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MISCELLANEOUS RESOLUTION #08112 June 12, 2008
BY: General Government C:e hr tine Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2008 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE
To the Oakland County Beard :•mmissionerc
Chairperson, Ladies and
WHEREAS the Healtn nas been awarju .:.3,730.00 by the Michigan
Public Health Itte in L-eurh for enturin ,1 infant mortality data for
Oakland County into a s'_at.ou dJtabase to. ,Asist with statisti_cal analysis;
and
WHEREAS this activIty ben undertaken using a variety of
sources; and
WHEREAS no county matel, oi dciJitfenal poslticns re required; and
WHEREAS this contrt L. approvd the County Executive'S
contract review proces•!:::
WHEREAS the act2eptan(.: er tnis con .._rt j.:;o not obligate the County to
any future commitment.
NOW THEREFORE Si :T R.L.V±r.2. that the i County Board of
Commissioners approves tno i-. `al Infant 1,.,rt -ity ',:ata Abstraction
Agreement in the amount ot 5-',:0,C3 and that tn(_: :oard_ Chairperson, on
behalf of the County cf authorized to execute said agreement as
attached.
BE 12 FURTHE.1;, tn,:c_ the futuIe 17;v1 of service be contingent
upon the level of funOing Ls program.
BE iT 72-,TR:HER RESI,VE:; tnat the Board '.7nirperson is authorized to
execute this agreement ond anges and exttnJions to the agreement, not
to exceed fifteen percent wtich is with the agreement as
originally approved.
Chairperson, on ;:en.Alf General :":cv_=%t Cdmmittee, : move
adoption of the forecoing
C:ENERL COMM:TTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimosly roll call naLchett, Crawforo and
Suarez absent,
Page 1 of 3
Tom Fockler
From: Piir, Gaia [piirg@oakgov.com ]
Sent: Monday. May 12, 2008 2:43 PM
To: 'Fockier, Tom '; 'Pearson, Linda'
Subject: Grant Review Sign Off: Health avision - FY 2008 Fetal Infant Mortality Data Abstraction -
Grant Agreement
Attachments: Grant sign off pkg.pdf
Tht complete sign off package is attached.
GRANT REVIEW SIGN OFF — Health Division
GRANT NAME: FY 2008 Fetal Infant Mortality Data Abstraction
FUNDING AGENCY: Michigan Public Health Institute
DEPARTMENT CONTACT PERSON: Torn Fockler
STATUS: Grant Acceptance
DATE: May 12, 2008
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be placed on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (3/19/2008)
Department of Human Resources:
Approved. — Cathy Shallal (3/20/2008)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (3127 /2008)
Corporation Counsel:
I have reviewed the above referenced Agreement and approve same for acceptance by the Oakland County Board
of Commissioners. — John Ross (5/12/2008)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
Single Audit Act of 1984 (with amendments in 1996)
http://www.whitehouse.gov/omb/finaricial/fin sinpie audit.html
Page 2 of 3
Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards
for obtaining consistency and uniformity among Federal agencies for the audit of States, local
governments, and non-profit organizations expending federal awards.
http://www.whitehotise.gov/ombkircularsia I 33/a133.html
Federal Anti-Lobbying Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions (31 USC 1352)
http://uscode.house.goviuscode-cgi/fastweb.exe?Retdoc+uscview —t29t32-1811÷0-.-+°,1028Anti Lobbying%29%
20%20AND%20%28%2831%29%20A %201jSC%29%3ACITE%20%20%20°/020%20%20%20%20%20
Lobbying Disclosure Act of 1995 (2 USC 1601)
http://www.senate.govire lerenceiresources/pd ficont act ing 1 04 65. pcl
Anti-Lobbying - Section 503 (Public Law 104-208)
http://grants.hih.gov/grantsiguidelnotice-filQS/11 ot97-037.11tml
Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and
Budget Act - "P.A. 533 of 2004" Imp:if/yam legis1ature.mi.gov4 ug3lxgeltmd5z55z2u iwy45)/mileg.asp_s?
page=getObject&objectName=2003-SB-0850
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" hitp:i/www.legislature.mi.goy,
(uq31xgeltmrj5z55z2uiwv45)/mi1eg.aspx7page=getobject&objectname-mcl-Act-453-of-
i 976&queryid=14718540
Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" ht-tp://www.legislature.mi.goy/
(A3lxgeltmrj5z55z2uiwv45)/milez.aspx?page—getobject&objectname—mcl-Act-220-of-
1976&queryid=14718589
MBEPNBE in procurement (40 CFR sec. 31.36 (e)(2))
http://frwebgate4.access.gpo.goy/egi-binAN a i sgate.cgi?
