funds received for Federal Cost Based Reimbursement which should be budgeted in the program in which they were earned. E. Federally Provided Vaccines — The projected value of federally provided vaccine. F. Federal Medicaid Outreach — (Please note: to be used only for Medicaid Outreach, CSHCS Medicaid Outreach or Nurse Family Partnership Medicaid Outreach program elements.) Funds projected to be received from the federal government for allowable Medicaid Outreach activities. This amount represents the anticipated 50% federal administrative match of local contributions. G. Required Match - Local — Funds projected to be local contribution for programs that have a match contribution requirement (Please note: for Medicaid Outreach, CSHCS Medicaid Outreach, or Nurse Family Partnership Medicaid Outreach, this amount represents the 50% matching local contribution for allocable Medicaid Outreach Activities. Federal Medicaid Outreach and Required Local match amounts should equal each other.) H. Local Non-ELPHS - Local funds budgeted for the following expenditures: 1. Expenditures for services not designated as required and allowable for ELPHS funding (e.g., medical examiner and inpatient maternity services); expenditures determined not to be reasonable; and, expenditures in excess of the maximum state share of funds available. 2. Any losses arising from uncollectible accounts and other related claims. Under -recovery of reimbursable expenditures from, or failure to bill, available funding sources that would otherwise result in exclusions from ELPHS funding, if recovered. However, no exclusion is required where the local jurisdiction has made and documented a decision to have local funds underwrite: a. The cost of uncollectible accounts or bad debts incurred in support of providing required or allowable health services. An example of this condition would be for services provided to indigents who are billed as a matter of procedure with little chance for receipt of payment. b. Potential recoveries or under -recoveries from other sources for the principal purpose of providing required and allowable health services at free or reduced cost to the public served by the Grantee. An example would be keeping fees for services at a reduced level for the benefit of the people served by the Grantee while recognizing that to do so limits recovery from third parties for the same types of services. 3. Contributions to a contingency reserve or any similar provisions for unforeseen events 4. Charitable contributions and donations. 5. Salaries and other incidental expenditures of the chief executive of a political subdivision (i.e., county executive and mayor). 6. Legislative expenditures, such as, salaries and other incidental expenditures of local governing bodies (i.e., county commissioners and city councils). Do not enter board of health expenses. 7. Expenditures for amusements, social activities and other incidental expenditures related to, such as, meals, beverages, lodging, rentals, transportation and gratuities. 8. Fines, penalties and interest on borrowings. 9. Capital Expenditures - Local capital outlay for purchase of facilities and equipment (assets) are excluded from ELPHS funding. I. Other Non- ELPHS - Funds budgeted from sources other than state, federal and local appropriations to the extent that they are not eligible for ELPHS (e.g., funding from local substance abuse coordinating grantee, local area on aging grantees). J. MDHHS - NON -COMPREHENSIVE - Funds budgeted for services provided under separate MDHHS agreements. Examples include funding provided directly by the Community Services for Substance Abuse for community grants, etc. K. MDHHS - COMPREHENSIVE - This section includes all funding projected to be due under the Comprehensive Agreement from categorical programs and needs to equal the allocation. L. ELPHS - MDHHS Hearing — This section includes all funding projected to be due under Comprehensive Agreement specific to the ELPHS MDHHS Hearing program and has to equal the MDHHS ELPHS Hearing allocation. Additional ELPHS to be budgeted for the Hearing Program must be entered into ELPHS — MDHHS Other. Hearing allocations may only be spent on the Hearing Program. M. ELPHS - MDHHS Vision — This section includes all funding projected to be due under Comprehensive Agreement specific to the ELPHS MDHHS Vision program and has to equal the ELPHS MDHHS Vision allocation. Additional ELPHS to be budgeted for the Vision Program must be entered into ELPHS — MDHHS Other. Vision allocations may only be spent on the Vision Program. N. ELPHS — MDHHS Other — This section includes all funding projected to be due under Comprehensive Agreement specific to the ELPHS MDHHS Other program for eligible program elements. Please note: The MI E-Grants System validates the ELPHS MDHHS Other budgeted funds across the applicable program elements to assure the agreement does exceed the ELPHS — MDHHS Other allocation. O. ELPHS —Food -This section includes all funding projected to be due under Comprehensive Agreement specific to the ELPHS Food program and has to equal the ELPHS Food allocation. P. ELPHS — Drinking Water - This section includes all funding projected to be due under ri Comprehensive Agreement specific to the ELPHS Drinking Water program and has to equal the ELPHS Drinking Water allocation. Q. ELPHS — On -site Sewage - This section includes all funding projected to be due under Comprehensive Agreement specific to the ELPHS On -site Sewage program and has to equal the ELPHS On -site Sewage allocation. R. MCH Fundinq -This section includes all funding projected to be due under Comprehensive Agreement specific to the MCH eligible program elements. Please note: The MI E-Grants System validates the MCH budgeted funds across applicable program elements to assure the agreement does exceed the MCH allocation. S. Local Funds - Other - Enter all local support in the appropriate element, project or service group column. This may include local property tax, and other local revenues (does not include fees). T. Inkind Match — Enter Local Support from donated time or services. U. MDHHS Fixed Unit Rate — Select the type of fee -for -services from the lookup to correspond with the program element. Vill. SPECIAL BUDGET INSTRUCTIONS Certain elements are supported by federal or other categorical program funds for which special budgeting requirements are placed upon grantees and subgrantees. These include: Element Federal or Other Fundinq Contractor Public Health Emergency U.S. Department of Health & Human Services, Centers for Disease Control Preparedness In general, subgrantee budgets must provide sufficient budget detail to support grantee budget requests and be in a format consistent with grantor Contractor requirements. Certain types of costs must receive approval of the federal grantor Contractor and/or the grantee prior to being incurred. A. Public Health Emeraencv Preparedness (PREP) Special Budget Requirements Local Health Departments will receive the initial FY 21/22 allocation of the CDC Public Health Emergency Preparedness (PREP) funds in nine equal prepayments for the period October 1, 2021 through June 30, 2022. LHDs must submit a nine -month budget and a quarterly Financial Status Report (FSR) for each of the following COMPREHENSIVE Local Health Department program elements: 1. Public Health Emergency Preparedness (PREP) (October 1 — June 30) 2. Public Health Emergency Preparedness (PREP)— Cities of Readiness (October 1 — June 30) 3. Laboratory Services - Bioterrorism (October 1 — September 30) Costs Allowable Only With Prior Approval - The following costs are allowable only withprior 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 approved by MDHHS or subsequently in a written request approved in writing by MDHHS. 