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Home My WebLink AboutResolutions - 2023.01.26 - 37852 AGENDA ITEM: with Oakland Livingston Human Service Agency for the FY 2023 Women, Infants and Children (WIC) Services 23-14 ITEM CATEGORY: Subrecipient Agreement COMMITTEE MEETING: Board of Commissioners DATE: Thursday, January 26, 2023 6:21 PM - Click to View Agenda ITEM SUMMARY SHEET DEPARTMENT SPONSORED BY Health & Human Services Penny Luebs INTRODUCTION AND BACKGROUND The Special Supplemental Nutrition Program for Women, Infants, and Children - better known as the WIC program - serves to safeguard the health of low-income pregnant, postpartum, and breastfeeding women, infants, and children up to age 5 who are at nutritional risk by providing nutritious foods to supplement diets, information on healthy eating including breastfeeding promotion and support, and referrals to health care. This is a request to approve a subrecipient agreement with Oakland Livingston Human Services Agency for services provided to WIC program participants. COMMITTEE REPORT TO BOARD Resolution #2023-2447 WHEREAS Miscellaneous Resolution (MR) #22327 approved the Fiscal Year (FY) 2023 Michigan Department of Health and Human Services (MDHHS) Local Health Department (Comprehensive) Agreement in the amount of $11,782,611 for the period October 1, 2022 through September 30, 2023 with the Health Division; and WHEREAS a portion of the grant award, in the amount of $468,551 will be used to reimburse Oakland Livingston Human Service Agency (OLHSA) for services provided to Woman, Infants and Children (WIC) program participants; and WHEREAS of the $468,551, $402,505 will be used for reimbursement of WIC Residential Services and $66,046 for reimbursement of WIC Breastfeeding and Peer Counseling services; and WHEREAS the Health Division drafted a Subrecipient Agreement (Attachment A) for FY 2023 with OLHSA; and WHEREAS OLHSA has agreed to the terms included within the Subrecipient Agreement; and WHEREAS the Local Health Department (Comprehensive) Agreement has completed the Grant Review Process in accordance with the Grants Policy approved by the Board at their January 21, 2021 meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Subrecipient Agreement with OLHSA and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED a budget amendment is not required. POLICY ANALYSIS BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Leigh-Anne Stafford, Director Health & Human Services-APP staffordl@oakgov.com ITEM REVIEW TRACKING Penny Luebs, Created/Initiated - 1/26/2023 David Woodward, Board of Commissioners Approved - 1/26/2023 Hilarie Chambers, Executive's Office Approved - 1/28/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 2/2/2023 AGENDA DEADLINE: 01/26/2023 7:06 PM COMMITTEE TRACKING 2023-01-17 Public Health & Safety - Recommend to Board 2023-01-26 Full Board - Adopted ATTACHMENTS 1. Grant Review Sign-Off 2. FY2023 OLHSA Subaward Agreement_LMC 12.12.22 January 26, 2023 RESOLUTION #2023-2447 _ 23-14 Sponsored By: Penny Luebs Health & Human Services - with Oakland Livingston Human Service Agency for the FY 2023 Women, Infants and Children (WIC) Services Chair and Members of the Board: WHEREAS Miscellaneous Resolution (MR) #22327 approved the Fiscal Year (FY) 2023 Michigan Department of Health and Human Services (MDHHS) Local Health Department (Comprehensive) Agreement in the amount of $11,782,611 for the period October 1, 2022 through September 30, 2023 with the Health Division; and WHEREAS a portion of the grant award, in the amount of $468,551 will be used to reimburse Oakland Livingston Human Service Agency (OLHSA) for services provided to Woman, Infants and Children (WIC) program participants; and WHEREAS of the $468,551, $402,505 will be used for reimbursement of WIC Residential Services and $66,046 for reimbursement of WIC Breastfeeding and Peer Counseling services; and WHEREAS the Health Division drafted a Subrecipient Agreement (Attachment A) for FY 2023 with OLHSA; and WHEREAS OLHSA has agreed to the terms included within the Subrecipient Agreement; and WHEREAS the Local Health Department (Comprehensive) Agreement has completed the Grant Review Process in accordance with the Grants Policy approved by the Board at their January 21, 2021 meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Subrecipient Agreement with OLHSA and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: January 26, 2023 David Woodward, Commissioner Date: January 28, 2023 Hilarie Chambers, Deputy County Executive II Date: February 02, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-01-17 Public Health & Safety - Recommend to Board 2023-01-26 Full Board - Adopted VOTE TRACKING Motioned by Commissioner Robert Hoffman seconded by Commissioner Yolanda Smith Charles to adopt the attached Subrecipient Agreement: with Oakland Livingston Human Service Agency for the FY 2023 Women, Infants and Children (WIC) Services. Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (17) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Grant Review Sign-Off 2. FY2023 OLHSA Subaward Agreement_LMC 12.12.22 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 26, 2023, 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 Thursday, January 26, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds GRANT REVIEW SIGN-OFF – Health & Human Services / Health Division GRANT NAME: FY 2023 Local Health Department (Comprehensive) Agreement FUNDING AGENCY: Michigan Department of Health & Human Services DEPARTMENT CONTACT: Stacey Smith 248-4522151 STATUS: Grant Amendment #1 (less than 15%) DATE: 12/21/2022 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant amendment package (which should include this sign-off and the grant amendment with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant amendment by Board resolution. DEPARTMENT REVIEW Corporation Counsel: Approved. – Sharon Kessler (12/16/2022) _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 1 of 20 FY 2023 MDHHS LOCAL HEALTH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Unique Entity Identifier #:J25FVSQGPKM1 This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and Oakland Livingston Human Service Agency (OLHSA), 196 Cesar E. Chavez Ave., Pontiac, Michigan 48343-0598, a Michigan Municipal Corporation ("Subrecipient"). The County and Subrecipient shall be collectively referred to as the “Parties.” Part I 1.Purpose: The Parties enter into this Agreement for the purpose of delineating their relationship and responsibilities regarding the County’s use of Grant funds to reimburse the Subrecipient to implement WIC Resident and WIC Breastfeeding Peer Counseling Services. The County has entered into a Grant Agreement with the State of Michigan (State) where the County is eligible to receive reimbursement for facilitating the delivery of public health services to the citizens of Michigan within its jurisdiction. The County intends to use a portion of the Grant funds to reimburse the Subrecipient, as described below, subject to the terms and conditions of this Agreement. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 2.Period of Agreement: This Agreement will commence on January 1, 2023 and continue through September 30, 2023. No service will be provided and no costs to the County will be incurred by the Subrecipient outside the Period of the Agreement. This Agreement is in full force and effect for the period specified. _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 2 of 20 3.Program Budget and Agreement Amount: A.Agreement Amount The total amount of the federal award committed to the Subrecipient under this Agreement is not to exceed $468,551, and is allocated as follows: •$66,046– WIC Breastfeeding Peer Counseling Funding to fund 1.5 FTE peer counseling time and does not include supervisor or mentor time. Oakland County Health Division WIC program will provide Oakland Livingston Human Service Agency’s IBCLC services. •$402,505 – WIC Resident Services and reflects a budget submitted by OLHSA and approved by OCHD and State WIC to achieve an average monthly caseload of 3,645. Any adjustment to the total amount of this Agreement, must be made in writing and executed by all parties to this Agreement before the modifications can be implemented. The grant Agreement is designated as a: X Subrecipient relationship (federal funding); or Recipient (non-federal funding). The grant Agreement is designated as: Research and development project; or X Not a research and development project. B.Identification of Federal Dollars Awarded CFDA Title: Special Supplemental Nutrition Program for Women, Infants and Children CFDA Number: 10.557 Award Name: Women Infants and Children Award Number (FAIN): 232MI003W1003 Award Date: 10/18/22 CFDA Number: 10.557 Award Name: Women Infants and Children Breastfeeding Peer Counseling Program Award Number (FAIN): 232MI013W5003 Federal Agency Name: USDA Food and Nutrition Services Awarding Official Contact Information: Cecilia Hutson, Manager, Financial Management & _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 3 of 20 FMNP Section Period of Performance: October 1, 2022, through September 30, 2023 Pass Through Entity (PTE): Michigan Department of Health & Human Services (MDHHS) MDHHS Indirect Cost Rate: 10% De Minimis C.Equipment Purchases and Title Subrecipient will not purchase capital assets or equipment using funds from this Agreement without the approval of the County. 4.Statement of Work: The Subrecipient agrees to undertake, perform and complete the services described in Attachment A, which is part of this Agreement through reference. 5.Financial Requirements: The financial requirements shall be followed as described in Part II of this Agreement and Attachments B1 through B4, which are part of this Agreement. 6.Performance/Progress Report Requirements: The progress reporting methods shall be followed as described in Part II and Attachment C, which are part of this Agreement. 7.General Provisions: The Subrecipient agrees to comply with the General Provisions outlined in Part II, which are part of this Agreement. The Subrecipient also agrees that it will comply with all of the terms and conditions of the County’s Grant Agreement with the State (Grant Agreement) , which is included and incorporated into this Agreement as Attachment F. In the event of a conflict between the Grant Agreement and this Agreement or any subcontract, the provisions of the Grant Agreement will prevail. 8.Administration of the Agreement: The person acting for the County in administering this Agreement (hereinafter referred to as the Project Manager) is: Lisa McKay-Chiasson, Public Health Administrator (248) 858-1395 mckay- chiassonl@oakgov.com _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 4 of 20 9.Subrecipient's Financial Contact for the Agreement: The person acting for the Subrecipient on the financial reporting for this Agreement is: Name: Charles Blake, Deputy Director for Financial Compliance E-Mail Address: Charlesb@olhsa.org Telephone No.: (248) 209-2632/210-8025 10.Special Conditions: A.This Agreement is valid upon approval and execution by the County and Signature by the Subrecipient. B.This Agreement is conditionally approved subject to and contingent upon the availability of funds. C.The County will not assume any responsibility or liability for costs incurred by the Subrecipient prior to the signing of this Agreement. Upon signature by all parties, the Agreement shall be effective for the period specified in Section 2., Period of Agreement above. Part II General Provisions 1.Responsibilities - Subrecipient The Subrecipient in accordance with the general purposes and objectives of this Agreement shall: A.Royalty Free Rights to Use Software or Documentation Developed Agree that the federal government reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes, the copyright in any work developed under a grant, subgrant, or contract under grant or subgrant or any rights of copyright to which a contractor purchases ownership. B.Fees Guarantee that any claims made to the County under this Agreement shall not be financed by any sources other than the County under the terms of this Agreement. If funding is received through any other source, the Subrecipient agrees to budget the additional source of funds and reflect the source of funding on the Financial Status Report. C.Grant Program Operation Provide the necessary administrative, professional, and technical staff for operation of the grant program. The Subrecipient must obtain and maintain all necessary licenses, permits, _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 5 of 20 and insurances under Part II.1.L, and any other authorizations necessary for the performance of this Agreement. D.Reporting Utilize all report forms and reporting formats required by the County at the effective date of this Agreement and provide the County with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E.Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation, to support program activities and all expenditures made under the terms of this Agreement, as required. The Subrecipient must assure that all terms of the Agreement will be appropriately adhered to and that records and detailed documentation for the grant project or grant program identified in this Agreement will be maintained for a period of not less than four years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. This Section applies to Subrecipient, any parent, affiliate, or subsidiary organization of Subrecipient, and any subcontractor that performs Agreement activities in connection with this Agreement. F.Audit and Access to Records Subrecipient certifies by signing this Agreement that it complies with regulations set forth in Title 2 Code of Federal Regulations (CFR) Part 200 and will provide notice of the completion of required audits and any adverse findings which impact this subaward as required by parts 200.501-200.521 and will provide access to records as required by parts 200.336, 200.337 and 200.201, as applicable. The County, MDHHS or federal agencies may also conduct or arrange for “agreed upon procedures” or additional audits to meet their needs. G.Notification of Modifications Provide timely notification to the County, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. H.Mandatory Disclosures i.Disclose to the County in writing within 14 days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, “Proceeding”) involving Subrecipient, a subcontractor, or an officer or director of Subrecipient or subcontractor, or that arises during the term of this Agreement including: _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 6 of 20 1.All violations of federal and state criminal law involving fraud, bribery, or gratuity violations potentially affecting the Agreement. 2.A criminal Proceeding. 3.A parole or probation Proceeding. 4.A Proceeding under the Sarbanes-Oxley Act. 5.A civil Proceeding involving: a.A claim that might reasonably be expected to adversely affect Subrecipient’s viability or financial stability; or b.A governmental or public entity’s claim or written allegation of fraud; or c.Any complaint filed in a legal or administrative proceeding alleging the Subrecipient or its subcontractors discriminated against its employees, subcontractors, vendors, or suppliers during the term of this Agreement. 6.A Proceeding involving any license that Subrecipient is required to possess in order to perform under this Agreement. ii.Notify the County, at least 90 calendar days before the effective date, of a change in Subrecipient’s ownership or executive management I.Statement of Work Progress Reports Reserved J.Conflict of Interest and Code of Conduct Standards i.The Subrecipient is subject to the provisions of 1968 PA 317, as amended, 1973 PA 196, as amended, and Title 2 Code of Federal Regulations, Section 200.318 (c) (1) and (2). ii.The Subrecipient will uphold high ethical standards and is prohibited from: 1.Holding or acquiring an interest that would conflict with this Agreement. 2.Doing anything that creates an appearance of impropriety with respect to the award or performance of this Agreement. 3.Attempting to influence or appearing to influence any County employee by the direct or indirect offer of anything of value; or 4.Paying or agreeing to pay any person, other than employees and consultants working for Subrecipient, any consideration contingent upon the award of this Agreement. iii.Immediately notify the County of any violation or potential violation of these standards. This Section applies to Subrecipient, any parent, affiliate, or subsidiary _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 7 of 20 organization of Subrecipient, and any subcontractor that performs activities in connection with this Agreement. K.Travel Costs i.Be reimbursed for travel cost (including mileage, meals, and lodging) budgeted and incurred related to services provided under this Agreement. 1.If the Subrecipient has a documented policy related to travel reimbursement for employees and if the Subrecipient follows that documented policy, the County will reimburse the Subrecipient for travel costs at the Subrecipient’s documented reimbursement rate for employees. Otherwise, the State of Michigan reimbursement rate for applies. 2.State of Michigan travel rates may be found at the following website: http://www.michigan.gov/dtmb/0.5552.7-150- 9141_13132-.00.html. 3.International travel must be preapproved by the County and itemized in the budget. L.Insurance Requirements i.Maintain a minimum of the insurances or governmental self-insurances listed below and be responsible for all deductibles. All required insurance or self- insurance must: 1.Protect the state of Michigan and the County from claims that may arise out of, are alleged to arise out of, or result from Subrecipient or a subcontractor’s performance. 2.Be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the state and County; and 3.Be provided by a company with an A.M. Best rating of “A” or better and a financial size of VII or better. ii.Insurance Types 1.Commercial General Liability Insurance or Governmental Self- Insurance: Except for Governmental Self-Insurance, policies must be endorsed to add “the County of Oakland, and its officers, directors, employees, appointees, and commissioners” and “the state of Michigan, its departments, divisions, agencies, office, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 2010 _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 8 of 20 12 19 and CG 20 37 12 19. 2.If the Subrecipient will interact with children, schools, or the cognitively impaired, the Subrecipient must maintain appropriate insurance coverage related to sexual abuse and molestation liability. 3.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. 4.Employers Liability Insurance or Governmental Self-Insurance. 5.Privacy and Security Liability (Cyber Liability) Insurance: cover information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability. iii.At all times during this Agreement, the Subrecipient shall obtain and maintain insurance according to this Section and the specific County requirements listed in Attachment E, which is incorporated into this Agreement. iv.Subrecipient must require that subcontractors maintain the required insurances contained in this Section. v.This Section is not intended to and is not to be construed in any manner as waiving, restricting or limiting the liability of the Subrecipient from any obligations under this Agreement. vi.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. M.Fiscal Questionnaire i.Submit yearly fiscal questionnaire to the County by the 15th of December. ii.The fiscal questionnaire template will be provided by Oakland County Fiscal Services. N.Criminal Background Check i.Conduct or cause to be conducted a search that reveals information similar or substantially similar to information found on an Internet Criminal History Access Tool (ICHAT) check and a national and state sex offender registry check for each new _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 9 of 20 employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, works directly with clients or has access to client information. 1.ICHAT: http://apps.michigan.gov/ichat 2.Michigan Public Sex Offender Registry: http://www.mipsor.state.mi.us 3.National Sex Offender Registry: http://www.nsopw.gov ii.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. 1.Central Register: https://www.michigan.gov/mdhhs/0,5885,7-339- 73971_7119_50648_48330-180331--,00.html. iii.Require each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, works directly with clients or who has access to client information to notify the Subrecipient in writing of criminal convictions (felony or misdemeanor), pending felony charges, or placement on the Central Registry as a perpetrator, at hire or within 10 days of the event after hiring. iv.Determine whether to prohibit any employee, subcontractor, subcontractor employee, or volunteer from performing work directly with clients or accessing client information under this Agreement, based on a positive ICHAT response or reported criminal felony conviction or perpetrator identification . v.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. vi.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. 2.Responsibilities - County The County in accordance with the general purposes and objectives of this Agreement will: A.Reimbursement Provide reimbursement in accordance with the terms and conditions of this Agreement based _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 10 of 20 upon appropriate reports, records, and documentation maintained by the Subrecipient. B.Report Forms Provide any report forms and reporting formats required by the County at the effective date of this Agreement and provide to the Subrecipient any new report forms and reporting formats proposed for issuance thereafter at least 90 days prior to their required usage in order to afford the Subrecipient an opportunity to review. 3.Assurances The following assurances are hereby given to the County: A.Compliance with Applicable Laws The Subrecipient will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this Agreement. The Subrecipient will also comply with all applicable general administrative requirements, such as Title 2 Code of Federal Regulations (CFR) covering cost principles, grant/agreement principles, and audits, in carrying out the terms of this Agreement. The Subrecipient will comply with all applicable requirements in the original grant awarded to the County. The County may determine that the Subrecipient has not complied with applicable federal or state laws, guidelines, rules, and regulations in carrying out the terms of this Agreement and may then terminate this Agreement under Part II, Section 4, G. Agreement Termination. B.Anti-Lobbying Act The Subrecipient will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, Federal Acquisition Regulations 52.203.11 and 52.203.12, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies section of the current FY Omnibus Consolidated Appropriations Act. Further, the Subrecipient shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C.Non-Discrimination i.The Subrecipient must comply with MDHHS’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 Subrecipient further agrees _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 11 of 20 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. ii.The Subrecipient will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: 1.Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination based on race, color or national origin. 2.Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination based on sex. 3.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination based on disabilities. 4.The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination based on age. 5.The Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination based on drug abuse. 6.The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination based on alcohol abuse or alcoholism. 7.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. 8.Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and 9.The requirements of any other nondiscrimination statute(s) which may apply to the application. iii.Additionally, assurance is given to the County that proactive efforts will be made to identify and encourage the participation of minority-owned and women-owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Subrecipient shall incorporate language in all contracts awarded under this _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 12 of 20 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 Subrecipient will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: i.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor. ii.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 or private transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice. iii.Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2. iv.Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default; and v.Have not committed an act of so serious or compelling a nature that it affects your present responsibilities. E.Federal Requirement: Pro-Children Act i.The Subrecipient will comply with the Pro-Children Act of 1994 (P.L. 103-227; 20 USC 6081, et seq.), which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development activities, education or library activities to children under the age of 18, if the activities are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to 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 _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 13 of 20 applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Subrecipient also assures that this language will be included in any subawards which contain provisions for children’s activities. ii.The Subrecipient also assures, in addition to compliance with Public Law 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 Subrecipient. If activities are delivered in facilities or areas that are not under the control of the Subrecipient (e.g., a mall, restaurant or private work site), the activities shall be smoke-free. F.Hatch Political Activity Act and Intergovernmental Personnel Act The Subrecipient will comply with the Hatch Political Activity Act, 5 USC 1501-1508 and 7321-7326, and the Intergovernmental Personnel Act of 1970 (PL 91-648), as amended by Title VI of the Civil Service Reform Act of 1978 (PL 95-454). Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted programs. G.National Defense Authorization Act Employee Whistleblower Protections The Subrecipient will comply with 41 USC 4712 and shall insert this clause in all subcontracts. H.Clean Air Act and Federal Water Pollution Control Act The Subrecipient will comply with the Clean Air Act (42 U.S.C. 7401-7671(q)) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. i.This Agreement and anyone working on this Agreement will be subject to the Clean Air Act and Federal Water Pollution Control Act and must comply with all applicable standards, orders or regulations issued pursuant to these Acts. Violations must be reported to the County. I.Trafficking Victims Protection Act The Subrecipient will comply with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), as amended. i.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 _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 14 of 20 pursuant to this Act. Violations must be reported to the County. J.Procurement of Recovered Materials The Subrecipient will comply with section 6002 of the Solid Waste Disposal Act of 1965 (P.L. 89-272), as amended. i.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 County. K.Procurement i.Subrecipient will ensure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of Title 2 Code of Federal Regulations, Part 200. ii.Funding from this Agreement shall not be used for the purchase of foreign goods or services or both. iii.Preference must be given to goods and services manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. iv.Preference must be given to goods and services that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively bid and of comparable quality. v.Records must 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 Agreement period. L.Health Insurance Portability and Accountability Act To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is applicable to the Subrecipient under this Agreement, the Subrecipient assures that it is in compliance with requirements of HIPAA including the following: i.The Subrecipient must not share any protected health data and information provided by the County that is covered by HIPAA except as permitted or required by applicable law, or to a subcontractor as appropriate under this Agreement. ii.The Subrecipient will ensure that any subcontractor will have the same obligations as the Subrecipient not to share any protected health data and information from the County that falls under HIPAA requirements in the terms and conditions of the subcontract. _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 15 of 20 iii.The Subrecipient must only use the protected health data and information for the purposes of this Agreement. iv.The Subrecipient must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Subrecipient’s employees. v.The Subrecipient must have a policy and procedure to immediately report to the County any suspected or confirmed unauthorized use or disclosure of protected health information that falls under the HIPAA requirements of which the Subrecipient becomes aware. The Subrecipient will work with the County to mitigate the breach and will provide assurances to the County of corrective actions to prevent further unauthorized uses or disclosures. The County may demand specific corrective actions and assurances and the Subrecipient must provide the same to the County. vi.Failure to comply with any of these contractual requirements may result in the termination of this Agreement in accordance with Part II, Section 4, G. Agreement Termination. vi. In accordance with HIPAA requirements, the Subrecipient is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information, including without limitation, the County’s and/or state’s costs in responding to a breach, received by the Subrecipient from the State, County, or any other source. vii.The Subrecipient will enter into a business associate agreement should the County determine such an agreement is required under HIPAA. M.Website Incorporation The County is not bound by any content on Subrecipient’s website or other internet communication platforms or technologies, unless expressly incorporated directly into this Agreement. The County is not bound by any end user license agreement or terms of use unless specifically incorporated in this Agreement or any other agreement signed by the County. The Subrecipient may not refer to the County on the Subrecipient's website or other internet communication platforms or technologies without the prior written approval of the _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 16 of 20 County. N.Survival The provisions of this Agreement that impose continuing obligations will survive the expiration or termination of this Agreement. O.Non-Disclosure of Confidential Information i.The Subrecipient agrees that it will use Confidential Information solely for the purpose of this Agreement. The Subrecipient agrees to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontracts of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purpose whatsoever other than the performance of this Agreement. The Subrecipient must take all reasonable precautions to safeguard the Confidential Information. These precautions must be at least as great as the precautions the Subrecipient takes to protect its own confidential or proprietary information. ii.Meaning of Confidential Information For the purpose of this Agreement the term “Confidential Information” means all information and documentation that: 1.Has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party. 2.If disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning. 3.Should reasonably be recognized as confidential information of the disclosing party. 4.Is unpublished or not available to the general public; or 5.Is designated by law as confidential. iii.The term “Confidential Information” does not include any information or documentation that was: 1.Subject to disclosure under the Michigan Freedom of Information Act (FOIA). 2.Already in the possession of the receiving party without an obligation of confidentiality. 3.Developed independently by the receiving party, as demonstrated by _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 17 of 20 the receiving party, without violating the disclosing party’s proprietary rights. 4.Obtained from a source other than the disclosing party without an obligation of confidentiality; or 5.Publicly available when received or thereafter became publicly available (other than through an unauthorized disclosure by, through or on behalf of, the receiving party). iv.The Subrecipient must notify the County within one (1) business day after discovering any unauthorized use or disclosure of Confidential Information. The Subrecipient will cooperate with the County in every way possible to regain possession of the Confidential Information and prevent further unauthorized use or disclosure. 4.Financial Requirements A.Requests for Reimbursement i.Invoices shall be prepared and submitted to the Project Manager using forms provided by the County. Invoices must be submitted on a monthly basis, no later than fifteen (15) days after the close of each calendar month. The monthly invoice must reflect total actual program expenditures, regardless of the source of funds. Failure to meet financial reporting responsibilities as identified in this Agreement may result in withholding future payments. ii.By submitting the invoice, the individual is certifying to the best of their knowledge and belief that the information included therein is true, complete and accurate and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of this Agreement. The individual submitting the invoice should be aware that any false, fictitious, or fraudulent information, or the omission of any material facts, may subject them to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. B.Requests for an Amendment to Budget i.A request for an amendment can be submitted at any time up until June 1, 2023. ii.A written request for a budget amendment with revised budget pages is required when there is a change in a budget category over $5,000 or 15% of the category, whichever constitutes the greater amount. The deviation allowance does not authorize new categories or line items within the category. iii.A determination of approval, disapproval or pending status will be sent within 10 business days or comments/questions if further clarification is required. _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 18 of 20 iv.Submit amendment requests to Lisa McKay-Chiasson at mckay- chiassonl@oakgov.com. For questions, call 248-858-1395, Lisa McKay-Chiasson. C.Reimbursement Method The Grantee will be reimbursed in accordance with the staffing grant reimbursement method as follows: i.Reimbursement from the County is based on the understanding that County funds will be paid up to the total County allocation as agreed to in the approved budget. County funds are the first source after the application of fees and earmarked sources unless a specific local match condition exists. ii.To request reimbursement for eligible expenditures, the Subrecipient shall submit to the County the documentation described in the following subparagraphs with the monthly invoice. If the County, in its sole discretion, determines the documentation submitted by the Subrecipient does not reconcile, then the Subrecipient shall provide any additional documentation requested by the County in order to process payment. 1.A fully completed and signed invoice using Attachments D1 and D2. 2.A payroll report that supports reimbursement requests for salaries and/or fringe benefits. 3.Employee timesheets with a signature from the project manager or supervisor for those individuals whose time is requested for reimbursement. 4.General ledger listing qualified expenditures requested for reimbursement. 5.Receipts or invoices that include date of service, cost, and/rate for qualified expenditures. 