WAISdoel Dr=61675632507+38-0+0&WAISaction ,=retrieve
Federal Government-Wide Debarment and Suspension — Non-procurement (45 CFR Part 76)
http://www.access.gpo.govinaraiariwa is id x_05/45cfr76_05.html
Pro-Children Act of 1994
htw:/'cpa.gov/iaq/schooIs/tfs/guide.]um 14 Pro-Chi 1eiren%20Aet%20o1%201994
Federal Hatch Act - Political Activity of Certain State and Local Employees
http://www.osc.govibatchact.htm
Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728-4763)
http://frwebgate.access.gpo.govicgi-bin/getdoe.cgia1bname=browse_usaralocid=Cite:+42USC4728
http://frwebgate.access.gpo.gov/egi-birt/getdoc.cqi?dbname-brovise_usc&docic1 ,--Cite:+42USC4763
Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes
consistency and uniformity among Federal agencies in the management of grants and cooperative
agreements with State, local, and tribal governments.
http://www.whitebouse.goviomb/eirculars/a102/a I 02. him]
Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II)
h.t-tp://www.cms.hhs.gov/HIPAAGenIntb/Downloads/HIPAAlawdetail.pcif
Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities — "Act 317 of 1968"
Impl/www.legislature,mi.gov/(oq3lnelonrj5z55z2u1wv415).m ileg.aspx?pne=getobject&objectname=mcl-Act-
r Page 3 of 3
317-of-1968&queryid=14761946
Gaiu V. Piir
Oakland County Fiscal 5ervice-5 Division
Phone (248) 858-1037
Fax. (248) 858-9724
piirg@oaksov.com
Subcontractor Agreement between
The Michigan Public Health Institute
and
Oakland County Health Department
Attn: Mary White
1200 N. Telegraph Rd
Pontiac, MI 48341
SSN or FEIN:
On file
Reference Number:
G-08269-115- 504200
Effective Dates: October 1, 2007 through September 30, 2008
SUBCONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of October, 2007, by and between the MICHIGAN
PUBLIC HEALTH INSTITUTE, a Michigan nonprofit corporation ("MPHI"), and the Oakland County Health
Department, ("Subcontractor"),
1. Acknowledged Facts. MPHI has entered into a contract with Michigan Department of
Community Health to enhance or expand the Fetal Infant Mortality Review Program. ("Funding
Source Agreement"). MPHI desires to subcontract with Subcontractor to provide services
necessary for MPHI to carry out its obligations under the Funding Source Agreement.
2. Subcontractor Services. Subcontractor shall perform the services described in Exhibit A.
Subcontractor shall perform the services in compliance with all terms of the Funding Source
Agreement. In the event of a conflict between the Funding Source Agreement and any term in
this Agreement, the Funding Source Agreement shall control. A copy of the Funding Source
Agreement is attached to this Agreement as Exhibit C. Subcontractor shall provide the necessary
administrative, professional, and technical staff for performance of the services.
3. Term of Aureement; Termination Without Cause. The Subcontractor shall begin providing
the services described above on the 1st day of October, 2007 and shall continue those services
through the 30th day of September, 2008 or the date of termination, vkthichever occurs first.
Either party may terminate this Agreement at any time without cause by giving thirty (30) days
advance written notice to the other party. Termination under this section shall not prejudice
either party's remedies for any breach occurring before termination.
4. Payment. Payments shall be paid according to the program budget or schedule attached as
Exhibit B.
5. Reimbursement and Return of Funds by Subcontractor. Upon termination of this
Agreement, Subcontractor shall immediately return to MPHI any funds in the Subcontractor's
possession that Subcontractor has not earned or is otherwise not entitled to keep under this
Agreement. If any court or governmental agency orders MPHI to return any grant funds,
Subcontractor shall return to MPHI on demand any portion of those grant funds that were paid to
Subcontractor.