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. Capital Expenditures of $2.500 or More - such as the cost of facilities, equipment, including medical equipment, other capital assets and any repairs that 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. Accountinq and Auditinq 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 apart 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. Traininq 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. Buildinq Space and Related Facilities - the cost to buy, lease or rent space in privately or publicly owned buildings for the benefit of the program. H. Non -Fringe 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. B. Program Budaet - Online Detail Budqet Application Entry Complete the appropriate budget forms contained within the MI E-Grants System for each program element. An example of this form is attached (see Attachment 1 for reference). 1. Salary and Waqes - a. Position Description - Select from the expenditure row look -up all position titles orjob descriptions required to staff the program. If the position is missing from the list, please use Other and type in the position in the drop -down field provided. b. Positions Required - Enter the number of positions required for the program corresponding to the specific position title or description. This entry may be expressed as a decimal (e.g., Full -Time Equivalent — FTE) when necessary. If otherthan a full-time position is budgeted, it is necessary to have a basis in terms 10 of time reports to support time charged to the program. c. Amount — The MI E-Grants System calculates the salary for the position required and records it on the Budget Detail. Enter this amount in the Amount column. d. Total Salary —The MI E-Grants System totals the amount of all positions required and records it on the Budget Summary. e. Notes - Enter any explanatory information that is necessary for the position description. Include an explanation of the computation of Total Salary in those instances when the computation is not straightforward (i.e., if the employee is limited term and/or does not receive fringe benefits). 2. Fringe Benefits — Select from the expenditure row look -up applicable fringe benefits for staff working in this program. Enter the percentage for each. The MI E-Grants system updates the total amount for salary and wages in the unit field and calculates the fringe benefit amount. If the "Composite Rate" fringe benefit item is selected from the expenditure row look up, record the applicable fringe benefit items (i.e. FICA, Life insurance, etc.) in the "Notes" tab. 3. Eouioment - Enter a description of the equipment being purchased (including number of units and the unit value), the total by type of equipment and total of all equipment purchases. 4. Contractual - Specify subcontractor(s)/subrecipie nt(s) working on this program, including the subcontractor's/subrecipient's address, amount by subcontractor/subrecipient and total of all subcontractor(s)/subrecipient(s). Multiple small subcontracts can be grouped (e.g., various worksite subcontracts). 5. Supplies and Materials - Enter amount by category. A description is required if the budget category exceeds 10% of total expenditures. 6. Travel - Enter amount by category. A description is required if the budget category exceeds 10% of total expenditures. 7. Communication - Enter amount by category. A description is required if the budget category exceeds 10% of total expenditures. 8. County -City Central Services - Enter amount by category and total for all categories. 9. Space Costs - Enter amount by category and total for all categories. 10. Other Expenses - Enter amount by category and total for all categories. A description is required if the budget category exceeds 10% of total expenditures. 11. indirect Cost Calculation - Enter the base(s), rate(s) and amount(s). 12. Other Cost Distributions - Enter a description of the cost, percent distributed to this program and the amount distributed. 13. Total Exn. - MI E-grants totals the amount of all positions required and records it on the Budget Summary. Program Budget -Cost Detail Schedule Preparation I B1 Attachment B1-Program Budget Summary facespeet ceNfiCeborx f Butlget j Eliacellaneous IeMex x Close %(y �—�;p ValOAate C� �PDF �Cupy E Show Tt�� �s) (`I 0utlgel Summary am wenses y C Wages e benefits E,F, for Egewp R Lac ana Materials Ccmry City Ceulial Semcec Space Cost- IAll COle,c ?AOP Con Employees Miac } ToW Program Expenses ITOTAE MRECT EXPENSES INDIRECT EXPENSES lMpedcosts 'Indirect ioata Cther Ceste DIADm100ns Tote) fIdlOct C.5 ITOTAUNDIRECT EXPfNSES TOTAL EXPEUCHFURES 8341900 8341900.1 000 ODD 0 34,20200' 26202,001 OM 000 2S,275.00, 23,2750Q - _-- 00e, - - eon E7 y34000, 3,340.00, 000 ODD- LL _ _1,26200 - T 2.6200, DOD 0 oo„ ID,13100 _ _ 10,13100; _ 000' 0UO C3 5.89400 ],S9400, 000 _ _ 000 155,5E300 155.52300 000 _ 000 _ 165,523 AD 16Fj2300 -- _ - 000, _ 090 2940,00' 2rJ,Q500, 000 006 _ 198500 1,685_on', 000 ODD Q 31,090 Go 3TON 00 000 000 3109060 - '1ago Go; 000 000 196"1300 195,611 DO D00 000 12 Source of Funds ,Agency ABC Health Oeparlment Program- Comprehensbe Rgreement-FY 20 q( Appilckfi-M AMPLE - 5horr OOwments Faresheet Cemito oae 1 budget MrsreOeneoua indev Cruse B Sare OSaxeo (�VN,Idale —x Sauw of Food. TOTAL EXPENDITURES 196,a1300 p00 0.00 19E.613.001 'SOIIfCe WFLIN)5 , Feesend Cdleahene-1nan02nd Path 000 Gov Me 000� 'Fees and Collerllbns-Are! Party 300; 66,JOOd6, 000 demaa0 Federal or Stale rNon MDCH) _ 000' _ 0,00 000 _ 0AD % Federal Cost Based RelmbOrsement 0.06, 19.00000 ODD _ t9,000 Do 1 Federally Pleaded vaccines DOD 003 D00 DDO, Federal hledlald 0-Breach Joe 000 0.00 _ 0DO , Repanea March - Laval 0OD _ _ OLD ODD _ DOD [] Local llen-ELPHS 000 000 000 -- 000 0 Laval N.n-ELPHS 000 000 _ ODD _ _ 0Do Other Non-ELPHS 000 _ 000, - _ _ 0001 DOD MOCH Non Comprehen3lve - 000 000 0DO 0.00 > 1,1fiGNCarttpffpgnsie= 5E,b1300 Itgo 0OD 66,81MO ELPHS —IdpCH HeSnnp G00 _' p00 000' 000 ELPHS—I40CH VNsen 000 000 000 Oo-0 ELPHS—MDCH Other 0OO p00 000i 0.00 ELPHS—Fond 000 000 D00 000' �ELPH3-Dnnkmg i:aler _ OOP,' ego, _ _ 006 _ DOD ELF HS —On-Site Sewage _ 000 000' 000 DOD' EIGH Funding 000" 000 DOO DOD V �' Local Funds-01her 0,00 4480000 000 a4,80000', Ifrtlnd Match _ 000 000 _ ao0'' _ _ OJO- FADCH Axed LMt Rate L D00 000', Don 030' 0 13 B2 Attachment 132-Prooram Buduet Cost Detail Pacesh—t CartIYCA4ona 1 0ud9et ttiscellaneoug Index XC10—.. I te5 sae 05aso< p V-Iida(r±l PDF INC L—J _�[—°_��—�'�� wr �tsnow T. ea i.)iF: Budget cetatl Cslegory Program Expenses-Salary4Wa9es Type ExpendlWre i Classlflcabon Sep 1i Sup Type Oued Oan=. J lnetwctnoo 'Sfket tht yPatllnn xscn�Nron gCnt}tnf7uant_y es F-F±!len:dy me �vte a3 n're/eye evsr pe. �£ ❑ %` Hurae Ptadlhgner _ 013 91000900,FTE ,B 1729000 �- 1720000 000- non AJ h>I PubIlc Heald Nurse U pe6 249BZ430 FTE 15,069 Do 16,OE900', 0.00 0no 1}� ❑>"C..,dlnater !!