HomeMy WebLinkAboutResolutions - 2024.10.28 - 41531
AGENDA ITEM: Grant Acceptance from the Michigan Public Health Institute for the FY 2025 COVID
Regional Health Equity Council Backbone Organization Grant
DEPARTMENT: Health & Human Services
MEETING: Board of Commissioners
DATE: Thursday, October 24, 2024 7:22 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4566
Motion to accept from the Michigan Public Health Institute the FY 2025 COVID Regional Health
Equity Council Backbone Organization Grant in the amount of $70,000 through September 30,
2025; further, create one (1) Special Revenue Part-time Non-Eligible 1,000-hour Public Health
Program Coordinator in the Health and Human Services Administration Planning and Evaluation
Unit (#CCN1060101/PRG133170); further, authorize the Chair of the Board of Commissioners to
execute the grant agreement; further, amend the FY 2025 budget as detailed in the attached
Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The Oakland County Health and Human Services was awarded additional funding from the
Michigan Public Health Institute (MPHI) COVID Regional Health Equity Council Backbone
Organization grant to continue efforts that support addressing and reducing community priority risk
factors and needs related to COVID-19 and other root causes of health inequity in the region, and
incorporating cultural intelligence and language justice lenses into the Oakland County Health
Division’s Community Health Improvement Plan.
The Oakland County Board of Commissioners, via Miscellaneous Resolution #2022-2188 _ 22-384,
approved the acceptance of the FY 2023 COVID Regional Health Equity Council Backbone
Organization subrecipient grant agreement in the amount of $300,000 and the acceptance of FY
2024 subrecipient grant agreement in the amount of $240,000 via resolution #2023-3588.
The FY 2025 subrecipient grant agreement shall be effective on the date of execution and provides
funding in the amount of $70,000 through September 30, 2025.
It is requested to create one (1) Special Revenue Part-time Non-Eligible 1,000-hour Public Health
Program Coordinator in the Health and Human Services Administration Planning and Evaluation
Unit (#CCN1060101/PRG133170.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Stacey Sledge, HHS Business Manager
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 10/24/2024
AGENDA DEADLINE: 11/03/2024 7:22 PM
ATTACHMENTS
1. Budget Amendment - Schedule A
2. HR Write Up - Public Health Program Coordinator in the Health and Human Services
Administration Planning and Evaluation Unit
3. Workplan Template for FY 25
4. FY 25 Budget
5. Subcontractor Agreement - MI Public Health Institute & Oakland County Health Division
6. Grant Review Sign Off
COMMITTEE TRACKING
2024-10-15 Public Health and Safety - Recommend to Board
2024-10-24 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, William
Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie
Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Charles Cavell (2)
Passed
Oakland County, Michigan
HEALTH AND HUMAN SERVICES DEPARTMENT/HEALTH DIVISION - REGIONAL HEALTH EQUITY 2025 GRANT
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account
# (RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2025
Amendment
FY 2026
Amendment FY 2027
Amendment
R Human Services Grants Health FND11007 CCN1060201 RC615571 PRG133150 GRN-1004556 615000 State Operating Grants 70,000 --
Total Revenues $70,000 $-$-
E Human Services Grants Health FND11007 CCN1060201 SC702010 PRG133150 GRN-1004556 702000 Salaries Regular 10,630
E Human Services Grants Health FND11007 CCN1060201 SC722790 PRG133150 GRN-1004556 722000 Social Security 154
E Human Services Grants Health FND11007 CCN1060201 SC722770 PRG133150 GRN-1004556 722000 Retirement 306
E Human Services Grants Health FND11007 CCN1060201 SC722820 PRG133150 GRN-1004556 722000 Unemployment 11
E Human Services Grants Health FND11007 CCN1060201 SC722750 PRG133150 GRN-1004556 722000 Workers Compensation 113
E Human Services Grants Health FND11007 CCN1060201 SC731346 PRG133150 GRN-1004556 730000 Mileage 201
E Human Services Grants Health FND11007 CCN1060201 SC730373 PRG133150 GRN-1004556 730000 Contracted Services 8,000
E Human Services Grants Health FND11007 CCN1060201 SC730982 PRG133150 GRN-1004556 730000 Interpreter Fees 3,000
E Human Services Grants Health FND11007 CCN1060201 SC750245 PRG133150 GRN-1004556 750000 Incentives 11,000
E Human Services Grants Health FND11007 CCN1060201 SC730926 PRG133150 GRN-1004556 730000 Indirect Costs 903
E Human Services Grants Health FND11007 CCN1060201 SC732165 PRG133150 GRN-1004556 730000 Workshop and Meetings 1,500
E Human Services Grants Health FND11007 CCN1060201 SC731941 PRG133150 GRN-1004556 730000 Training 30,000
E Human Services Grants Health FND11007 CCN1060201 SC750399 PRG133150 GRN-1004556 750000 Office Supplies 978
E Human Services Grants Health FND11007 CCN1060201 SC731388 PRG133150 GRN-1004556 730000 Printing 3,000
E Human Services Grants Health FND11007 CCN1060201 SC778675 PRG133150 GRN-1004556 770000 Telephone Communications 204
Total Expenditures $70,000 $-$-
REQUEST:
1. That the Oakland County Board of Commissioners hereby approves the Michigan Public Health Institute
COVID Regional Health Equity Council Backbone Organization Fiscal Year 2025 Agreement in the amount of
$70,000 to be effective on the date of execution through September 30, 2025.
2. To create one (1) Special Revenue Part-time Non-Eligible 1,000-hour Public Health Program Coordinator in
the Health and Human Services Administration Planning and Evaluation Unit (#1060101).
PROPOSED FUNDING:
FY 2025 Regional Equity Backbone Grant.
OVERVIEW:
Oakland County Health and Human Services was awarded funding from the Michigan Public Health Institute (MPHI)
COVID Regional Health Equity Council Backbone Organization Fiscal Year (FY) 2025 grant to continue efforts that
support addressing and reducing community priority risk factors and needs related to COVID-19 and other root
causes of health inequity in the region, and incorporating cultural intelligence and language justice lenses into the
Oakland County Health Division’s Community Health Improvement Plan. The Oakland County Board of
Commissioners, via Miscellaneous Resolution (M.R.) #2022-2188, approved the acceptance of the FY2023 COVID
Regional Health Equity Council Backbone Organization subrecipient grant Agreement in the amount of $300,000 and
the acceptance of FY2024 subrecipient grant Agreement in the amount of $240,000 via M.R. #2023-3588. The Fiscal
Year 2025 subrecipient grant Agreement shall be effective on the date execution and provides funding in the amount
of $70,000 through September 30, 2025.
It is requested to create one (1) Special Revenue Part-time Non-Eligible 1,000-hour Public Health Program
Coordinator in the Health and Human Services Administration Planning and Evaluation Unit (#1060101).
PERTINENT SALARIES FY 2024
*Note: Annual rates are shown for illustrative purposes only.
SALARY AND FRINGE BENEFIT SAVINGS
**Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only.
Actual costs are reflected in the budget amendment.
Create one (1) SR PTNE 1,000 hours per year
Health Program Coordinator position (#1060101)
Salary @ step 48 36,283
Fringes @ 4.83%1,752
Cost 1 Position 38,035
Class Gr Period Step 01 Step
12
Step
24
Step
36
Step
48
Step
60
Step
72
Step
84
Health
Program
Coordinator
HRL
122 Hourly 34.6031 36.2829 37.9623 39.6420 41.3218 43.0017 44.6816 46.3613
COVID Regional Health Equity Council Backbone Organization Grant FY 25
COVID Regional Health Equity Council Backbone Organization Grant
WORKPLAN
Submitted on July 19, 2024
By the
Oakland County Health Division
Project Period: October 1, 2024 to September 30, 2025
COVID Regional Health Equity Council Backbone Organization Grant FY 25
Purpose:
The Oakland County Equity Council Supports equitable physical and mental health care access for
communities most impacted by discrimination and systemic racism, and those most at risk for adverse
health outcomes, to achieve improved health status and quality of life.