6, Fees, Charges or Contributions. Subcontractor shall not solicit or require any fees or charges
from any third party for services or materials provided by Subcontractor under this Agreement
without the prior written approval of MPH!.
7. Records, Reporting, and Access. Subcontractor shall maintain records relating to its services
provided under this Agreement in accordance with generally accepted accounting practices and
in accordance with reasonable requirements of MPHI and the Funding Source Agreement, and in
a form sufficient to permit MPHI to verify the Subcontractor's costs, expenditures and other
activities incurred pursuant to this Agreement. MPHI and any funding sources identified in the
Funding Source Agreement, shall have access to all of Subcontractor's records relating to its
services under this Agreement at any reasonable time, including but not limited to canceled
checks, invoices, vouchers, purchase orders, subcontracts, time sheets, mileage records and all
other records relating to services and expenditures. MPH1 and the funding source shall be
2
• ••••
entitled to perform audits of all of Subcontractor's records described in this section.
Subcontractor shall maintain records relating to the services provided under this Agreement until
a final audit has been performed to MPHI's satisfaction or until three (3) years after termination
of this Agreement, whichever occurs first. For any services funded through the Michigan
Department of Community h ealth ("MDCH"). MPFII will comply with the regulations set forth
in the Single Audit Act Amendments of 1996, 31 LISC 7501 et seq. and Office of Management
and Budget Circular ("OMB") A-133, "Audits of States, Local Governments, and Non-Profit
Organizations" and provide MDCII with a copy of the annual audit reporting package of MPHI
and management letter within nine months after the end of MPHIls fiscal year.
8. Ownership of Property Purchased with Funding Source Funds. All property purchased by
Subcontractor in whole or in part with funds authorized under this Agreement, the cost of any
single item of which exceeds $5,000, shall be owned by and remain the property of MPH!. Upon
termination of this Agreement, all of that property shall be returned immediately to if
requested by MPHI in writing.
9, Compliance with Laws. Reeulations. and MPH! Policies and Assurencrik.
A. Anti-Lobbying Act. The Subcontractor will comply with the Anti-Lobbying Act, 31
USC 1352, as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and
Section 503 of the Departments of Labor. Health and Human Services and Education,
and Related Agencies Appropriations Act (Public Law 104-208). Further, the
Subcontractor shall require that the language of this assurance be included in the award
documents of all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
B. Compliance Other Laws. Subcontractor shall comply with all other applicable federal,
state and local laws, ordinances, guidelines, rules and regulations in carrying out the
terms of this Agreement.
10. Independent Contractor. The Subcontractor is an independent contractor for 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 security taxes to federal, state and local governments.
Subcontractor shall also comply with all workers compensation laws applicable to its business
and will provide to MPHI proof of its compliance with this section upon request by MPH!, If any
court or administrative agency determines that Subcontractor or any of its employees or agents
should be treated as employees of MPHI instead of independent contractors, Subcontractor
agrees to reimburse MPHI on demand for all expenses and costs incurred by MPHI as a result of
that determination, including but not limited to reasonable attorneys' fees, taxes, interest,
penalties and damages.
11. Indemnification and Insurance. Subcontractor is self insured and will provide evidence of
same upon request.
3
12. Intellectual Property, Ownership, and Use.
Subcontractor and MPIII agree that the report generated for MPHI is public information and will
remain in the public domain and will not be owned by either party.
13. Representations and Warranties by Subcontractor. Subcontractor represents and warrants to
MPH1 that to the best of its knowledge and belief that the contractors local health department or
an official (defined below) of the Contractors local health department:
A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible
or voluntarily excluded from providing any services under this Agreement by any federal,
state, or local department or agency.
B. Have not within a three year period preceding this agreement been convicted or had a
civil judgment render against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction.
C. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated section
2, and:
D. Have no actual or potential conflict of interest between themselves and MPH1.
E. Officials shall be defined as Health Department employees' classified grade 21 or above,
including the Health Officer for Oakland County.
F. Subcontractor has the authority to enter into this Agreement and to perform all of its
obligations under this Agreement.
G. Subcontractor execution and performance of this Agreement will not create a breach or
default in any agreement or court order to which Subcontractor is a party by which it is
bound.
14. Default and Remedies. Subcontractor shall be in default if it fails to perform any of its
obligation as described in this Agreement within (10) days after MPHI gives written notice of
failure to Subcontractor.