=1, 041T 61036000 FTE 2092500 2092500 _ 000_ 000 tJ - ❑ Y CIEtk LL; 109 20729240 -_ 29,t35013500 29,-- 0.00 _-- 00001 - - O��vellBsa, ca vabaa rel=J-- ZPE-3cmvr ssnuwn J (�1i, Budget Datall Cate3py. Program Expeeses-C3A ExR fat EgwpB Fa: gp.' 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[cntacWal:efersm ae:oMary aay.8nt u�ganrntnr.�onk Fkese enle: !te certacLnferma!nn '®`.—Ccnseknsr9 ens=ap:onln9 yyrvresuewnlm=snowtl to cua9atetl un �Ihe CIDHr axoenze pns - -- i Lp save ����valida to i_I—�I,�POF I��copp Budget---- - Categpn' Prugram Epsnses-Supp_6Es antl pialenals 'C3991(I�hOn $2q t LNEI I�'L'nE iam r.'C3IF901} InslmdiEns rt-mst�et eegl ns=. inen SSpOv - �� �� �- _ ❑ Y Postage - - 'oL a esav>.n 1[.�vandaie �^ j-3P— Q�copy Budget Detail Category Program Epe_naes-Trare_I_ Class&ahon Seq 1 Level '^ Llne llem U O.,le901, Insfmcllons Elh '0.11leage ❑ > COMerencas TJ ExoendMre cub Type Oped T,pe Expenditure - SubTvpe Olred Narzallve 000 _ oaa n ! 000 ono Y] FJartanaE � I 'Lf 3A00.003,000,00; 000 non n 0 3400034000OOO 000 F�l ! 14 �®SaYe � G�Va11tlaN �W_—� Syi PUF C[Qj Copy r?Show Tr eei .,v��h) Budget Dehan _ FCaIegOR. Program Fxpenees-Cpmmumca0pn Trye Expend.ture clasefficellnn Seq. 1 Level %%Lneltem !✓CaiegDrr Sub Type Dtred Nsrratrre El 0 %26200 - Out 000 phones and IT Imes - - j ISSave OSaren dVaLdate 11' '}`PDF NbCopY hShow Tree Sudden Detail PlOgmm Fipenses- CounMClty Genital Senlces Type E,pendlture (Category Classlfcallon Beg 1 _ Level' i11-mefem ?Category Sub Type Chad Narrant. OSave OSere^ 2vahaataII }'PDF lmbCopy ._Show Tree I11 11 Budget Behan 'Category- Program Expenses - Spaea Costs T%pe 6pentllNm Classns"It5eq 1 Level ;'Llnellem;'Cahgoq SubTrpe- Sled Narratba- In'trusI ❑ x Rent _ -_ - El 6,92300 M-25adi _ 000 _ _ 000 E1.1 ❑ A Cu., Q 260ROD 2,60600 000 00a U.J UAAAee i O SavaI asavnn PvaBdah, il- PDF I Q]Copy' :35h—Treat :V Budgetustaii Category. Pmgtam Espensee- oll Dines (ADS Con. Emplhees, bloc Ape- 6penSlNre - ClasslficaM1pp Sep 1 Level. "a Llneltem i'Caiegury Sub Tfpe D;red- - - - NarraA:e' lnshudlons: - --- -- -- - - r x UPPob races ? Si z]g oD; ,279 a0: o�, oge oao Y-1 Byav, / aFees 0 Lab, ," 300 0a' lga ae. 000 000 ., I nI x :nn nn. -nn on on no Pr L_ gas eJ LSaYeti gvaLaIil_ JU PDF Qj Cop) ): Show Treei the\li Budget Delari- �I Category: Intived Costs - Intl red Costs T?ps Expenditure j Claselfication Scq, Sub Type lodued - NartaM. InstmrLons ❑ x Fiscal rear Rah 0, 25 000 1175210 29_,405 DO 29 A_DE 00 Bad _ OSO - on §snow TTea vVi ��, -is save a saye Lib vahaare �_� �J vDF q¢', cep> Budget Detail Caiegory Indired Costs-Ctner Costs DlskibudOns Rpg 6pendllure •Classlficahon Sep' 3 Sub T.pe Indeed NartatrYe � � InstmdlOns r o D;slnhuAOp x ursine dm Q 1,68500 IE8600 OUO g0D In 15 Budget Preparation A. Sources of Local Fund Tvnes Local Health Departments may utilize their county appropriation, funds received from local or private foundations, local contributors, or donators, and from other non- state/non-federal grant agreements that are specific to Medicaid Outreach or are to be used at the discretion of the Health Department as a source for matching funds. B. Indirect Costs There are three (3) options for indirect costs. They are: 1. an approved federal or state indirect rate 2. a 10% de minimis rate; or 3. a cost allocation/distribution plan Most Health Departments will use the cost allocation plan for indirect costs. For further detail, go to VI. Form Preparation, L. Indirect Cost section on this document. C. Cost Allocation Certification The Cost Allocation Certification remains on file with the Department until there is a change in the Cost Allocation Plan. When the cost allocation plan on file with the program (MDHHS- Medicaid-Outreach), the local health department must: 1) submit a copy of the revised cost allocation plan with the budget request; and 2) complete a revised cost allocation methodology certification. Both documents are to be attached to a Detailed Budget line in EGrAMS. II. Financial Status Report (FSR) — LHDs seeking 50% federal administrative match must request reimbursement by submitting their actual expenses for allowable Medicaid Outreach activities on their quarterly FSRs through MI E-Grants. A. Quarterly and Final FSR LHDs must reflect the actual Medicaid Outreach expenses incurred on the quarterly and final FSR. Actual expenses incurred must be specific to Medicaid Outreach as defined by the MSA Bulletin 05-29 and not part of a direct service. All expenses should be supported by an approved methodology and appropriate support documentation. 1. Required Match - Local Should be used to report the local match for Medicaid Outreach, both the federal and local amounts must match. 2. Source of Funds Cateqory Other source of funds that are non -reimbursable for Medicaid Outreach (i.e., other federal grants, other MDHHS grants, etc.) should be reported on the 16 appropriate line has indicated in the Comprehensive Budget Instructions - Attachment I (e.g., Local non-ELPHS or Local Funds — Other). Total Source of Funds must equal Total Expenditures. III. Comprehensive Local Health Department Agreement Obligation Report — filed in September. The Obligation report is used to estimate the payable amount due to Local Health Departments from MDHHS for each program element. A. In the Estimate Column, enter the maximum projected federal administrative match earnings for allowable Medicaid Outreach Activities to be earned from Medicaid Outreach on the Federal Medicaid Outreach row. B. In the Estimate Column, enter the maximum projected federal administrative match earnings for allowable Medicaid Outreach activities to be earned from CSHSC — Medicaid Outreach. This should reflect the local contribution multiplied by the Medicaid enrollment participation rate x 50% federal match rate. C. In the Estimate Column, enter the maximum projected federal administrative match earnings for allowable Medicaid Outreach activities to be earned from Nurse Family Partnership Outreach. This should reflect the local contribution multiplied by the Medicaid enrollment participation rate x 50% federal match rate. 17 'Object Class Categon,/Expenses vrt-only site visits APIX-only site visits Combined (,CFI}: & VFC. site visits) Perinatal hospital record reviews Equipment; i,ax machines f6r v ar6ne ordcrinq Vaccine storage, equipment frrr YTC vaccine Copy machines *Equipment: as, arricle of tangible nonexpendable personal properiv having useful Ilk gfmore liras one.vear and an acquisiiian cast of S5,600 or mare nor unri If cos( is below this ihresbuld afttlJuni. item maybe tnfluded in supplies. Supplies Vaccine administration sapplics (including, but not limited to, nasal pharyaeeal swabs, syringes for emcrgcncy vaccination clinics) Off cc sapplics computers_ goncml office. (pens, paper, paper dips, ek.?, ink canridkesr calculators Personal computers 1 Laptops i Tablets Fink Bocksr Rvxd Books, Yellow Book; Printers w - Allowable Allowable 1 Allowable Allowable ' Allowable j Alloic-able with i Allowable With 3,17 with VFC- i with WC with With Pan p VFC Distribution j, with.PPIIF operations operttlnn, i ordering VFClAFIX - Fla funds funds 1 funds ' funds s funds i funds rands (rvhereappftcabte) . J J 1 J J rL'y[r,'Suti.