Goals and Objectives
Overall Project Goals:
The COVID Regional Health Equity Council Backbone Organization Grant is focused on the following key
goals:
1. Reduce and eliminate COVID-19 disparities in impacted and at-risk populations, through the
formation of a Regional Health Equity Council comprised of community organizations actively
engaged with Michigan’s five racial and ethnic minority populations.
2. Support the establishment of Regional Health Equity Councils in each target region that will
focus on:
a. Development of an action plan to address and reduce community priority risk factors
and needs related to COVID-19 and other root causes of health inequity in the region
b. Development and implementation of practices and policies to reduce health disparities
and improve health outcomes
c. Community-driven, not agency-driven decision making and priority setting to support a
planned reduction of community-identified priority risk factors
d. Equitable distribution and efficient use of resources to support affected communities
3. Development of a sustainability plan to main the Regional Health Equity Council’s work,
including the Council’s ability to serve as part of a statewide advisory in the event of another
public health emergency
Project Objectives
1. The Oakland County Health Equity Council will contribute to the development of a Community
Health Improvement Plan (CHIP), including goals, activities, and measures, with emphasis on the
application of a language justice and cultural humility lens.
2. Equip CHIP workgroups with the necessary cultural intelligence to effectively plan, develop and
implement activities in alignment with CHIP strategic objectives through training and other
resources
3. Ensure all CHIP-related activities and materials are reviewed for cultural appropriateness and
translated into key languages to help improve the quality of services for people of color in
Oakland County
4. Engage community members in the CHIP planning process to ensure their voices, needs, and
perspectives are incorporated.
5. Build strong partnerships with community organizations, cultural groups, and other stakeholders
to support CHIP objectives and activities.
6. Continue to embed the Health Equity Council into Oakland County’s community health
improvement process to ensure sustainability, reduce partner burden, and ensure a continued
focus on addressing health inequities.
Methodology (Activities, Timeline, and Deliverables)
Activities
COVID Regional Health Equity Council Backbone Organization Grant FY 25
1. Council members will attend CHIP prioritization and development meetings to provide input and
lived experience.
2. Identify and secure cultural humility training.
3. Provide training sessions for CHA Advisory Council and CHIP work groups.
4. Conduct power analysis and stakeholder mapping to identify potential community partners for CHIP
activities.
5. Provide translation and interpretation for CHIP development, prioritization and implementation
materials.
6. Facilitate community engagement sessions to gather resident voice on planned CHIP activities.
7. Outreach to area organizations.
Timeline
Activity
Timeline: October 1, 2024 – September 30, 2025
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Council
members will
attend CHIP
prioritization
and
development
meetings to
provide input
and lived
experience.
X X X X
Identify and
secure cultural
humility
training.
X X
Provide training
sessions for
CHA Advisory
Council and
CHIP work
groups.
X X X X X
Conduct power
analysis and
X X X X
COVID Regional Health Equity Council Backbone Organization Grant FY 25
Activity
Timeline: October 1, 2024 – September 30, 2025
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
stakeholder
mapping to
identify
potential
community
partners for
CHIP activities.
Provide
translation and
interpretation
for CHIP
development,
prioritization
and
implementation
materials.
X X X X X X X X
Facilitate
community
engagement
sessions to
gather
community
voice on
planned CHIP
activities.
X X X
Outreach to
area
organizations.
X X X X X
Budget Category Cost Budget Explanation and Details
A. Salaries and Wages $10,630.00
Salary for PTNE program coordinator. 37.9623 x 20 hours x 14 weeks
B. Fringe Benefits $584.00
Fringe rate of 5.49% x $10,603
C. Travel/Meetings/Workshops
Mileage $201.00 Mileage for program coordinator. 300 miles x .67 per mile.
D. Supplies and Materials
Cell phone $204.00
Cell phone provided to Program Coordinator for 5 months
Laptop $838.00
IT operations for one quarter
Printing $3,000.00
Printing for meetings and other activities
Office supplies $140.00
Office supplies for coordinator and meetings.
E. Consultant Costs $30,000.00
Cultural intelligence and other trainings for council and CHIP workgroup members.
F. Sub-awards
Entech Staffing $8,000.00
Entech will provide one FTE Health Project Coordinator to support ongoing coordination of the
counci and implementation of mini-grants. Cost includes salary, fringe, and mileage for 6 weeks
until county PTNE position is created.
G. Other
Translation and interpretation
services $3,000.00 Translation of Community Health Improvement Plan documents
Incentives $8,750.00
Incentives for resident feedback on the Community Health Improvement Plan. $50 x 75 people
= $3750
$5000 for promotional items for council and CHIP.
Meeting costs $1,500.00
Space rental for CHIP feedback sessions and other meetings
Stipends for community members $2,250.00
Community members will be paid $150 per meeting. 3 community members x 5 months.
Total Direct Costs (Sum of A-F)$69,097.00
H. Indirect Costs $903.00 8.05% x $11,214 salary and fringe
Total Project Costs (Sum of A-G)$70,000.00
Reference Number: 25-XA-022035-11F- 504200 (Inc)
Page 1 of 30
SUBCONTRACTOR AGREEMENT BETWEEN
Michigan Public Health Institute
2436 Woodlake Circle, Suite 300
Okemos, MI 48864 and
County of Oakland, A Michigan Constitutional
Corporation
2100 Pontiac Lake Road
Waterford, MI 48328
FEIN: XX-XXX4876
On behalf of Oakland County Health Division
1200 N. Telegraph Bldg 12 East
Pontiac, MI 48341
THIS AGREEMENT by and between the MICHIGAN PUBLIC HEALTH INSTITUTE, a Michigan nonprofit
corporation ("MPHI"), and the County of Oakland, A Michigan Constitutional Corporation, Oakland County
Health Division, ("Subcontractor"), shall become effective on the date this contract is signed by both parties,
(“Effective Date”), and continue through September 30, 2025 (“End Date”).
1.Acknowledged Facts. MPHI has entered into a contract with the Michigan Department of Health and
Human Services (MDHHS) to reduce and eliminate COVID-19 inequities in impacted and at-risk
populations by identifying and supporting backbone organizations (BBO’s) to create regional Health
Equity Councils ("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.
This agreement constitutes a vendor relationship.
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 October 1, 2024 (“Start Date”) or the Effective Date, whichever is later, and shall
continue those services through the End Date or the date of termination, whichever occurs first. No service
shall be provided and no costs to MPHI will be incurred prior to Start Date or the Effective Date of the
Agreement, whichever is later. 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. No costs to MPHI will be
incurred after the date of termination or End Date, whichever occurs first.
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.
Reference Number: 25-XA-022035-11F- 504200 (Inc)
Page 2 of 30
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 within 10 calendar days of
providing notification at reasonable times, including but not limited to canceled 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 four (4) years after termination of this Agreement, whichever occurs first.
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 $5,000, 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 MPHI Policies and Assurances.
A.Nondiscrimination. This contractor and subcontractor shall abide by the requirements of 41
CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination
against qualified individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color,
religion, national origin, age, sex, sexual orientation, gender identity, height, weight, marital
status, partisan considerations, any mental or physical disability, or genetic information. .
