HomeMy WebLinkAboutResolutions - 2010.05.05 - 10233MISCELLANEOUS RESOLUTION # 10092
3Y: Cencral Gove,:nmeht Committee, Christine Long, Chairperson
IN RP: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2010 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE
Ts
to Oakland Conty of Conur,issioners
Chairperson, :;_dies ana Sentlemen:
relliEl7cEAE the Health Division has been awarded $6,40.0G by the Michigan
Pat:ic HealLh Institute in return for entering .nfan: mortality data for
Oakland County into e statowto database to assist with statistical analysis;
and
WHEEAS this activity had previously been under -_aker. -,sing a variety of
sources; and
REAS no county match or additional positions are regAired; and
4HERF,AS this contract is :to: tho period March 1, 2010 tnr .ough September
30, 2010; ana
WEEREAS this contract has becn approved through the County Executive's
contract review process: and
•HEaEAS the acceptance of this contract does not obligate the County ccc
any future commitment.
NOW THEREFORE DE C.1. "I'ESOLVED that the Oakland County rd of
Comzissioners app:-:cves tne 2G10 Fetal Infant Mortali;:y Data flostracticr.
Agreement r. the a=unt of $6,43C.CC and that the Board Chairperson, on
bohalf of the Canty of ickar.d, is authorized to execute said agreement as
attached.
BE IT FURTHER RESOLVED that the future level of service be contingent
upon the level of funding for this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to
execute this agreement, any changes and extensions to the agreement not to
exceed fifteen percent (15%), which is consistent with the agreement as
originally approved.
Cnalrpeisch, on tchalf of the General Gay it Commit_tee, move
J1dopion of the tregoin:17 resoluton.
GENERAL GCVERNMEN7
GENERAL GOVERNMENT COMM1FTEE
Motion carried unanimously on a roll call vote with Gersherison absent.
Tom Foci(ler
From: Kr, Gala [piirg@oakgov.corri:
Sent: Tuesday, April 13, 2010 0:45 AM
To: 'Fock:er, Torn ; 'Linda Pearson'
Co: 'Lane, Kathy'
Subject: Grant Sign Off: Health Division - 2010 Fetal Infant Mortality Data Abstraction Agreement -
Grant Acceptance
Attachments: Grant Sign off pkg.pdf
GRANT REVIEW SIGN OFF — Health Division
GRANT NAME: 2010 Fetal Infant Mortality Data Abstraction Agreement
FUNDING AGENCY: Michigan Public Health Institute
DEPARTMENT CONTACT PERSON: Tom Fockler
STATUS: Grant Acceptance
DATE: April 13, 2010
Pursuant to Misc. Resolution #01320. please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be placed on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (3/31C010)
Department of Human Resources:
Approved. Cathy Shallal (3/31/2010)
Risk Management and Safety
Approved by Risk Management. -- Julie Secontine (4/1/2010)
Corporation Counsel:
have reviewed the Fetal Infant Mortality Data Abstraction Agreement. I see no legal issues with the document.
approved. — Bradley G. Benn (4/7/2010)
COMPLIANCE
The subcontractor grant agreement references a number of specific federal and state regulations. Below is a list
of the specifically cited compliance related documents for the grant. Additional requirements are included in the
Funding Source Agreement between MPHI and the Michigan Department of Community Ilcalth,
Single Audit Act of 1984 (with amendments in 1996)
http;:iwww,v,thitchoue.govornb.-'financialifm_sirgle_audit.hunl
Federal Office of Management and Budget (OMB) Circtdar No A-133.
4/13/2010
Page 1 of 2
Helen Hanger
From: Piir, Gala {piirg@oakgov.com ]
Sent: Wednesday, March 31, 2010 4:04 PM
To: Van Pelt, Laurie': 'Davis, Patricia': 'Secontine, Shallal, Cathy
Cc: 'Fockler, Tom ; 'Linda Pearson 'Lane, Kathy'
Subject: Grant Review: Health Division -2010 Fetal Infant Mortality Data Abstraction Agreement - Grant Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS , Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Health and Human Services/Health Division
2010 Fetal Infant Mortality Data Abstraction Agreement
Michigan Public Health Institute
Atached to this email please find the grant document(s) to be reviewed. Please provide your review stating your
APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments. via reply (to
all) of this email.
Time Frame for Returned Comments: April 8, 2010
GRANT INFORMATION
Date: March 31, 2010
Operating Department: Health and Human Services/Health
Department Contact: Tom Fockler
Contact Phone: 2-2151
Document Identification Number: Reference Number 6-09269-115-504200
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: 3/1/2010 through 9/30/2010
New Facility / Additional Office Space Needs: No
IT Resources (New Computer Hardware / Software Needs or Purchases): No
M/WBE Requirements: YC5 ., Compliance with OMB Circular A-102
Funding Continuation/New: Continuation
Application Total Project Amount: $6,480
Prior Year Total Funding: $3,780
New Grant Funded Positions Request: 0
Changes to Current Positions: None
Grantor Funds: $6,480
Total Budget: $6,480
Match and Source: N/A
PROJECT SYNOPSIS
This program, funded since FY 2005/6, will utilize existing positions to enter infant mortality data into a database and
extract reports.
Gala V. Pit.-
4/1/2010
rage 2 of 2
•
http.:r/wwwhitehouse.gov:ornb/circu1 -/ I 33/a 133.11liril
Federal Anti-Lobbying Limitation on usc of appropriated funds to influence certain Federal contracting and financial
transactions (31 USC 1352)
se.goviuse acte-og ilfas tweb. exe?getdoctuseview+t29621- 1 1+ Ott%28 Antii .oblving%2920%
20,,V\TD'i.-1)2V'02X%:,' 83 1 0AD.F.02CUSCG; 2 ACITE%20%2.0%20.%20%20%2C% 200,1200,03
Lobbying Disclosure Act of 1995 (2 USC 1401)
(p::/ www. sonate.gov/refacnueirvsources/pdfcentacting 1 0465.0f
Anti-Lobbying - Section 503 (Public Law 104-208)
htip://gantsmihzovigrants/guide:notice-filesinc397-032.html
Goa V. Pim
Graits Compliance and Programs Coordinator.