�nfur.'iidF',+j ✓ J J J J J v' k ' i i J J 9 1612016 Section I —The Basics p.22 IPC1ArI 2017 Object Glass C'ategor [Expenses � Mocsable Allowable Nvith 317 witht'TC i operations operation _ 4uuds R fin uds Laboratory supplies (6fluetua cultures ; and PCks, culntres and molecular, lab media sewtyping) Digital data logger with valid certificate ( ✓ J afcalibration'cafidation+testing report Vaccine sNpping cRApprles (storage containers, ice packs, bubble wrap, etr,' i ��.. Contractual State+'local tonCcrences expenses (conference site: materials printing, hotel ✓ accommodations exp;mses, speaker fees) Food castLv)joi allors'Ctbte. RegionatIocai meetings �_ ✓ r General contractual sm,iccs local health departhents, contractual stiff;tulvisorycommifteemcd'ie, ✓ / rrnvider training; Girt Contractual services (M[ ✓ ✓ Managedl Other iIS contractual agreement; (support, enbaneemen upgrades) ✓ (YV-rsfate� Financial Assistance (FA) :Yen -CDC. Contract vaccines 317 vaccine runds must tt rcqurstnd in funding apv!}=ion foGeAns Y witkr 3 i ? F.,r sac,:inrs Allowable,l Allowable. Allowable Aliowablewith Allowable with VFC with with Pan VK Distribution with PPFi$ ordering v7FC,(AFSX flu funds . funds funds funds Ponds ^a (i+'hereafpliea5da} ------------ I ✓ i � l ✓ {Cr2�7rdt�N2A -raiufcdf 411i5in16 Section I—Tlte Basic: p.'a IPOAEI 201 i J Object Class CAfegorT-%'*XgCnUs _ f .AiioWib1;7Allowft I Allowable iAllowable owablewith, Allowable with 317 w'rtb VFC l with SrFC . -Aith" with Pan" i VTfC Distribution with PPHr operatiob-% operation i ,ordering �'FCfAFIA ; Fla farads i funds farads : funds '. sfunds ! funds funds- p ; (Where opfiv ble) Indirect 1 i1d3r0Gf L'CI`at"S � rr y` ✓ .F" � �% ./' ,/ i i Accounting scn,-ims Advcrttsing (restricted to recruitmCnt of staff or trainees, procurement of Soods I ✓ ✓ ✓ and servi fits, disposal of scrap or %irplus materials) Audit Fees ✓ BRFSS stirvev Committae tneethngs hnam rental, cquipmCnt rental, etc.) J J ✓ Communication (etectronic, computer transmittal, messenger, postage,; Neal and i ✓ ✓ ! J ! ✓- long distance telephone) i COn5UMCr infurmatiOn actiVitics ✓ ✓' ✓ ; ✓' L OOSLImer 1 prua•ider hoard participation (travl reirnhursemenfp ✓ ! Data processing - - - ✓ -- +� �. .i ✓ y` ✓ ✓ Laboratory services (tes-ts conducfed for immunization prf7$Tar175) J � ✓ Local Service del iveery ACit Vines J J i'vlaintenan:ce otterauetttrenairs ✓ ✓ Malpractice lnsuranro for Volunteers �4e'tttherships�rSuE*srriptiuns J � E J' NIS OvcTsampling I'aeaTsgcetl phones ✓ ✓ i ✓ J Printing of vaocine accountability forms i ✓ t _ __ � __._ �_ .�._ ✓ 93 1 b,''2016 W O Section i—The Basics u,24 IPONNI 2017 Object Class Category. E'apenses, Allowable with 317 Operations funds Professienat sen,ice oasts dirccTT;v rt,Iattd tv immunizatiop adivifi6* (limited te,7n V staff), Attorne-y General Office services Public relations PL7i ication-'prinung costs (afl ether immunization related publication and printing expenses) Refit (rcyuires explanation of why these ' costs are not incloded in the indirect ccwt rate agreement or cost allocation plan) Shipping for materials (other than V - 5a,"inc) 'lE ping (vaccine) Sofmare licenserRenewals (ORACLE, / etc.) Stipend Reimburscmerts Tull -fete phone €inu-s for �•auoiue ordering "Draining casts - 5tateK ide, staff. � providers 'l'nnslations (translating materials) Vehjcle lease (restricted to ato•ardees urirh ^ policies that prohibit local travel ✓ reimbur.ment) VK, enrollment materials VFC providerfee&ac_k surveys ✓ VIS camera-ready copies ✓ 116i21716 N F� Allowable 1-Allnwable Alion'able ,. Allowable (,Allowable with, ) Allowable With'"vIC ;4ith'ti t. witb with Pon l VFC:M(ributiun with PPAF" Operation i ordering wriXF[X ' Flo funds i funds funds s funds i funds funds." ° l [ (where applicable) M I J i ✓ � I I i I ✓ Y' i ✓ ✓ I lr-zcivw rst^ituua� y' 0 Section I- The Basics p,25 IPONI 2017 I `f I/ Ton -Allowable Expenses with Federal Immunization Funds Expense F is nnr•ari a t'tdverti Sing cogtS lie g., diWy, rdr.linres, n�c»rnrunidirr, h'Fflx, .w.JJrctinira) tic� hour bev,erav-es-- -._ ..-_-'-- Iitaildi;rp purchases, f capita` im r 1.471vements Land pomhases Lc�r slsti k'ir,'Ia1�h�P' in �.:ict.i u i t ies 5epreciatiun on use CInIIrges I Research 1-'undtaising Intrrest on luaus litr thi: auquisitiun rr.clla5r m elt:rrti titit:n AA an cxistinK building Clinical rare �YPnJi-I!}IA?i tA3iPZfi7iltJJ .R'PVtc'c'.41 FnteFlain mcnt FJaymcnt of bad debt Dry clesuiinc velliele Purchase Pt mmtionul and/or inc4nti r 44atcria1s pdcgztes, tIcAj4tj.; and colr7AJcraur,Jtil%C i1crm .sxcir uspcnu, rrrte�si'rgw. dul,lc<t x;Fvtaxu', dtart-trrrt&', ronf orrm -e hags) Purchase of food funde's pw s n%ri'ynuirrrl ir'm�e! j."eJ' daevn rustO NOT allowable with federal k iantnttnication funds f € 4hecrestriction+'Which must be JAen inia account while +writing the, budget: J r If ----- - -1 J Y til + FLAGdS only be spent only for activit4n, Gild tm—,otulel cot z; that .tme directly relilwd to the Immuniztltion and Vaecincs for Children Ctloperative ey�reocnent. Funding R'quests rill-1 directly related in Tram Eni'/.F Gorl activities are ou'ide the reope of thi1 cc3operative aArccinent prograni and will not be flinded. Pre -award c oqs will not he- r4imhursud. 9.1116/2016 Section 1—The Basics p.26 [Pt7M 2017 22 ATTACHMENT III MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES LOCAL HEALTH DEPARTMENT AGREEMENT October 1, 2021 — September 30, 2022 Fiscal Year 2022 PROGRAM SPECIFIC ASSURANCES AND REQUIREMENTS Local health service program elements funded under this agreement will be administered by the Grantee and the Department in accordance with the Public Health Code (P.A. 368 of 1978, as amended), rules promulgated under the Code, minimum program requirements and all other applicable Federal, State and Local laws, rules and regulations. These requirements are fulfilled through the following approach: A. Development and issuance of minimum program requirements, further describing the objective criteria for meeting requirements of law, rule, regulation, or professionally accepted methods or practices for the purpose of ensuring the quality, availability and effectiveness of services and activities. B. Utilization of a Minimum Reporting Requirements Notebook listing specific reporting formats, source documentation, timeframes and utilization needs for required local data compilation and transmission on program elements funded under this agreement. C. Utilization of annual program and budget instructions describing special program performance and funding policies and