6.Date and detail of miles traveled for allowable travel expenditures. D.Final Obligations and Financial Status Reporting Requirements i.Obligation Report The Obligation Report, based on annual guidelines, must be submitted by the third Friday in September using the format provided by the County. The Subrecipient must provide an estimate of total expenditures for the entire Agreement period. The information on the report will be used to record the County’s year-end accounts payables and receivables for this Agreement. ii.Final Invoices Final invoices are due nine (9) days following the end of the Agreement period. The final invoice must be clearly marked “Final." Final invoices not received by the due _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 19 of 20 date may result in the loss of funding requested on the Obligation Report and may result in the potential reduction in the subsequent year’s agreement amount. E.Unobligated Funds Any unobligated balance of funds held by the Subrecipient at the end of the Agreement period will be returned to the County within 30 days of the end of the Agreement or treated in accordance with instructions provided by the County. F.Indirect Costs The Subrecipient is allowed to use a 10% de minimis rate in accordance with Title 2 Code of Federal Regulations (CFR) Part 200 to recover their indirect costs. G.Agreement Termination The County may terminate this Agreement without further liability or penalty to the County for any of the following reasons: i.This Agreement may be terminated by either party by giving 30 days written notice to the other party stating the reasons for termination and the effective date. ii.This Agreement may be terminated by either party with 30 days prior written notice upon the failure of either party to carry out the terms and conditions of this Agreement provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the 30-day period. iii.This Agreement may be terminated immediately if the Subrecipient or an official of the Subrecipient or an owner is convicted of any activity referenced in Part II, Section 3, D. Debarment and Suspension, of this Agreement during the term of this Agreement or any extension thereof. The County or the Michigan Department of Health and Human Services may seek administrative, contractual, or legal remedies if the Subrecipient violates or breaches any contract terms. H.Stop Work Order The County may suspend any or all activities under this Agreement at any time. The County will provide the Subrecipient with a written stop order detailing the suspension. Subrecipient must comply with the stop work order upon receipt. The County will not pay for activities, Subrecipient’s incurred expenses or financial losses, or any additional compensation during a stop work order. I.Final Reporting Upon Termination Should this Agreement be terminated by either party, within 30 days after the termination, the _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 20 of 20 Subrecipient shall provide the County with all financial, performance and other reports required as a condition of this Agreement. The County will make payments to the Subrecipient for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Subrecipient shall immediately refund to the County any funds not authorized for use and any payments or funds advanced to the Subrecipient in excess of allowable reimbursable expenditures. J.Severability If any part of this Agreement is held invalid or unenforceable, by any court of competent jurisdiction, that part will be deemed deleted from this Agreement and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining parts of the Agreement will continue in full force and effect. K.Waiver Failure to enforce any provision of this Agreement will not constitute a waiver to enforce any other provision of this Agreement. 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 County or the Subrecipient, 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. L.Amendments Any changes to this Agreement will be valid only if made in writing and accepted by all Parties to this Agreement. Any change proposed by the Subrecipient which would affect the County’s funding of any project, in whole or in part of the Agreement, must be submitted in writing to the County for approval immediately upon determining the need for such change. M.Liability The Subrecipient assumes all liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Subrecipient in the performance of this Agreement, under the following conditions: i.The liability, loss, or damage is caused by, or arises out of, the actions of or failure to act on the part of the Subrecipient, any of its subcontractors, or anyone directly or indirectly employed by the Subrecipient. ii.Nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Subrecipient or its employees by statute or court decisions. _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 21 of 20 The County is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action. N.Governing Law This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan, excluding Michigan’s conflict of law principles. Except as otherwise provided by law or court rule any action or claim to enforce, interpret, or arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District of the State of Michigan, or the United State District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule venue is proper in the courts set forth above. Notwithstanding the above, any complaints against or involving the State must be resolved in the Court of Claims and initiated in Ingham County. Subrecipient waives any objections, such as lack of personal jurisdiction or forum non conveniens. Subrecipient must appoint an agent in Michigan to receive service of process. O.Entire Agreement This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, and hereby accepts and binds the County to the terms and conditions of this Agreement. EXECUTED: David T. Woodward, Chairperson Oakland County Board of Commissioners DATE: IN WITNESS WHEREOF, _________________ , acknowledges that he/she has been authorized to sign this Agreement on behalf of the responsible governing board or official of the Subrecipient, and hereby accepts and binds the Subrecipient to the terms and conditions of this Agreement _________________________________________________________________________________________________________________ FY 2023 MDHHS LOCAL HEALH DEPARTMENT COMPREHENSIVE AGREEMENT SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) Page 22 of 20 EXECUTED: Printed Name: Title: Oakland Livingston Human Service Agency DATE: _______________ Attachment A Minimum Contractor Scope of Service Requirements Subrecipient, in accordance with the general purposes and objectives of this Agreement, will provide Women, Infants and Children’s Program (WIC) and Peer Counseling services as follows: •Comply with all applicable WIC federal regulations, policy, guidance and requirements of the WIC program as prescribed in the Code of Federal Regulations (7 CFR, Part 246). •Follow the allowable expense guidelines provided by USDA FNS for the Peer Counselor Grant. •Cooperate with an annual site visit by OCHD and develop and adhere to a Corrective Action Plan developed because of audit exceptions. The program must comply with all State and Federal audit requirements as applicable. •Assure that the sub-recipients financial system meets generally accepted accounting principles and systems. The sub-recipient must provide the most recent Financial Audit or Financial Statement (if an audit was not done) and the accompanying management letter. •Coordinate with the Contract Administrator and comply with all program, financial and reporting procedures. •Provide for security of Project FRESH coupons, as applicable and WIC EBT cards stored prior to issuance. Subrecipient must notify the Oakland County Health Division WIC program and the State WIC Division in writing of any lost, stolen, inappropriately issued or otherwise unaccounted for Project FRESH coupons or EBT cards, immediately upon recognition of such condition. •Maintain an inventory of all equipment purchased with WIC program funds and maintain such inventory at each WIC clinic location. •Install and maintain WIC hardware according to guidance provided by the Department WIC Program. •Ensure each OLHSA employee authorized for or requesting access to the automated WIC system has completed and signed a security agreement. •Provide personnel possessing at least the minimum qualifications as set by MDHHS – WIC Division, to deliver WIC services to the identified target population. •Maintain confidentiality of records on clients served and allow for the sharing of client information between the County and Subrecipient staff. Obtain signed Release of Information forms for sharing client information with other community service agencies/providers unless mutual aid agreements are available from the State WIC agency. •Create a nutrition education, breastfeeding promotions and outreach plans per WIC policy and submit to OCHD for review and approval by the designated due date. Implement the plan to conduct outreach to identify and bring hard to reach women and children into the WIC Program from communities that have been identified as undeserved by the Oakland County Health Division WIC Program (OCHD WIC). •Provide an annual plan and corresponding budget for the delivery of WIC services and WIC Breastfeeding Peer Counseling Services, specifically dealing with timelines and expected activity and productivity. •Must participate in mandatory nutrition education and breastfeeding time studies as determined by the State Agency. •Act as a resource to additional health and human services in the community. •Responsible for all expenses incurred to support and maintain delivering WIC services. •All materials and advertising used to promote the WIC Program shall also include information about WIC services offered by Oakland County Health Division and refer clients to Oakland County Health Division WIC clinics if those clinics provide the best access to services for clients. •Refer all ante partum women to the Oakland County Health Division in partnership with OCHD Infant Mortality Reduction efforts. •Coordinate with the Contract Administrator and comply with all program, financial and reporting procedures. •Breastfeeding Peer Counseling (BFPC) funds distributed to State agencies by the Food and Nutrition Service (FNS) are to be used to develop or expand activities necessary to sustain a peer counseling program based on the FNS Loving Support Model. The primary purpose of the funds is to provide direct breastfeeding support services through peer counseling to WIC participants. The use of BFPC funds for expenditures that are not supported by the Loving Support Model are not authorized. •Funds allocated for the Breastfeeding Peer Counseling Program are exempt from the WIC Nutrition Education and Breastfeeding Time Study. Implement WIC Breastfeeding Peer Counseling services by following these guidelines: 10 Components of Loving Support Peer Counseling Program 1. Hire staff that meets the definition of Peer Counselor 2. Designate a Breastfeeding Peer Counselor Manager at the local level 3. Establish job parameters and description for peer counselors consistent with State WIC policy 4. Establish compensation and reimbursement rates for peer counselors 5. Train appropriate WIC local peer counseling management and clinic staff 6. Establish standardized breastfeeding peer counseling program procedures at the local level as part of the Agency’s WIC Nutrition Services Plan 7. Supervise and monitor peer counselors 8. Establish community partnerships to enhance the effectiveness of the WIC peer counseling program 9. Provide: o Timely access to breastfeeding coordinators/lactation experts for assistance outside peer counselor scope of practice o Regular, systematic contact with supervisor o Participation in clinic staff Meetings and breastfeeding in-services as part of the WIC team o Opportunities to meet regularly with other peer counselors 10. Provide training and continuing education of peer counselors OLHSA WIC clinic locations and dates and times of service are listed below. Any change to location must be approved by Oakland County Health Division by following the procedures described below. Clinic Location Service Days Open C.A.R.E.S. of Farmington 21840 Independence St Farmington Hills, MI 48336 1st and 3rd Friday Karl Richter Center 920 Baird St. Holly, MI 48442 Every Tuesday Madison Heights 711 West 13 Mile Rd. Madison Heights, MI 48071 Tuesday, Wednesday and Thursday OLHSA Building 196 Cesar E. Chavez Ave. Pontiac, MI 48342 Monday, Wednesday, Thursday and Friday Journey Lutheran Church 136 S. Washington Oxford, MI 48371 2nd Monday (Once a Month) Requirements for Relocating, Adding or Closing a WIC Clinic A request to move, add or close a WIC clinic shall be submitted to OCHD in writing 60 days prior the clinic change occurring. The written request must include: •The reason for the move, closure, or additional clinic •Describe how many clients are impacted by the clinic change and how they will receive information about the change in WIC services •Identification of the proposed site •Justification for the location being proposed including: o Analysis of caseload and how the move or addition of a clinic will impact caseload o Documentation of need o Number of clients estimated to be served at the location •Location of clinic including zip codes served •Frequency of the proposed clinic The Oakland County Health Division WIC Supervisor shall complete a site visit if provisional approval is granted for the proposed site. When the site visit is successfully completed and any concerns about the location addressed, final, written approval will be provided. Use W HOLE DOLLARS Only Page Of 1 1 From:To: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 