Oakland County Fiscal Services bston
Phone (248) 858-1037
Fox (248) 858 -9724
piirg@oakgov.com
4/13/2010
Subcontractor Agreement between
The Michigan Public Health Institute
and
Oakland County Health Dept
Attn: Thomas V. Fackler
Public Health Administrative Services
1200 N Telegraph Rd.
Bldg 34
East Pontiac, MI 48341-0432
On File
Reference Number:
G-15269-115-504200
iTective Dates: March 1, 2010 through Septe,iliber 11, 2010
SUBCONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of March, 2010 by and between the MICHIGAN
PUBLIC HEALTH INSTITUTE, a Michigan nonprofit corporation ("MP -I"), and the Oakland County Health
Dept, ("Subcontractor").
1. Acknowledged Facts. MPHI has entered into a contract with Michigan Department of
Community Health to provide technical assistance for counties that have FIMR programs. FIMR
is a collaborative, community based process that enables a community to conduct in depth
review of their fetal/infant deaths in order to improve systems of care. ("Funding Source
Agreement"). MPHI desires to subcontract with Subcontractor to provide services necessary for
MPIII to carry out its obligations under the Funding Source Agreement.
2. Subcontractor Services. Subcontractor shall perform the services described in Exhibit A.
Subcontractor shall perform the services in compliance with all terms of the Funding Source
Aareernent. in the event of a conflict between the Funding Source Agreement and any term in
this Agreement, the Funding Source Agreement shall control. A copy of the Funding Source
Agreement is attached to this Agreement as Exhibit C. Subcontractor shall provide the necessary
administrative, professional, and technical staff for performance of the services.
3. Term of Agreement; Termination Without Cause. The Subcontractor shall begin providing
the services described above on the Is; day of March, 2010, and shail continue those services
through the 30th day of September, 2010 or the date of termination, whichever occurs first.
Either party may terminate this Agreement at any time without cause by giving thirty (30) days
advance written notice to the other party. Termination under this section shall not prejud:ce
either party's remedies for any breach occurring before termination.
4. Payment. Payments shall be paid according to the program budget or schedule attached as
Exhibit B.
5. Reimbursement and Return of Funds by Subcontractor. Upon termination of this
Agreement, Subcontractor shail immediately return to IvIPHI any funds in the Subcontractor's
possession that Subcontractor has not earned or is otherwise not entitled to keep under this
Agreement. If any court or governmental agency orders MPHI to return any grant funds,
Subcontractor shall return to MPHI on demand any portion of those grant funds that were paid to
Subcontractor.
6. Fees, Charges or Contributions. Subcontractor shall not solicit or require any fees or charges
from any third party for services or materials provided by Subcontractor under this Agreement
without the prior writer] approval of MPHI.
Records, Reporting, and Access. Subcontractor shall maintain records relating to its services
prcvided under this Agreement tn accordance with general:y accepted accounting practices and
in accordance with reasonable requirements of MN-I1 and the Funding Source Agreement. and in
a form sufficient to permit MP1-11 to verify the Sitbeontractor's costs, expenditures and other
activities incurred pursuant to this Agreement. MPH'. and any funding sources identifed in the
Funding Source Agreement, shall have access to all of Subcontractor's records relating to its
services under this Agreement at any reasonable time, including but not limited to canceled
2
cheeks, invoices, vouchers, purchase orders, subcontracts, time sheets, mileage records and all
other records relating to services and expenditures. MPHI and the funding source shall be
entitled to perform audits of all of Subcontractor's records described in this section.
Subcontractor shall maintain records relating to the services provided under this Agreement until
a final audit has been performed to MPHI's satisfaction or until three (3) years after termination
of this Agreement, whichever occurs first. For any services funded through the Michigan
Department of Community Health ("MDCH"), MPHI will comply with the regulations set forth
in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Office of Management
and Budget Circular (OMB') A433, "Audits of States, Local Governments, and Non-Profit
Organizations" and provide MIDCH with a copy of the annual audi: reporting package of MPHI
and management letter within nine months after the end of MPHI's fiscal year.
8. Ownership of Property Purchased with Funding Source Funds. All property purchased by
Subcontractcr in whole or in part with funds authorized under this Agreement, the cos: of any
single item of which exceeds 55,000, shall be owned by and remain the property of MPHI. Upon
termination of this Agreement, all of that property shall be returned immediately to MPH1 if
requested by MPIII in writing.
9. Compliance with Laws, Regulations. and MPITI Policies and Assurances.
A. Anti -Lobbying Act. The Subcontractor will comply with the Anti-Lobbying Act, 31
USC 1352, as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq. and
Section 503 of the Departments of Labor, Health and Human Services and Education,
and Related Agencies Appropriations Act (Public Law 104-208), Further, the
Subcontractor 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 eerelf3,/
and disclose accordingly.
B. Other Laws. Subcontractor shall comply with all other applicable federal, state and local
laws, ordinances, guidelines, rules and regulations in carrying out the terms of this
Agreement.
10, Independent Contractor. The Subcontractor is an independent contractor for lvIPHI and neither
the Subcontractor nor any of its employees or agents shall be treated as employees of MPH1.
Subcontractor will not represent either itself or any of its employees or agents as employees of
Subcontractor shall be responsible for all compensation, fringe benefits, and other
obligations due to its empleyees, including but not limited to the withholding and payment of all
applicable employment, income and social security taxes to federal, state and focal governments.
Subcontractor shall also comply with all workers' compensation laws applicable to its business
and wil: provide to MPHI proof of its compliance with this section upon request by MPH:. If any
court or administrative agency determines that Subcontractor or any of its employees or agents
should be treated as errip]oyees of MPHI instead of independent contractors, Subcontractor
agrees to reimburse MPHI on demand for all expenses and costs incurred by MPHI as a result of
that determination, including but not limited to reasonable attorneys' lees, taxes, interest,
penalties and damages,
3
11. Indemnification and Insurance. Subcontractor is self insured and wii: provide evidence of
same upon request.
12. Intellectual Property. Ownership. kind Use.
Subcontractor and MPH' agree that the report generated for MN-II is public information and will
remain in the public domain and will not be owned by either party.
13. Representations and Warranties by Subcontractor. Subcontractor represents and warrants to
MPI-11 that to the best of its knowledge and belief that the contractors local health department or
an official (defined below) of the Contractors local health department:
A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible
or voluntarily excluded from providing any services under this Agreement by any federal,
state, or local department or agency,
B. Have not within a three year period preceding this agreement been convicted or had a
civil judgment render against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, cr
local) transaction or contract under a public transaction.