Moreover, these regulations require that covered prime contractors and subcontractors take
affirmative action to employ and advance in employment individuals without regard to race,
color, religion, sex, sexual orientation, gender identity, national origin, protected veteran
status or disability.
The Subcontractor further agrees that every subcontract entered into for the performance of any
contract or purchase order resulting here from, will contain a provision requiring non-
discrimination in employment, service delivery and access, as herein specified binding upon each
subcontractor.
The Subcontractor shall adhere to all other applicable Federal, State and local laws, ordinances,
rules and regulations prohibiting discrimination, including, but not limited to, the following:
1. The Elliott Larsen Civil Rights Act, 1976 PA 453, as amended.
2. The Michigan Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended.
3. Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended
4. Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
5. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683 and
1685-1686)
6. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794)
Reference Number: 25-XA-022035-11F- 504200 (Inc)
Page 3 of 30
7. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107)
8. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended
9. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616) as amended
10. §§523 and 527 of Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
11. Any other nondiscrimination provisions in the specific statute(s) under which federal
assistance is being made;
12. The requirements of any other nondiscrimination statute(s) which may apply to the
Agreement.
The Subcontractor shall not discriminate against minority-owned and women-owned businesses
and businesses owned by persons with disabilities in subcontracting.
Subcontractor acknowledges that discrimination is a material breach of this agreement.
B.Pro-Children Act. The Subcontractor will comply with the Pro-Children Act of 1994 (PL 103-
227; 20 USC 6091 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; services
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.
The Subcontractor also assures, in addition to compliance with Public Law 103-227, any service
or activity funded in whole or in part through this Contract 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 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.
C.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.
D.Trafficking Victims Protection Act. The Subcontractor will comply with the Trafficking Victims
Act of 2000, as amended. This agreement and anyone working on this agreement will be subject
Reference Number: 25-XA-022035-11F- 504200 (Inc)
Page 4 of 30
to the Trafficking Victims Protection Act and must comply with all applicable standards, orders
or regulations issued pursuant to this Act. Violations must be reported to MPHI.
E.Human Research Subject Protections. The subcontractor will comply with MPHI’s Federalwide
Assurance of Protection for Human Subjects. This assurance specifies: guidance of research
activities involving human subjects according to the ethical principles of The Belmont Report;
compliance with the procedural standards of 45 CFR 46 (and its Subparts A, B, C, and D) for all
human subject research regardless of funding source; and the designation of the MPHI Institutional
Review Board (IRB) for review of research under the assurance.
F.HIPAA. The Subcontractor will comply with all applicable Administrative Simplification
requirements specified in the Health Insurance Portability and Accountability Act of 1996, P.L.
104-191 and all regulations promulgated thereunder. The Subcontractor will comply with the
HIPAA Privacy Rule and Security Rule (45 CFR Parts 160, 162 and 164, Standards for Privacy of
Individually Identifiable Health Information).
G.Mandatory Disclosures. The subcontractor must disclose to MPHI, in writing within 10 days of
receiving notice of any litigation, investigation, arbitration, or other proceeding involving
subcontractor, or an officer or director of Subcontractor or subcontract, or that arises during the
term of this Agreement including:
1. All violations of federal and state criminal law involving fraud, bribery, or gratuity
violations potentially affecting this Agreement.
2. A criminal proceeding;
3. A parole or probation proceeding;
4. A proceeding under the Sarbanes-Oxley Act;
5. A civil proceeding involving:
a. A claim that might reasonably be expected to adversely affect Grantee’s viability
or financial stability; or
b. A governmental or public entity’s claim or written allegation of fraud; or
c. A proceeding involving any license that Subcontractor is required to possess in
order to perform under this Agreement.
H.Conflict of Interest and Code of Conduct Standards.
1. The Subcontractor is subject to the provisions of Michigan 1968 PA 317, Michigan 1973
PA 196, and Title 2 CFR, Section 200.318(c)(1) and (2).
2. The Subcontractor will uphold high ethical standards and is prohibited from:
a. Having an interest that would conflict with this Agreement;
b. Doing anything that creates an appearance of impropriety with respect to the award
or performance of this Agreement;
c. Attempting to influence or appearing to influence any MPHI or state employee by
direct or indirect offer of anything of value; or
d. Paying or agreeing to pay any person, other than employees and consultants
working for Grantee, any consideration contingent upon the award of this
Agreement.
3. The Subcontractor must immediately notify MPHI of any violation or potential violation
of these standards. This Section applies to Subcontractor and any of its subcontractors.
I.Confidentiality and Privacy Practice. Subcontractor shall not use MPHI's name in any way
without MPHI's prior written consent. Other than in the performance of this Agreement,
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Page 5 of 30
subcontractor shall not disclose, publish or use at any time, either before or after termination of
this Agreement, any confidential information concerning MPHI or any other person or entity.
Confidential information shall include, but not be limited to, data collected, stored or managed on
behalf of MPHI, information concerning MPHI or any other person or entity not generally known
to the public, including, but not limited to, personal or private information concerning any
individual, contracts, criminal records, financial information or other processes, records or
documents, or any other information allowing the identification of which person or entity furnished
data in connection with services provided under this Agreement. Subcontractor must have
appropriate safeguards in place to protect the confidentiality of MPHI data. If the Subcontractor
is handling identifiable data on behalf of MPHI on a project classified as privacy-sensitive by the
MPHI IRB/Privacy Panel, the Subcontractor agrees to implement the privacy requirements
detailed in Exhibit E (see Exhibit E attached). Subcontractor must provide, if requested, adequate
information on the scope of work to facilitate screening of the project by the MPHI IRB/Privacy
Panel. The MPHI program contact will notify the Subcontractor if the project is classified as
privacy-sensitive. Failure to implement appropriate safeguards and/or to abide by the terms of
Exhibit E is grounds for termination of this contract. The inadvertent disclosure through
negligence of confidential information or data concerning MPHI is grounds for termination of this
contract.
J.Other Laws. Subcontractor shall comply with all other applicable federal, state and local laws,
ordinances, guidelines, rules and regulations in carrying out the terms of this Agreement,
including, but not limited to, the following clauses incorporated by reference, with the same effect
as if they were given in full text:
1. The provisions of the Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended.
2. The provisions of 29 CFR Part 471, Appendix A to Subpart A: Notification of Employee
Rights Under Federal Labor Laws. Appendix A is available at
http://www.dol.gov/olms/regs/compliance/EO13496.htm.
3. The whistleblower rights and remedies in the Pilot Program on Contractor Employee
Whistleblower Protections established at 41 U.S.C. 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
10.Criminal Background Check. Pursuant to Michigan law, all agencies subject to IRS Pub. 1075 are
required to ask the Michigan State Police to perform fingerprint background checks on all employees,
including Contractor and Subcontractor employees, who may have access to any database of information
maintained by the federal government that contains confidential or personal information, including, but
not limited to, federal tax information. Further, pursuant to Michigan law, any agency described above is
prohibited from providing Contractors or Subcontractors with the result of such background check. For
more information, please see Michigan Public Act 427 of 2018. Upon request, Contractor must perform
background checks on all employees and subcontractors and its employees prior to their assignment. The
scope is at the discretion of the State and documentation must be provided as requested. Contractor is
responsible for all costs associated with the requested background checks. The State, in its sole discretion,
may also perform background checks.
11. 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 MPHI. 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
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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 MPHI. 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.
12. Indemnification and Insurance. Each party to this Agreement will remain responsible for any claims
arising out of that party’s performance of this Agreement as provided by this Agreement or by law. This
Agreement is not intended to increase or decrease either party’s liability for or immunity from tort claims.
