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HomeMy WebLinkAboutReports - 2023.05.11 - 38215 AGENDA ITEM: Subrecipient Agreement with Catholic Charities Southeast Michigan DEPARTMENT: Health & Human Services MEETING: Board of Commissioners DATE: Thursday, May 11, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2844 Motion to approve the attached Subrecipient Agreement with Catholic Charities Southeast Michigan and authorize the Board Chair to execute the agreement. ITEM CATEGORY SPONSORED BY Contract Penny Luebs INTRODUCTION AND BACKGROUND Miscellaneous Resolution #22384 approved the 2023 COVID-19 Health Equity Regional Council Backbone Organization Grant in the amount of $300,000 through May 31, 2023. A portion of the grant award, in the amount of $11,500, will be used to reimburse La Cas Amiga at Catholic Charities Southeast Michigan for administrative support in screening and assisting residents with Social Determinates of Health needs, including planning and recruitment for focus groups. The Health Division drafted a Subrecipient Agreement (Attachment A) for the period March 30, 2023 through May 30, 2023 with Catholic Charities Southeast Michigan. Catholic Charities Southeast Michigan has agreed to the terms included within the subrecipient agreement. The subrecipient agreement between Oakland County and Catholic Charities Southeast Michigan has completed the Grant Review Process in accordance with the Grants Policy and budget amendment is not required at this time. 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 ITEM REVIEW TRACKING Penny Luebs, Board of Commissioners Created/Initiated - 5/12/2023 AGENDA DEADLINE: 05/11/2023 6:00 PM ATTACHMENTS 1. Grant Review Sign-Off 2. Oakland County _ La Casa Amiga sub rec agreement - Health Equity Council_signed COMMITTEE TRACKING 2023-05-02 Public Health & Safety - Recommend to Board 2023-05-11 Board of Commissioners - Adopted Motioned by: Commissioner Angela Powell Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (18) No: None (0) Abstain: None (0) Absent: Marcia Gershenson (1) Passed GRANT REVIEW SIGN-OFF – Health & Human Services / Health Division GRANT NAME: COVID-19 Health Equity Regional Council Backbone FUNDING AGENCY: Michigan Public Health Institute DEPARTMENT CONTACT: Stacey Smith 248-452-2151 STATUS: Grant Amendment (less than 15%) DATE: 04/20/2023 Please be advised that 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: Approval is contingent upon Ex E and sub. rec. address being added, as discussed with C. Hribar. – Heather Lewis (04/19/2023) [revised documents included] PROGRAM YEAR 2023 Regional Health Equity Council SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CATHOLIC CHARITIES SOUTHEAST MICHIGAN This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and Catholic Charities Southeast Michigan, 24445 northwestern hwy. Ste. 200, Southfield mi 48075 ("Subrecipient). The County and Subrecipient shall be collectively referred to as the “Parties.” IT IS HEREBY AGREED AS FOLLOWS: 1.Exclusive Agreement. This Agreement, including exhibits attached hereto, constitutes the entire Agreement between Subrecipient and County for the scope of services on Exhibit A for the term of this Agreement. The Agreement includes the following documents which are incorporated herein by reference and are deemed to be part of this contract as if set forth in full herein and, in the event of inconsistencies between the documents, shall govern in the order listed: a.This Contract b.All Provisions required by law to be inserted in this contract whether actually inserted or not. 2.Term of Agreement. This Agreement will become effective on _3/30/23_and shall continue until 5/30/23. No services shall be provided, and no costs incurred until this Agreement is fully executed by both parties. This Agreement may be extended or renewed by written agreement signed by both parties. All provisions of this Agreement shall apply to all services and all periods of time in which the Subrecipient renders services for the County. 3.Termination of Agreement. a.With reasonable cause: Either party may terminate this Agreement immediately by giving written notice of termination to the other party. For purposes of this Agreement, reasonable cause shall be defined as: a material violation of this Agreement, or any act or omission by the non-terminating party that exposes the terminating party to liability for personal injuries or damage to property, real or personal. b.Without cause: This Agreement will be terminated on 30 days’ written notice by either party to this Agreement. 4.Services to be Performed. Subrecipient agrees to perform for the County the services listed on the attached Exhibit A, SERVICES TO BE PROVIDED. 5.Grant Funds. This Agreement designates the provider a subrecipient of the County. This Agreement is being paid for under a subrecipient agreement between Michigan Public Health Institute (MPHI) and Oakland County (Exhibit E. Subrecipient must comply with all relevant terms of Exhibit E. ) 6.Performance. a.Subrecipient shall perform the Work as required by and in accordance with the schedule or time requirements set forth in this Agreement. b.Failure to complete services as required shall constitute a breach of this Contract. c.The County shall have the option to allow the Subrecipient to cure a breach of this Contract (the “Cure Period”). Failure to cure a breach of this Contract within the County established Cure Period shall allow the County to, without further notice to the Subrecipient, declare this Contract terminated and proceed with the replacement of the Subrecipient and the County shall be entitled to all remedies available to it at law or in equity. 