C. Are 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 section
2. and
D. Have no actual or potential conflict of interest between themselves and VIM.
B. Officials shall be defined as Health Department employees' classified grade 21 or above,
including the Health Officer for Oakland County,
F. Subcontractor has the authority to enter into this Agreement and to perform all of its
obligations under this Agreement.
G, Subcontractor execution and performance of this Agreement will not create a breach cr
default in any agreement or court order to which Subcontractor is a party by which it is
bound.
14. Default and Remedies. Subcontractor shall be in default if it fails to perform any of its
obligations as described in this Agreement within ten (10) days after MPHI gives written notice
of failure to Subcontractor.
15. Notices. Any notice required or permitted to be given to either party under this Agreement shall
be deemed given on the date of personal delivery to a representative of the party at its business
address, or en the next business day after being sent either via facsimile (with a hard copy mailed
the same day via regular mail) or via overnight mail service, or three (3) business days after
being mailed regular mail, postage prepaid, in the U.S. mail service or other comparable mail
service, to the following addresses:
4
If to IVIPHI:
If to the Subcontractor:
Either party may, by written notice,
which notices may be sent.
16. General Provisions.
Ammie Hernandez, Grant and Contract Specialist
Michigan Public Health Institute
2436 Woodiake Circle, Suite 300
Okemos, MI 48864
Oakland County Health Dept
Attn: Thomas V. Fockler
Public Health Administrative Services
1200 N Telegraph Rd.
Bldg 34
East Pontiac, MI 48341-0432
designate a different address other than a post office box to
A. Waivers. No failure or delay on the part of MPHI in exercising any right under this
Agreement shall operate as a waiver, nor shall a single or partial exercise of any right
preclude any other or further exercise of that right or any other right.
B. Entire Agreement and Amendment. This Agreement and any documents to which it
refers contain all of the terms of the Agreement between the parties with respect to its
subject matter and all Exhibits are incorporated by reference. This Agreement supercedes
any previous discussions, writings, or other communications with respect to its subject
matter. Any amendment or waiver of any term in this Agreement shall be enforceable
only if it is in writing and signed by both parties.
C. No Assignment or Subcontracting. The Subcontractor shall not assign, subcontract or
otherwise transfer any of its rights or duties without the prior written consent of MPH!.
D. Invalid Provisions. If any term of this Agreement is held to be invalid, the remainder of
the Agreement shall nevertheless be enforced to the maximum extent permitted by law.
E. Third Party Beneficiaries. No third party shall have the right to enforce any term in this
Agreement against either party, except that any funding source identified in the Funding
Source Agreement shall be entitled to enforce any of MPHI's rights under this
Agreement.
Individual Authority. Any persons signing on behalf of the Subcontractor represent and
warrant that they are duly authorized to sign this Agreement on behalf of the
Subcontractor and that this Agreement has been authorized by the Subcontractor.
5
MICHIGAN PUBLIC HEALTH INSTITUTE
irni M. Kinsey, CPA
Control] er
Recommended by:
/ p
/ I/ AT--AA.rircai,L
, shann„ (), Slot .nbti.Vs:Nuz L '
Protzn, n Din tor
Oakland County Health Dept
Name: Katlly Forzley Date
Title; Health Offi Ger
6
3 -g.to
Date
Date
EXHIBIT A
WORK STATEMENT & PROGRESS REPORTS
Contract Between
Michigan Public Health Institute
and
Oakland County Health Dept
Contract Period: March 1, 2010 through September 30, 2010
Work Plan
The services to be performed by the Subcontractor are as follows:
The purposes of these funds are to perform medical record case abstraction and Home Interview for Fetal Infant
Mortality Review to inciudc the following:
• Case selection to be guided by PPOR (Perinatal Periods of Risk), with focus on African American
Deaths
• Review of medical records involved in infant death by a qualified individual, to include but not
limited to hospital records, pre-natal records, pediatric records, emergency and medical examiner's
records
• Interact with other agencies and service providers involved in infant's death (MI Department of
Human Services, Child Protective Services, local health department, law enforcement)
• Develop ease summaries from the above abstracted information as well as the Home Interview.
using Michigan FIMR Network tools and guidelines
• Attend the review team meetings to facilitate the presentation of the cases
• Entry of cases into access data base and submission of eases to IvIPHI for MFIMR data base
Each completed case abstraction will be compensated at $270.00 per ease
Projects may be eligible to receive additional $270.00 per case if the Maternal Home Interview is obtained,
Progress Reports
7
Subcontractor shall send progress reports to Rosemary Fournier at the following address:
Address to send progress reports: Rosemary Fournier
FIMR Coordinator
Child and Adolescent Health
Michigan Public Health Institute
2440 Woodlake Circle
Okemos, MI 48864
517-324-7330
fournierrlamichiun.vov
Progress repons ',re due ten (10) days following the end of the calendar quarter. The content of the
quarterly reports should be very brief, should be written in paragraph format, and should describe:
• What activities were accomplished in the previous quarter,
• What activities are planned for the next quarter,
• Any anticipated problems that may delay completion of the project on schedule,
• Any significant staff changes on the project,
• Whether the budget for the project is on-track, and
• Whether any amendments to the original subcontract should be expected.
8
EXHIBIT B
BUDGET, STATEMENT, & INVOICE INFORMATION
Contract Between
Michigan Public Health Institute
and
Oakland County Health Dept
Contract Period: March 1,2010 through September 30, 2010
Description of payment amounts and payment methods:
Total payments from MPHI to the Subcontractor under this Agreement, including reimbursed expenses, shall
not, exceed the sum of Six Thousand Four Hundred Eighty Dollars and 00/100 ($6,480.00). MPHI shall make
payments to Subcon:ractor within forty-five (45) days after receipt by the Business Office of an ilemized
statement that has been approved by the project coordinator indicating the amount due and the reference number
G-09269-115-504200.
Subcontractor shall send itemized statements no more frequently than monthly and all statements must conform
to requirements in the Funding Source Agreement. A final invoice must be submitted to MPHI within fifteen
(15) days after the termination date of this contract, unless otherwise agreed in writing by the Grant and
Contract Adminislrator of NUM. Invoices received after this date without prior approval will not be honoied.
