HomeMy WebLinkAboutResolutions - 2006.10.19 - 28290MISCELLANEOUS RESOLUTION #06199 October 19, 2006
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2006 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Health Division has been awarded $2,700.00 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;
and
WHEREAS this activity had previously been undertaken using a variety of
sources; and
WHEREAS no county match or additional positions are required; and
WHEREAS this contract has been approved through the County Executive's
contract review process: and
WHEREAS the acceptance of this contract does not obligate the County to
any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the 2006 Fetal Infant Mortality Data Abstraction
Agreement in the amount of $2,700.00 and that the Board Chairperson, on
behalf of the County of Oakland, Is authorized to execute said agreement as
attached.
BE IT FURTHER RESOLVED that the future level of service, including
personnel, 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.
Chairperson, on behalf of the General Government Committee, I move
adoption of the foregoing resolution.
GENERAT, GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Patterson absent.
Page 1 of 2
Tom Fockler
From: Greg Givens [givensg@oakgov.com]
Sent: Monday, September 25, 2006 1:45 PM
To: Doyle, Larry; 'Tom Fockler'; 'Linda Pearson'
Cc: 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger, Helen'; 'Johnston, Brenthy';
'Mitchell, Sheryl'; 'Pardee, Mary'; 'Smith, Laverne'; 'Wenzet, Nancy'
Subject: GRANT REVIEW SIGN OFF - Health Division / MPHI
GRANT REVIEW SIGN OFF — Health Division / MPHI
GRANT NAME: 2006 Fetal Infant Mortality Data Abstraction Agreement (As Revised)
FUNDING AGENCY: Michigan Public Health Institute
DEPARTMENT CONTACT PERSON: Tom Fockler /2-2151
STATUS: Acceptance
DATE: September 25, 2006
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 (9/18/2006)
Department of Human Resources:
Approved. — Nancy Scarlet (9/25/2006)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (9/19/2006)
Corporation Counsel:
I have reviewed the final documents submitted from the MPHI and have no legal issues with its acceptance. If the
agreement is acceptable to you and you can comply with all of its conditions, submit it for review through the
grant procedure. - John Ross (9/18/2006)
COMPLIANCE
The primary grant contract references a number of specific federal regulations. Below is a list of these
specifically cited compliance related documents for this grant.
• Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards
for obtaining consistency and uniformity among Federal agencies for the audit of States, local
governments, and non-profit organizations expending federal awards.
9/25/2006
Page 2 of 2
littp://www.whitehouse.gov/omb/circularsla133/a133.html
• Federal Anti-Lobbying Act —"31 USC 1352" httpfincethics.wpatb.af.mil/statutes/31-1352.htm
9/7 ionn6
Subcontractor Agreement between
The Michigan Public Health Institute
and
Oakland County
Attn: Mary Strobe
1200 N Telegraph Road
Pontiac, MI 48341-0432
FEIN: XX-XXX4876
Reference Number:
G-06269-115-504200
Effective Dates: January 1, 2006 through September 30, 2006
SUBCONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of January, 2006, by and between the MICHIGAN
PUBLIC HEALTH INSTITUTE, a Michigan nonprofit corporation ("MPHI"), and the Oakland County through
its Health Divison, ("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
reviews for 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
MPHI 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
Agreement. 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 1st day of January, 2006, and shall continue those services
through the 30th day of September, 2006 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 prejudice
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 shall immediately return to MPHI 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 written approval of MPHI.
7. Records, Reporting, and Access. Subcontractor shall maintain records relating to its services
provided under this Agreement in accordance with generally accepted accounting practices and
in accordance with reasonable requirements of MPHI and the Funding Source Agreement, and in
a form sufficient to permit MPHI to verify the Subcontractor's costs, expenditures and other
activities incurred pursuant to this Agreement. MPHI and any funding sources identified 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
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checks, 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") A-133, "Audits of States, Local Governments, and Non-Profit
Organizations" and provide MDCH with a copy of the annual audit 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
Subcontractor in whole or in part with funds authorized under this Agreement, the cost of any
single item of which exceeds S5,000, shall be owned by and remain the property of MPHI. Upon
termination of this Agreement, all of that property shall be returned immediately to MPHI if
requested by MPHI in writing.
9. Compliance with Laws, Regulations, and MPH! Policies and Assurances.
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 certify and disclose accordingly.