requirements unique to each State fiscal year. D. Execution of an agreement setting forth the basic terms and conditions for administration and local service delivery of the program elements. E. Emphasis and reliance upon service definitions, minimum program requirements, local budgets and projected output measures reports, State/local agreements, and periodic department on -site program management evaluation and audits, while minimizing local program plan detail beyond that needed for input on the State budget process. Special requirements are applicable for the program elements listed in the attached pages. Attachment IV Reimbursement Chart Program Element: The Program Element indicates currently funded Department programs that are included in the Comprehensive Local Health Department Agreement. Reimbursement Methods The Reimbursement Methods specifies the type of method used for each of the program element/funding sources. Funding under the Comprehensive Local Health Department Agreement can generally be grouped under four (4) different methods of reimbursement. These methods are defined as follows: A reimbursement method by which local agencies 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 prior to any utilization of local funds. Performance targets are negotiated starting from the last year's negotiated target and the most recent year's actual numbers except for programs in which caseload targets are directly tied to funding formulas/annual allocations. Other considerations in setting performance targets include changes in state allocations from past years, local fiscal and programmatic factors requiring adjustment of caseloads, etc. Once total performance targets are negotiated, a minimum state funded performance target percentage is applied (typically 90% unless otherwise specified). If local Grantee actual performance falls short of the expectation by a factor greater than the allowed minimum performance percentage, the state maximum allocation for cost reimbursement will be reduced equivalent to actual performance in relation to the minimum performance. Fixed Unit Rate Reimbursement A reimbursement method by which local health departments are reimbursed a specific amount for each output actually delivered and reported. L2: A reimbursement method by which local health departments are reimbursed a share of reasonable and allowable costs incurred for required Essential Local Public Health Services (ELPHS), as noted in the current Appropriations Act. Grant Reimbursement A reimbursement method by which local health departments 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 and a source before any local funding requirements unless a special local match condition exists. The Performance Level column specifies the minimum state funded performance target percentage for all program elements/funding sources utilizing the performance reimbursement method (see above). If the program elements/funding source utilizes a reimbursement method other than performance or if a target is not specified, N/A (not available) appears in the space provided. Performance Target Output Measures Performance Target Output Measure column specifies the output indicator that is applicable for the program elements/ funding source utilizing the performance reimbursement method. Output measures are based upon counts of services delivered. The Subrecipient, Contractor, or Recipient Designation column identifies the type of relationship that exists between the Department and grantee on a program -by -program basis. Federal awards expended as a subrecipient are subject to audit or other requirements of Title 2 Code of Federal Regulations (CFR). Payments made to or received as a Contractor are not considered Federal awards and are, therefore, not subject to such requirements. Subrecipient A subrecipient is a non -Federal entity that expends Federal awards received from a pass - through entity to carry out a Federal program, but does not include an individual that is a beneficiary of such a program; or is a recipient of other Federal awards directly from a Federal Awarding agency. Therefore, a pass -through entity must make case -by -case determinations whether each agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in the role of a subrecipient or a contractor. Subrecipient characteristics include: 0 Determines who is eligible to receive what Federal assistance; • Has its performance measured in relation to whether the objectives of a Federal program were met; • Has responsibility for programmatic decision making; • Is responsibility for adherence to applicable Federal program requirements specified in the Federal award; and • In accordance with its agreements uses the Federal funds to carry out a program for a public purpose specified in authorizing status as opposed to providing goods or services for the benefit of the pass -through entity. Contractor A Contractor is for the purpose of obtaining goods and services for the non -Federal entity's own user and creates a procurement relationship with the Grantee. Contractor characteristics include: • Provides the goods and services within normal business operations; • Provides similar goods or services to many different purchasers. • Normally operates in a competitive environment. • Provides goods or services that are ancillary to the operation of the Federal program; and • Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons. In determining whether an agreement between a pass -through entity and another non -Federal entity casts the latter as a subrecipient or a contractor, the substance of the relationship is more important than the form of the agreement. All of the characteristics listed above may not be present in all cases, and the pass -through entity must use judgment in classifying each agreement as a subaward or a procurement contract. Recipient A Recipient is for grant agreement with no federal funding. Amendment Schedule FY 2022 Original Agreement Amendment #1 - New Projects Only Amendment #2 Amendment #3 Key Terms Amendment Request Due Date Completed by Program office Completed by program office Anticipated Consolidation Date August 31, 2021 October 19, 2021 February 1, 2022 April 21, 2022 May 13, 2022 July 15, 2022 New Project Start / Effective Date October 1. 