Payment by the MPHI to the Subcontractor i.s subject to the availability of funds under the Funding Source
Agreement,
Statements/Invoices should be mailed to: Rosemary Fournier
Child and Adolescent Health
Michigan Public Health Institute
2440 Woocllake Circle
Suite 150
Okemos, MI 48864
5: 7-324-7331
fournierrl kilnichigan.gov
EXHIBIT C
COPY OF FUNDING SOURCE AGREEMENT
(see attached)
10
EXHIBIT D
PRIVACY REQUIREMENTS FOR SUBCONTRACTORS TO
MPHI PRIVACY-SENSITIVE PROJECTS
Contact Inform tion/Defmitions:
Privacy-sensitive project: A project may be classified as privacy-sensitive due to applicable federal laws such
as HIPAA, because of state or local laws or regulations, or by the MPHI Privacy Panel decision. Privacy-
sensitive projects are required to comply with additional and/or modified procedures and safeguards that are not
normally applied to standard MPIII projects,
MPHI Program Contact:
MPH Privacy Officer:
Shannon Stoteribur-Wing
Child and Adolescent Health
Michigan Public Health Institute
2440 Woodlake Circle
Suite 150
Okemos, MI 48864
517-324-7353
swing (cbmphi.org
Kelly Coyle
Michigan Public Health Institute
2438 Woodlake Circle, Suite 240
Okemos, MI 48864
(517) 324-6042
Maintaining Security & Confidentiality of Privacy-Sensitive Data
Subcontractor staff working on privacy-sensitive projects will comply with the additional confidentiality and
security procedures described below.
1. Controlling Access to Data on Privacy-Sensitive Projects;
a. Subcontractor staff will be assigned by the Subcontractor to appropriate levels of authorization
limiting access to data. These levels of authorization apply to both electronic data and data
stored in hardcopy.
b. The Subcontractor will maintain a log of who has been granted access to the project data, their
level of authorization, their role, when access was granted, and when access was changed or
revoked.
c. Subcontractor staff with access to MPHI data will be required to sign a Confidentiality
Agreement annually prior to being granted access to project data or information. Signed and
dated copies of these Confidentiality Agreements will be supplied to the MPHI program contact.
d. Subcontractor staff will receive training in the Subcontractor's privacy and confidentiality
policies and procedures, including any enhanced procedures applicable to MPH! projects.
Physical Safeguards to Protect Privacy-Sensitive Data:
a. Any paper documents containing processed or unprocessed MPH! data that contains personal
identifiers, Cr data that are broken out at the individual level are subject to the following security
measures:
i. Documents will not be left in an unattended, unsecured room.
ii. If paper documents containing data are out on a desk or an open data file is on the
computer screen, unauthorized persons will not be allowed in the room. Unauthorized
persons will not be allowed to use a workstation or laptop computer while project data is
in use on that workstation.
iii. When leaving the office unattended for extended periods, documents must be placed in a
locked drawer or safe accessible only to authorized staff members.
iv. Document shredding is required for documents containing data that have been superseded
and/or determined to be obsolete. All documents will be shredded with a cross cut
shredder*
3. Technical Safeguards to Protect Privacy-Sensitive Data:
a. MPHI privacy-sensitive data files may routinely be stored on removable media. Removable
media must be placed in a locked drawer or safe accessible only to authorized staff members
when not in use.
b, MPHI data for privacy-sensitive projects may routinely be stored in "Secure" data folders on
servers or hard drives with appropriate firewalls and controlled access.
c. MIPHl reserves the right to specify how data will routinely be stored on a project-by-project
basis.
4. Sending, Receiving and Transporting MPHI Privacy-Sensitive Data: The data transfer protocols described
under this section help to ensure that data are not accessed by unauthorized persons and are neither
inadvertently lost nor destroyed.
a. All incoming and outgoing data transfers, regardless of transmission method, will be logged.
b. Both paper and electronic MPHI data being retrieved or delivered in person by the Subcontractor
must be carried by an authorized staff member and, to the extent practicable, must remain in
close physical proximity to that person during the transfer. The staff member must retain
knowledge and control over the data's whereabouts at al: times and may not entnist it to any
person except an authorized staff member or other person to whom the data are being delivered
in compliance with the project workplan or other project needs.
c. Both paper and electronic MPHf privacy-sensitive data may be transferred via the U.S. Postal
Service. Because tampering with the U.S. mail is a federal offense, this should provide adequate
protection for the data when coupled with the use of certified or registered mail (including return
receipt, restricted delivery, signature confirmation or other additional services)* Any electronic
files sent in the mail must be encrypted; password protection alone is not an adequate level of
security. Subcontractor will use U.S. Postal Service's registered or certified mail with return
receipt service for delivering data or another courier service, such as by United Parcel Service,
that offers traceable delivery. For incoming MPHI data, the Subcontractor will require use of
courier services that provide tracking information and other security mechanisms similar to those
provided by the US Postal Service, and will make every reasonable effont to ensure that project
partners comply with secure transfer expectations, including encryption of data.
d. Subcontractor use of facsimile transfers for confidential IvIPHI data is strongly discouraged.
However, if it is necessary to send outgoing faxes with privacy-sensitive data, Subcontractor
staff will maximize the security of the transmission by using a fax cover sheet that clearly
identifies the person or entity that should receive the data and clearly states that the remaining
pages in the fax contain confidential, privacy-sensitive information. They will also do everything
in their control to assure that the intended recipient is at the fax machine at the time of
transmission. Staff must request confirmation that the intended person or entity received the fax.
For incoming data, Subcontractor will strongly discourage the use of faxes and will make every
reasonable effort to ensure that project partners comply with secure transfer expectations.
e. Electronic data transfers of MPHI data over publicly shared networks, such as email or the
Internet, are only permitted when both sender and receiver are using federally approved
encryption methods approved by MPHI. The software used to encrypt data should implement a
U.S. government approved encryption algorithm called Advanced Encryption Standard (AES).
5. Subcontractor staff that have obtained permission to telecommute while working on an MPHI privacy-
sensitive project are required to follow the procedures detailed in EXHIBIT D.
Disclosing Privacy-Sensitive Data
The state and federal laws that apply to the project often regulate the disclosure of privacy-sensitive data.
Subcontractor should be familiar with the requirements of applicable laws. Subcontractors must follow
guidelines for appropriate disclosure (including disclosure to clients, project partners, funders, and
subcontractors) outlined in the projcc:. work plan or other applicable contractual agreements.