7.Criminal Background Check. a.Prior to beginning any work, conduct or cause to be conducted an Internet Criminal History Access Tool (ICHAT) check and a national and state sex offender registry check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement works directly with clients or has access to client information. i)ICHAT: http://apps.michigan.gov/ichat ii)Michigan Public Sex Offender Registry: http://www.mipsor.state.mi.us National Sex Offender Registry: http://www.nsopw.gov b.Prior to beginning any work, conduct or cause to be conducted a Central Registry (CR) check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement works directly with children or vulnerable adults. c.Central Registry: http://www.michigan.gov/mdhhs/0,5885,7-339- 73971_7119_50648_48330---,00.html d.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 Subcontractor 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. e.Require each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, may have access to any databases of information maintained by the federal government that contains confidential or personal information, including, but not limited to, federal tax information, to have a fingerprint background check performed by the Michigan State Police. f.Subcontractor shall notify Oakland County and MPHI in writing of any new employee, employee, subcontractor, subcontractor employee, or volunteer who works directly with clients or has access to client information of any positive ICHAT response, CR response, reported criminal felony conviction, or reported perpetrator identification prior to individual performing work under this Agreement. County and/or MPHI will will make a determination on eligibility of the individual to provide such services. Positive responses, criminal reports, or reported perpetrator identification shall be reported to Tracy Thompson via email at tthompso@mphi.org and Carrie Hribar at hribarc@oakgov.com. g.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 a determination by MPHI or County that the results of a positive ICHAT response or reported criminal felony conviction or perpetrator identification make the individual ineligible to provide such services. h.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 a determination MPHI or County that the results of a positive CR response or reported perpetrator identification make the individual ineligible to provide such services. 8.Confidentiality. Subrecipient will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of County without County’s prior written permission except to the extent necessary to perform services on County’s behalf. Proprietary or confidential information includes: a.Electronic information including but not limited to IP addresses, user histories, and content of electronic communications; b.Information belonging to the County, customers and/or suppliers of County about whom Subrecipient gained knowledge as a result of Subrecipient’s services to County. This information may contain any or all of the following: written, printed, graphic, or electronically recorded materials furnished by County for Subrecipient to use; business plans, customer lists, vendor lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind. Subrecipient shall not be restricted in using any material that is publicly available, already in Subrecipient’s possession, or known to Subrecipient without restriction, or that is rightfully obtained by Subrecipient from sources other than County. On termination of Subrecipient’s services to County, or at County’s request, Subrecipient shall deliver to County all materials in Subrecipient’s possession relating to County’s business. 9.Expenses. Subrecipient shall be responsible for all the Subrecipient’s expenses incurred while performing services under this Agreement. This includes license fees, memberships and dues; automobile and other travel expenses; meals and entertainment; insurance premiums; telephone; all salary/payroll expenses, and other compensation paid to employees or contract personnel that the Subrecipient hires to complete the work under this Agreement. 10.Materials. Subrecipient will furnish all materials, equipment and supplies used to provide the services required by this Agreement. a.Permits and Licenses. Subrecipient declares that Subrecipient has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement. b.Grantee shall not purchase capital assets or equipment without written approval of the County. 11.Payment and Terms of Payment. In consideration for the services to be performed by Subrecipient, County agrees to pay Subrecipient the compensation as set forth on Exhibit B and at completion of work performed on attached Exhibit A. 12.Independent Contractor Status. The parties agree that Subrecipient is an independent contractor, and that neither Subrecipient nor Subrecipient’s employees nor contract personnel are, or shall be deemed to be, employees of County. In its capacity as an independent contractor, Subrecipient agrees to and represents the following: a.Subrecipient has the right and does fully intend to perform agreed services during the term of this Agreement. b. Subrecipient has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. c. Subrecipient has the right to perform the services required by this Agreement at any place or location and at such times as Subrecipient may determine. d. The services required by this Agreement shall be performed by Subrecipient, or Subrecipient’s employees or contract personnel, and County shall not hire, supervise, or pay any assistants to help Subrecipient. e. Neither Subrecipient nor Subrecipient’s employees or contract personnel shall receive any training from County in the professional skills necessary to perform the services required by this Agreement. f. Neither Subrecipient nor Subrecipient’s employees or contract personnel shall be required by County to devote full time to the performance of the services required by this Agreement. g. The Subrecipient does not receive the majority of its annual compensation from County. h. The parties acknowledge and agree that County is entering into this Agreement with reliance on the representations made by the Subrecipient relative to its independent contractor status. 