2021 November 1, 2021 May 1, 2022 August 1, 2022 • Amendment Request Due Date — The date amendment requests are due to the program office. a. Budget category amendment requests need to be submitted to the program office. • Anticipated Consolidation Date —The day the agreement (original/amendment) will be released to the health department for final signature. • New Project Start/Effective Date — The date new projects are expected to start, unless otherwise communicated by the program office. Gpv �cmmun�de esbn9 ocdmauo^ mon`Wnn9, antl.NraPa�Otlnd �1D-99 mob Zea»ng po GO cm9' preJsnuon gLG ponlod C ppV\p-19 tnfes��On ElC Fts9`Onal lab ,, m�nz\1an 8 aUaa de aeRamoe�\e "Sepn goehn en N1anH ;Ot& ov iatna\\ab@mtCnwan a e9adeb@�mchK3am F�an.9°4 pelaRambe\1et.G ov an 9 �Dan� nm@n��cn�9an.0°v PROJECT: COVID IMMUNIZATION Beginning Date: 10/1/2021 End Date: 9/30/2022 Project Synopsis: This grant should be directed to increase COVID vaccination within Michigan. will be used to support awardee and local Health Department (HD) staffing, communications campaigns, pandemic preparedness, mass vaccination and all COVID-19 vaccine response work. Reporting Requirements (if different than contract language) Completion of the Vaccination Situation Report. Any additional requirements (if applicable) Allowable expenses include staffing, communications, and supplies to support COVID-19 vaccination events, including PPE, vaccine refrigerators, data loggers, vaccine coolers, and indirect costs for COVID-19 related work. Are not allowable expenses: Vehicles purchasing, Food, Alcoholic beverages, Building purchases, construction, capital improvements, Entertainment Cost, Goods and services for personal use and Promotional and/or Incentive Material such as: Mugs/Cups, Pens, or Bags. PROJECT: COVID-19 Mobile Testing Beginning Date: 10/1/ 2021 End Date: 9/30/2022 Project Synopsis Mobile testing deployment to high -risk areas of need. Walk or drive up testing. Partnerships with community organizations. Eliminate barriers by offering no appointments or prescription. Testing and include vaccinations and health screening. Services include social determinant assessments and linkage to services and care. Reporting Requirements (if different than contract language) Quarterly Financial Status Reports (FSR) FSRs should be submitted no later than thirty (30) days after the close of each quarter and must reflect actual program expenditures, regardless of the source of funds. Quarterly Narrative Progress Report Submit quarterly narrative progress reports via email to Shronda Grigsby at Grigsbvsl (.Michiaan.gov in accordance with the following dates: Reporting Time Period Due Date October 1, 2021 — December 31, 2021 January 31, 2022 January 1, 2022 — March 31, 2022 April 30, 2022 April 1, 2022 — June 30, 2022 July 31, 2022 July 1, 2022 — September 30, 2022 October 31, 2022 Any additional requirements (if applicable) Ensure that activities implemented under this grant award are in accordance with established MDHHS program standards, as well as State and Federal policy and statutes, including HIPAA. 2. Adhere to timelines and work plans, budgets, and staffing plans submitted and approved by MDHHS. Deviations from approved timelines, work plans, budgets and staffing plans must receive advance authorization from MDHHS. Failure to make reasonable progress in program development may result in revocation or reduction of the grant award. 3. Collaborate with and build on other MDHHS COVID-19 response programs wherever possible, rather than duplicating or rebuilding efforts. 4. Ensure that services and materials are culturally and linguistically appropriate to meet the needs of the respective client populations. 5. Utilize results from the Social Vulnerability Index/mortality analysis from the State of Michigan at the census tract level for Southeast Michigan to help identify priority areas for the mobile testing program within high priority census tracts, and share data maps of COVID-19 "hot spots" with MDHHS. 6. Assess insurance status of each individual being tested. Bill relevant insurers, including private insurers, Medicaid health plans, and the Health Resources and Services Administration for COVID-19 testing costs when possible. 7. Store, refuel, and maintain vehicles to ensure optimum vehicle performance. Take all reasonable precautions to keep vehicles safe against fire, water, and traffic damage, and maintain cleanliness of the vehicles. Submit documentation and billing for storage, fuel, and maintenance reimbursement. 8. As part of any vaccination activities, follow all relevant MDHHS protocols, including record and account of all doses of vaccine administered in the Michigan Care Improvement Registry (MCIR) and assuring vaccines are stored at recommended temperatures at all times. a) Reports from temperature data logger showing temperatures within recommended range may be requested at any time by MDHHS. The terms below are in addition to the standard terms in the County Health Department Agreement, and apply only to this specific project: insurance Requirements. Grantee, at its sole expense, must maintain the insurance coverage identified below. All required insurance must: (i) protect the State from claims that arise out of, are alleged to arise out of, or otherwise result from Grantee's performance; (ii) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State; and (iii) be provided by a company with an A.M. Best rating of "A-" or better, and a financial size of VII or better. Required Limits ( Additional Requirements Commercial General Liability Insurance Minimum Limits: $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products/Completed Operations $2,000,000 General Aggregate Coverage must not have exclusions or limitations related to sexual abuse and molestation liability. I Automobile Liability Insurance Minimum Limits: Policy must include Hired and $1,000,000 Per Accident Non -Owned Automobile coverage. Workers' Compensation Insurance Minimum Limits: Waiver of subrogation, except Coverage according to applicable where waiver is prohibited by laws governing work activities law. Employers Liability Insurance Minimum Limits: $500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease Privacy and Security Liability (Cyber Liability) Insurance Minimum Limits: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate IMedical Malpractice Insurance Minimum Limits: $1,000,000 Each Occurrence $3,000,000 Annual Aggregate Policy must cover information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability. a) If any required policies provide claims -made coverage, the Grantee must: (i) provide coverage with a retroactive date before the Effective Date of the Grant or the beginning of Grant Activities; (ii) maintain coverage and provide evidence of coverage for at least three (3) years after completion of the Grant Activities; and (iii) if coverage is cancelled or not renewed, and not replaced with another claims - made policy form with a retroactive date prior to the Effective Date of this Grant, Grantee must purchase extended reporting coverage for a minimum of three (3) years after completion of work. b) Grantee must: (i) provide insurance certificates to the Grant Administrator, containing the agreement or delivery order number, at Grant formation and within twenty (20) calendar days of the expiration date of the applicable policies; (ii) require that subgrantees maintain the required insurances contained in this Section; (iii) notify the Grant Administrator within five (5) business days if any policy is cancelled; and (iv) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver. c) This Section is not intended to and is not to be construed in any manner as waiving, restricting, or limiting the liability of either party for any obligations under this Grant (including any provisions hereof requiring Grantee to indemnify, defend and hold harmless the State). PROJECT: ELC (Epi