Compliance with 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 MPHI and neither
the Subcontractor nor any of its employees or agents shall be treated as employees of MPHI.
Subcontractor will not represent either itself or any of its employees or agents as employees of
MPH!. Subcontractor shall be responsible for all compensation, fringe benefits, and other
obligations due to its employees, including but not limited to the withholding and payment of all
applicable employment, income and social security taxes to federal, state and local governments.
Subcontractor shall also comply with all workers' compensation laws applicable to its business
and will 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 employees 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' fees, taxes, interest,
penalties and damages.
11. Indemnification and Insurance. Subcontractor is self insured and will provide evidence of
same upon request.
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12. Intellectual Property, Ownership, and Use. Subcontractor and MPHI agree that the report
generated for MPHI is public information that 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
MPHI 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, 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 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.
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 in
section 2, and:
D. Have no actual or potential conflict of interest between themselves and MPHI.
E. Officials shall be defined as a Health Department employee 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 or
default in any other 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 on 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:
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If to MPHI:
If to the Subcontractor:
Ammie Hernandez, Grant and Contract Specialist
Michigan Public Health Institute
2436 Woodlake Circle, Suite 300
Okemos, MI 48864
Mary Strobe
Oakland County Health Department
1200 N Telegraph Road
Pontiac, MI 48341-0432
Either party may, by written notice, designate a different address other than a post office box to
which notices may be sent.
16. General Provisions.
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 MPHI.
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.
F. 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.
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G-06269-115-504200
MICHIGAN PUBLIC HEALTH INSTITUTE
Tracy Y. Litzinger, CPA, MPA Date
Controller
Recommended by:
Teri Covington Date
Program Director
Oakland County
Bill Bullard, Jr. Date
Chairman, Oakland county Board of Commissioners
6
EXHIBIT A
WORK STATEMENT & PROGRESS REPORTS
Contract Between
Michigan Public Health Institute
and
Oakland County
Contract Period: January 1, 2006 through September 30, 2006
Fetal infant Mortality Review Case Abstraction
FY2006 Statement of Work
The purpose of these funds are to perform medical record case abstraction for Fetal Infant Mortality Review to
include 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, local health department, law enforcement)
• Develop case summaries from the above abstracted information as well as the Home Interview,
using Michigan FIMR Network tools and guidelines (January 2005)
• Attend the review team meetings to facilitate the presentation of the cases
• Maintain presence of core CRT members for effective case review, and documentation of team
findings
• Communicate on progress of case abstraction through quarterly reports
• Entry of cases into newly revised MFIMR access data base and submission of cases to MPFII for
state data base
Subcontractors must follow the privacy requirements outlined in Exhibit D of this contract.
Each completed case abstraction will be compensated at $270.00 per case.
Oakland County Health Division will be reimbursed for 10 case abstractions for a total amount of $2,700.
Payment will be made to the sub-contractors upon receipt of an invoice that is accompanied by the FIMR Case
Abstraction Progress Report.
*Qualified individual: Bachelor's degree in Nursing, Social Work, Public Health, Health Education, or related
field. Experience in maternal and child health, understanding of community health care systems and resources.
Good writing skills, some computer skills helpful.
7
EXHIBIT B
BUDGET, STATEMENT, & INVOICE INFORMATION
Contract Between
Michigan Public Health Institute
and
Oakland County
Contract Period: January 1, 2006 to September 30, 2006
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 Two Thousand Seven Hundred dollars ($2,700.00). MPHI shall make payments to
Subcontractor within forty-five (45) days after receipt by the Business Office of an itemized statement that has
been approved by the project coordinator indicating the amount due and the reference number G-06269-115-
504200.
MPHI's fiscal year is January to December. Subcontractor invoices, that cross more than one of MPHI's fiscal
years, cannot be submitted. All invoices must be separated by MPHI's fiscal year. An invoice for any expenses
incurred during one fiscal year must be submitted to MPHI within forty-five (45) days of the start of the
following fiscal year. For example, for work performed on a subcontract between December 1, 2005 and
January 31, 2006, an invoice must be submitted for the December 1-31, 2005, portion of expenses by February
14, 2006.
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 Administrator of MPHI. Invoices received after this date without prior approval will not be honored.
Payment by the MPHI to the Subcontractor is subject to the availability of funds under the Funding Source
Agreement.