16. $50,879 $402,505 TOTAL DIRECT EXPENDITURES (Sum o f Lines 1-7) INDIRECT COSTS: Rate #1 % TOTAL EXPENDITURES $2,000 SOURCE OF FUNDS: $402,505 DCH-0385(E) (Rev. 01/09) COM PLETION: Is Voluntary, but is required as a condition of f unding. $243,205 $97,841 $3,580 $5,000 $402,505TOTAL FUNDING OTHER EXPENSES - lis t below CONTRACTUAL (Subcontracts/Subrecipients ) EQUIPMENT TRAVEL SUPPLIES & MATERIALS SALARY & W AGES FRINGE BENEFITS EXPENDI TURE CATEGORY (Use W hole Dollars ) TOTAL BUDGET Oa kla nd Livingston Hum a n Se rvice Age ncy 1/1/2023 9/30/2023 M AILING ADDRESS (Num be r and Str e e t) BUDGET AGREEM ENT AM ENDM ENT # W IC Progra m 10/4/2022 CONTRACTOR NAM E BUDGET PERIOD PROGRAM B U DGET SUMMARY For WIC SERVIC ES - Attachment B1 Vi ew a t 100% or La r ger PROGRAM DATE PREPARED ORIGINA L AMENDMENT Page 1 Of 1 Use W HOLE DOLLARS Only DATE PREPARED Fr om :To: 1/1/2023 9/30/2023 10/4/2022 AM ENDM ENT # POSITIONS REQUIRED TOTAL SALARY 0.900 44,757$ 0.900 40,388$ 0.500 12,420$ 0.525 19,473$ 2.250 40,572$ 1.700 40,140$ CPA 1 @ 40 hours/week X 52 weeks 1.000 32,188$ HR Cos t Pool HR Cos t Pool (X/fte/hr)0.100 11,440$ 1,827$ 7.875 243,205$ 2. FRINGE BENEFITS: (Specify) Composite Rate %97,841$ 97,841$ $3,000 $580 3. TOTAL TRAV EL:3,580$ 5,000$ 5,000$ Name Amount 5. TOTAL CONTRACTUAL:-$ Amount $2,000 6. TOTAL EQUIPM ENT:2,000$ Amount Com m unication:$1,000 Space Cos t:$13,000 Othe r s (e xplain):$2,600 $11,000 $5,000 IT Cost Pool(X/fte/hr)$15,191 $3,088 50,879$ 402,505$ Rate #1 Bas e $x Rate = -$ Rate #2 Bas e $-x Rate = -$ -$ 402,505$ D C H-0 3 8 6 (E ) (Rev. 0 1/0 9) (EX CEL) Health Tec h Coordinator 2 @ 40 hours/week X 52 weeks 1 @ 10 hours/week X 52 weeks Registered Dietitian 1 @ 40 hours/week X 52 weeks 1 @ 28 hours/week X 52 weeks Senior Peer Breastfeeding Counselor 1 @ 36hours/week X 52 weeks Nutrition Education Coordinator 1 @ 20 hours/week X 52 weeks Health Tec h 1 @ 21 hours/week X 52 weeks C O M P LET I O N : Is V o lunt ary, but is req uired as a co ndit io n of f unding. 10. TOTAL ALL EXPENDITURES: (Sum of lines 8-9) 8. TOTAL DIRECT EXPENDITURES: (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: 9. INDIRECT COST CALCULATIONS: 9. TOTAL INDIRECT EXPENDITURES: Farmington Clinic Rent Telephones for Staff Audit 7. TOTAL OTHER EXPENSES: 7. OTHER EXPENSES: (Specify if category exceeds 10% of Total Expenditures) Fly ers, Advertis ing, s ocial media Madis on Heights Clinic Rent Madis on Heights Cleaning 6. EQUIPMENT: (Specify) Replacement of outdated or non functioning printers, s c anners, computers as needed to update technology. Address 4. TOTAL SUPPLIES & M ATERIALS: 5. CONTRACTUAL: (Subcontracts/Subrecipients) Local Travel Mileage Rate @ .58 per mile - $1,000 miles = $580 4. SUPPLIES & MATERIALS: (Specify if category exceeds 10% of Total Expenditures) Gloves, controls , office/c leaning/s anitiz ing s upplies and any materials required to run c linics. 1. TOTAL SALARY & WAGES: 3. TRAVEL: (Specify if category exceeds 10% of Total Expenditures) Conferenc es , required training - all staff for conferences 2. TOTAL FRINGE BENEFITS: OLHSA Receptionist 1 @ 4 hours/week X 52 weeks POSITION DESCRIPTION COM M ENTS W IC As s oc iate Direc tor Nutrition/RD 1 @ 36 hours/week X 52 weeks Oa kla nd Livingston Huma n Se rvice Age ncy 1. SALARY & W AGES: PROGR AM BU DGET - COST DETAIL SCHEDU LE WIC SER VICES - Attachment B2 U s e A d d i t i o na l Sh e et s as N ee d e d V iew at 100% or Larger W IC Progra m PROGRAM BUDGET PERIOD CONTRACTOR NAM E BUDGET AGREEM ENT FICA UNEMPLOY INS RETIREMENT HEARING INS DENTAL INS ORIGINAL AMENDMENT FICA UNEMPLOY INS RETIREMENT HOSPITAL INS LIFE INS VISION WORK COMP OTHER:specify- ORIGINAL AMENDMENT FICA UNEMPLOY INS RETIREMENT LIFE INS VISION INS HEARING INS DENTAL INS WORKS COMP ORIGINAL AMENDMENT FICA UNEMPLOY INS RETIREMENT ORIGINAL AMENDMENT FICA UNEMPLOY INS ORIGINAL AMENDMENT FICA ORIGINAL AMENDMENT FICA HOSPITAL INS OTHER:specify- ORIGINAL AMENDMENT FICA ORIGINAL AMENDMENT FICA ORIGINAL AMENDMENT Use W HOLE DOLLARS Only Page Of 1 1 From:To: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 16. $13,825 $66,046 TOTAL DIRECT EXPENDITURES (Sum o f Lines 1-7) INDIRECT COSTS: Rate #1 % TOTAL EXPENDITURES $3,000 SOURCE OF FUNDS: $66,046 DCH-0385(E) (Rev. 01/09) COM PLETION: Is Voluntary, but is required as a condition of f unding. $33,187 $10,454 $2,080 $3,500 $66,046TOTAL FUNDING OTHER EXPENSES - lis t below CONTRACTUAL (Subcontracts/Subrecipients ) EQUIPMENT TRAVEL SUPPLIES & MATERIALS SALARY & W AGES FRINGE BENEFITS EXPENDI TURE CATEGORY (Use W hole Dollars ) TOTAL BUDGET 196 Ces ar E. Chavez Ave., Pontiac, MI 48342 1/1/2023 9/30/2023 M AILING ADDRESS (Num be r and Str e e t) BUDGET AGREEM ENT AM ENDM ENT # W IC Breasfeeding Peer Couns eling 10/4/2022 CONTRACTOR NAM E: Oalk land Livings ton Hum an Se r vice Age ncy BUDGET PERIOD PROGRAM BUDGET SUMMARY For WIC Breastfeeding Peer Counseling Services - Attachment B3 Vi ew a t 100% or La r ger PROGRAM DATE PREPARED ORIGINA L AMENDMENT PROGRAM BUDGET - COST DETAIL SCHEDULE W IC Bre a stfe e ding Pe e r Counse ling Se rvice s - Attachme nt B4 Page Of Use W HOLE DOLLARS Only 1 1 DATE PREPARED Fr om :To:10/4/2022 1/1/2023 9/30/2023 AM ENDM ENT # POSITIONS REQUIRED TOTAL SALARY 0.100 1,628$ 0.100 4,654$ 0.300 8,197$ 0.600 18,708$ 1.100 33,187$ 2. FRINGE BENEFITS: (Specify) Composite Rate % 10,454$ $1,500 $580 3. TOTAL TRAV EL:2,080$ 3,500$ 3,500$ Name Amount 5. TOTAL CONTRACTUAL:-$ Amount $1,500 $1,500 6. TOTAL EQUIPM ENT:3,000$ Amount Com m unication: Space Cos t: Othe r s (e xplain):$9,825 $2,000 $2,000 13,825$ 66,046$ Rate #1 Bas e $x Rate = -$ Rate #2 Bas e $-x Rate = -$ -$ 66,046$ D C H-0 3 8 6 (E ) (Rev. 01/09 ) (EXCEL) C O M P L ET I O N : Is V olunt ary, but is req uired as a condit io n of f und ing . 10. TOTAL ALL EXPENDITURES: (Sum of lines 8-9) 8. TOTAL DIRECT EXPENDITURES: (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: 9. INDIRECT COST CALCULATIONS: 9. TOTAL INDIRECT EXPENDITURES: Telephones for s taff IT Cost Pool (X/fte/hr) HR Cos t pool (X/fte/hr) 7. TOTAL OTHER EXPENSES: 7. OTHER EXPENSES: (Specify if category exceeds 10% of Total Expenditures) 6. EQUIPMENT: (Specify) Replac e computers and equipment t hat are no longer func tioning Offic e Equipment to provide peer c ouns eling s ervices Address 4. TOTAL SUPPLIES & M ATERIALS: 5. CONTRACTUAL: (Subcontracts/Subrecipients) Local Mileage Rate @ .58 per mile 1,000 miles + $580 4. SUPPLIES & MATERIALS: (Specify if category exceeds 10% of Total Expenditures) Participant educational material 1. TOTAL SA LA RY & WA GES: 3. TRAVEL: (Specify if category exceeds 10% of Total Expenditures) Trips to Lansing for 3 staff members, loc al travel, conferenc es and additional trainings 2. TOTAL FRINGE BENEFITS: W IC As sociate Direct or Nutrition/RD 1 @ 4 hours /week X 52 weeks Lac tation Spec ialis t 2 @ 18 hours/week X 52 weeks U s e A d d i t i o n a l S heet s as N eed e d V iew at 100% or Larger W IC Breas tfeeding peer Counseling PROGRAM Senior Peer Breas tfeeding Counselor 1 @ 4 hours /week X 52 weeks Peer Couns elor 1 @ 6 hours /week X 52 weeks BUDGET PERIOD CONTRACTOR NAM E: Oak land Livings ton Hum an Se r vice Age ncy BUDGET AGREEM ENT POSITION DESCRIPTION 1. SALARY & W AGES: COM M ENTS FICA UNEMPLOY INS RETIREMENT HEARING INS DENTAL INS ORIGINAL AMENDMENT FICA UNEMPLOY INS RETIREMENT HOSPITAL INS LIFE INS VISION WORK COMP OTHER:specify- ORIGINAL AMENDMENT FICA UNEMPLOY INS RETIREMENT LIFE INS VISION INS HEARING INS DENTAL INS WORKS COMP ORIGINAL AMENDMENT FICA UNEMPLOY INS RETIREMENT ORIGINAL AMENDMENT FICA UNEMPLOY INS ORIGINAL AMENDMENT FICA ORIGINAL AMENDMENT FICA HOSPITAL INS OTHER:specify- ORIGINAL AMENDMENT FICA ORIGINAL AMENDMENT FICA ORIGINAL AMENDMENT Costs Allowable Only with Prior Approval - The following costs are allowable only with prior review/approval of the Michigan Department of Health & Human Services as specified by the U.S. Department of Agriculture, Food and Nutrition Service (Ref.: 7 CFR Part 246, and USDA- WIC Administrative Cost Handbook 3/86). Prior approval is accomplished by providing appropriate detail in the budget request to OHCD which is approved by MDHHS or subsequently in a written request to OCHD and approved in writing by MDHHS and provided to OCHD. A.Automated Information Systems - 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.Accounting and Auditing Services - performed by private sector firms under professional service contracts for purposes of preparation or audit of program and financial records/reports. E.Other Professional Services - rendered by individuals or organizations, not a part of the local Grantee, such as: 1.Contractual private physician providing certification data. 2.Contractual organization providing laboratory data. 3.Contractual translators and interpreters at the local Grantee level. F.Training and Education - provided for employee development, which directly or indirectly benefits the grant program, to the extent that such training is contracted for or involves out- of-service training over extended periods of time. G.Building Space and Related Facilities - the cost to buy, lease or rent space in 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. Breastfeeding Peer Counseling Program The sub-recipient must follow the allowable expense guidelines provided by USDA FNS for the Peer Counselor grant. The use of BFPC funds for expenditures that are not supported by the Loving Support Model are not authorized. Expenses for Breastfeeding education and supplies must be charged to the normal WIC budget, not the Peer Counselor Grant. Allowable Costs for Breastfeeding Peer Counseling Programs Breastfeeding peer counseling (BFPC) funds that the Food and Nutrition Service (FNS) distributes to State agencies are to be used to develop or expand activities necessary to sustain a peer counseling program based on the FNS WIC Breastfeeding Model for Peer Counseling. The primary purpose of BFPC funds is to provide direct peer counselor to WIC mother breastfeeding support services. A State agency's peer counseling implementation plan and annual line-item budget addendum to its State Plan must demonstrate an appropriate balance between the costs of equipment, materials, and staff that manage or provide expertise to peer counselors and the costs of direct service delivery by peer counselors. The use of BFPC funds for expenditures that are not supported by the WIC Breastfeeding Model for Peer Counseling are not authorized. The table below helps to identify allowable BFPC costs.* Item or Service Allowable Costs Comments Durable Goods and Space Furniture, desktop computers/laptops/tablets, and office equipment used to provide peer counseling services and training Yes Phone lines, internet service, cell/smartphones, pagers and answering machines for contacts between peer counselors and mothers Yes Portable baby scales to weigh infants outside of the WIC clinic or scales marketed for pre- and post-breastfeeding weight checks No Nutrition Services and Administration (NSA) funds may be used to purchase scales for clinical assessment for use by staff other than peer counselors. Space and lease costs for peer counselors to provide services Yes Incentives and Education Materials to Promote Breastfeeding Breastfeeding educational materials for mothers such as pamphlets and DVDs No NSA funds may be used to purchase participant educational material. Item or Service Allowable Costs Comments Breast pumps and breastfeeding aids for mothers Breast pumps and breastfeeding aids for demonstration purposes by peer counseling staff No Yes Refer to Breastfeeding Policy and Guidance for more information on breast pumps and allowable breastfeeding aids. Incentive items distributed to WIC participants to encourage breastfeeding (e.g., breast pumps, breastfeeding aids, breastfeeding promotion and support incentive items, written materials, etc.) No NSA funds may be used to purchase participant incentive items. Personnel and Compensation Salaries and compensation for peer counseling staff: peer counselors, designated peer counselor coordinators, and WIC Designated Breastfeeding Experts (DBE) Yes. BFPC funds may be used to fund staff to provide oversight/management of peer counseling programs and/or supervision, mentoring and referral expertise for peer counselors. BFPC funds may be used to pay for DBE time if a peer counselor refers a WIC mother to a DBE for problems that are outside of the peer counselor's scope of practice. The DBE may be compensated using BFPC funds if the mother continues to be supported by the peer counselor and remains part of