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
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0utlgel Summary
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ToW Program Expenses
ITOTAE MRECT EXPENSES
INDIRECT EXPENSES
lMpedcosts
'Indirect ioata
Cther Ceste DIADm100ns
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ITOTAUNDIRECT EXPfNSES
TOTAL EXPEUCHFURES
8341900
8341900.1
000
ODD
0
34,20200'
26202,001
OM
000
2S,275.00,
23,2750Q -
_-- 00e, -
- eon
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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(
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-
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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
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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 _'
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000'
000
ELPHS—I40CH VNsen
000
000
000
Oo-0
ELPHS—MDCH Other
0OO
p00
000i
0.00
ELPHS—Fond
000
000
D00
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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
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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}
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owablewith,
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funds
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sfunds !
funds
funds- p
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materials)
Audit Fees
✓
BRFSS stirvev
Committae tneethngs hnam rental,
cquipmCnt rental, etc.)
J
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✓
Communication (etectronic, computer
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✓
✓ !
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long distance telephone)
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✓
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✓
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✓ --
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y`
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immunization prf7$Tar175)
J
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Local Service del iveery ACit Vines
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i'vlaintenan:ce otterauetttrenairs
✓
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Malpractice lnsuranro for Volunteers
�4e'tttherships�rSuE*srriptiuns
J
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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
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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.
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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)
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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.