Report Adverse Events
Non-compliant data transfers, inadvertent data disclosures, and non-compliance with any of the security
procedures required for privacy-sensitive projects must be reported to the MPHI Program contact and MPHI
Privacy Officer immediately and documented as an adverse event.
3
mocrvoAs
Ms fasvio-uro Page 1 uf 1.5
Master Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
Michigan Public Health Institute
2436 Woodlake Circle, Suite 300
Okemos, MI 48864
Federal I.D.#. 38-2963836
hereinafter referred to as the 'Contractor'
for
Community Health Services
Part I
1. Period of Agreement _
This agreement shall commence on October 1, 2009 and continue through
September 30, 2010. 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 $ 30,371,823. The Department under
the terms of this agreement will provide funding not to exceed $ 30,157,647.
The federal funding provided by the Department: is $ varies by project or
approximately %; the Catalog of Federal Domestic Assistance (CFDA)
numbers; and the federal grant program titles are included in Attachment A.
B. Equipment Purchases and Title
Any equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful
rife of more than one (1) year and an acquisition cost of $5,000 or more per
unit. Title to equipment items having a unit acquisition cost of less than
$5,000 shall vest with the Contractor 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.
LIOCKS2U-S
Mowler Ltitto-Arril
&En
Page of 18
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 to this agreement before the
modifications can be implemented. This deviation allowance does not
authorize new categories, subcoatracts, equipment items or positions not
shown in the attached Program Budget Summary and supporting detail
schedules.
3. Purpose:
The purpose of this Master Agreement is to provide funding for community health
services.
4. Statement of Work: T he Contractor agrees to undertake, perform and complete the
services described in the Attachments, which are part of this agreement through
reference.
5. Financial Requirements: The reimbursement payment process shall be followed as
described in Part U and Attachments, which are part of this agreement through
reference_
6. PerformancelProgress Report Requirements: The progress reporting methods,
as applicable, shall be followed as described in the Attachments, which are part of
this agreement through reference.
7. General Provisions : The Contractor agrees to comply with the General Provisions
outlined in Part II of this agreement and the American Recovery and Reinvestment
Act Reporting Requirement, Attachment I, as applicable, which is part of this
agreement through reference.
a. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Lucie Taylor, Lewis Cass Building, Master Agreement Coordinator, (517) 241-4834,
Taylor Lucpmichiga n.gov
Name, Location/Building Title Telephone No. Email Address
9. Contractor' s Financial Contact for the Agreement
The person acting for the Contractor on the financial reporting for this agreement is: t
el) g,t1i7 /22/..(ILI Lk."( t ./rq ,:y7.(7/
Name Title /
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Email Address Telephone No.
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Page 3 04 18
10. Special Conditions:
A. This agreement is valid upon approval by the State Administrative Board as
appropriate and approval and execution by the Department.
B. This agreement is conditionally approved subject to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability 'for costs
incurred by the Contractor prior to the signing of this agreement
D. In the event of a conflict between this Agreement and one of the Attachments
to this agreement, the provisions of the Attachment shall prevail.
E. The Contractor is required by PA 533 of 2004 to receive payments by
electronic funds transfer.
ii. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that
he or she is authorized to sign this agreement on behalf of the responsible governing
board, official or Contractor.
12. Signature Section:
For the CONTRACTOR
-
Name and Titi
7aLx a 6 ,fteati,6 be766K-
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
SU I 11
Mary Jane ttussall, Interim Deputy Director Date
Operations Administration
1.1GICI-VCMS
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Part 11
General Provisions - Master Grant Agreement
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this agreement
will:
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or other
such copyrightable materials issued by the Contractor, the Contractor may
copyright such but shall acknowledge that the Department reserves a royalty-
free, non-exclusive and irrevocable license to reproduce, publish and use such
materials and to authorize others to reproduce and use such materials. This
cannot include service recipient information or personal identification data.
Any copyrighted materials or modifications bearing acknowledgment of the
Department' s name must be approved by the Department prior to
reproduction and use of such materials_
3. The Contractor shall give recognition to the Department in any and ait
publications papers and presentations arise from the program and service
contract herein; the Department will do likewise.
B. Fees •
Make reasonable efforts to collect 1 sf and 3'd party fees, where applicable, and report
these as outlined by the Department' s fiscal procedures. Any underreopveries of
otherwise available fees resulting from failure to bill for eligible services will be
excluded from reimbursable expenditures.
C. Program Operation
Provide the necessary administrative, professional, and technical staff for operation
of the program.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective 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. Assure that all terms of the agreement will be
appropriately adhered to: and, that records and detailed documentation for the
project or program identified in this agreement will be maintained for a period of not
less than three (3) years from the date of termination, the date of submission of the
final expenditure report or until litigations and audit findings have been resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by authorized
representatives of the Department, 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 hy applicable state or federal law, rule or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients. Contractors
designated as vendors are exempt from the provisions of this section.
1. Required Audit or Notification Letter
Contractors must submit to the Department either a Single Audit, Financial
Statement Audit, or Audit Status Notification Letter as described below. If
submitting a Single Audit or Financial Statement Audit, Contractors must also
submit a Corrective Action Plan for any audit findings that impact MDCH-
funded programs, and management letter (if issued) with a response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards during the
Contractor's fiscal year must submit to the Department a Single Audit
prepared consistent with the Single Audit Act Amendments of 1996,
and Office of Management and Budget (OMB) Circular A-133, 'Audits
of States, Local Governments, and Non-Profit Organizations," (as
revised).
b. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State and
Federal grant funding must submit to the Department a Financial
Statement Audit prepared in accordance with generally accepted
auditing standards (GAAS). Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total Department grant
funding must submit to the Department a Financial Statement Audit
prepared in accordance with GAAS if the audit includes disclosures
that may negatively impact MDCH-funded programs including, but not
limited to fraud, going concern uncertainties, financial statement
misstatements, and violations of contract and grant provisions.
c_ Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial Statement
Audit requirements (a_ and b. above) must submit an Audit Status
Notification Letter that certifies these exemptions. The template Audit
Status Notification Letter and further instructions are available at
httpltwww_michigan.eovfmdch by selecting Inside Community Health,
MDCH Audit.