the peer counselor's caseload. BFPC funds cannot be used to disproportionately hire WIC DBEs versus peer counselors. NSA funds must be used for consultations for WIC mothers who are not referred by peer counselors and are not part of a peer counselor's caseload. Refer to the Nutrition Services Standards for DBE qualifications, roles, and responsibilities. Item or Service Allowable Costs Comments Salaries and compensation for dual-role staff (e.g., part- time WIC Nutrition Assistant and part-time peer counselor or part-time CPA and part- time DBE) Yes, but costs must be allocated between the two positions held. BFPC funds may be used for the portion of time spent as peer counselor or the DBE. See FNS Breastfeeding Policy and Guidance document for additional information on dual- role staff. State agency policies must be approved by FNS Regional Offices. Males as breastfeeding peer counselors No. The definition of peer counselor in the WIC Breastfeeding Model for Peer Counseling is based on research demonstrating the benefit of hiring peer counselors from WIC's target population of WIC-eligible women. Father-to-Father Breastfeeding Support Group No Fathers are valuable partners of breastfeeding promotion and support in WIC. However, father-led activities are outside of those defined by the WIC Breastfeeding Model for Peer Counseling. See FNS Peer Counseling Management Curriculum for additional information. Recruitment of peer counselors and related staff Yes Item or Service Allowable Costs Comments Staffing and expenses related to WIC Peer Counselor support to breastfeeding hotlines and call centers Yes. BFPC funds may be used to fund peer counselors to answer calls to a WIC breastfeeding hotline if the peer counselor: 1) meets the definition of peer counselor; 2) receives the appropriate training and supervision as outlined in the WIC Breastfeeding Model for Peer Counseling; and 3) does not provide services to non-WIC participants. Other expenses related to the hotline/call center (e.g., rent, phone lines, equipment, etc.) are allowable for any portion of those expenses that are for the purpose of a WIC peer counselor providing WIC participant contacts through the hotline/call center. BFPC funds cannot be used for breastfeeding hotline support to non-WIC participants. Milk Banks/Depots No. BFPC funds cannot be used for services related to milk banks/depots. Drop In Breastfeeding Groups Yes. BFPC/DBE time may only be used for WIC participants. BFPC/DBE time may not be counted toward nutrition education contacts. Staffing and expenses related to WIC Peer Counselor support to the Buddy Program Yes. Duties such as matching buddy pairs, responding to buddy requests/inquiries, following up on buddy interactions, prompting discussions with conversation starters, and other duties as assigned by peer counselor supervisor. Staff Training and Resources Travel for WIC State- required training of peer counselors/DBE and peer counseling staff/managers Yes, only for the FNS Breastfeeding trainings or WIC State-developed approved comparable training. NSA funds may be used for attendance at a state/national breastfeeding conference. Item or Service Allowable Costs Comments Travel for home and hospital visits by peer counseling staff Yes, for visits to WIC participants; peer counselors may not provide services to non-WIC participants. Continuing education for DBEs Yes, if it relates to servicing peer counseling programs (e.g., mentoring, serving as a referral, etc.) Breastfeeding resources for peer counseling staff Breastfeeding resources for WIC staff not related to peer counseling Yes, if the resources are related to peer counseling (e.g., training materials for peer counselors). No NSA funds may be used to purchase general breastfeeding resources for WIC staff. Training and coursework for peer counselors to become International Board Certified Lactation Consultant (IBCLC) or Certified Lactation Counselor (CLC) No. NSA funds may be used for CLC or IBCLC training and coursework. The priority use of BFPC funds is to hire and train peer counselors to provide breastfeeding peer counseling services to WIC participants. Staff with IBCLC 's are not considered peer counselors. The research recommends that peer counselors be provided career path training options. Item or Service Allowable Costs Comments CLC or IBCLC exam, renewal or membership fees No At the WIC State agency's discretion, NSA funds may be used for CLC or IBCLC training, exam fees, renewal and/or association membership fees. The State agency must determine if it is necessary and of benefit to the WIC Program for the person in a particular job position to have the certification. SAs must also determine whether the cost fits within its WIC NSA grant budget. Peer Counseling Program Advertising and Promotion Pamphlets and similar materials to promote the peer counseling program Yes Media outreach (e.g., bus placards to advertise BFPC programs) Yes FNS would not expect to see a disproportionate amount of the BFPC funds spent on advertising the program at the expense of direct services to participants. BFPC funds may not be used for ads that promote breastfeeding in general, NSA funds may be used for this purpose. Name badges, buttons and similar low-cost items that identify peer counselor staff Yes Miscellaneous Indirect costs (e.g., personnel, accounting, or information technology services, etc.) Yes, but only those that are related to providing a WIC peer counseling program. Item or Service Allowable Costs Comments Second nutrition education contacts No. BFPC funds are for activities that are in addition to current required WIC activities. NSA funds provide for at least two nutrition education contacts; therefore, BFPC funds may not be used for the "second" contact. In addition, the I/6th nutrition education requirement and breastfeeding target must be met with regular NSA funds. Childcare No Cribs or other materials and equipment for infants of peer counselors who bring their babies to work No Monitoring and tracking of program effectiveness. Yes. Funds may be used to monitor and track program components (e.g., contacts, referrals, training, etc.) to determine effectiveness and where improvements are needed. Evaluation studies may not be paid for using BFPC funds. Peer counseling services to non-WIC participants No. Peer counselors should refer WIC-eligible women to WIC to apply for WIC benefits. Peer counselors should refer women who are not WIC-eligible to appropriate non-WIC resources. Breastfeeding coalitions No BFPC funds can only be used for services and activities related directly to peer counseling. *Update February 2021. This is not an exhaustive list of allowable costs. Refer to the FNS Regional Office for questions and allowable cost and to the Breastfeeding Policy and Guidance. Attachment C Reporting Requirements Reporting: As part of the Breastfeeding Peer Counseling Grant, Subrecipient shall maintain monthly records for each individual Peer Counselor. Specific supplemental reporting forms will be provided by MDDHS WIC program to complete this requirement. Reports are due to the Oakland County Health Division WIC Supervisor by the 5th day of January, March, July and October for review and submission to MDHHS WIC Invoicing process: Submit monthly, the actual costs incurred for the WIC grant and Breastfeeding Peer Counselor grant using the electronic invoice provided by OCHD. The invoice form reflects the Subrecipient budget approved by the County and the State WIC program. Billing for Pe riod of:Contract Period 1/1/23 - 09/30/2023 Fu nction Code Descriptio n (Ex. Office Su pplies, Consumable Materials et c) Catego ry N umber Budget Amoun t YTD Exp enditure Remaining Balan ce Salaries 243,205.00$ $243,205.00 Fringes 97,841.00$ $97,841.00 Travel/Mileage 3,580.00$ $3,580.00 Supplie s & Materials 5,000.00$ $5,000.00 Equipme nt 2,000.00$ $2,000.00 Advertising, flyers, busine ss cards 1,000.00$ $1,000.00 Re nt 15,600.00$ $15,600.00 Telephones 11,000.00$ $11,000.00 Madison Heights Cleaning 5,000.00$ $5,000.00 IT Cost Poll(X/fte /hr)15,191.00$ $15,191.00 Audit 3,088.00$ $3,088.00 TOTAL 402,505.00$ $402,505.00 NOTE: Please e-mail the submission, ad dressed to:Li sa McKay-Chi asson - mckay-chiassonl@oakgov.com cc: Te resa Le Poudre - l epoudret@oakgov.com OLHSA - Attachment D1 N ote: Onl y i ncl ude i tems tha t a re a l rea dy pa i d for a nd rec orded wi thi n the progr a m's offi c i a l a c c ounti ng s ys tem. Submissio n Instructions Below: A gency Name : Oakland Livingst on Human Service Age ncy (OLHSA ) - WIC Page: 1 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 ATTACHMENT E Billing for Period of:Contract Pe riod 1/1/23 - 09/30/2023 Funct ion Code Descript ion (Ex. Office Supplies, Consumable Materials et c) Category Number Budget Amou nt YTD Exp end it ure Remain ing Balan ce Salaries $33,187.00 $33,187.00 Fringe s $10,454.00 $10,454.00 Travel/Mileage $2,080.00 $2,080.00 Supplies & Materials $3,500.00 $3,500.00 Equipment $3,000.00 $3,000.00 Te lephones $9,825.00 $9,825.00 IT Cost Pool(X/fte/hr)$2,000.00 $2,000.00 HR Cost Pool (X/fte/hr)$2,000.00 $2,000.00 TOTAL $66,046.00 $66,046.00 NOTE: P lease e-mail the submission , addressed to: Lisa McKay-Chiasson - mckay-chiasson l@oakgov.co m cc: Teresa LePou dre - lepoud ret @oakg ov.com OLHSA WIC BF Attachment D2 Not e: Onl y i ncl ude i tems tha t a re a l r ea dy pa i d for a nd recor ded wi thi n the pr ogra m's offi c i a l a c c ounti ng s ys tem. Submission Instructions Belo w: Agency Name: Oakland Livingst on Human Se rvice Agency (OLHSA ) - WIC BREA ST FEEDING Page: 2 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 SUBRECIPIENT INSURANCE REQUIREMENTS WITH COUNTY During this Agreement, the Subrecipient shall provide and maintain, at their own expense, all insurance as set forth and marked below, protecting the County against any Claims. Claims means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. The insurance shall be written for not less than any minimum coverage herein specified. Limits of insurance required in no way limit the liability of the Subrecipient. Primary Coverages Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Broad Form Contractual including coverage for obligations assumed in this Agreement; $1,000,000 – Each Occurrence Limit $1,000,000 – Personal & Advertising Injury $2,000,000 – Products & Completed Operations Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1.☒ Fully Insured or State approved self-insurer. 2.☐ Sole Proprietors must submit a signed Sole Proprietor form. 3.☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337 Certificate of Exemption. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles utilized in the performance of this Agreement. Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement. Third Party Theft Insurance in an amount not less than the grant award with Oakland County named Page: 3 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 as an additional insured. Supplemental Coverages – As Needed 1.Professional Liability/Errors & Omissions Insurance (i.e., Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Subrecipient provides professional services that the County relies upon. 2.Cyber Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Subrecipient has access to County IT systems and/or stores County data electronically. 3.Commercial Property Insurance. The Subrecipient shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. 4.Liquor Legal Liability Insurance with a limit of $1,000,000 each occurrence shall be required when liquor is served and/or provided by Subrecipient. 5.Pollution Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when storage, transportation and/or cleanup & debris removal of pollutants are part of the services utilized. 6.Medical Malpractice Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when medically related services are provided. 7.Garage Keepers Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when County owned vehicles and/or equipment are stored and/or serviced at the Subrecipient’s facilities. 8.Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the County Risk Management Department. General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. 1.All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 2.The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in Page: 4 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 favor of the County; 3.Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Subrecipient; 4.Subrecipient shall be responsible for their own property insurance for all equipment and personal property used and/or stored on County property; 5.The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and its officers, directors, employees, appointees and commissioners as additional insureds where permitted by law and policy form; 6.If the Subrecipient’s insurance policies have higher limits than the minimum coverage requirements stated in this document the higher limits shall apply and in no way shall limit the overall liability assumed by the Subrecipient under contract. 7.The Subrecipient shall require its contractors or sub-contractors, not protected under the Subrecipient’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Agreement; 8.Certificates of insurance must be provided no less than ten (10) Business Days prior to the County’s execution of the Agreement and must bear evidence of all required terms, conditions, and endorsements; and provide 30 days’ notice of cancellation/material change endorsement. 9.All insurance carriers must be licensed and approved to do business in the State of Michigan along with the Subrecipient’s state of domicile and shall have and maintain a minimum A.M. Best’s rating of A- unless otherwise approved by the County Risk Management Department. Page: 5 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 ATTACHMENT F COUNTY’S GRANT AGREEMENT WITH THE STATE Agreement #: 20230150-00 Agreement Between Michigan Department of Health and Human Services hereinafter referred to as the "Department" and County of Oakland hereinafter referred to as the "Local Governing Entity" on Behalf of Health Department Oakland County Department of Health and Human Services/ Health Division 1200 N. Telegraph Rd. 34 East Pontiac MI 48341 1032 Federal I.D.#: 38-6004876, Unique Entity Identifier: HZ4EUKDD7AB4 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, 2022, whichever is later, and continue through September 30, 2023. Throughout the Agreement, the date of the Grantee’s signature or October 1, 2022, whichever is later, will 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 $11,782,611.00. Page: 6 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 will 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 will 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 C.1 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 will 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 Page: 7 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 5.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. 6.Financial Requirements The financial requirements must be followed as described in Part 2 and Attachment I - Annual Budget and Attachment IV - Funding/Reimbursement Matrix, which are part of this Agreement. 7.Performance/Progress Report Requirements The progress reporting methods, as applicable, must be followed as described in part 2 and Attachment III, Program Specific Assurances and Requirements, which are part of this Agreement. 8.General Provisions The Grantee agrees to comply with the General Provisions outlined in Part 2, which is part of this Agreement. 9.Administration of the Agreement The person acting for the Department in administering this Agreement (hereinafter referred to as the Contract Consultant) is: Name: Carissa Reece Title: Department Analyst E-Mail Address ReeceC@michigan.gov The financial contact acting on behalf of the Grantee for this Agreement is: TIFANNY KEYES-BOWIE Accountant Name Title KEYESBOWIET@OAKGOV.COM (248) 858-0943 E-Mail Address Telephone No. Page: 8 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 10.Special Conditions A. 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. B. This Agreement is conditionally approved subject to and contingent upon availability of funding and other applicable conditions. C. Based on the availability of funding, the Department may specify the amount of funding the Grantee may expend during a specific time period within the Agreement Period. D. The Department has the option to assume no responsibility or liability for costs incurred by the Grantee prior to the start date of this Agreement. E. The Grantee is required by 2004 PA 533 to receive payments by electronic funds transfer. 11.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. 12.Signature Section For Oakland County Department of Health and Human Services/ Health Division Andrea Powers Administrator Name Title For the Michigan Department of Health and Human Services Christine H. Sanches 09/06/2022 Christine H. Sanches, Director Date Bureau of Grants and Purchasing Page: 9 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 I.Responsibilities - Grantee Part 2 General Provisions The Grantee, in accordance with the general purposes and objectives of this Agreement, must: A. Publication Rights 1.Copyright materials only when the Grantee exclusively develops books, films or other such copyrightable materials through activities supported by this Agreement. The copyrighted materials cannot include recipient information or personal identification data. Grantee provides the Department a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials copyrighted by the Grantee and authorizes others to reproduce and use such materials. 2.Obtain prior written authorization from the Department’s Office of Communications for any materials copyrighted by the Grantee or modifications bearing acknowledgment of the Department's name prior to reproduction and use of such materials. The state of Michigan may modify the material copyrighted by the Grantee and may combine it with other copyrightable intellectual property to form a derivative work. The state of Michigan will own and hold all copyright and other intellectual property rights in any such derivative work, excluding any rights or interest granted in this Agreement to the Grantee. If the Grantee ceases to conduct business for any reason or ceases to support the copyrightable materials developed under this Agreement, the state of Michigan has the right to convert its licenses into transferable licenses to the extent consistent with any applicable obligations the Grantee has. 3.Obtain written authorization, at least 14 days in advance, from the Department’s Office of Communications and give recognition to the Department in any and all publications, papers and presentations arising from the Agreement activities. 4.Notify the Department’s Bureau of Grants and Purchasing 30 days before applying to register a copyright with the U.S. Copyright Office. The Grantee must submit an annual report for all copyrighted materials developed by the Grantee through activities supported by this Agreement and must submit a final invention statement and certification within 60 days of the end of the Agreement period. 5.Not make any media releases related to this Agreement, without prior written authorization from the Department’s Office of Communications. B. Fees 1.Guarantee that any claims made to the Department under this Agreement will not be financed by any sources other than the Department under the terms of this Agreement. If funding is received Page: 10 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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. 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. Page: 11 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 amount equal to five percent of the audit year’s grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount Page: 12 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 oversight and monitoring activities, such as reviewing financial and performance reports, performing site visits and maintaining regular contact with subrecipients. 3.Establish requirements to ensure compliance for for-profit subrecipients Page: 13 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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. 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 must be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Grantee’s business operations for processing data. All information systems, electronic or hard copy, that contain state or federal data must be protected from unauthorized access. K. Human Subjects Comply with Federal Policy for the Protection of Human Subjects, 45 CFR 46. The Grantee agrees that prior to the initiation of the research, the Grantee will submit Institutional Review Board (IRB) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the state of Michigan, to the Department’s IRB for review and approval, or the IRB application and approval materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department’s IRB can only accept the review and approval of another institution’s IRB under a formally approved interdepartmental agreement. The manner of the review will be agreed upon between the Department’s IRB Chairperson and the Grantee’s authorized official. L. Mandatory Disclosures 1.Disclose to the Department in writing within 14 days of receiving notice of any litigation, investigation, arbitration or other proceeding (collectively, “Proceeding”) involving Grantee, a subcontractor or an officer or director of Grantee or subcontractor that arises during the term of this Agreement including: a.All violations of federal and state criminal law involving fraud, bribery, or gratuity violations potentially affecting the Agreement. b.A criminal Proceeding; c.A parole or probation Proceeding; d.A Proceeding under the Sarbanes-Oxley Act; Page: 14 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 3.Any complaint filed in a legal or administrative proceeding alleging the Grantee or its subcontractors discriminated against its employees, subcontractors, vendors, or suppliers during the term of this Agreement; or f.A Proceeding involving any license that 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 or executive management. M. Minimum Program Requirements Comply with Minimum Program Requirements established in accordance with Section 2472.3 of 1978 PA 368 as amended, MCL 333.2472 (3), MSA 14.15 (2472.3), for each applicable program element funded under this Agreement. N. Annual Budget and Plan Submission Submit an Annual Budget and Plan request to the Department, in accordance with instructions established by the Department, to serve as the basis for completion of specific details for Attachments I, III, and IV of this Agreement via Grantee/Department negotiated amendment(s). Failure to submit a complete Annual Budget and Plan by the due date through MI E-Grants will result in the deferral of Department payments until these documents are submitted. O. Maintenance of Effort Comply with maintenance of effort requirements for Essential Local Public Health Services (ELPHS), as defined in the current Department appropriation act, and Family Planning in accordance with federal requirements, except as noted in Section 3.C.3 of Part I. P. Accreditation 1.Comply with the local public health accreditation standards and follow the accreditation process and schedule established by the Department to achieve full accreditation status. a.Failure to meet all accreditation requirements or implement corrective plans of action within the prescribed time period will result in the status of “Not Accredited.” Grantees designated as “Not Accredited” may have their Department allocations reduced for costs incurred in the assurance of service delivery. Page: 15 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 will 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 will be final. After a hearing, the Department may reaffirm, modify, or revoke the order or modify the time permitted for compliance. e.If the local governing entity fails to correct a deficiency for which a final order has been issued within the period permitted for compliance, the Department may petition the appropriate circuit court for a writ of mandamus to compel correction. Q. Medicaid Outreach Activities Reimbursement Report allowable costs and request reimbursement for the Medicaid Outreach activities it provides in accordance with 2 CFR, Part 200 and the requirements in Medicaid Bulletin number: MSA 05-29. Page: 16 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 costs (including mileage, meals, and lodging) budgeted and incurred related to services provided under this Agreement. a.If the Grantee has a documented policy related to travel reimbursement for employees and if the Grantee follows that documented policy, the Department will reimburse the Grantee Page: 17 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 20 37 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. c.Employers Liability Insurance or Governmental Self-Insurance. d.Privacy and Security Liability (Cyber Liability) Insurance: cover information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability. Page: 18 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 (ICHAT) check and a national and state sex offender registry check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who under this Agreement works directly with clients or has access to client information. a.ICHAT: http://apps.michigan.gov/ichat b.Michigan Public Sex Offender Registry: 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 or within 10 days of the event after hiring. 