Lab Capacity) Contact Tracing, Testing Coordination, Monitoring, and Wraparound Services Beginning Date: 10/1/2021 End Date: 9/30/2022 Project Synopsis: For COVID-19 funding from ELC Supplemental for Case Investigations, Contact Tracing and wraparound services. The inability to meet the following metrics will elicit the following response from MDHHS related to this funding: • Technical assistance • Corrective action/performance improvement plans with MDHHS • Required support from MDHHS Any single procurement of over $4,000 should be vetted with MDHHS prior to purchase. Reporting Requirements (if different than contract language) Related to Case Investigation Quality: LHD's will meet the following objectives for COVID-19 Case Investigations including on weekends and holidays: • COVID 19 Case Interview Attempted on 90% of COVID-19 cases within 1 calendar day of referral to MDSS. • COVID 19 Cases Interviewed Completed on 75% of COVID-19 cases with 1 calendar day of referral to MDSS. • At least 1 contact elicited on 50% of COVID-19 cases within 1 calendar day of referral to MDSS. • Race and Ethnicity Documented on 75% of COVID-19 cases reported to MDSS within 7 days of referral date. LHD's will procure at least one tool to increase case investigation quality (people finding software, communications, printed materials for testing events, EMR access, etc.) This data will be reported in MDSS. Allowable expenses include staffing, IT, communications, computers and or phones or other office needs, access to people finding software or EMR, supports to cases for isolation and quarantine. Funding cannot be used for clinical care or research. Related to Contact Tracing: If the LHD elects to have MDHHS through its staff, contractors, or volunteers to conduct contract tracing or to conduct case investigations on the LHD's behalf, then: 1. The LHD will provide to MDHHS quality data on contacts especially related to age, phone number, and name; 2. The LHD will follow-up on high -risk contacts; 3. The LHD will follow-up on contacts who report symptoms consistent with COVID- 19; and 4. The LHD will follow-up on escalations from MDHHS staff on contacts with high - acuity needs or specific language barriers. 5. MDHHS will provide the LHD contact information for people with high -acuity needs or specific language barriers; 6. MDHHS will move contacts from MDHHS CRF to Traceforce; 7. MDHHS will attempt to eliminate duplicate contact information using name, phone number, and age; 8. MDHHS will contact contacts and cases within 1 calendar day of the contacts entry into the CRF 9. MDHHS will provide the LHD with the outcomes of all call attempts each day 10. MDHHS will discuss with the LHD specific barriers to contact tracing such as a high -refusal rate 11. MDHHS or its delegate will attempt an contact all contacts with 1 calendar day For local health departments: • Contacts to confirmed and probable COVID cases will be documented in the MDSS case report form. • 90% of newly elicited contacts have attempted outreach within 1 day. 90% of all contacts in active monitoring have outreach attempted for the contact's exposure period. • 50% of contacts will receive active monitoring. i LHD's will assess contacts needs for basic needs required for quarantine and isolation (food, etc.). LHD's will provide education to contacts on COVID public health recommendations. This data will be reported in Traceforce, OMS, or on the LHD Sit Rep. Allowable expenses include staffing, IT, communications, computers and or phones or other office needs, access to people finding software or EMR, supports to cases for isolation and quarantine. Funding cannot be used for clinical care or research. This funding can be used to staff testing events or assure testing strategies are completed. Wraparound Services This funding only may be used to support Isolation/Quarantine for families including rent, mortgage, utilities, groceries, etc. Any additional requirements (if applicable) PROJECT: ELC (Epi Lab Capacity) COVID-19 Infection Prevention Beginning Date: 10/1/2021 End Date: 9/30/2022 Project Synopsis: For COVID-19 funding from ELC CARES for Infection Prevention, Case Investigations, Contact Tracing, and violation monitoring. The inability to meet the following metrics will elicit the following response from MDHHS related to this funding: • Technical assistance • Corrective action/performance improvement plans with MDHHS • Required support from MDHHS Any single procurement of over $4,000 should be vetted with MDHHS prior to purchase. Reporting Requirements (if different than contract language) Related to Infection Prevention: The LHD will designate a staff member or members responsible for leading infection control assessments. The LHD will share the contact information of their infection control lead(s) with the MDHHS Infection Prevention and Resource and Assessment Team (iPRAT) for coordination purposes at MDHHS-IPRATna michioan.aov. LHDs shall submit ICARs to MDHHS at httos:lfdhhshivstd.ladl.aualtrics.comtifelform/SV OdNux70o256K6B7 This data will be reported quarterly and sent to program office via email. Allowable expenses include staffing, IT, communications, computers and or phones or other office needs. Funding cannot be used for clinical care or research. Any additional requirements (if applicable) PROJECT: ELC Regional Lab Beginning Date: 10/1/2021 End Date: 9/30/2022 Project Synopsis ELC Regional Lab funds are dedicated to developing lab, epi, and other public health efforts to modernize and expand testing and response capabilities of pandemics with special emphasis on the responses to COVID-19. The Regional laboratory system is intended to serve as a "hub -and -spoke" model in conjunction with the state public health laboratory to rapidly respond to community needs. Funding is expected in personnel, equipment, overhead (discreationary of county or district needs if in support of public health), and lab supplies/consumables or materials that directly support sampling for return to the lab. Reporting Requirements (if different than contract language) None, but sites may be asked to provide tally counts of testing if not directly available from Starl-IMS or to answer occasional question from CDC on capabilities. Any additional requirements (if applicable) age fioT further exP\anatson °{ 2 struct'Ons Pack 112p2 def\nitro and budget in FY 2p2 element b\e, orK{or e avada YES. FrameW nt an Pro, er Sher grate FOG�NG and Budget feeTne d P ars actua\ nuff'b elements fotmefxts Wi\\ d Refe n fehen ent m \ete Y o{ e a lus ce se al er to master hesepCe'mbursem o{ the Past °Come on cp1umn b, k\-\e ors tosea�e�tt� t'ped°rman ba bi Ref bi\itY °{ average ectat+ tjme aPPlica ante ExPpGH 0410, DHHS feimb {rom the to t, column' eg°gated staftog the „-`ota\ a; eyp nd tbufeoca\ funds and n,f, by the „ percen arding these °l N 1cu\aced by p41p `t, ne 24etUuiPment funded Y et Perfof'm cola fiurther explanation reg Ga QGH \e c° - erg e for dl fma ingot u un t rate, staffingi ate Funded E\emer\ °Mons Pac Kag e St stru p.E., fixed the agreement and budget in Ga\cu\aced by n uitipiYing e) master