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2. Due Date and Where to Send
The required audit and any other required submissions (i.e. Corrective Action
Plan and management letter with a response), or audit Status Notification
Letter must be submitted to the Department within nine months after the end
of the Contractor's fiscal year to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
RD. Box 30479*
Lansing, Michigan 48909-7979
'For Express Delivery:
Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper tiling may be viewed at htte://www michicanzovimdch by
selecting Inside Community Health, MDCH Audit.
3. Penalty
Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit reporting
package, management letter (if issued) with a response, and Corrective
Action Plan; or the Financial Statement Audit and management letter (if
issued) with a response within nine months after the end of the
Contractor's 'fiscal year and an extension has not been approved by the
cognizant or oversight agency for audit, the Department may withhold
from the current funding an amount equal to five percent of the audit
year's grant funding, not to exceed $200,000, until the required Ming is
received by the Department, The Department may retain the amount
withheld if the Contractor is more than 120 days delinquent in meeting
the filing requirements and an extension has not been approved by the
cognizant or oversight agency for audit. The Department may
terminate the current grant if the contractor is more than 180 days
delinquent in meeting the filing regal( eri le( its and ur uxtension has not
been approved by the cognizant or oversight agency for audit.
b. Deiinouent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when required,
may result in withholding from the current funding an amount equal to
one percent of the audit year's grant funding until the Audit Status
Notification Letter is received,
4. Other Audits
The Department or federal agencies may also conduct or arrange for 'agreed
upon procedures or additional audits to meet their needs.
a.
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H. S ubre cipie ntiVendor _Monitoring
The Contractor must ensure that each of its subrecipients comply with the Single
Audit Act requirements. The Contractor must issue management decisions on audit
findings of their subrecipients as required by OMB Circular A-133.
The Contractor must also develop a subrecipient monitoring Plan that addresses
'during the award monitoring" of subrecipients to provide reasonable assurance that
the subrecipient administers Federal awards in compliance with laws, regulations,
and the provisions of the contracts, 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
sub recipients.
The Contractor must establish requirements to ensure compliance for for-profit
subrecepients as required by OMB Circular A-133, Section .210(e).
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with OMB
Circular A-133, Sec-tion.210(f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by the
Contractor, its governing board or any other funding source that would require or
result in significant modification in the provision of services or funding or compliance
with operational procedures
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Department'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 with out interruption, failure or errors due to the
inaccuracy of the Contractor's business operations for processing date/time data.
K Human Subjects
The Contractor will comply with Protection of Human Subjects Act, 45 CFR, Part 46.
The Contractor agrees that prior to the initiation of the research the Contractor agrees
to 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 FRB 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 Contractor's iRB
Chau persoir Of Executivi:-.. Oilicer(s).
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The Contractor shall provide the Department with the following:
1. Written evidence of the review and approval by the applicable IRB for the
project and any patient consent form that may be required prior to the initiation
of the study;
2. Written evidence of the IRB's continuing review and approval of the study
whenever it is reviewed, but at least once per year and if applicable
3. Written evidence that the Contractor is obtaining appropriate authorizations
that are acceptable to the Department and HIPAA compliant for the use and
disclosure of protected health information.
The Contractor shall immediately notify the Department it the following occurs:
1. Any deviations from the project which are necessary to protect the safety,
rights or welfare of study participants, and
2. Any serious adverse events that occur to study participants, except for serious
adverse events identified in any protocol or other document as not requiring
immediate reporting.
For multi-center projects, the Department will notify the Contractor on an expedited
basis of any adverse event from another center or site that is both severe and
unexpected and would be reported by the Contractor under the preceding paragraph.
In studies where the Department bears responsibility for monitoring the research, the
Department or its agent shall conduct an ongoing safety evaluation of the study drug,
any study material, study device, or study equipment and shall promptly notify, or
cause its agent to notify the Contractor of any findings from that evaluation that could
adversely affect the safety of study participants, impact the conduct of the trial, or
alter the IRS's approval to continue the study.
Study participants wil be promptly informed by the Contractor and/or Department, as
appropriate following consultation between the parties and based on the nature of the
information, and which party has primary knowledge or control of such information of
any events, deviations, study results, or any other infonnation of which the Contractor
and the Department become aware that could directly affect the safety or medical
care. of study participants.
L. Right To Inventions
1_ Where activities supported by this agreement result in the conception of or
actual reduction to practice of a patentable invention, the Contractor is
obligated to disclose such invention tc the Department within four months after
the inventor discloses the invention in writing to the Contractor.
2_ a. If the Contractor elects to retain title, the Contractor must provide the
State of Michigan a non-exclusive, non-transferable, irrevocable, paid-
up license to practice or have practiced for or on behalf of the State of
Michigan the subject invention throughout the World for non-
commercial governmental purposes.
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b. The State of Michigan may modify the c,opyrightable invention and may
combine such 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 in such invention other than those
granted in this Agreement_
c. In the event, that the Contractor shall, for any reason, cease to conduct
business, or cease to support the invention, the State of Michigan shall
have the right to convert these licenses into transferable licenses to the
extent consistent with any applicable obligations the Contractor has to
the federal government.
3. The Contractor shall acknowledge State of Michigan and Department support
in the patent application and notify the Department of any decision not to
pursue patent rights or licensing.
4. The Contractor shall submit an annual utilization report for all patented and
licensed inventions and submit a final invention statement and certification
within 90 days of the end of the agreement period.
5. All documents required to be submitted to the State of Michigan or
Department in items #1 through #4 must be submitted in accordance with the
required deadlines to: Michigan Department of Community Health, Contract
Management Section, 320 S. Walnut, Lansing, Michigan 48913.
11. Responsibilities - Department -
The Department in accordance with the general purposes and objectives of this agreement
wilt:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation maintained
by the Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the Department at the
effective date of this agreement, and provide to the Contractor any new report forms
and reporting formats proposed for issuance thereafter at least ninety (90) days prior
to their required usage to afford the Contractor an opportunity to review and offer
comment.
Assurances
The following assurances are hereby given to the Department:
r'ge 9- of iB
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A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws, guidelines, rules
and regulations in carrying out the terms of this agreement. The Contractor 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,
B. Arsti-Lobbyino Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by
the Lobbying Disclosure Act of 1995, 2 USC 1601 at seq. and Section 503 of the
Departments of Labor, Health and Human Services and Education, and Related
Agencies Section of the FY 1997 Omnibus Consolidated 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.