4.Determine whether to prohibit any employee, subcontractor, subcontractor employee, or volunteer from performing work directly with clients or accessing client information related to clients under this Agreement, based on the results of a positive ICHAT response or Page: 19 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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. II.Responsibilities - Department The Department in accordance with the general purposes and objectives of this Agreement will: A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this Agreement based upon appropriate reports, records, and documentation maintained by the Grantee. B. Report Forms Provide any report forms and reporting formats required by the Department at the start date of this Agreement and provide to the Grantee any new report forms and reporting formats proposed for issuance thereafter at least 90 days prior to their required usage in order to afford the Grantee an opportunity to review. C. Notification of Modifications Notify the Grantee in writing of modifications to federal or state laws, rules and regulations affecting this Agreement. D. Identification of Laws Identify for the Grantee relevant laws, rules, regulations, policies, procedures, guidelines and state and federal manuals, and provide the Grantee with copies of these documents to the extent they are not otherwise available to the Grantee. E. Modification of Funding Notify the Grantee in writing within 30 calendar days of becoming aware of the need for any modifications in Agreement funding commitments made necessary by action of the federal government, the governor, the legislature or the Department of Technology Management and Budget on behalf of the governor or the legislature. Implementation of the modifications will be determined jointly by the Grantee and the Department. F. Monitor Compliance Monitor compliance with all applicable provisions contained in federal grant Page: 20 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 awards and their attendant rules, regulations and requirements pertaining to program elements covered by this Agreement. 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 fiscal year Omnibus Consolidated Appropriations Act. Further, the Grantee must 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 must certify and disclose accordingly. Page: 21 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 (P.L. 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 being made; and, Page: 22 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 must 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 development activities, education or library activities to children under the age of 18, if the activities are funded by federal programs either directly or through state or local governments, Page: 23 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 must 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 must 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 must 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. 1251-1388), as amended. 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 Trafficking and Violence Protection Act of 2000 (P.L. 106-386), as amended. 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 Page: 24 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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. 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 must 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 will prevail. A conflict between this Agreement and a subcontract, however, will not be deemed to exist where the subcontract: a.Contains additional non-conflicting provisions not set forth in this Agreement; b.Restates provisions of this Agreement to afford the Grantee the same or substantially the same rights and privileges as the Department; or c.Requires the subcontractor to perform duties and services in less time than that afforded the Grantee in this Agreement. 3.That the subcontract does not affect the Grantee’s accountability to the Department for the subcontracted activity. 4.That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5.That the Grantee will submit a copy of the executed subcontract if requested by the Department. 6.That subcontracts in support of programs or elements utilizing funds provided by the Department, the State of Michigan or the federal government in excess of $10,000 must contain provisions or conditions that will: Page: 25 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 must 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 must 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). c.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 1.Grantee will ensure that all purchase transactions, whether negotiated or advertised, are conducted openly and competitively in accordance with the principles and requirements of 2 CFR 200. 2.Funding from this Agreement must not be used for the purchase of foreign goods or services. 3.Preference must be given to goods and services manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. 4.Preference must be given to goods and services that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Page: 26 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 5.Records must be sufficient to document the significant history of all purchases and must be maintained for a minimum of four years after the end of the Agreement period. M. Health Insurance Portability and Accountability Act To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is applicable to the Grantee under this Agreement, the Grantee assures that it is in compliance with requirements of HIPAA including the following: 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 Page: 27 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 Department determine such an agreement is required under HIPAA. N. Home Health Services If the Grantee provides Home Health Services (as defined in Medicare Part B), the following requirements apply: 1.The Grantee must 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” will 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 will 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 must 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 Agreement. The Grantee must take all reasonable Page: 28 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 will be used to pay, either through a grant or other external mechanism, the salary of an individual at a rate in excess of Executive Level II. The current rates of pay for the Executive Schedule are located on the United States Office of Personnel Management web site, http://www.opm.gov, by navigating to Policy — Pay & Page: 29 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 Leave — Salaries & Wages. The salary rate limitation does not restrict the salary that a Grantee may pay an individual under its employment; rather, it merely limits the portion of that salary that may be paid with funds from this Agreement. IV.Financial Requirements A. Operating Advance Under the pre-payment reimbursement method, no additional operating advances will be issued. 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 allotment limits the amount of each account (program) that Page: 30 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 must 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, subject to applicable provisions of Sections 3.B. and 3.C.3 of Part 1. If Page: 31 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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/sigmavss F. Unobligated Funds Any unobligated balance of funds held by the Grantee at the end of the Agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. G. Final Obligation Reporting Requirements An Obligation Report, based on annual guidelines, must be submitted by the due date using the format provided by the Department through MI E-Grants. The Grantee must provide, by program, an estimate of total expenditures for the entire Agreement period (October 1 through September 30). This report must represent the Grantee’s best estimate of total program expenditures for the Agreement period. The information on the report will be used to record the Department’s year-end accounts payables and receivables by program for this Agreement. The report assists the Department in reserving sufficient funding to reimburse the final expenditures that will be reported on the Final FSR Page: 32 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 will 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 11/15/2023 All Remaining Projects 11/30/2023 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 penalized with a one-time reduction in their current ELPHS allocation for noncompliance with the fiscal year-end reporting deadlines. Any penalty funds Page: 33 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 unwilling to provide any or all of the services as provided in this Agreement, and the Department may redirect funds as necessary to ensure that the public health services Page: 34 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 must 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 must immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Grantee in excess of allowable reimbursable expenditures. VIII.Severability If any part of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, that part will be deemed deleted from this Agreement and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining parts of the Agreement will continue in full force and effect. IX.Amendments A. Except as otherwise provided, any changes to this Agreement will be valid only if made in writing and accepted by all parties to this Agreement. In the event that circumstances occur that are not reasonably foreseeable, or are beyond the Grantee's or Department's control, which reduce or otherwise interfere with the Grantee's or Department's ability to provide or maintain specified services or operational procedures, immediate written notification must be provided to the other party. Any change proposed by the Grantee which would affect the state funding of any project, in whole or in part as provided in Part 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 will be made within thirty days after receipt and approval of a change proposed by the Grantee. Amendments of a routine nature including applicable changes in budget categories, modified indirect rates, and similar conditions which do not modify the Agreement scope, amount of funding to be provided by the Department or, Page: 35 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 will be the responsibility of the Grantee, and not the responsibility of the Department. Nothing herein will 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 will be borne by the Grantee and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein will 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 Agreement is governed, construed, and enforced in accordance with Michigan law, excluding choice- of-law principles, and all claims relating to or arising out of this Agreement are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Agreement must be resolved in the Michigan Court of Claims. Complaints against the State must be initiated in Ingham County, Michigan. Grantee waives any objections, such as lack of personal jurisdiction or forum non conveniens. Grantee must appoint an agent in Michigan to receive service of process. XIII.Funding A. State funding for this Agreement will be provided from the applicable and available Department appropriations for the current fiscal year. The Department provided funds will be as stated in the approved Annual Budget - Page: 36 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 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 will 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. Page: 37 of 78Date: 09/06/2022 Contract # 20230150-00, Oakland County Department of Health and Human Services/ Health Division, Local Health Department - 2023 AA Attachments A1 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