Statements/Invoices should be mailed to: Lynda Meade
Child and Adolescent Health
Michigan Public Health Institute
2438 Woodlake Circle, Ste 240
Okemos, MI 48864
Phone Number: 517-324-7382
Email Address: 517-324-7365
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EXHIBIT C
COPY OF FUNDING SOURCE AGREEMENT
(see attached)
9
INDCHICPAS
Masieg05/064APHI
5/05
Page 1 of 16
Master Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Departmenr
and
Michigan Public Health Institute
2436 Woodlake Circle, Suite 300
Okemos, Michigan 48864
Federal I.D.#. 38-2963835
hereinafter referred to as the mContractorn
for
Community Health Services
Part I
1. Period of Agreement:
This agreement shall commence on October 1, 2005 and continue through
September 30, 2006. 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 $ 18,424,739. The Department under
the terms of this agreement will provide funding not to exceed $ 18,118,929.
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
life 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.
HOCH/CMS
Meshm05/054APHI
5/05
Page 2 of 16
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 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 purpose of this Master Agreement is to provide funding for community health
services.
4. Statement of Work: The 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 II and Attachments, which are part of this agreement through
reference.
6. Performance/Progress 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 11 of this agreement, which is part of this agreement through
reference.
8. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Viran Parad, Lewis Cass Building, Master Agreement Coordinator (517) 241-2285
Name, Location/Building Title Telephone No.
ParaqVAmichigan.gov
Email Address
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement is:
Name Title
Email Address Telephone No.
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.
11. 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 Title
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon, Deputy Director Date
Operations Administration
IADCH/CMS
Moster05006-MPHI
5/05
Page 3 of 16
MOCI-I/CMS
Mattet05/0641PHI
5,105
Page 4 of 16
Part II
General Provisions - Master Grant Agreement
Responsibilities - Contactor
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.
2. 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 all
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 st and 3rd party fees, where applicable, and report
these as outlined by the Department's fiscal procedures. Any underrecoveries 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.
MDCWCIAS
M0506
Page 5 of 16
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 by applicable state or federal law, rule or regulation.
G. Audits
.1. Single Audit
Provide, consistent with regulations set forth in the Single Audit Act
Amendments of 1996, P.L. 104-156, and Section .320 of Office of
Management and Budget (OMB) Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations," (as revised) a copy of the
Contractor's annual Single Audit reporting package, including the Corrective
Action Plan, to the Department.
The federal OMB Circular A-133 requires either a Single Audit or program-
specific audit (when a contractor is administering only one federal program) of
agencies that expend $500,000 or more in federal awards during the
Contractor's fiscal year.
Contractors who have a Single Audit conducted as a result of $500,000 or
more in expenditures of Federal funds must submit the Single Audit reporting
package and management letter, if issued, and Corrective Action Plan, to the
Department even if Federal funding received from the Department results in
less than $500,000 in expenditures.
The Contractor must also assure that the Schedule of Expenditures of Federal
Awards includes expenditures for all federally funded grants.
2. 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 a copy of the Financial Statement Audit prepared in
accordance with generally accepted auditing standards (GAAS), and
management letter, if one is issued. Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total Department grant
funding must submit a copy of the 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.
3. Other Audits
The Department or federal agencies may also conduct or arrange for "agreed
upon procedures" or additional audits to meet their needs.
4. Notification
When a Contractor is exempt from both the Single Audit requirements and the
Financial Statement Audit requirements because funding is below the
thresholds described above and there are no disclosures that may negatively
impact MDCH-funded programs, the Contractor must submit an Audit Status
Notification Letter that certifies these exemptions.
5. Due Date
The Single Audit reporting package, management letter, if one is issued, and
Corrective Action Plan; Financial Statement Audit and management letter, if
one is issued, or Audit Status Notification Letter shall be submitted to the
Department within nine months after the end of the Contractor's fiscal year.
6. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit reporting
package and management letter, and Corrective Action Plan; or the
Financial Statement Audit and management letter within nine months
after the end of the Contractor's fiscal year in which the Master
Agreement ends, the Department may withhold from the current
funding an amount equal to five percent of the audit year's grant
funding (not to exceed $100,000) until the required filing 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.
b. Delinquent 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.