This Agreement is not intended to nor will it be interpreted as giving either party a right of indemnification,
either by Agreement or at law, for claims arising out of the performance of this agreement. Nothing herein
shall be construed as a waiver of any governmental immunity that has been provided to the Subcontractor
or its employees by statute or court decisions. During the term of this Agreement, Subcontractor, if
working under an FEIN, shall maintain at its own expense Commercial General Liability insurance, or
governmental self-insurance, including broad form contractual liability insurance, or governmental self-
insurance, in amounts satisfactory to MPHI and in amounts sufficient to cover Subcontractor's liability
under this Agreement. During the term of this Agreement, Subcontractor, if working under their SSN,
shall maintain at its own expense insurance, or governmental self-insurance, satisfactory to MPHI and in
amounts sufficient to cover Subcontractor’s liability under this Agreement. By signing this agreement,
subcontractor certifies that this insurance is in effect, and that none of the coverages will be terminated or
modified without giving at least 30 days prior written notice to MPHI. MPHI reserves the right to request
and receive proof of insurance coverage.
13. Cap on Salaries. None of the funds awarded to the Subcontractor through this Agreement shall be used
to pay, either through a grant or other external mechanism, the salary of an individual at a rate in excess
of Executive Level II. The current rates of pay for the Executive Schedule are located on the United States
Office of Personnel Management web site, http://www.opm.gov, by navigating to Policy — Pay & Leave
— Salaries & Wages. The salary rate limitation does not restrict the salary that a Grantee may pay an
individual under its employment; rather, it merely limits the portion of that salary that may be paid with
funds from this Agreement.
Note: In the instance that Subcontractor has more than one agreement funded under the Funding Source
Agreement, no individual may be paid at a rate in excess of Executive Level II cumulatively across all
agreements entered into with MPHI that they work on under the Funding Source Agreement attached in
Exhibit C.
14. Intellectual Property Rights. Subcontractor hereby acknowledges that the State is and will be the sole
and exclusive owner of all right, title, and interest in the Work Product produced as part of the
Agreement Activities, and all associated intellectual property rights, if any. In general, Work Product
constitutes works made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent
any Work Product, and related intellectual property do not qualify as works made for hire under the
Copyright Act, Subcontractor will, and hereby does, immediately on its creation, assign, transfer and
otherwise convey to the State, irrevocably and in perpetuity, throughout the universe, all right, title and
interest in and to the Work Product, including all intellectual property rights therein. Subcontractor also
irrevocably waives any and all claims Subcontractor may have now or hereafter have in any jurisdiction
to so called “moral rights” or rights of droit moral with respect to the Work Product.
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15. Representations and Warranties by Subcontractor. Subcontractor represents and warrants to MPHI
that each of the following are true and will remain true during the term of this Agreement:
A. Subcontractor has the authority to enter into this Agreement and to perform all of its obligations
under this Agreement.
B. Subcontractor's execution and performance of this Agreement shall not create a breach or default
in any other agreement or court order to which Subcontractor is a party or by which it is bound.
C. Neither Subcontractor nor any of its employees or agents is currently barred, 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.
D. Subcontractor has not within a 5-year period preceding this Agreement been convicted of or had a
civil judgment rendered against it or any of its officers 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
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statement, or receiving stolen property.
E. Neither Subcontractor nor any of its officers are presently indicted or otherwise criminally or
civilly charged by a government entity (federal, state or local) with commission of any of the
offenses enumerated above.
F. Subcontractor has not within a 5-year period preceding the date of this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
G. No actual or potential conflict of interests exists between Subcontractor or any of its employees,
agents or any of their respective business interests, financial interests or family members, and
MPHI or any other entity that would create a conflict of interest. Subcontractor will immediately
notify MPHI if any conflict of interest arises during the term of this Agreement.
H. Subcontractor will immediately notify MPHI of any act or circumstance that would create a breach
of any of these representations or warranties either immediately or with the mere passage of time.
16. 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. Upon the occurrence of a default by Subcontractor, MPHI shall be entitled to exercise any
and all remedies available to it in law or in equity, including but not limited to the right to terminate this
Agreement without further notice to Subcontractor, the right to seek damages for the default, the right to
seek specific performance of Subcontractor's obligations, and the right to reduce, diminish or terminate
any payments otherwise owing to Subcontractor set forth above in a manner that reflects the
noncompliance. Subcontractor shall reimburse MPHI on demand for all expenses, including but not
limited to court costs and reasonable attorney's fees, incurred by MPHI in enforcing any of its rights under
this Agreement, whether or not enforcement requires any litigation.
17. Force Majeure. The performance of this Agreement is subject to termination without liability upon the
occurrence of any circumstance beyond the control of either party – such as acts of God, war, acts of
terrorism, government regulations, disaster, strikes, civil disorder, threat of communicable disease or
curtailment of transportation facilities – to the extent that such circumstance makes it illegal, impossible,
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or impracticable for a Party to carry out the planned work. The ability to terminate this Agreement without
liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting
forth the basis for such termination as soon as reasonably practical - but in no event longer than ten (10)
days - after learning of such basis.
18. 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 email address. In addition, a
hard copy may also be sent via regular mail or via overnight mail service to the following addresses:
If to MPHI: Ammie Young, Grants and Contracts Administrator
Michigan Public Health Institute
2436 Woodlake Circle, Suite 300
Okemos, MI 48864
grants@mphi.org
If to the Subcontractor: County of Oakland, A Michigan Constitutional Corporation
Oakland County Health Division
2100 Pontiac Lake Road
Waterford, MI 48328
Either party may, by written notice, designate a different address other than a post office box to which
notices may be sent.
19. 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 supersedes 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.
G.Governing Law. This Agreement shall be governed by the laws of the State of Michigan.
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20. Stop Work Order. The funder, MDHHS, may suspend any or all activities under this Agreement at any
time, as detailed in Exhibit C. Upon receiving notice from the funder to suspend activities under this
Agreement, MPHI will provide the Subcontractor with a written stop order detailing the suspension.
Subcontractor must comply with the stop work order upon receipt. MPHI will not pay for any Activities,
Subcontractor’s lost profits, or any additional compensation during a stop work period.
MICHIGAN PUBLIC HEALTH INSTITUTE
Date
COUNTY OF OAKLAND A MICHIGAN CONSTITUTIONAL CORPORATION
OAKLAND COUNTY HEALTH DIVISION
David T. Woodward, Chair Date
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EXHIBIT A
WORK STATEMENT & PROGRESS REPORTS
Contract Between
Michigan Public Health Institute
and
County of Oakland, A Michigan Constitutional Corporation
Oakland County Health Division
Work Plan
The services to be performed by the Subcontractor are as follows:
The purpose of this project is to reduce and eliminate COVID-19 inequities in impacted and at-risk populations in
each region serving one or more of the five racial and ethnic minority populations at increased risk of COVID-19
infection, complications, and death.
In an effort to meet project goals, selected Grantees and their partners will apply a collective impact approach to
develop Regional Health Equity Councils in regions highly impacted by COVID-19; develop and implement an
action plan to improve health outcomes of the region; identify and engage community members and organization
in council membership and activities; subcontract with community based organizations best situated to address
community disparities; and support sustainable activities and development of a sustainability plan of activities. As
backbone organizations, Grantees will subcontract funds as directed by the Health Equity Councils to the
community-based partners best situated to address disparities and achieve equity.
Project Objectives
1. Maintain and engage membership of Regional Health Equity Council comprised of community
organizations actively engaged with Michigan’s five minority populations including Black/African
Americans, Asian Americans, Pacific Islanders, Hispanic/Latinos, Arab/Chaldean Americans, and/or
Native American/American Indians.
2. Assist the council in developing and implementing a detailed action plan to address and reduce community
priority risk factors and needs related to COVID-19 and other root causes of health inequity in the region.
3. Develop and implement practices and policies to reduce health disparities and improve health outcomes.
4. Equitably and efficiently distribute resources to support affected communities and the community-based
organizations best situated to meet their needs.
5. Complete Council Sustainability Self-Assessment and use results to develop a Sustainability Plan to
maintain the Regional Health Equity Council’s work beyond the project period.
6. Provide financial, organizational, and other support to community organizations to participate on the
Council and to implement activities.
7. Provide equitable compensation to community members who engage in this work outside of paid
employment.
8. Participate in efforts to disseminate lessons learned, share updates, and support collaboration across
communities and to state-level stakeholders.
9. Communicate technical assistance, project management, or other support needed to MPHI and MDHHS.
Subcontractor Activities
•Support and maintain membership for the established Regional Health Equity Council:
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o Identify membership gaps, as needed., Councils should focus on including non-traditional partners
such as grassroots organizations that serve racial and ethnic populations adversely impacted by the
COVID-19 pandemic; and
o Adhere to the requirements for community member engagement on the Council.
▪Each Council must include a minimum of three (3) community members; community
members are defined as those that live within the region and are not employed by the
backbone organization or partner organization.
▪Community members on the Council must be equitably and appropriately compensated for
their time, considering factors such as transportation and childcare needs.
o Engage members and coordinate Council meetings and activities as needed.
o Guide the Council in establishing goals, objectives, and action plans that prioritize reducing health
disparities and improving health outcomes that impact minority populations in the region.
•Submit the following materials within 90 days of the established contract:
o Share workplan updates summarizing objectives, activities, and timeline.
o Council Action Plan to include:
▪Council-determined priorities, objectives, action items, timeline, and responsible parties.
•Track Council activities and progress toward goals and report to MPHI and MDHHS through monthly
reporting and required check-ins.
•Attend and participate in all required meetings (project check-ins, quarterly learning collaborative
meetings, cohort meetings, and training and technical assistance opportunities) with MPHI and other
partners.
•Engage in technical assistance opportunities as needed
•Support grant budget tracking and funding of Council activities in an equitable and efficient manner.
•Provide financial support to Council members or other community partners to complete elements of the
workplan.
•Complete final reporting, evaluation activities, and planning for sustainability on behalf of the Council and
backbone organization.
•Develop and share Council success story and/or project highlights at final project meeting.
General Subcontracting and Mini Grants
•Share all subcontracting agreements with MPHI and MDHHS for approval prior to execution.
o Email copies of subcontracting agreements to Lindsey DeBoer (Ldeboer@mphi.org) and Danuelle
Calloway (callowayd2@michigan.gov) at least two weeks in advance of desired approval date.
•Fulfill backbone organization function of subcontracting with organizations selected by the Council to
receive subrecipient awards / mini grants.
•Submit Mini Grant Request for Applications (RFA) and distribution plan to Lindsey DeBoer
(Ldeboer@mphi.org) and Danuelle Calloway (callowayd2@michigan.gov). Include the following
information:
o Plan for dissemination of mini grant opportunity
o Equitable process for application review and scoring
o Prior to finalizing mini grant agreements, share applications for MDHHS/MPHI review and
approval
•Ensure that mini grant recipients accurately report on funded activities monthly.
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o Reporting must include required information from the Council’s REDCap monthly report. (See
required reporting elements below)
Monthly Reporting
•Complete and submit monthly report of all required activities for the Council and backbone organization
through the completion of REDCap survey by the tenth of each month.
•Provide detailed information about:
o Anticipated changes to staffing, budget, and workplan.
o Monthly Council activities, successes, and challenges.
o Populations served by Council activities: numbers and demographics.
o Capacity building activities, trainings, and education provided and received.
o Community outreach and education events conducted.
o Data collection and quality improvements made internally and for partner organizations.
o Improvements made to infrastructure internally and for partner organizations.
o Subcontracts/mini grants.
Invoicing Requirements
•Ensure accurate submission of invoices to MPHI by required monthly deadline unless another invoicing
schedule is approved.
•Invoices will be emailed to Lindsey DeBoer (Ldeboer@mphi.org) Danuelle Calloway
(callowayd2@michigan.gov), and Krysten Rosendall (krosenda@mphi.org) and must include:
o Unique invoice number.
o Dates of project period being included in invoice.
o Reimbursable costs broken down by line item. (Can provide budget spreadsheet and other helpful
documentation.)
o High level description of associated activities for reimbursement.
MPHI Support
•Provide technical assistance and project oversight.
•Support backbone organizations in maintaining Councils
•Assist MDHHS in developing learning collaborative content and other learning opportunities for backbone
organizations.
•Provide support during office hours and check-ins.
•Provide support with monthly reporting.
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EXHIBIT B
BUDGET, STATEMENT, & INVOICE INFORMATION
Contract Between
Michigan Public Health Institute
and
County of Oakland, A Michigan Constitutional Corporation
Oakland County Health Division
Description of payment amounts and payment methods:
COST REIMBURSEMENT
(Use current GSA business mileage rates which can be found at www.gsa.gov.)
All individuals traveling under this subcontract are required to follow current travel regulations established by
the Federal Uniform Guidance, the IRS and, if applicable, State travel regulations. MPHI will not reimburse for
any expense not allowable under the Guidance, IRS, or applicable State regulations. All requests for travel
reimbursement must state that Federal Guidance has been followed before payment is issued.
Total payments from MPHI to the Subcontractor under this Agreement, shall not exceed the sum of SEVENTY
THOUSAND and 00/100 DOLLARS ($70,000.00). MPHI shall make payments to Subcontractor within forty-
five (45) days after receipt by the Business Office of an invoice that has been approved by MDHHS and the
MPHI project coordinator indicating the amount due, description of expenses, and the subcontract reference
number.
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 1st and January 31st, an invoice
must be submitted for the December 1st-31st portion of expenses by February 14th. 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. Invoices for expenses incurred prior to December 31st of one fiscal year, but received
over 45 days after the start of the following fiscal year will not be paid.
Subcontractor shall send invoices no more frequently than monthly and all invoices 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 Grants and Contracts Manager 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.
Invoices should be submitted to: Lindsey DeBoer, ldeboer@mphi.org
CC: Krysten Rosendall, krosenda@mphi.org
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EXHIBIT C
Page 14 of 30
COPY OF FUNDING SOURCE AGREEMENT
(see attached)
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EXHIBIT D
PRIVACY REQUIREMENTS FOR SUBCONTRACTORS TO
MPHI PRIVACY-SENSITIVE PROJECTS
Contact Information/Definitions:
Privacy-sensitive project: A project may be classified as privacy-sensitive due to applicable federal laws such
as HIPAA, because of state or local laws or regulations, or by the MPHI Privacy Panel decision. Privacy-
sensitive projects are required to comply with additional and/or modified procedures and safeguards that are not
normally applied to standard MPHI projects.
MPHI Program Contact: Julia Heany, Program Director
Center for Healthy Communities
Michigan Public Health Institute
2342 Woodlake Dr.
Okemos, MI 48864
(517) 324-7349
MPHI Privacy Officer:Ta-Tanisha Manson
Michigan Public Health Institute
2436 Woodlake Circle, Suite 340
Okemos, MI 48864
(517) 324-6084
Maintaining Security & Confidentiality of Privacy-Sensitive Data
Subcontractor staff working on privacy-sensitive projects will comply with the additional confidentiality and
security procedures described below.