13. Benefits. Subrecipient understands that neither Subrecipient nor Subrecipient’s employees or contract personnel are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of County. 14. Workers’ Compensation. County shall not obtain workers’ compensation insurance on behalf of Subrecipient or Subrecipient’s employees. If Subrecipient hires employees to perform any work under this Agreement, Subrecipient will cover them with workers’ compensation insurance and provide County with a certificate of workers’ compensation insurance before the employees begin work. 15. Unemployment Compensation. County shall make no state or federal unemployment compensation payments on behalf of Subrecipient or Subrecipient’s employees or contract personnel. Subrecipient will not be entitled to these benefits in connection with work performed under this Agreement. If a Subrecipient (or Subrecipient’s employee) files a petition for and receives unemployment compensation from the County, the Subrecipient shall reimburse the County for the total amount of unemployment compensation awarded to and received by Subrecipient (or Subrecipient’s employee) or such amount shall be deducted from and be an offset against the amount of compensation due and payable to Subrecipient by County under this Agreement. 16. State and Federal Taxes. a. County will not withhold FICA (Social Security and Medicare taxes) from Subrecipient’s payments or make FICA payments on behalf of the Subrecipient or the Subrecipient’s employee or other personnel, or make state or federal unemployment compensation contributions, or withhold state or federal income tax from or on behalf of the Subrecipient or the Subrecipient’s employees or other personnel. b. Subrecipient shall pay all taxes arising from or incurred while performing services under this Agreement, including all applicable income, FICA, workers compensation, and/or unemployment taxes. On demand, Subrecipient shall provide County with proof that such payments have been made. 17. Insurance. Subrecipient, as an independent contractor, agrees to indemnify, defend, and hold harmless County from any and all liability arising out of or in any way related to Subrecipient’s performance of services during the term of this Agreement, including any liability resulting from negligent, grossly negligent, intentional or reckless acts or the acts of the employees or agents of Subrecipient. Specific insurance is required as set forth in the attached Exhibit C. 18. Dispute. In the event of any dispute or difference of any kind whatsoever, arising out of or in relation to or in connection with the validity or invalidity, construction, execution, meaning, operation or effect, change of or breach of this Agreement, which cannot be settled by the individuals who have executed this Agreement by signature, such dispute or difference shall be referred to the Parties’ respective CEOs (or equivalents) who shall meet together with a view to resolving the same within a period of not more than 30 days from the date of the submission. In the event that Parties’ respective CEOs are unable to amicably resolve such dispute or difference within a reasonable time, the Parties shall be free to pursue any and all available remedies at equity or law including binding or non-binding mediation if agreed to by both Parties. Pending resolution of such dispute or difference and without prejudice to their rights, the Parties shall continue to respect all their obligations and to perform all their duties under this Agreement. 19. Contractor Representation and Warranty Regarding Federal Excluded Parties List. The Subrecipient acknowledges that the County is receiving funds from or through the Federal Government and that such funds may not be used to pay any Contractor on the Federal Excluded Parties List (EPLS). The Subrecipient represents and warrants to the County that it is not on the Federal EPLS. If the Subrecipient is in non-compliance at any time during execution or term of this agreement (including any extensions thereof), the Subrecipient shall be in breach and the County shall be entitled to all remedies available to it at law or equity, specifically including but not limited to recovery of all moneys paid to the Subrecipient, all consequential damages (including the loss of grant funding or the requirement that grant funding be returned), and attorney fees (including the costs of in-house counsel) sustained as a result of the Subrecipient's non-compliance with this warranty and representation. 20. Applicable Law. a. This Agreement will be governed by the laws of the State of Michigan. b. The Subrecipient shall at all times comply with all applicable local, State and Federal laws, rules, and regulations applicable to this Contract and the work to be done herewith, specifically including but not limited to: i. The Elliott-Larsen Civil Rights Act, ii. The Americans with Disabilities Act, iii. The Michigan Persons with Disabilities Civil Rights Act, iv. Title IX of the Education Amendments of 1972, v. The Age Discrimination Act of 197, vi. The Drug Abuse Office and Treatment Act of 1972, vii. Occupational Safety and Health Administration (OSHA) and Michigan OSHA requirements, viii. Laws and regulations concerning environmental or pollution matters, ix. Laws and regulations concerning export and/or data security and/or destruction matters, x. Laws, ordinances, rules and regulations that may in any manner affect the safety of equipment or material used in accordance with this Agreement, those employed on the work, and the conduct of the work, xi. The Michigan Iran Economic Sanctions Act, 2012 P.A. 517, xii. State of Michigan Emergency Rules, Orders, and Directives. The Subrecipient shall indemnify and hold County harmless against any claim or liability arising from the violation of any such provisions. The Subcontractor shall not discriminate against minority-owned and women-owned businesses and businesses owned by persons with disabilities in subcontracting. Subcontractor acknowledges that discrimination is a material breach of this agreement. 21. Jurisdiction and Venue. The parties consent to the exercise of general personal jurisdiction over it by the appropriate courts in the State of Michigan. Any action on a controversy that arises under or in association with this Agreement shall be brought in the Oakland County Circuit Court, State of Michigan, which both parties agree is a reasonably convenient place for trial of the action. The parties both agree that their consent in accordance with this Section is not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means. 22. No Partnership. This Agreement does not create a partnership relationship. Neither party may enter into a contract on behalf of the other party. 23. Partial Invalidity. The partial invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expunction of the invalid provision. 24. Absence of Waiver. The failure of either party to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of such terms and conditions, shall not be construed as thereafter waiving such terms and conditions, which shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 25. Governmental Immunity. County does not waive its governmental immunity by entering into this Agreement, and fully retains all immunities and defenses provided by law with respect to any action based upon or occurring as a result of this Agreement. 26. Breach Notification and Recovery. Subrecipient will provide notification without unreasonable delay when citizens’ personally identifiable information is lost or stolen or there is unauthorized access or disclosure of non-public data. All communication relating to any of the data breach situations described in this section shall be coordinated with the County. When Subrecipient or its subcontractors are liable for the loss, Subrecipient shall bear all costs associated with the investigation, response and recovery from the breach including but not limited to credit monitoring services with a term of at least three years, mailing costs, website and toll free telephone call center services. The County shall not agree to any limitation on liability that relieves Subrecipient or its subcontractors from their own negligence or to the extent that it creates an obligation on the part of the County to hold a contractor harmless. a. Notification of Legal Requests. Subrecipient shall contact the County upon receipt of any electronic discovery, litigation holds, discovery searches, and expert testimonies related to, or which in any way might reasonably require access to the data of the County. Subrecipient shall not respond to subpoenas, service of process, and other legal requests related to the County without first notifying the County unless prohibited by law from providing such notice b. Security Logs and Reports. Subrecipient shall allow the County access to system security logs that affect this engagement, its data and or processes. This includes the ability for the County to request a report of the records that a specific user accessed over a specific period of time. 27. Health Insurance Portability and Accountability Act (HIPAA). To the extent that this act is pertinent to the services that Subrecipient provides to the County under this Agreement, Subrecipient assures that it is in compliance with HIPAA requirements, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) under the American Recovery and Reinvestment Act of 2009, PO 115-5. 28. Modifying the Agreement. This Agreement may be modified only by a writing signed by both parties. 29. Administration of the Agreement. The person acting for the County in administering this Agreement (hereinafter referred to as the Project Manager) is: Carrie Hribar Planning and Evaluation Supervisor (248)425-1230 hribarc@oakgov.com 30. Subricipient’s Financial Contact for the Agreement. The person acting for the Subrecipient on the financial reporting for this Agreement is: Annie Tan 586.416.2300 ext. 3517 tana@ccsem.org 31. Notices. a. All notices and other communication for the parties may be served, mailed, or delivered at the following addresses: If to the Subrecipient: Catholic Charities of Southeast Michigan/ La Casa Amiga Att: Luz E. Acosta Borbolla 76 Williams Street., Pontiac, Mi 48341 If to the County: Oakland County Health and Human Services Att. Carrie Hribar 1200 N Telegraph Bldg. 34 East Pontiac, MI 48341 b. Notice shall be deemed given as follows: i. If served by personal delivery or certified mail, upon receipt. ii. If served by US First Class Mail with postage pre-paid, service shall be deemed given two (2) business days after such mail was deposited with the US Postal Service assuming the deposit is made before the last posted pick up time at the place of deposit. iii. If served by email prior to 4:30 p.m., upon completion of the transmission unless the party making service learns that the attempted service did not reach the email address of the intended recipient or is returned as undeliverable. If served after 4:30 p.m., service shall be complete the following business day. 32. Miscellaneous. a. Force Majeure: Either party shall be excused from performance under this Agreement for any period of time during which the party is prevented from performing its obligations hereunder as a result of any Act of God, war, civil disobedience, court order, labor dispute, or other cause beyond the party's reasonable control. Such non- performance shall not constitute grounds for default. b. Titles and Headings: Titles and headings to articles, sections or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of the Agreement. c. Anticipatory Breach: If the Subrecipient, at any time before delivery of services, declares its intent not to perform in accordance with this Agreement, County shall have an immediate cause of action for breach of this Agreement, and shall be entitled to all remedies available to it at law or in equity. d. Assignment and Delegation: Subrecipient may not assign or subcontract any rights or obligations under this Agreement without County’s prior written approval. e. No Third Party Benefit: The provisions of this Agreement are for the benefit of the parties hereto, and not for the benefit of any other person or legal entity. f. Availability of Funds: Each payment obligation of County is conditioned upon the availability of government funds appropriated or allocated for the payment of this obligation. If funds are not allocated and available for continuance of the services performed herein, either party may terminate this Agreement at the end of the period for which funds are available. County shall notify the Subrecipient at the earliest possible time of the services that will or may be affected by the shortage of funds. No penalty shall accrue to either party in the event this provision is exercised, and neither party shall be obligated or liable for any further payments due or for any damages as a result of termination under this Section. g. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. h. Other Provisions: The parties hereby incorporate the additional provisions set forth on Exhibit D. SIGNATURES APPEAR ON NEXT PAGE 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: ________ DATE_____________________ David T. Woodward, Chairperson Oakland County Board of Commissioners 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. EXECUTED: ________________________________ DATE:_____________________ Printed Name:__________________________ Title:___________________________________ ___________________ 4/17/2023 Paul Propson, CEO CEO Paul Propson, CEO Contract Number: 10 EXHIBIT A SERVICES TO BE PROVIDED Catholic Charities of Southeast Michigan/ La Casa Amiga is responsible for the following activities during the funding period: • Hire or maintain a part-time Community Health Worker (CHW) (or Resource Navigator) that acts as a liaison with their clientele. • Ensure CHW attends onboarding and training meetings with Oakland County staff. • Identify or develop process for CHW to interact with organization clientele and screen clients for unmet needs using an identified Social Determinant of Health (SDOH) Screener. • Enter SDOH screening data into agency records or OCHD-developed reporting forms • Link clients to needed resources and provide assistance with securing or enrolling in services. • To best of ability, collect race and zip code data from clients receiving SDOH screening and referral services. • Identify and track areas with a lack of resources or barriers clients encounter trying to access services. • Provide OCHD with monthly feedback related to system barriers or gaps in services. • Provide OCHD with monthly SDOH and demographic data via reporting forms. • Send a representative to two council meetings per month.   • Assist with recruiting participants for focus groups.   • As appropriate and feasible, provide a space to host focus groups and/or provide a translator for focus group participants. • Provide input on the creation of a COVID-19 Health Equity Strategic Plan for Oakland County. The County will be responsible for the following: • Providing funds for a CHW (or resource navigator) during the funding period • Provide partners with SDOH screening questions • Provide reporting forms for resource feedback and SDOH data • Coordinate Health Equity Council meeting schedules and logistics • Provide the council with support for data analysis and information • Host focus groups to inform strategic planning • Identify and host training and orientation for Council members and CHWs • Identify resource databases and lists to assist CHWs with screening and referrals Contract Number: 11 EXHIBIT B PAYMENT AMOUNTS AND SCHEDULE The County, under the terms of this Agreement, shall reimburse Subrecipient for actual costs incurred in delivering health equity council services and activities. The total amount of the reimbursement shall not exceed Eleven Thousand and Five Hundred dollars ($11,500). 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. Method of Payment: 1. Maintain all financial records and reports as required by this Agreement and state and federal law including, but not limited to, time and effort records. 2. In monitoring the day-to-day performance of Subrecipient staff, utilize daily time sheets or time and effort records to track all daily activities of grant supported staff. 3. The Subrecipient shall prepare and submit a reimbursement invoice to County on a monthly basis for all Healthy Oakland County services and activities with allowable expenditures. In charging expenses to federal grants, adhere to costs principles of 2 CFR 200, Subpart E. Submit statements requesting reimbursement to: Carrie Hribar hribarc@oakgov.com 4. Subrecipient accepts reimbursement as payment in full. Contract Number: 12 EXHIBIT C INSURANCE REQUIRED The Subrecipient shall notify all insurance agents and companies retained by the Subrecipient that these insurance requirements shall be included in any Agreement between the Subrecipient and the 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 are defined as 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. 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. 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 Contract Number: 13 Liability limits to meet the combined limit requirement. Third-Party Employee Theft Insurance Coverage will be required in the minimum amount of the grant with the County of Oakland named 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. Contract Number: 14 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 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 it officers, directors, employees, appointees and commissioners as additional insured 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. Required Insurance Documentation 1. Certificate of Insurance The Subrecipient must provide a Certificate of Insurance evidencing the required insurance set forth above and it shall be attached to this agreement when signed. Contract Number: 15 EXHIBIT D ADDITIONAL PROVISIONS A. Responsibilities – Subrecipient 1. Publication Rights. Where the Subrecipient exclusively develops books, films, or other such copyrightable materials through activities supported by this agreement, the Subrecipient may copyright those materials. The materials that the Subrecipient copyrights cannot include service recipient information or personal identification data. Subrecipient agrees that the federal government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials copyrighted by the Subrecipient and authorizes others to reproduce and use such materials. Copyrighted materials or modifications bearing acknowledgment of the United States Department of Agriculture (USDA), and must be pre-approved by USDA prior to reproduction and use. The Subrecipient shall give recognition to the County in any and all publications papers and presentations arising from the program and service contract herein 2. Fees. Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as directed. Any under recoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. 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. 3. 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 future use. 4. 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. Assure that all terms of the agreement will be appropriately adhered to; and, that detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than four (4) years from the date of termination, the date of submission of the final expenditure report or until litigation or 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. 5. Audit and Authorized Access. 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 permit upon reasonable notification and at reasonable times, access by authorized representatives of the County, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files, and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. 6. Notification of Modifications. Provide timely notification to the County, in writing, of any action by Contract Number: 16 the Subrecipient, its governing board or any other funding source which would require or result in significant modification in the provision of services or funding or compliance with operational procedures. 7. Software Compliance. The Subrecipient must ensure software compliance and compatibility with the County’s data systems for services provided under this agreement including, but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this Agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Subrecipient’s business operations for processing date/time data. 8. Human Subjects. The Subrecipient will comply with Protection of Human Subjects Act, 45 CFR, Part 46.The Subrecipient agrees to submit all research involving human subjects, which is conducted in programs sponsored by the County, or in programs which receive funding from or through the State of Michigan, to the County and to the Institutional Review Board (IRB) of the MDHHS for approval prior to initiation of the research. 9. Mandatory Disclosures. The Subrecipient must disclose to the County in writing within 14 days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, “Proceeding”) involving Subrecipient, a subcontractor, or an officer or director of Subrecipient or subcontract, or that arises during the term of this Agreement including: 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; e. A civil Proceeding involving; i. A claim that might reasonably be expected to adversely affect Subrecipient’s viability or financial stability; or ii. A governmental or public entity’s claim or written allegation of fraud; or f. A Proceeding involving any license that Subrecipient is required to possess in order to perform under this Agreement. 10. Conflict of Interest and Code of Conduct Standards. a. 