C. Non-Discrimination
1_ in the performance of any contract or purchase order resulting herefrom, the
Contractor 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 matter directly or indirectfy related to employment, because of
race, color, religion, origin, ancestry. 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 Contractor
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. This covenant is required
pursuant to the Elliot Larsen Civil Rights Act, 1976 PA 453, as amended, MCL
372201 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 the contract or purchase order.
2. The Contractor will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
§§1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex:
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§794), which prohibits discrimination on the basis of handicaps;
d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-
6107), which prohibits discrimination on the basis of age;
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e. the Drug Abuse Office and Treatment Act of 1972 (PL. 92-255), as
amended, relating to nondiscrimination on the basis of drug aouse;
f. the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
g, §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290 dd-3 and 290 ee 3), 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 Contractor shall incorporate language in all
contracts awarded: (1) prohibiting discrimination against minority owned and
women owned businesses and businesses owned by persons with disabilities
in subcontracting; and (2) making discrimination a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply with
federal regulation 2 CFR part 180 and certifies to the best of its knowledge and belief
that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, deciared
ineligible, or voluntarily excluded from covered transactions by any federal
department or Contractor,
2. Have not within a three-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) 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;
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, and;
4. Have not within a three-year period preceding this agreement had one of more
public transactions (federal, state or local) terminated for cause or default_
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the Contractor will comp'y
with Public Law 103-227, also known as the Pro-Children Act of 1994, 29 USC
6081 et seq, which requires that smoking not be permitted in any portion of
any indoor facility owned or teased or contracted by and used routinely or
Page 1 1 of 18
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regularly for the provision of health, day care, early childhood development
services, education or library services 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 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 Contractor
also assures that this language will be included in any subawards which
contain provisions for children' s services.
2. The Contractor also assures, in addition to compliance with Public Law 1 03-
227, 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 Contractor. If activities or services are delivered in facilities or
areas that are not under the control of the Contractor (e.g., a mall, restaurant
or private work site), the activities or services shall be smoke-free.
F. Hatch Political Activity Act and intentiovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1509,
and 7324-7328 and the Intergovernmental Personnel Act of 1970, as amended by
Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728-4763.
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. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties prior to the
initiation of any new subcontract activity. Exceptions to this policy may be
granted by the Department upon written request within 30 days of execution of
the agreement.
2. That any executed subcontract of this agreement shall require the
subcontractor to comply with all applicable terms and conditions of this
agreement. In the event of a conflict between this agreement and the
provisions of the subcontract, the provisions of this agreement shall prevail.
A conflict between this agreement and a subcontract, however, shall not be
deemed to exist where the subcontract:
Contains additional non-conflicting provisions not set forth in this
agreement;
b. Restates provisions of this agreement to afford the Contraetor the
same or substantially the same rights and privileges as the
Department; or
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c. Requires the subcontractor to perform duties and/or services in less
time-than that afforded the Contractor in this agreement
3. That the subcontract does not affect the Contractor' s accountability to the
Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source( documentation on
costs and services_
5. That the Contractor wilt submit a copy of the executed subcontract if
requested by the Department.
H. Procurement
Assure that all purchase transactions related to this agreement, 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 2 CRF, Part 215 (OMB Circular A-110) as amended, 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.
Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to he services that the Contractor provides to
the Department under this agreement, the Contractor assures that it is in compliance
with the Health Insurance Portability and Accountability Act (HIPAA) requirements
including the following:
1. The Contractor must not share any protected health data and information
provided by the Department that falls within HIPAA requirements except to a
subcontractor as appropriate under this agreement
2. The Contractor must require the subcontractor 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 Contractor must only use the protected health data and information for
the purposes of this agreement.
4. The Contractor 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 Contractor>s employees.
5. The Contractor must have a policy and procedure to report to the Department
unauthorized use or disclosure of protected health data and information that
falls under the HIPAA requirements of vivisich the Contractor becomes aware.
6. Failure to comply with any of these contractual requirements may result in the
termination of this agreement in accordance with Part II, Section V. Agreement
Termination.
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7. In accordance with HPAA requirements, the Contractor is liable for any claim,
loss or damage relating to unauthorized use or disclosure of protected health
data and information by the Contractor received from the Department or any
other source.
8. The Contractor will enter into a business associate agreement should the
Department determine such an agreement is required under HIPAA.
IV. Financial Requirements
A. Operating Advance •
An operating advance may be required by the Contractor to assist with program
operations. The request should be addressed to the Contract Manager identified in
Part 1, Item 8. The operating advance will be administered as follows:
1. The advance amount requested must be reasonable in relationship to the
program' s requirements, billing cycle, etc:, and in no case may exceed the
amount required for 60 days operating expense. Operating advances will be
monitored and adjusted by the Department according to total Department
agreement amount
2. The advance must be recorded as an account payable to the Department in
the Contractor' s financial records. The operating advance payable must
remain in the Contractor' s financial records until fully recovered by the
Department
3. The monthly Financial Status Report (FSR) reimbursement for actual
expenditures by the Department should be used by the Contractor to replenish
the operating advance used by program operations.
4. The advance must be returned to the Department within 30 days of the end
date of this agreement unless the Contractor has a recurring agreement with
the Department, and may not be held pending agreement audit. Subsequent
Department agreements may be withheld pending recovery of the outstanding
advance from a prior agreement. If the Contractor has a recurring agreement
with the Department, the Department requires an annual confirmation of the
outstanding operating advance.
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. Department offer 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 Contractor to examine department' s associated
records.
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d. An opportunity for the Contractor to present evidence in person or in
- writing_ ' " • •
e. A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
f_ Contractor representation by an attorney and presentation of witnesses
if necessary.
5. At the end of either the agreement period or Department' s fiscal year,
whichever is first, the Contractor 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 Contractor will be reimbursed in accordance with the staffing grant
reimbursement method as follows unless the Attachment cover page identifies
another type of reimbursement:
1. Staffing Grant Reimbursement
Reimbursement for the Contractor will be based on the understanding that
Department funds will be paid up to the total Department allocation as agreed
to in the approved budget. The Department funds are first source after the
application of fees and earmarked sources unless a specific local match
condition exists.
2. Performance Reimbursement
A reimbursement method by which the Contractor is reimbursed based upon
the understanding that a certain level of performance (measured by outputs)
must be met in order to receive full reimbursement of costs (net program
income and other earmarked sources) up to contracted amount of State funds.