1. Controlling Access to Data on Privacy-Sensitive Projects:
a. Subcontractor staff will be assigned by the Subcontractor to appropriate levels of authorization
limiting access to data. These levels of authorization apply to both electronic data and data
stored in hardcopy.
b. The Subcontractor will maintain a log of who has been granted access to the project data, their
level of authorization, their role, when access was granted, and when access was changed or
revoked.
c. Subcontractor staff with access to MPHI data will be required to sign a Confidentiality
Agreement annually prior to being granted access to project data or information. Signed and
dated copies of these Confidentiality Agreements will be supplied to the MPHI program contact.
d. Subcontractor staff will receive training in the Subcontractor’s privacy and security policies and
procedures, including any enhanced procedures applicable to MPHI projects.
2. Physical Safeguards to Protect Privacy-Sensitive Data:
a. Any paper documents containing processed or unprocessed MPHI data that contains personal
identifiers, or data that are broken out at the individual level are subject to the following security
measures:
i. Documents will not be left in an unattended, unsecured room.
ii. If paper documents containing data are out on a desk or an open data file is on the
computer screen, unauthorized persons will not be allowed in the room. Unauthorized
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persons will not be allowed to use a workstation or laptop computer while project data is
in use on that workstation.
iii. When leaving the office unattended for extended periods, documents must be placed in a
locked drawer or safe accessible only to authorized staff members.
iv. Document shredding is required for documents containing data that have been superseded
and/or determined to be obsolete. All documents will be shredded with a cross cut
shredder.
3. Technical Safeguards to Protect Privacy-Sensitive Data:
a. MPHI privacy-sensitive data files may routinely be stored on removable media. Removable
media must be placed in a locked drawer or safe accessible only to authorized staff members
when not in use.
b. MPHI data for privacy-sensitive projects may routinely be stored in “Secure” data folders on
servers or hard drives with appropriate firewalls and controlled access.
c. MPHI reserves the right to specify how data will routinely be stored on a project-by-project
basis.
4. Sending, Receiving and Transporting MPHI Privacy-Sensitive Data: The data transfer protocols described
under this section help to ensure that data are not accessed by unauthorized persons and are neither
inadvertently lost nor destroyed.
a. All incoming and outgoing data transfers, regardless of transmission method, will be logged.
b. Both paper and electronic MPHI data being retrieved or delivered in person by the Subcontractor
must be carried by an authorized staff member and, to the extent practicable, must remain in
close physical proximity to that person during the transfer. The staff member must retain
knowledge and control over the data’s whereabouts at all times and may not entrust it to any
person except an authorized staff member or other person to whom the data are being delivered
in compliance with the project workplan or other project needs.
c. Both paper and electronic MPHI privacy-sensitive data may be transferred via the U.S. Postal
Service. Because tampering with the U.S. mail is a federal offense, this should provide adequate
protection for the data when coupled with the use of certified or registered mail (including return
receipt, restricted delivery, signature confirmation or other additional services). Any electronic
files sent in the mail must be encrypted; password protection alone is not an adequate level of
security. Subcontractor will use U.S. Postal Service’s registered or certified mail with return
receipt service for delivering data or another courier service, such as by United Parcel Service,
that offers traceable delivery. For incoming MPHI data, the Subcontractor will require use of
courier services that provide tracking information and other security mechanisms similar to those
provided by the US Postal Service, and will make every reasonable effort to ensure that project
partners comply with secure transfer expectations, including encryption of data.
d. Subcontractor use of facsimile transfers for confidential MPHI data is strongly discouraged.
However, if it is necessary to send outgoing faxes with privacy-sensitive data, Subcontractor
staff will maximize the security of the transmission by using a fax cover sheet that clearly
identifies the person or entity that should receive the data and clearly states that the remaining
pages in the fax contain confidential, privacy-sensitive information. They will also do everything
in their control to assure that the intended recipient is at the fax machine at the time of
transmission. Staff must request confirmation that the intended person or entity received the fax.
For incoming data, Subcontractor will strongly discourage the use of faxes and will make every
reasonable effort to ensure that project partners comply with secure transfer expectations.
e. Electronic data transfers of MPHI data over publicly shared networks, such as email or the
Internet, are only permitted when both sender and receiver are using federally approved
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encryption methods approved by MPHI. The software used to encrypt data should implement a
U.S. government approved encryption algorithm called Advanced Encryption Standard (AES).
5. Subcontractor staff that have obtained permission to telecommute while working on an MPHI privacy-
sensitive project are required to follow the procedures detailed in EXHIBIT D.
Disclosing Privacy-Sensitive Data
The state and federal laws that apply to the project often regulate the disclosure of privacy-sensitive data.
Subcontractor should be familiar with the requirements of applicable laws. Subcontractors must follow
guidelines for appropriate disclosure (including disclosure to clients, project partners, funders, and
subcontractors) outlined in the project workplan or other applicable contractual agreements.
Report Adverse Events
Non-compliant data transfers, inadvertent data disclosures, and non-compliance with any of the security
procedures required for privacy-sensitive projects must be reported to the MPHI Program contact and MPHI
Privacy Officer immediately and documented as an adverse event.
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EXHIBIT E
OTHER PROGRAM SPECIFIC REQUIREMENTS
1. State Data
a. Ownership
The State’s data (“State Data,” which will be treated by Subcontractor as Confidential
Information) includes: (a) the State’s data collected, used, processed, stored, or generated as the
result of the Agreement Activities; (b) personally identifiable information (“PII“) collected, used,
processed, stored, or generated as the result of the Agreement Activities, including, without
limitation, any information that identifies an individual, such as an individual’s social security
number or other government-issued identification number, date of birth, address, telephone
number, biometric data, mother’s maiden name, email address, credit card information, or an
individual’s name in combination with any other of the elements here listed; and, (c) personal
health information (“PHI”) collected, used, processed, stored, or generated as the result of the
Agreement Activities, which is defined under the Health Insurance Portability and Accountability
Act (HIPAA) and its related rules and regulations. State Data is and will remain the sole and
exclusive property of the State and all right, title, and interest in the same is reserved by the State.
This Section survives the termination of this Agreement.
b. Subcontractor Use of State Data
Subcontractor is provided a limited license to State Data for the sole and exclusive purpose of
providing the Agreement Activities, including a license to collect, process, store, generate, and
display State Data only to the extent necessary in the provision of the Agreement Activities.
Subcontractor must: (a) keep and maintain State Data in strict confidence, using such degree of
care as is appropriate and consistent with its obligations as further described in this Subcontract
and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose State
Data solely and exclusively for the purpose of providing the Agreement Activities, such use and
disclosure being in accordance with this Agreement, any applicable Statement of Work, and
applicable law; and (c) not use, sell, rent, transfer, distribute, or otherwise disclose or make
available State Data for Subcontractor’s own purposes or for the benefit of anyone other than the
State without the State’s prior written consent. This Section survives the termination of this
Agreement.
c. Extraction of State Data
Subcontractor must, within five (5) business days of the State’s request, provide the State or MPHI,
without charge and without any conditions or contingencies whatsoever (including but not limited
to the payment of any fees due to Subcontractor), an extract of the State Data in the format specified
by the State or MPHI.
d. Backup and Recovery of State Data
Subcontractor is responsible for maintaining a backup of State Data and for an orderly and timely
recovery of such data. Subcontractor must maintain a contemporaneous backup of State Data that
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can be recovered within two (2) hours at any point in time.