comPTehensve Refer nations prppess eats s+g etmg e\em de during b, n e single s \tision are X H ord anon. \ndividual Pf�ea ng anMeoO'kveentfoT�'tpurceslV�ed Mil' g. {of Goor at+on to be renotta singe nave o{ Eff 'and o her earmarKed S t Caseload esNglag een1ent {undkng max Mull) rce �l j Flunde g o grate f T, st ource foal costs•e \i1\ be th a 1 fiof ba - °h $3 of �DH er Nlv test co" ducted uP ea funds• Sem l51 Subte funding lssub�ect to a ement tarp or in-KIndl 11 00 P ta\ a\\oca 10O% t61 gated unit rate ce fe�rnbursme,t lbard ursed at $ access the+r to ect to a e fforman recOre amount. be reimb to a°c 1s Sub\ ent -the p a match ontract is vdii\ X users ne 30 and e Pgreem k1i 5 (a) Sub'jelk to rate \1mv 5as per fam`Hea\th Depart nen entage °erst\e expended bYEPI Goof -? Column for 10) F x six �6i fiunded um per' X us 1 m t be do PH Rep rt l 111� up tocateg°r\ca\\,l serve a ni+ti+ ne fora\ fit\a,`ng BP Prepare es $ atus o (12i of $2 pp0 a ate agency b� used to dne s �P ENe�unaith EmeaaU fteTw nCl Financ a\ Each deleg R data vvtU c p fepare the Pub\+c budget and annuaPp'?' aEmerges sPecBled' �. ne-month b 114� public u. ,ernenmust subM` k a GdOne• \"Rent. pro9fam e\em tember 30, eratNe COOP and 36iy do ss �pH�ort SRl er 1-dune e�cy prepaiai Skates ReP pctob nerg Wane funding {Ob\ic Health a ua�er\y p $� ess `pHEP a in the hu udgek and a a Sectxon Zoo u\renents ° preParedn as speCthree-m°n b by Tit\e 2 CFR, d Sped�fic Req ergen y uireme bnj\k a defined tan an ub\\e Heel oo match`NOs must su t cr\kef\a as m Assura �15) P ub�ect to t Guidance' m e1emenk. De 46 oen enk \\\ - progra A9reem {or this Pr°Research and din Pktachn' co\umn eeks the speG1fie prof llk cab\atch requirement as th ency 11 81 sub\eck ko m may not e p\y to �s ag l�p�E Some{O°motes Version. Comprehensive MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES FY 21/22 AGREEMENT ADDENDUM A This addendum adds the following section to Part I and Renumbers existing 11 Special Certification to 12 and existing 12 Signature Section to 13: Part I 11. Agreement Exceptions and Limitations, Notwithstanding any other term or condition in this Agreement including, but not limited to, any provisions related to any services as described in the Annual Action Plan, any Contractor (Oakland County) services provided pursuant to this Agreement, or any limitations upon any Department funding obligations herein, the Parties specifically intend and agree that the Contractor may discontinue, without any penalty or liability whatsoever, any Contractor services or performance obligations under this Agreement when and if it becomes apparent that State or Department funds for any such services will be no longer available. Notwithstanding any other term or condition in this Agreement, the Parties specifically understand and agree that no provision in this Agreement shall operate as a waiver, bar or limitation of any kind, on any legal claim or right the Contractor may have at any time under any Michigan constitutional provision or other legal basis (e.g., any Headlee Amendment limitations) to challenge any State or Department program funding obligations; and, the parties further agree that no term or condition in this Agreement is intended and no such provision shall be argued to state or imply that the Contractor voluntarily assumed or undertook to provide any services as described in the Annual Action Plan, and thereby, waived any rights the Contractor may have had under any legal theory, in law or equity, without regard to whether or not the Contractor continued to perform any services herein after any State or Department funding ends. 2. This addendum modifies the following sections of Part II, General Provisions: Part II Responsibilities -Contractor J. Software Compliance. This section will be deleted in its entirety and replaced with the following language: Version: Comprehensive The Michigan Department of Health and Human Services and the County of Oakland will work together to identify and overcome potential data incompatibility problems. III. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. Health Insurance Portabilitv and Accountability Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Contractor agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated there under. IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided by law neither Party shall be obligated to the other, or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. 2 Version: Comprehensive MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES FY 21122 AGREEMENT ADDENDUM A This addendum adds the following section to Part I and Renumbers existing 11 Special Certification to 12 and existing 12 Signature Section to 13: Part I 11. Agreement Exceptions and Limitations Notwithstanding any other term or condition in this Agreement including, but not limited to, any provisions related to any services as described in the Annual Action Plan, any Contractor (Oakland County) services provided pursuant to this Agreement, or any limitations upon any Department funding obligations herein, the Parties specifically intend and agree that the Contractor may discontinue, without any penalty or liability whatsoever, any Contractor services or performance obligations under this Agreement when and if it becomes apparent that State or Department funds for any such services will be no longer available. Notwithstanding any other term or condition in this Agreement, the Parties specifically understand and agree that no provision in this Agreement shall operate as a waiver, bar or limitation of any kind, on any legal claim or right the Contractor may have at any time under any Michigan constitutional provision or other legal basis (e.g., any Headlee Amendment limitations) to challenge any State or Department program funding obligations; and, the parties further agree that no term or condition in this Agreement is intended and no such provision shall be argued to state or imply that the Contractor voluntarily assumed or undertook to provide any services as described in the Annual Action Plan, and thereby, waived any rights the Contractor may have had under any legal theory, in law or equity, without regard to whether or not the Contractor continued to perform any services herein after any State or Department funding ends. 2. This addendum modifies the following sections of Part II, General Provisions: Part II Responsibilities -Contractor J. Software Compliance. This section will be deleted in its entirety and replaced with the following language: Version: Comprehensive The Michigan Department of Health and Human Services and the County of Oakland will work together to identify and overcome potential data incompatibility problems. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. Health Insurance Portabilitv and Accountabilitv Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Contractor agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated there under. IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided by law neither Party shall be obligated to the other, or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions.