HomeMy WebLinkAboutReports - 2023.09.14 - 40523
AGENDA ITEM: Acceptance from the Michigan Department of Health and Human Services for the
2023 Pontiac Integrated Urgent Care Agreement
DEPARTMENT: Health & Human Services
MEETING: Board of Commissioners
DATE: Thursday, September 14, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3200
Motion to approve the attached 2023 Pontiac Integrated Urgent Care Agreement with the Michigan
Department of Health and Human Services in the amount of $5,000,000 for the period February 1,
2023 through September 30, 2023 and authorize the Chair of the Board of Commissioner to execute
this agreement; further, amend the FY 2023 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The Michigan Department of Health and Human Services (MDHHS) has awarded the Oakland
County Health Division funding in the amount of $5,000,000 for the period February 1, 2023 through
September 30, 2023. Funding will support the creation of an integrated urgent care to improve
access to primary care and mental health services. The focus of the program is to improve access
to primary care and mental health services, regardless of ability to pay, and offer in-person and
telehealth visits to limit barriers to seeking care.
No County match is required and this grant agreement has completed the Grant Review Process in
accordance with the Grants Policy.
BUDGET AMENDMENT REQUIRED: Yes
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
Aaron Snover, Board of Commissioners Created/Initiated - 9/14/2023
AGENDA DEADLINE: 09/14/2023 6:00 PM
ATTACHMENTS
1. PH&S_HHS_Health- Pontiac Integrated Urgent Care_Sch A
2. Grant Review Sign-Off
3. Contact draft
4. Addendum A
5. ATT B3
6. ATT C
7. ATT E
COMMITTEE TRACKING
2023-09-05 Public Health & Safety - Recommend and Forward to Finance
2023-09-06 Finance - Recommend to Board
2023-09-14 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Christine Long
Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Brendan Johnson, Gary McGillivray, Michael Gingell (3)
Passed
Oakland County, Michigan
HEALTH AND HUMAN SERVICES - HEALTH DIVISION - PONTIAC INTEGRATED URGENT CARE GRANT FY2023
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Regio
n
(REG)
Budget
Fund
Affiliat
e (BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R Human Service GrantsHealth FND11007 CCN1060102 RC615571 PRG133150 GRN-1004135 615000 State Operating Grants $5,000,000 $-$-
Total Revenues $5,000,000 $-$-
E Human Service GrantsHealth FND11007 CCN1060102 SC730373 PRG133150 GRN-1004135 730000 Contracted Services 5,000,000 --
Total Expenditures $5,000,000 $-$-
GRANT REVIEW SIGN-OFF – Health and Human Services/ Health Division
GRANT NAME: Pontiac Integrated Urgent Care Grant FY2023
FUNDING AGENCY: Michigan Department of Health and Human Services
DEPARTMENT CONTACT: Stacey Smith 248-452-2151
STATUS: Acceptance (Greater than $10,000)
DATE: 08/30/2023
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 acceptance package (which should include this sign-off
email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (08/29/2023)
Human Resources:
Approved by Human Resources. No position impact – Heather Mason (08/28/2023)
Risk Management:
Approved. Allows the County to self-insure and waives the additional insured requirement for self-insureds.
– Robert Erlenbeck (08/28/2023)
Corporation Counsel:
Approved – Bradley Benn (08/29/2023)
Agreement #: E20235325-00
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.Period of Agreement:
This Agreement will commence on February 1, 2023, and continue through
September 30, 2023. No activity will be performed and no costs to the state will be
incurred prior to February 1, 2023 . Throughout the Agreement February 1, 2023, will
be referred to as the start date. This Agreement is in full force and effect for the
period specified.
2.Program Budget and Agreement Amount:
A.Agreement Amount
The total amount of this Agreement is $5,000,000.00. Under the terms of this
Agreement, the Department will provide funding not to exceed $5,000,000.00.
The source of funding provided by the Department can be obtained in the
Schedule of Financial Assistance, available on-demand in the EGrAMS
electronic grants management system (http://egrams-mi.com/mdhhs).
The Agreement is designated as a:
Subrecipient relationship (federal funding); or
X Recipient (non-federal funding).
The Agreement is designated as:
Research and development project; or
X Not a research and development project.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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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.Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15%, whichever is greater, is permissible without prior written approval of the
Department. Any modification or deviations in excess of this provision,
including any adjustment to the total amount of this Agreement, must be made
in writing and executed by all parties through an amendment to this Agreement
before the modifications can be implemented. This deviation allowance does
not authorize new categories, subcontracts, equipment items or positions not
shown in the attached Program Budget Summary and supporting detail
schedules.
3.Purpose:
The focus of the program is to improve access to primary care and mental health
services, regardless of ability to pay, and offer in-person and telehealth visits to limit
barriers to seeking care.
4.Statement of Work:
The Grantee agrees to undertake, perform and complete the activities described in
Attachment A, which is part of this Agreement.
5.Financial Requirements:
The financial requirements must be followed as described in Part 2 and Attachment B,
which are part of this Agreement.
6.Performance/Progress Report Requirements:
The progress reporting methods must be followed as described in Part 2 and
Attachment C, which are part of this Agreement.
7.General Provisions:
The Grantee agrees to comply with the General Provisions as described in Part 2 and
Attachment E, which is part of this Agreement.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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8.Administration of the Agreement:
The person acting for the Department in administering this Agreement (hereinafter
referred to as the Contract Manager) is:
___________________________________________________________________
Name Title Telephone No. Email Address
9.Grantee's Financial Contact for the Agreement:
The financial contact acting on behalf of the Grantee for this Agreement is:
Cassondra Light Accountant
___________________________________________________________________
Name Title
lightc@oakgov.com (248) 858-0996
___________________________________________________________________
E-Mail Address Telephone No.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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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 the
availability of funds.
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 will not assume any 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 the GRANTEE
Oakland County Department of Health and Human Services/ Health Division
David T. Woodward County Commissioner
___________________________________________________________________
Name Title Date
For the Michigan Department of Health and Human Services
Christine H. Sanches 05/17/2023
___________________________________________________________________
Christine H. Sanches, Director Date
Bureau of Grants and Purchasing
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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Part 2
General Provisions
I.Responsibilities - Grantee
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.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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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
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
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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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
This section only applies to Grantees designated as subrecipients by the
Department (see Part 1, Section II. A.).
1.Required Audit or Audit Exemption Notice
Submit to the Department either a Single Audit, Financial Related Audit
or Audit Exemption Notice as described below. A Financial Related
Audit is applicable to for-profit Grantees that are designated as
subrecipients. If submitting a Single Audit or Financial Related Audit,
Grantees must also submit a corrective action plan prepared in
accordance with 2 CFR 200.511(c) for any audit findings that impact the
Department funded programs, and management letter (if issued) with a
corrective action plan.
a.Single Audit
Grantees that are a state, local government or non-profit
organization that expend $750,000 or more in federal awards
during the Grantee’s fiscal year must submit a Single Audit to
the Department, regardless of the amount of funding received
from the Department. The Single Audit must comply with the
requirements of 2 CFR 200 Subpart F. The Single Audit
reporting package must include all components described in 2
CFR 200.512 (c).
b.Financial Related Audit
Grantees that are for-profit organizations that expend $750,000
or more in federal awards during the Grantee’s fiscal year must
submit either a financial related audit prepared in accordance
with Government Auditing Standards relating to all federal
awards, or an audit that meets the requirements contained in 2
CFR 200 Subpart F, if required by the federal awarding agency.
c.Audit Exemption Notice
Grantees exempt from the Single Audit and Financial Related
Audit requirements (a. and b. above) must submit an Audit
Exemption Notice that certifies these exemptions. The
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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template Audit Exemption Notice and further instructions are
available at State of Michigan - MDHHS by selecting Inside
MDHHS – MDHHS Audit - Audit Reporting.
2.Financial Statement Audit
Grantees exempt from the Single Audit and Financial Related Audit
requirements (that are required to submit an Audit Exemption Notice as
described above) must submit to the Department a Financial Statement
Audit prepared in accordance with generally accepted auditing
standards if the audit includes disclosures that may negatively impact
the Department funded programs including but not limited to fraud,
going concern uncertainties, financial statement misstatements and
violations of the Agreement requirements. If submitting a Financial
Statement Audit, Grantees must also submit a corrective action plan for
any audit findings that impact the Department funded programs.
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 of the end of the Grantee’s fiscal year by e-mail to
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
submissions must be assembled in PDF files 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 or
Financial Related Audit, including any management letter and
applicable corrective action plan(s) within nine months after the
end of the Grantee’s fiscal year, the Department may withhold
from any payment from the Department to the Grantee an
amount equal to five percent of the audit year’s grant funding
(not to exceed $200,000) until the required filing is received by
the Department. The Department may retain the amount
withheld if the Grantee is more than 120 days delinquent in
meeting the filing requirements. The Department may terminate
any current grant agreements if the Grantee is more than 180
days delinquent in meeting the filing requirements.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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b.Delinquent Audit Exemption Notice
Failure to submit the Audit Exemption Notice, when required,
may result in withholding from any payment from Department to
the Grantee an amount equal to one percent of the audit year’s
grant funding until the Audit Exemption Notice is received.
5.Other Audits
The Department or federal agencies may also conduct or arrange for
agreed upon procedures or additional audits to meet their needs.
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
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.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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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;
e.A civil Proceeding involving:
A claim that might reasonably be expected to1.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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adversely affect Grantee’s viability or financial stability;
or
A governmental or public entity’s claim or written
allegation of fraud; or
2.
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
3.
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 the Delivery of
Public Health Services under the Local Health Department Agreement via
Grantee/Department negotiated amendment(s). Failure to submit a complete
Annual Budget and Plan by the due date through MI E-Grants will result in the
deferral of Department payments until these documents are submitted.
O.Maintenance of Effort
Comply with maintenance of effort requirements for Essential Local Public
Health Services (ELPHS), as defined in the current Department appropriation
act, and Family Planning in accordance with federal requirements, except as
noted in Section 3.C.3 of Part I.
P.Accreditation
1.Comply with the local public health accreditation standards and follow
the accreditation process and schedule established by the Department
to achieve full accreditation status.
a.Failure to meet all accreditation requirements or implement
corrective plans of action within the prescribed time period will
result in the status of “Not Accredited.” Grantees designated as
“Not Accredited” may have their Department allocations
reduced for costs incurred in the assurance of service delivery.
b.Submit a written request for inquiry to the Department should
the Grantee disagree with on-site review findings or their
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
Health Division, Pontiac Integrated Urgent Care - 2023
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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.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;
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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.
R.Travel Costs
1.Be reimbursed for travel costs (including mileage, meals, and lodging)
budgeted and incurred related to activities provided under this
Agreement.
a.If the Grantee has a documented policy related to travel
reimbursement for employees and if the Grantee follows that
documented policy, the Department will reimburse the Grantee
for travel costs at the Grantee’s documented reimbursement
rate for employees. Otherwise, the state of Michigan travel
reimbursement rate applies.
b.State of Michigan travel rates may be found at the following
website: http://www.michigan.gov/dtmb/0,5552,7-358-
82548_13132---,00.html.
c.International travel must be pre-approved by the Department
and itemized in the budget.
S.Federal Funding Accountability and Transparency Act (FFATA)
1.Complete and upload the FFATA Executive Compensation report to the
EGrAMS agency profile if:
a.The Grantee’s federal revenue was 80% or more of the
Grantee’s annual gross revenue; AND
b.Grantee’s gross revenue from federal awards was $25,000,000
or more; AND
c.The public does not have access to the information about
executive officers’ compensation through periodic reports filed
under Section 13(a) or 15(d) of the Securities Exchange Act of
1934 or Section 6104 of the Internal Revenue Code of 1986.
2.The FFATA Executive Compensation report template can be found in
EGrAMS documents.
T.Insurance Requirements
1.Maintain at least a minimum of the insurances or governmental self-
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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 20 10 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.
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
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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 new employee, employee, subcontractor, subcontractor employee,
or volunteer who under this Agreement works directly with children.
a.Central Registry: https://www.michigan.gov/mdhhs/0,5885,7-
339-73971_7119_50648_48330-180331--,00.html
3.Require each new employee, employee, subcontractor, subcontractor
employee, or volunteer who, under this Agreement, works directly with
clients or who has access to client information to notify the Grantee in
writing of criminal convictions (felony or misdemeanor), pending felony
charges, or placement on the Central Registry as a perpetrator, at hire
or within 10 days of the event after hiring.
4.Determine whether to prohibit any employee, subcontractor,
subcontractor employee, or volunteer from performing work directly with
clients or accessing client information related to clients under this
Agreement, based on the results of a positive ICHAT response or
reported criminal felony conviction or perpetrator identification.
5.Determine whether to prohibit any employee, subcontractor,
subcontractor employee or volunteer from performing work directly with
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.
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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 30 days
prior to their required usage in order to afford the Grantee an opportunity to
review.
C.Notification of Modifications
Notify the Grantee in writing of modifications to federal or state laws, rules and
regulations affecting this Agreement.
D.Identification of Laws
Identify for the Grantee relevant laws, rules, regulations, policies, procedures,
guidelines and state and federal manuals, and provide the Grantee with copies
of these documents to the extent they are not otherwise available to the
Grantee.
E.Modification of Funding
Notify the Grantee in writing within 30 calendar days of becoming aware of the
need for any modifications in Agreement funding commitments made
necessary by action of the federal government, the governor, the legislature or
the Department of Technology Management and Budget on behalf of the
governor or the legislature. Implementation of the modifications will be
determined jointly by the Grantee and the Department.
F.Monitor Compliance
Monitor compliance with all applicable provisions contained in federal grant
awards and their attendant rules, regulations and requirements pertaining to
program elements covered by this Agreement.
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.
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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.
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 and state statutes relating to
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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. 290 dd-2), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
h.Any other nondiscrimination provisions in the specific statute(s)
under which application for federal assistance is being made;
and,
i.The requirements of any other nondiscrimination statute(s)
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;
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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,
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
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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
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
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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/or activities 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 activities.
5.That the Grantee will submit a copy of the executed subcontract if
requested by the Department.
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.
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:
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1.The Grantee must not share any protected health information provided
by the Department that is covered by HIPAA except as permitted or
required by applicable law, or to a subcontractor as appropriate under
this Agreement.
2.The Grantee will ensure that any subcontractor will have the same
obligations as the Grantee not to share any protected health data and
information from the Department that falls under HIPAA requirements in
the terms and conditions of the subcontract.
3.The Grantee must only use the protected health data and information
for the purposes of this Agreement.
4.The Grantee must have written policies and procedures addressing the
use of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable
federal and state requirements including the HIPAA regulations. These
policies and procedures must include restricting access to the protected
health data and information by the Grantee’s employees.
5.The Grantee must have a policy and procedure to immediately report to
the Department any suspected or confirmed unauthorized use or
disclosure of protected health information that falls under the HIPAA
requirements of which the Grantee becomes aware. The Grantee will
work with the Department to mitigate the breach and will provide
assurances to the Department of corrective actions to prevent further
unauthorized uses or disclosures. The Department may demand
specific corrective actions and assurances and the Grantee must
provide the same to the Department.
6.Failure to comply with any of these contractual requirements may result
in the termination of this Agreement in accordance with Part 2, Section
V.
7.In accordance with HIPAA requirements, the Grantee is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information, including without limitation the
Department’s costs in responding to a breach, received by the Grantee
from the Department or any other source.
8.The Grantee will enter into a business associate agreement should the
Department determine such an agreement is required under HIPAA.
N.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
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internet communication platforms or technologies without the prior written
approval of the Department.
O.Survival
The provisions of this Agreement that impose continuing obligations will
survive the expiration or termination of this Agreement.
P.Non-Disclosure of Confidential Information
1.The Grantee agrees that it will use confidential information solely for the
purpose of this Agreement. The Grantee agrees to hold all confidential
information in strict confidence and not to copy, reproduce, sell, transfer
or otherwise dispose of, give or disclose such confidential information to
third parties other than employees, agents, or subcontractors of a party
who have a need to know in connection with this Agreement or to use
such confidential information for any purpose whatsoever other than the
performance of this Agreement. The Grantee must take all reasonable
precautions to safeguard the confidential information. These
precautions must be at least as great as the precautions the Grantee
takes to protect its own confidential or proprietary information.
2.Meaning of Confidential Information
For the purpose of this Agreement the term “confidential information”
means all information and documentation that:
a.Has been marked “confidential” or with words of similar
meaning, at the time of disclosure by such party;
b.If disclosed orally or not marked “confidential” or with words of
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
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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.
Q.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 & 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
An operating advance may be requested by the Grantee to assist with
program operations. The request should be addressed to the Contract
Manager identified in Part 1, Section VIII. The operating advance will be
administered as follows:
1.The operating advance amount requested must be reasonable in
relation to factors including but not limited to program requirements, the
period of the Agreement, and the financial obligation. The advance must
not exceed 16.67 percent of operating expenses. Operating advances
will be monitored and adjusted by the Department relative to the
Agreement amount.
2.The operating advance must be recorded as an account payable liability
to the Department in the Grantee’s financial records. The operating
advance payable liability must remain in the Grantee’s financial records
until fully recovered by the Department.
3.The reimbursement for actual expenditures by the Department should
be used by the Grantee to replenish the operating advance used for
program operations.
4.The operating advance must be returned to the Department within 30
days of the end date of this Agreement unless the Grantee has a
recurring agreement with the Department. Subsequent Department
agreements may not be executed if an outstanding operational advance
has not been repaid.
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The Department may obtain the Michigan Department of Treasury’s
assistance in collecting outstanding operating advances. The
Department will comply with the Michigan Department of Treasury’s
Due Process procedures prior to forwarding claims to Treasury. Specific
Due Process procedures include the following:
a.An offer from the Department of a hearing to dispute the debt,
identifying the time, place and date of such hearing.
b.A hearing by an impartial official.
c.An opportunity for the Grantee to examine the Department’s
associated records.
d.An opportunity for the Grantee to present evidence in person or
in writing.
e.A hearing official with full authority to correct errors and decide
not to forward debt to Treasury.
f.Grantee representation by an attorney and presentation of
witnesses if necessary.
5.If the Grantee has a recurring agreement with the Department, the
Department requires an annual confirmation of the outstanding
operating advance. At the end of either the Agreement period or
Department’s fiscal year, whichever is first, the Grantee must respond to
the Department’s request for confirmation of the operating advance.
Failure to respond to the confirmation request may result in the
Department recovering all or part of an outstanding operating advance.
B.Reimbursement Method
The Grantee will be paid for allowable expenditures incurred by the Grantee,
submitted for reimbursement on the Financial Status Reports (FSRs) and
approved by the Department. Reimbursement from the Department is based
on the understanding that Department funds will be paid up to the total
Department allocation as agreed to in the approved budget. Department funds
are the first source after the application of fees and earmarked sources unless
a specific local match condition exists.
C.Financial Status Report Submission
The Grantee must electronically prepare and submit FSRs to the Department
via the EGrAMS website http://egrams-mi.com/mdhhs.
FSRs must be submitted on a monthly basis, no later than 30 days after the
close of each calendar month. The monthly FSRs must reflect total actual
program expenditures, up to the total agreement amount. Failure to meet
financial reporting responsibilities as identified in this Agreement may result in
withholding future payments.
The Grantee representative who submits the FSR is certifying to the best of
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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.
The instructions for completing the FSR form are available on the EGrAMS
website http://egrams-mi.com/mdhhs. Send FSR questions to
FSRMDHHS@michigan.gov.
D.Reimbursement Mechanism
All Grantees must register using the on-line vendor self-service site to receive
all state of Michigan payments as Electronic Funds Transfers (EFT)/Direct
Deposits, as mandated by MCL 18.1283a. Vendor registration information is
available through the Department of Technology, Management and Budget’s
web site: https://www.michigan.gov/sigmavss.
E.Final Obligations and Financial Status Reporting Requirements
1.Obligation Report
The Obligation Report, based on annual guidelines, must be submitted
by the due date established by and using the format provided by the
Department’s Expenditures Operations Division. The Grantee must
provide an estimate of unbilled expenditures for the entire Agreement
period. The information on the report will be used to record the
Department’s year-end accounts payable and receivable for this
Agreement.
2.Department-wide Payment Suspension
A temporary payment suspension is in effect on agreements during the
Department’s year-end closing period. The Department will notify the
Grantee of the date by which FSRs should be submitted to ensure
payment prior to the payment suspension period.
3.Final FSRs
Final FSRs are due 61 days following the end of the Agreement period.
The final FSR must be clearly marked “Final." Final FSRs not received
by the due date may result in the loss of funding requested on the
Obligation Report and may result in a potential reduction in a
subsequent year's Agreement amount.
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 within 30 days of the end
of the Agreement or treated in accordance with instructions provided by the
Department.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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G.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
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
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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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.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.
X.Amendments
Any changes to this Agreement will be valid only if made in writing and executed by all
parties through an amendment to this Agreement. Any change proposed by the
Grantee which would affect the Department funding of any project must be submitted
in writing to the Department immediately upon determining the need for such change.
The Department has sole discretion to approve or deny the amendment request. The
Grantee must, upon request of the Department and receipt of a proposed amendment,
amend this Agreement.
XI.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
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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provided by statute or court decisions.
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.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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3 Attachment A2 - Oakland County Addendum
Addendum A - Oakland County Addendum
A Attachment A - Statement of Work
Objective :Subrecipient Agreement issuance
Activity :Work with Oakland County Corporation Counsel to draft subrecipient
agreements for Honor Community Health and Oakland Community
Health Network
Responsible Staff :Leigh-Anne Stafford
Date Range :02/01/2023 - 09/30/2023
Expected Outcome :To negotiate contract and execute the agreement once agreed upon by
all parties.
Measurement :This outcome will be measure by issuance of a fully executed
agreement once approved by Oakland County Board of
Commissioners.
Objective :Secure building location
Activity :Honor Community health will secure building location and sign lease
agreement
Responsible Staff :Leigh-Anne Stafford
Date Range :02/01/2023 - 09/30/2023
Expected Outcome :Honor Community health will secure building location and sign lease
agreement within six (6) months of signing the executed subrecipient
agreement with Oakland County.
Measurement :This outcome will be measure by receipt of the lease agreement by
agreed upon time.
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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B1 Attachment B1 - Program Budget Summary
PROGRAM
Pontiac Integrated Urgent Care - 2023
DATE PREPARED
5/17/2023
CONTRACTOR NAME
Oakland County Department of Health and Human Services/
Health Division
BUDGET PERIOD
From : 2/1/2023 To : 9/30/2023
MAILING ADDRESS (Number and Street)
1200 N. Telegraph Rd.
34 East
BUDGET AGREEMENT
Original Amendment
AMENDMENT #
0
CITY
Pontiac
STATE
MI
ZIP CODE
48341-1032
FEDERAL ID NUMBER
38-6004876
Category Total Amount
DIRECT EXPENSES
Program Expenses
1 Salary & Wages 0.00 0.00
2 Fringe Benefits 0.00 0.00
3 Employee Travel and Training 0.00 0.00
4 Supplies & Materials 0.00 0.00
5 Subawards – Subrecipient Services 0.00 0.00
6 Contractual - Professional Services 5,000,000.00 5,000,000.00
7 Communications 0.00 0.00
8 Grantee Rent Costs 0.00 0.00
9 Space Costs 0.00 0.00
10 Capital Expenditures - Equipment & Other 0.00 0.00
11 Client Assistance - Rent 0.00 0.00
12 Client Assistance - All Other 0.00 0.00
13 Other Expense 0.00 0.00
Total Program Expenses 5,000,000.00 5,000,000.00
TOTAL DIRECT EXPENSES 5,000,000.00 5,000,000.00
INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs 0.00 0.00
2 Cost Allocation Plan 0.00 0.00
Total Indirect Costs 0.00 0.00
TOTAL INDIRECT EXPENSES 0.00 0.00
TOTAL EXPENDITURES 5,000,000.00 5,000,000.00
SOURCE OF FUNDS
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Category Total Amount Cash Inkind
1 Source of Funds
MDHHS State Agreement 5,000,000.00 5,000,000.00 0.00 0.00
Fees and Collections - 1st and 2nd
Party
0.00 0.00 0.00 0.00
Fees and Collections - 3rd Party 0.00 0.00 0.00 0.00
Local 0.00 0.00 0.00 0.00
Non-MDHHS State Agreements 0.00 0.00 0.00 0.00
Federal 0.00 0.00 0.00 0.00
Other 0.00 0.00 0.00 0.00
In-Kind 0.00 0.00 0.00 0.00
Federal Cost Based Reimbursement 0.00 0.00 0.00 0.00
Total Source of Funds 5,000,000.00 5,000,000.00 0.00 0.00
Totals 5,000,000.00 5,000,000.00 0.00 0.00
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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B2 Attachment B2 - Program Budget - Cost Detail Schedule
Line Item Qty Rate Units UOM Total
DIRECT EXPENSES
Program Expenses
1 Salary & Wages
2 Fringe Benefits
3 Employee Travel and Training
4 Supplies & Materials
5 Subawards – Subrecipient Services
6 Contractual - Professional Services
Subcontracting Agency-Honor
Contact Details : Honor
Community Health
461 W Huron St # 107, Pontiac,
MI 48341,
Pontiac,MI,48341,
Phone : 2487247600
0.0000 0.000 0.000 3,000,000.00
Subcontracting Agency-OCHN
Contact Details : Oakland
Community Health Network
5505 Corporate Dr #2614,,
Tory,MI,48098,
Phone : 2488581210
0.0000 0.000 0.000 2,000,000.00
Total for Contractual - Professional Services 5,000,000.00
7 Communications
8 Grantee Rent Costs
9 Space Costs
10 Capital Expenditures - Equipment & Other
11 Client Assistance - Rent
12 Client Assistance - All Other
13 Other Expense
Total Program Expenses 5,000,000.00
TOTAL DIRECT EXPENSES 5,000,000.00
INDIRECT EXPENSES
Indirect Costs
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Line Item Qty Rate Units UOM Total
1 Indirect Costs
2 Cost Allocation Plan
Total Indirect Costs 0.00
TOTAL INDIRECT EXPENSES 0.00
TOTAL EXPENDITURES 5,000,000.00
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B3 Attachment B3 - Equipment Inventory Schedule
Attachment B3 - Equipment Inventory Schedule
C Attachment C - Performance Report Requirements
Attachment C - Performance/Progress Report Requirements
E Attachment E - Program Requirements
Attachment E - Program Specific Requirements
Date: 05/17/2023 Contract # E20235325-00, Oakland County Department of Health and Human Services/
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Addendum A
Oakland County Special Provision Addendum
This addendum modifies the following sections of Part 2, General Provisions:
I.Responsibilities – Grantee
J.Software Compliance This section will be deleted in its entirety and replaced with the
following language:
The Michigan Department of Health and Human Services and the County of Oakland will
work together to identify and overcome potential data incompatibility problems.
III.Assurances
A.Compliance with Applicable Laws The first sentence of this paragraph will be stricken in
its entirety and replaced with the following language:
The Grantee will comply with applicable Federal and State laws, and lawfully enacted
administrative rules or regulations, in carrying out the terms of this Agreement.
M.Health Insurance Portability and Accountability Act The provisions in this section shall be
deleted in their entirety and replaced with the following language:
Grantee agrees that it will comply with the Health Insurance Portability and Accountability
Act of 1996, and the lawfully enacted and applicable Regulations promulgated there
under.
XI.Liability Paragraph A. will be deleted in its entirety and replaced with the following
language:
A.Except as otherwise provided by law neither Party shall be obligated to the other, or
indemnify the other for any third party claims, demands, costs, or judgments arising out of
activities to be carried out pursuant to the obligations of either party under this Agreement,
nothing herein shall be construed as a waiver of any governmental immunity for either
party or its agencies, or officers and employees as provided by statute or modified by court
decisions.
DCH-0665 FY2023
ATTACHMENT B.3
MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES
BUREAU OF GRANTS AND PURCHASING
EQUIPMENT INVENTORY SCHEDULE
Please list equipment items that were purchased during the grant agreement period as specified in the grant
agreement budget’s cost detail schedule - Attachment B.2. Provide as much information about each piece as
possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be an
article of non-expendable tangible personal property having a useful life of more than one (1) year and an
acquisition cost of $5,000 or more per unit. Please complete and forward this form to the MDHHS contract
manager with the final progress report.
Grantee Name: Contract #: Date:
Quantity Item Name Item Specification Tag
Number
Purchased
Amount
$
$
$
$
$
$
$
$
$
$
Total $ 0
Grantee’s Signature: ______________________________________ Date: ___________
FY 2023
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Grantee shall submit the following reports on the following dates:
The grantee must submit bi-monthly updates on status of funds being provided
by MDHHS to support the Pontiac Integrated Urgent Care project. Reports must
include:
• Status of project implementation
• Status of funding (funds spent, plan for continued utilization of funds, etc.)
• Challenges/barriers to project implementation
• Identified support being requested from MDHHS to support
implementation
Bi-monthly reports must be submitted to the contract administrator on or before the
following dates:
• March 31
• May 30
• July 31
• September 30
Concerns with the ability to submit reports timely to the MDHHS contract
administrator, or identification of barriers that impede project implementation
should be communicated to the contract administrator as early as possible.
B. Any such other information as specified in the Statement of Work, Attachment A
shall be developed and submitted by the Grantee as required by the Contract
Administrator.
C. Reports and information shall be submitted to the Contract Administrator at:
Ali Cosgrove, CosgroveA2@michigan.gov
D. The Contract Administrator shall evaluate the reports submitted as described in
Attachment C, Items A. and B. for their completeness and adequacy.
E. The Grantee shall permit the Department or its designee to visit and to make an
evaluation of the project as determined by the Contract Administrator
ATTACHMENT E
PROGRAM SPECIFIC REQUIREMENT
Oakland County Health Division, St. Joseph Mercy Oakland Hospital, McLaren Hospital,
Oakland Community Health Network and Honor Community Health will partner to
address the need for increased access to primary care and mental health services by
creating an Urgent Primary and Behavioral Health Center (UPBHC) in Pontiac.
The center will provide a combination of in-person and telehealth service, including 12
hours of walk-in and virtual visits and 12 hours of virtual visits 7 days a week for urgent
medical and mental health services.
The center will provide an integrated response aimed to triage, coordinate treatment,
provide mental health interventions, bridge prescriptions, conduct medical interventions,
and follow-up with individuals at risk is needed.
The center will be open to all individuals in the Pontiac area that are experiencing
medical concerns including medication assistance, elevated levels of anxiety,
depression, substance use, other mental health issues, and/or coordinated care.
Individuals will be provided service regardless of their ability to pay.
The center will provide integrated services on an urgent basis with same day
appointments with a Primary Care Provider (PCP).
Mental health triage by a behavioral health consultant will be available if needed, as well
as referrals to a psychiatric nurse practitioner.
If a mental health medication refill is required, a bridge prescription will be made by the
psychiatric nurse practitioner until the patient sees their regular mental health provider.
The behavioral health consultant will coordinate care with the treating mental health
professional and obtain consent for coordination of care. If the patient does not have a
mental health professional, the behavioral health consultant will make a referral. They
will also conduct a follow-up appointment within 48 hours if there were mental health
concerns.
For patients with physical health concerns, a medical assistant will follow up within 48
hours.