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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 2 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. 3 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: 4 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. 5 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 8 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. MOCH1CMS Maist•r05/1:6444PH1 ctne Page 7 of 16 MDCWCMS Mostm0906-MPHI Page 8 of 16 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; MOCH/CMS Master05/00-PAPPII Page 9 of 16 MDCH/CMS Master051064APHI Page 10 of 16 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_ MY. MOCH/CMS kiestsf05/064APHI Page 11 of 16 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. MOCHICSAS Master05/06-MPHI 5,05 Page 12 of 16 PAOCH/CMS Master051064APHI 55 Page 13 of 16 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. PADCHICIAS Master051064APHI 5005 Page 14 of 16 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 MDCH/C/A5 Ma5te/050054APHI 5/05 Page 15o1 16 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. MDCHICANS MasiurOSKAMPHI 5105 Page 16 of 16 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