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). b. The Subrecipient will uphold high ethical standards and is prohibited from: i) Holding or acquiring an interest that would conflict with this Agreement. ii) Doing anything that creates an appearance of impropriety with respect to the award or performance of this Agreement. iii) Attempting to influence or appearing to influence any County employee by the direct or indirect offer of anything of value; or iv) Paying or agreeing to pay any person, other than employees and consultants working for Subrecipient, any consideration contingent upon the award of this Agreement. c. Immediately notify the County of any violation or potential violation of these Contract Number: 17 standards. This Section applies to Subrecipient, any parent, affiliate, or subsidiary organization of Subrecipient, and any subcontractor that performs activities in connection with this Agreement. 11. Non-Discrimination. The Subrecipient agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any manner directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual’s ability to perform the duties of the particular job or position or to receive services. The Subrecipient further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. 12. Anti-Lobbying Act. The Subrecipient will comply with the Anti-Lobbying Act, (31 USC 1352, as revised by the Lobbying disclosure Act of 1995, being 2 USC 1601 et seq.), and section 503 of the County’s of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act (Public Law 104 – 208). Further, the Contractor 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. 13. Debarment and Suspension. The Subrecipient assures that it will comply with federal regulations 45 C.F.R., Part 76 and certifies to the best of its knowledge and belief it: a. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Has not within the three-year period preceding this Agreement been convicted of or had a civil judgment rendered against it for commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) 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 or receiving stolen property; c. Is not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in (b) above; and d. Has not within the three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. This Agreement may be terminated immediately without further liability to County if Subrecipient or an official or employee of Subrecipient is convicted of any activity referenced in this Section during the term of this Agreement or any extension thereof. 14. Pro-Children Act. The Subrecipient will comply with Public Law 103-227, also known as the Pro- Children Act of 1994 (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 services, education or library services Contract Number: 18 to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children’s services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable funds is Medicare or Medicaid; or facilities where WIC coupons are redeemed. 15. Smoke-Free Environment. The Subrecipient also assures that any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Subrecipient. If activities or services are delivered in facilities or areas that are not under the control of the Subrecipient (e.g., a mall, restaurant or private site), the activities or services shall be smoke- free. 16. Procurement. The Subrecipient will assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 (as revised), implemented through applicable portions of the associated “Common Rule” as promulgated by responsible federal Contractor(s), or OMB Circular A- 110 as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period 17. Hatch Political Activity Act and Intergovernmental Personnel Act. The Subrecipient will comply with the Hatch Political Activity Act 5 USC 1501-1508 and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, Section 42 USC 4728. 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. 18. Master Agreement. The Subrecipient will be subject to the master agreement (Comprehensive Agreement) between the United States Department of Agriculture and the County. In the event of a conflict between the subcontract and provisions of the master agreement, the provisions of the master agreement shall prevail. B. Responsibilities - County 1. Notification of Modifications. Notify the Subrecipient in writing of modifications to Federal or State laws, rules and regulations affecting this agreement. 2. Identification of Laws. Identify for the Subrecipient relevant laws, rules, regulations, policies, procedures, guidelines and State and Federal manuals, and provide copies of these documents to the extent they are not otherwise available to the Subrecipient. 3. Modification of Funding. Notify the Subrecipient in writing within thirty (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 Management and Budget on behalf of the Governor or the Legislature. Implementation of the modifications will be determined jointly by the Subrecipient and the County. Contract Number: 19 4. Monitor Compliance. Monitor compliance with all applicable provisions contained in federal and state grant awards and their attendant rules, regulations and requirements pertaining to program elements covered by this agreement. 5. Technical Assistance. Make technical assistance available to the Subrecipient for the implementation of this agreement, as resources allow. C. Terms and Conditions 1. Compliance with Applicable Laws. The Subrecipient will comply with applicable federal and state laws, guidelines, rules and regulations, professional licenses, permits, and certificates in carrying out the terms of this agreement. The Subrecipient will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. 