e. Loss or Compromise of Data
In the event of any act, error or omission, negligence, misconduct, or breach on the part of
Subcontractor that compromises or is suspected to compromise the security, confidentiality, or
integrity of State Data or the physical, technical, administrative, or organizational safeguards put
in place by Subcontractor that relate to the protection of the security, confidentiality, or integrity
of State Data, Subcontractor must, as applicable:
(a) notify the MPHI as soon as practicable but no later than twenty-four (24) hours of becoming
aware of such occurrence;
(b) cooperate with the State and MPHI in investigating the occurrence, including making available
all relevant records, logs, files, data reporting, and other materials required to comply with
applicable law or as otherwise required by the State or MPHI;
(c) in the case of PII or PHI, at the State or MPHI’s sole election, (i) with approval and assistance
from the State or MHPI, notify the affected individuals who comprise the PII or PHI as soon as
practicable but no later than is required to comply with applicable law, or, in the absence of any
legally required notification period, within five (5) calendar days of the occurrence; or (ii)
reimburse the State and MPHI for any costs in notifying the affected individuals;
(d) in the case of PII, provide third-party credit and identity monitoring services to each of the
affected individuals who comprise the PII for the period required to comply with applicable law,
or, in the absence of any legally required monitoring services, for no less than twenty-four (24)
months following the date of notification to such individuals;
(e) perform or take any other actions required to comply with applicable law as a result of the
occurrence;
(f) pay for any costs associated with the occurrence, including but not limited to any costs incurred
by the State and MPHI in investigating and resolving the occurrence, including reasonable
attorney’s fees associated with such investigation and resolution;
(g) Hold harmless the State and MPHI for any and all claims, including reasonable attorneys’
fees, costs, and incidental expenses, which may be suffered by, accrued against, charged to, the
State and MPHI in connection with the occurrence;
(h) be responsible for recreating lost State Data in the manner and on the schedule set by the State
or MPHI without charge to the State or MPHI; and
(i) provide to the MPHI a detailed plan within ten (10) calendar days of the occurrence describing
the measures Subcontractor will undertake to prevent a future occurrence. Notification to affected
individuals, as described above, must comply with applicable law, be written in plain language,
not be tangentially used for any solicitation purposes, and contain, at a minimum: name and contact
information of Subcontractor’s representative; a description of the nature of the loss; a list of the
types of data involved; the known or approximate date of the loss; how such loss may affect the
affected individual; what steps Subcontractor has taken to protect the affected individual; what
steps the affected individual can take to protect himself or herself; contact information for major
credit card reporting agencies; and, information regarding the credit and identity monitoring
services to be provided by Subcontractor.
The State and MPHI will have the option to review and approve any notification sent to affected
individuals prior to its delivery. Notification to any other party, including but not limited to public
media outlets, must be reviewed and approved by the State and MPHI in writing prior to its
dissemination. The parties agree that any damages relating to a breach of this Section 2 are to be
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considered direct damages and not consequential damages. This section survives termination or
expiration of this Agreement.
f. State’s Governance, Risk and Compliance (GRC) platform
Subcontractor is required to assist the State and MPHI with its security accreditation process
through the development, completion and ongoing updating of a system security plan using the
State’s automated GRC platform and implement any required safeguards or remediate any security
vulnerabilities as identified by the results of the security accreditation process.
g. Compliance with IRS Pub 1075.
If the Agreement Activities includes access to, or the hosting of, any tax information,
Subcontractor must also comply with the applicable requirements of IRS Publication 1075,
Schedule G – Exhibit 7 Safeguarding Contract Language and Schedule H – Safeguard
Requirements of Confidential Tax Data.
2. Data Privacy and Information Security
a. Undertaking by Subcontractor
Without limiting Subcontractor’s obligation of confidentiality as further described, Subcontractor
is responsible for establishing and maintaining a data privacy and information security program,
including physical, technical, administrative, and organizational safeguards, that is designed to:
(a) ensure the security and confidentiality of the State Data; (b) protect against any anticipated
threats or hazards to the security or integrity of the State Data; (c) protect against unauthorized
disclosure, access to, or use of the State Data; (d) ensure the proper disposal of State Data; and (e)
ensure that all employees, agents, and subcontractors of Subcontractor, if any, comply with all of
the foregoing. In no case will the safeguards of Subcontractor’s data privacy and information
security program be less stringent than the safeguards used by the State, and Subcontractor must
at all times comply with all applicable State IT policies and standards, which are available to
Subcontractor upon request.
b. Audit by Subcontractor
No less than annually, Subcontractor must conduct a comprehensive audit of its data privacy and
information security program and provide such audit findings to the State.
c. Right of Audit by the State
Without limiting any other audit rights of the State, the State and MPHI have the right to review
Subcontractor’s data privacy and information security program prior to the commencement of
Agreement Activities and from time to time during the term of this Agreement. During the
providing of the Agreement Activities, on an ongoing basis from time to time and without notice,
the State and MPHI, at their own expense, are entitled to perform, or to have performed, an on-site
audit of Subcontractor’s data privacy and information security program. In lieu of an on-site audit,
upon request by the State or MPHI, Subcontractor agrees to complete, within 45 calendar days of
receipt, an audit questionnaire provided by the State or MPHI regarding Subcontractor’s data
privacy and information security program.
d. Audit Findings
Subcontractor must implement any required safeguards as identified by the State, MPHI, or by any
audit of Subcontractor’s data privacy and information security program.
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e. MPHI’s Right to Termination for Deficiencies
MPHI reserves the right, at its sole election, to immediately terminate this Agreement or a
Statement of Work without limitation and without liability if the State determines that
Subcontractor fails or has failed to meet its obligations under this Section.
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EXHIBIT F
SPECIAL PROVISIONS FOR WORK FUNDED BY FEDERAL DOLLARS
1. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY
(a)The recipient must -
(1)Exercise due diligence to ensure that none of the funds, including supplies and services, received under
this grant or cooperative agreement are provided directly or indirectly (including through subawards or
contracts) to a person or entity who is actively opposing the United States or coalition forces involved in
a contingency operation in which members of the Armed Forces are actively engaged in hostilities,
which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and;
(2)Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as
a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless
the Federal awarding agency provides written approval to continue the subaward or contract.
(b)The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards
under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed
outside the United States, including its outlying areas.
(c)The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in
whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due
diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that
any funds received under this grant or cooperative agreement have been provided directly or indirectly to a
person or entity who is actively opposing coalition forces involved in a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
2. ADDITIONAL ACCESS TO RECIPIENT RECORDS
(a)In addition to any other existing examination-of-records authority, the Federal Government is authorized to
examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that
funds, including supplies and services, available under this grant or cooperative agreement are not provided,
directly or indirectly, to a person or entity that is actively opposing United States or coalition forces
involved in a contingency operation in which members of the Armed Forces are actively engaged in
hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be
performed in the United States Central Command (USCENTCOM) theater of operations.
(b)The substance of this clause, including this paragraph (b), is required to be included in subawards or
contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be
performed outside the United States, including its outlying areas.
3. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES.
Contractor acknowledges and agrees that Section 889(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (the “McCain Act”), and 2 C.F.R. §200.216,
prohibit the obligation or expending of federal award funds on certain telecommunication products or with
certain entities for national security reasons on or after August 13, 2020.
During performance of this Contract, the Contractor agrees as follows:
(a)Definitions. As used in this Section 3. Prohibition on Contracting for Covered Telecommunications
Equipment or Services (“Section 3”):
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(1)the terms “backhaul,” “critical technology,” “interconnection arrangements,” “reasonable inquiry,”
“roaming,” and “substantial or essential component” have the meanings defined in 48 CFR § 4.2101;
(2)the term “covered foreign country” has the meanings defined in § 889(f)(2) of the McCain Act; and
(3)the term “covered telecommunications equipment or services” has the meaning defined in § 889(f)(3)
of the McCain Act.
(b)Prohibitions.