15. Notices. Any notice required or permitted to be given to either party under this Agreement shall
be deemed given on the date of personal delivery' to a representative of the party at its business
address, or on the next business day after being sent either via facsimile (with a hard copy mailed
the same day via regular mail) or via overnight mail service, or three (3) business days after
being mailed regular mail, postage prepaid, in the U.S. mail service or other comparable mail
service, to the following addresses:
4
If to MPHI:
If to the Subcontractor:
Ammie Hernandez, Grant and Contract Specialist
Michigan Public Health Institute
2436 Woodlake Circle, Suite 300
Okemos, MI 48864
Mary White
Oakland County Health Department
1200 N. Telegraph Rd
Pontiac, MI 48341
Either party may, by written notice, designate a different address other than a post office box to
which notices may be sent.
16. General Provisions.
A. Waivers. No failure or delay on the part of MPHI in exercising any right under this
Agreement shall operate as a waiver, nor shall a single or partial exercise of any right
preclude any other or further exercise of that right or any other right.
B. Entire Agreement and Amendment. This Agreement and any documents to which it
refers contain all of the terms of the Agreement between the parties with respect to its
subject matter and all Exhibits are incorporated by reference. This Agreement supercedes
any previous discussions, writings, or other communications with respect to its subject
matter. Any amendment or waiver of any term in this Agreement shall be enforceable
only if it is in writing and signed by both parties.
C. No Assignment or Subcontracting. The Subcontractor shall not assign, subcontract or
otherwise transfer any of its rights or duties without the prior written consent of MPHI,
D. Invalid Provisions. If any term of this Agreement is held to be invalid, the remainder of
the Agreement shall nevertheless be enforced to the maximum extent permitted by law.
E. Third Party Beneficiaries. No third party shall have the right to enforce any term in this
Agreement against either party, except that any funding source identified in the Funding
Source Agreement shall be entitled to enforce any of MPHI's rights under this
Agreement.
F. Individual Authority. Any persons signing on behalf of the Subcontractor represent and
warrant that they are duly authorized to sign this Agreement on behalf of the
Subcontractor and that this Agreement has been authorized by the Subcontractor.
5
0-08269-115- 504200
MICHIGAN PUBLIC HEALTH INSTITUTE
Tracy Y. Litzinger, CPA, MPA Date
Controller
Recommended by:
Shannon Stotenbur-Wing. MSW Date
Program Director
Oakland County Health Dept
Name: George J. Miller, MA Date
Title: Manager/Health Officer
Oakland County Health Dept
Name: Bill Bullard. Jr. Date
Title: Chairperson, Oakland County Board of Commissioners
6
EXHIBIT A
WORK STATEMENT & PROGRESS REPORTS
Contract Between
Michigan Public Health Institute
and
Oakland County Health Dept
Contract Period: 10/1/07 through 9/30/08
Work Plan
The purposes of these funds are to perform medical record case abstraction and Home Interview for Fetal Infant
Mortality Review to include the following:
• Case selection to be guided by PPOR (Perinatal Periods of Risk), with focus on African American
Deaths
• Review of medical records involved in infant death by a qualified individual, to include but not
limited to hospital records, pre-natal records, pediatric records, emergency and medical examiner's
records
• Interact with other agencies and service providers involved in infant's death (MI Department of
Human Services, Child Protective Services, local health department, law enforcement)
• Develop case summaries from the above abstracted information as well as the Home Interview,
using Michigan FIMR Network tools and guidelines
• Attend the review team meetings to facilitate the presentation of the cases
• Entry of cases into access data base and submission of cases to MPHI for MFIMR data base
Each completed case abstraction will be compensated at $270.00 per case
Projects may be eligible to receive additional $270.00 per case if the Maternal Home Interview is obtained.
*Qualified individual: Bachelor's degree in Nursing, Social Work, Public Health, Health Education, or related
field. Experience in maternal and child health, understanding of community health care systems and resources.
Good writing skills, some computer skills helpful.