2. Subcontracts of the Subrecipient. Assure for any subcontracted service, activity or products: a. Subrecipient may not assign or subcontract any rights or obligations under this Agreement without County’s prior written approval. a. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions may be granted by the County upon written request. b. That any executed subcontract shall require the Subrecipient to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: i. Contains additional non-conflicting provisions not set forth in this agreement; or ii. Restates provisions of this agreement to afford the Subrecipient the same or substantially the same rights and privileges as the County; or iii. Requires the Subcontractor to perform duties and/or services in less time than that afforded the Subrecipient in this agreement. c. That the subcontract does not affect the Subrecipient’s accountability to the County for the subcontracted activity. d. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. e. That the Subrecipient will submit a copy of the subcontract to the County upon request. f. That subcontracts in support of programs or elements utilizing funds provided by the County, the State of Michigan or the federal government in excess of $10,000 shall contain provisions or conditions that will: i. Allow the Subrecipient or County to seek administrative, contractual or legal remedies in instances in which the Subrecipient violates or breaches contract terms, and provide for such remedial action as may be appropriate. ii. Provide for termination by the Subrecipient, including the manner by which termination will be effected and the basis for settlement. 3. Unobligated Funds. Any unobligated balance of funds held by the Subrecipient at the end of the agreement period will be returned to the County or treated in accordance with instructions provided by the County. The County has the option to assume no responsibility or liability for costs incurred by the Subrecipient prior to the signing of this agreement. Contract Number: 20 4. Final Reporting. Should either party terminate this agreement, within thirty (30) days after the termination, the Subrecipient shall provide the County with all financial performance, and other reports required as a condition of the agreement. The County will make payments to the Subrecipient for allowable reimbursable costs not covered by previous payments, other state or federal programs. The Subrecipient shall immediately refund to the County funds not authorized for use and any payments advanced to the Subrecipient in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. 5. Amendments. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing, and signed by each party or an authorized representative of each party. 6. Confidentiality. Both County and Subrecipient shall assure that the health services to and information contained in medical records of persons served under this Agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this Agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law, or regulation. Such information may be disclosed in summary, statistical or other form which does not directly or indirectly identify particular individuals. 7. Relationship of Parties a. The parties agree that Subrecipient is an independent contractor for the purposes of this Agreement. Subrecipient shall not be considered an agent or employee of County for any purpose, and neither the Subrecipient nor its employees are entitled to any of the benefits that the County provides for its employees. Subrecipient shall not be subject to or covered by any of the County’s employee handbooks, collective bargaining agreements, or personnel policies. b. County shall not be responsible for covering Subrecipient under any worker’s compensation insurance or unemployment compensation insurance plans. Subrecipient represents and warrants that it: i. is covered by a worker’s compensation insurance policy procured and paid for by it; or ii. has a valid Notice of Exclusion on file with the Michigan Bureau of Workers’ Disability Compensation; or iii. is a “sole proprietor” within the meaning of the Michigan Workers’ Disability Compensation Act and has no employees. Subrecipient shall notify County immediately if the status of said coverage, notice or sole proprietorship changes. c. Subrecipient shall have no authority or right to obligate County in any way whatsoever. Subrecipient shall identify itself as an independent contractor and shall not hold itself out as an employee or agent of County. d. County does not agree to use Subrecipient exclusively, and remains free to enter into contracts for similar or other services with other individuals or entities during the course of this Agreement. 8. Conflict of Interest. County and Subrecipient are subject to the provisions of Public Act No. 317 of Contract Number: 21 1968, as amended (MCL 15.321 et seq., MSA 4.1700 (51) et seq.); and Public Act No. 196 of 1973, as amended (MCL 15.341 et seq., MSA 4.1700 (71) et seq.). 9. Entire Agreement. This Agreement, together with any affixed schedules and exhibits, shall constitute the entire agreement between the parties. Any prior understanding, representation or negotiation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 10. Attorney Review. The parties represent that they have carefully read this Agreement and have had the opportunity to review it with an attorney. The parties affirmatively state that they understand the contents of this Agreement and sign it as their free act and deed. Contract Number: 22 EXHIBIT E SUBCONTRACTOR AGREEMENT BETWEEN MICHIGAN PUBLIC HEALTH INSTITUTE AND OAKLAND COUNTY