7. Where to Send
A copy of the Single Audit reporting package and management letter, if one is
issued, and Corrective Action Plan; Financial Statement Audit and
management letter, if one is issued, or the Audit Status Notification Letter
must be forwarded to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
or
*Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Page 6 of 16
As an alternative to paper filing, the audit report and related documentation
may be submitted to the above address on a CD-ROM in a Portable
Document Format (PDF) compatible with Adobe Acrobat (read only). The
audit report and related documentation should be assembled as one
document in the following order:
a. Financial Statement Audit Report/Single Audit Report,
b. Corrective Action Plan or other information as applicable to MDCH
grants, and
c. Management Letter (Comments and Recommendations).
Another alternative is to send notification to the above address that the
required audit materials may be accessed, in Adobe PDF, from the
Contractor's website.
8. Management Decision
The Department shall issue a management decision on findings and
questioned costs contained in the Contractor's Single Audit within six months
after the receipt of a complete and final audit report. The management
decision shall include whether or not the audit finding is sustained; the
reasons for the decision; and the expected Contractor action to repay
disallowed costs, make financial adjustments, or take other action. Prior to
issuing the management decision, the Department may request additional
information or documentation from the Contractor, including a request for
auditor verification of documentation, as a way of mitigating disallowed costs.
H. SubrecipientNendor 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
subrecipients.
The Contractor must monitor vendors for performance of contract requirements.
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.
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J. Software Compliance
The Contractor must ensure that 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 agrees to have 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, approved by a federally assured
Institutional Review Board (IRB) prior to the initiation of research. The manner of
review will be agreed upon between the Department's IRB Chairperson and
Contractor's IRB Chairperson or Executive Officer(s).
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 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.
Ill. Assurances
The following assurances are hereby given to the Department:
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. Anti-Lobbying 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 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 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,
.Pnir
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 indirectly 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
37.2201 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. 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 45 CFR Part 76 and certifies to the best of its knowledge and belief
that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or Contractor;
2. Have not within a 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;
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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 comply
with Public Law 103-227, also known as the Pro-Children Act of 1994,20 USC
6081 et seq, which requires that smoking not be permitted in any portion of
any indoor facility owned or leased or contracted by and used routinely or
regularly for the provision of health, day care, early childhood development
services, education or library services 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 103-
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 Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508,
and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil
Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be
used for partisan political purposes of any kind by any person or organization
involved in the administration of federally-assisted programs.
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_
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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:
(a) Contains additional non-conflicting provisions not set forth in this
agreement;
(b) Restates provisions of this agreement to afford the Contractor the
same or substantially the same rights and privileges as the
Department; or
(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 will 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 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 the 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.
C
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 Contractors 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 which 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.
Termination.
7. In accordance with H1PAA 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.
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.
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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. 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.
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.
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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 Health,
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, regardless 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. m ichig an.govidocuments/DC H-0384-
Financial_Status_Report_8214_7.pdf and
• http://www.michigan.gov/documents/DCH-0384-
Financial_Status_Report_lnstructions_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.
Vendor registration information is available through the Department of Management
and Budget's web site:
• http://www.cpexpress.stats.mlus/
E. Final Obligations and Financial Status Report Requirements
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 Department's 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 clearly marked "Final". Final FSRs
not received by the due date may result in the loss of funding requested on the
Preliminary Close Out Report and may result in the potential reduction in the
subsequent year's agreement amount.
F. Unobligated 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
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
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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 liability to third parties, loss, or damage arises as a 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
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.
XI. 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.
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FISCAL NOTE #06199 October 19, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2006 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 $2,700 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. The funding period is January 1, 2006 thru September 30, 2006.
3. There is no county match or additional positions required.
4. The Fiscal Year 2006 budget should be amended as specified below to
reflect the award.
FY 2006
HEALTH DIVISION
REVENUE
20221-1060201-133150-631869 Reimb. of Salaries $2,700
$2,700
EXPENDITURE
20221-1060201-133150-702010 Salaries $2,700
$2,700
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of thety of Oakland at Pontiac,
Michigan this 19th day of October, 2006. 1 ,.g/ 9, /I
Resolution #06199 October 19, 2006
Moved by Palmer supported by Coleman the resolutions (with fiscal notes attached) on the Consent
Agenda, be adopted.
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Jamian, KowaII, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Rogers, Scott, Suarez, Wilson, Woodward,
Zack, Bullard. (22)
NAY: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted.
I HEREBY APPROVE THWEGOING,REMUTION
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 October 19, 2006,
with the original record thereof now remaining in my office.
Ruth Johnson, County Clerk