If Contractor' s performance falls short of the expectation by a factor greater
than the allowed minimum performance percentage, the State maximum
allocation will be reduced equivalent to actual performance in relation to
minimum performance percentages.
3. Fixed Unit Rate Reimbursement
A reimbursement method by which the Contractor is reimbursed a specific
amount of each output actually delivered and reported.
C. Financial Status Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted to:
Michigan Department of Community Heatth,
Bureau of Finance
Accounting Division, Expenditure Operations Section,
P.O. Box 30720, Lansing, Michigan 48909
FSRs must be submitted on a monthly basis, no later than thirty (30) days after the
close of each calendar month. The monthly FSRs must reflect total actual program
expenditures, reciardless of the source of funds. The FSR form and instructions for
completing the FSR form are available through your Contract Manager or the
Department s web site:
• http://www.michigan.gov/documents/DCH-03B4-
Financial Status_Report 132141.pdf and
.r
• http://www.michigan.gov/docurnents/DCH-0384-
Financial_Status_Reporlinstructions_8216_7.pdf,
Failure to meet financial reporting responsibilities as identified in this agreement may
result in withholding future payments.
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to receive
all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits,
as mandated by PA 533 of 2004. Vendor registration information is available through
the Department of Management and Budget's web site:
• http://michigan.govkpexpress
E. Final Obligations and Financial Status Report Reguirernents
1. Preliminary Close Out Report
A Preliminary Close Out Report, based on annual guidelines, must be
submitted by the due date using the format provided by the Department's
Accounting Division. The Contractor must provide an estimate of total
expenditures for the entire agreement period. The information on the report
will be used to record the Departments year-end accounts payables and
receivables for this agreement,
2. Final FSRs
Final FSRs are due sixty (60) days following the end of the fiscal year or
agreement period. The final FSR must be cleady marked "Finer. Final FSRs
not received by the due date may result in the toss of funding requested on the
Preliminary Close Out Report and may result in the potential reduction in the
subsequent year's agreement amount.
F. Lino bligated Funds
Any unobligated balance of funds held by the Contractor at the end of the agreement
period will be returned to the Department or treated in accordance with instructions
provided by the Department.
V. Agreement Termination
The Department may cancel this agreement without further liability or penalty to the
Department for any of the following reasons:
A. This agreement may be terminated by either party by giving thirty (30) days written
notice to the other party stating the reasons for termination and the effective date,
B. This agreement may be terminated on thirty (30) days prior written notice upon the
failure of either party to carry out the terms and conditions of this agreement,
provided the alleged defaulting party is given notice of the alleged breach and fails to
iht)DifCMS
Mutts MID-MPHI
WOO
Page le,of
cure the default within the thirty (30) day period.
C. This agreement may be terminated immediately if the Contractor or an official. of the
Contractor or an owner is convicted of any activity referenced in Section 111.0. of this
agreement during the term of this agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this agreement or a specific project only within this agreement be terminated by
either party, the Contractor shall provide the Department within thirty (30) days after
termination, with all financial performance, and other reports required as a condition of the
agreement. The Department will make payments to the Contractor for allowable
reimbursable costs not covered by previous payments, other state or federal programs. The
Contractor shall immediately refund to the Department any payments or funds advanced to
the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a
result of this agreement shall be resolved in the State of Michigan.
VII. Severability
If any provision of this agreement or any provision of any document attached to or
incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not
affect other provisions of this agreement.
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and accepted by all
parties to this agreement. Any change proposed by the Contractor which would affect the
Department funding of any project, in whole or in part in Part I, Section 2.C. of the
agreement, must be submitted in writing to the Department for approval immediately upon
determining the need for such change.
IX. 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, to be carried out by
the Contractor in the performance of this agreement shall be the responsibility of the
Contractor, and not the responsibility of the Department, if the liability, loss, or
damage is caused by, or arises out of, the actions or failure to act on the part of the
Contractor, any subcontractor, anyone directly or indirectly employed by the
Contractor, provided that nothing herein shall be construed as a waiver of any
governmental immunity that has been provided to the Contractor or its employees by
statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as the provision of policy and procedural
direction, to be carried out by the Department in the performance of this agreement
shall be the responsibility of the Department and not the responsibility of the
Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or
failure to act on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity by the State, its
agencies (the Department) or employees as provided by statute or court decisions.
C. In the event that Nat -Alt.); to third vnitica, loss , o ri,, d result of activities
conducted jointly by the Contractor and the Department in fulfillment of their
responsibilities under this agreement, such liability, loss, or damage shall be borne by
MDCkvciAS
MasierOI1l
MIS Page 17 of 18
the Contractor and the Department in relation to each party's responsibilities under
these joint activities, provided that nothing herein shall be construed as a waiver of
any governmental immunity by the Contractor, the State, its agencies (the
Department) or their employees, respectively, as provided by statute or court
decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 et seq, MSA 4_1700(51) et seq, and 1973 PA 196, as amended,
MCL 15.341 et seq, MSA 4_1700(71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute
arising as a result of this agreement shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical 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.
1.41)CtirCNIS
Masts( 09,1041P1-4.1
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F'age 18 of 18
$ -0-
FINANCE COMMITTEE
A
r
FISCAL NOTE (MISC. #10092) May 5, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION —2010 FETAL INFANT
MORTALITY DATA ABSTRACTION AGREEMENT — GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Health Division has been awarded $6,480 by the Michigan Public Health Institute in
return for entering infant mortality data for Oakland County into a statewide database to
assist with statistical analysis.
2. Funding period is March 1, 2010 through September 30, 2010.
3. There is no county match or additional positions required.
4. The Fiscal Year 2010 budget should be amended as specified below to reflect the award.
FY 2010
HEALTH DIVISION
REVENUE
20221-1060201-133150-631869 Reimb. Of Salaries $6,480
66,480
EXPENSES
$6A80
$6,480
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
20221-1060201-133150-702010 Salaries
crwr 792
Resolution #10092 May 5, 2010
Moved by Middleton supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
Discussion followed.
Dan Stencil. Executive Officer of Parks and Recreation, addressed the Board.
AYES: Capeilo. Coleman. Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. Hatchett,
Jackson, Jacobsen, Long, McGillivray. Middleton, Nash. Potter, Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reperts billy accepted).
„mad.
Y APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 5.
2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 5th day of May, 2010.
eat
Ruth Johnson. County Clerk