(1)Unless an exception in paragraph (c) of this Section 3 applies, neither the Contractor nor any of its
subcontractors may use funds received under this Contract to:
i.Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii.Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service
that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
iii.Enter into, extend, or renew a contract with an entity that uses any covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system; or
iv.(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
(c)Exceptions.
(1)This Section 3 does not prohibit Contractor from providing—
i.A service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
ii.(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise handles. (d)
Reporting requirement.
(d)Reporting requirement.
(1)In the event the Contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the contractor is notified of such by a subcontractor at any tier or by
any other source, the Contractor shall report the information in paragraph (d)(2) of this Section 3 to
the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting
the information.
(2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this Section 3:
i.Within one business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity
identifier (if known); supplier Commercial and Government Entity (CAGE) code (if
known); brand; model number (original equipment manufacturer number, manufacturer
part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended.
ii.(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
Section 3: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to prevent
use or submission of covered telecommunications equipment or services, and any
additional efforts that will be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e)Subcontracts. The Contractor shall insert the substance of this Section 3, including this paragraph (e), in
all subcontracts and other contractual instruments.
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4. DOMESTIC PREFERENCES FOR PROCUREMENTS.
(a)As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included in
all subawards including all contracts and purchase orders for work or products under this award.
(b)For purposes of this section:
(1)“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from
the initial melting stage through the application of coatings, occurred in the United States.
(2)“Manufactured products” means items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
5. BYRD ANTI-LOBBYING AMENDMENT.
Contractors shall file the required certification entitled Certification Regarding Lobbying attached below. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)
to the awarding agency.
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.
If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Contractor
must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part
5), as applicable, and during performance of this Contract the Contractor agrees as follows:
(a)Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than 1 ½ times the
basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(b)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the Contractor and any Subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was
required or permitted to work in excess of the standard work week of 40 hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
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(c)Withholding for unpaid wages and liquidated damages. The State shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the Contractor or Subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
(d)Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the Subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.
7. EQUAL EMPLOYMENT OPPORTUNITY
This Contract is not a “federally assisted construction contract” as defined in 41 CFR Part 60-1.3.
8. DAVIS-BACON ACT (PREVAILING WAGE)
This Contract is not a “federally assisted construction contract” as defined in 41 CFR Part 60-1.3, nor is it a
prime construction contract in excess of $2,000 where the Davis-Bacon Act applies.
9. COPELAND “ANTI-KICKBACK” ACT
If this Contract is a contract for construction or repair work in excess of $2,000 where the Davis-Bacon Act
applies, the Contractor must comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States”), which prohibits the
Contractor and subrecipients from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled, and during performance of this Contract the Contractor agrees as follows:
(a)Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of
29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(b)Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such
other clauses as FEMA or the applicable federal awarding agency may by appropriate instructions require,
and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(c)Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a Contractor and Subcontractor as provided in 29 C.F.R. § 5.12.
10. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
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If this Contract is funded by a federal “funding agreement” as defined under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
11. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If this Contract is in excess of $150,000, the Contractor must comply with all applicable standards, orders, and
regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act
(33 USC 1251-1387), and during performance of this Contract the Contractor agrees as follows:
Clean Air Act
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The Contractor agrees to report each violation to the State and understands and agrees that the State will, in
turn, report each violation as required to assure notification to the Federal Emergency Management Agency or
the applicable federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.
3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA or the applicable federal awarding agency.
Federal Water Pollution Control Act
1. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The Contractor agrees to report each violation to the State and understands and agrees that the State will, in
turn, report each violation as required to assure notification to the Federal Emergency Management Agency or
the applicable federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.
3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA or the applicable federal awarding agency.
12. Debarment and Suspension
A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18,
1989), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As
such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995)
or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C,
and must include a requirement to comply with these regulations in any lower tier covered transaction it enters
into.
(3) This certification is a material representation of fact relied upon by the State. If it is later determined
that the contractor did not comply with 2 C.F.R. Part. 180, subpart C and 2 C.F.R. Part. 3000, subpart C, in
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addition to remedies available to the State, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2
C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
13. PROCUREMENT OF RECOVERED MATERIALS
Under 2 CFR 200.322, Contractors must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act.
a.In the performance of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
b.Information about this requirement, along with the list of EPA- designated items, is available at EPA’s
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-
guideline-cpg-program.
c.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
14. Affirmative Socioeconomic Steps
For all contracts utilizing federal funding sources subject to Title 2 of the Code of Federal Regulations (C.F.R.)
Part 200 issued on or after November 12, 2020, if subcontracts are to be let, the prime contractor is required to
take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses,
women’s business enterprises, and labor surplus area firms are used when possible.
15. Copyright and Data Rights
Pursuant to 2 CFR § 200.315(b), the State may copyright any work which is subject to copyright and was
developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves
a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal
purposes, and to authorize others to do so.
16. ADDITIONAL FEMA CONTRACT PROVISIONS.
The following provisions apply to purchases that will be paid for in whole or in part with funds obtained from
the Federal Emergency Management Agency (FEMA):
a. Access to Records. The following access to records requirements apply to this contract:
i. The Contractor agrees to provide the State, the FEMA Administrator, the Comptroller General of the
United States, or any of their authorized representatives access to any books, documents, papers, and
records of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
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ii. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access
to construction or other work sites pertaining to the work being completed under the contract.
In compliance with the Disaster Recovery Act of 2018, the State and the Contractor acknowledge and agree that
no language in this contract is intended to prohibit
audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
b. Changes. See the provisions regarding modifications or change notice in the Contract Terms.
c. DHS Seal Logo and Flags. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre-approval.
d. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that
FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with
all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
e. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the State, Contractor, or any other party pertaining to any matter
resulting from the Contract.”
f. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s
actions pertaining to this contract.
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
a.This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the
Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
b.The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include
a requirement to comply with these regulations in any lower tier covered transaction it enters into.
c.This certification is a material representation of fact relied upon by the State. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the State, the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
d.The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
SIGNATURE – Official Authorized to Sign:Date Signed:
Name:Title:
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award documents for 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.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if
any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative
Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
SIGNATURE – Official Authorized to Sign:Date Signed:
Name:Title:
GRANT REVIEW SIGN-OFF – Health and Human Services/ Health Division
GRANT NAME: Regional Equity Backbone 2025 Grant AWD00557
FUNDING AGENCY: Michigan Public Health Institute
DEPARTMENT CONTACTS: Stacey Sledge 248-452-2151
STATUS: Acceptance (Greater than 15%)
DATE: 10/14/2024
Please be advised that the captioned grant materials have completed internal grant
review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance
package (which should include this sign-off email and the grant agreement/contract with
related documentation) should be downloaded into Civic Clerk to be placed on the next
agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee (10/14/2024)
Human Resources:
Approved by Human Resources. Creates one (1) PTNE position. HR action is
needed. HR Analyst will provide the department with the HR Write Up. – Hailey
Matthews on behalf of Heather Mason (10/04/2024)
Risk Management:
Approved. Contract allows the County to self-insurance. – Robert Erlenbeck
(10/09/2024)
Corporation Counsel:
Approved. Corporation Counsel conducted a legal review of the provided materials.
Confirmed with Health (C. Hribar) that they have reviewed the agreement and all related
materials, have no questions or concerns, and believe they can and intend to comply
with all terms and conditions. NOTE: Health (C. Hribar) also confirmed that because
Health will not be using/possessing confidential information identified as "privacy-
sensitive, (see pgs 4 and 5 of the contract)" Exhibit E will not apply. This is important
because Ex. E contains problematic indemnification language that MPHI has refused to
remove in the past. – Heather Lewis (10/14/2024)