7
Progress Reports
Subcontractor shall send progress reports to Heidi Hillard at the following address:
Address to send progress reports: Heidi Hilliard
FIIVIR Coordinator
Michigan Public Health Institute
2440 Woodlake Circle, Suite 150
Okemos, MI 48864
(517)-324-7330
hhilliard4mphi.org
Progress reports are due ten (10) days following the end of the calendar quarter. The content of the
quarterly reports should be very brief, should be written in paragraph format, and should describe:
• What activities were accomplished in the previous quarter,
• What activities are planned for the next quarter.
• Any anticipated problems that may delay completion of the project on schedule,
• Any significant staff changes on the project,
• Whether the budget for the project is on-track, and
• Whether any amendments to the original subcontract should be expected,
EXHIBIT B
BUDGET, STATEMENT, & INVOICE INFORMATION
Contract Between
Michigan Public Health Institute
and
Oakland County Health Dept
Contract Period: 10/1/07 through 9/30/08
Description of payment amounts and payment methods:
Total payments from MPHI to the Subcontractor under this Agreement, including reimbursed expenses, shall
not, exceed the sum of Three Thousand Seven Hundred Eighty Dollars and no/100 ($3,780.00). MPHI shall
make payments to Subcontractor within forty-five (45) days after receipt by the Business Office of an itemized
statement that has been approved by the project coordinator indicating the amount due and the reference number
G-08269-115-504200.
MPHI's fiscal year is January to December. Subcontractor invoices, that cross more than one of MPHI's fiscal
years, cannot be submitted. All invoices must be separated by MPH1 . s fiscal year. An invoice for any expenses
incurred during one fiscal year must be submitted to MPIII within forty-five (45) days of the start of the
following fiscal year. For example, for work performed on a subcontract between December 1, 2005 and
January 31, 2006. an invoice must be submitted for the December 1-31. 2005, portion of expenses by February
14, 2006.
Subcontractor shall send itemized statements no more frequently than monthly and all statements must conform
to requirements in the Funding Source Agreement. A final invoice must be submitted to MPHI within fifteen
(15) days after the termination date of this contract, unless otherwise agreed in writing by the Grant and
Contract Administrator of IVIPHI. Invoices received after this date without prior approval will not be honored.
Payment by the MPHI to the Subcontractor is subject to the availability of funds under the Funding Source
Agreement.
Statements/Invoices should be mailed to: Anissa Stanley
Office Manager
Michigan Public Health Institute
2440 Woodlake Circle, Suite 150
Okemos, MI 48864
(517)-324-7330
astanley@mphi.org
EXHIBIT C
COPY OF FUNDING SOURCE AGREEMENT
(see attached)
10
111001/PAS
Mosier IT1100-MPH1
U07 Page 1 of 17
Master Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
Michigan Public Health Institute
2436 Woodlake Circle. Suite 300
Okemm Mintrinap 48F384
Federal I.D.#. 38-2963835
hereinafter referred to as the "Contractor
for
Community Health Services
Part I
I. Period of Agreement
This agreement shall commence on Oatober 1, 2007 and continue through
September 30. 2008. This agreement is in full force and effect for the period
specified.
2. Program Blidget and Agreement Amount:
- A. Agreement Amount
The total amount of this agreement is $ 24 126 807. The Department under
the terms of this agreement will provide funding not to exceed $ 23 999 339.
The federal funding provided by the Department is $ varies by proiect or
approximately %; the Catalog of Federal Domestic Assistance (CFDA)
numbers; and the federal grant program titles are included in Attachment A.
B. Equipment Purchases and Title
Any equipment purchases supported in whole or in part through this
'agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful
life of more than one (1) year and art acquisition cost of $5,000 or more per
unit. Tale to equipment items having a unit acquisition cost of less than
$5,000 shall vest with the Contractor upon acquisition. The Department
• reserves the right to retain or transfer the title to all items of equipment having
a unit acquisition cost of $5,000 or more, to the extent that the Department s
proportionate interest in such equipment supports such retention or transfer of
title.
mocHitAAS
madarcutameti
&UT
Page 2 of 17
C. Deviation Allowance •
A deviation allowance modifying an established budget Category by $10,000 or
15%, whichever is greater, is permissible withOut priorwritten approval of the
Department. Any modification or deviations in excess, of this provision
including any adjustment to the total amount of this agreement must be made
• in writing and executed by all parties to this agreement before the
modifications can be implemented. This deviation allowance does not
• authorize new categories, subcontracts, equipment items or positions not
• shown in the attached Program Budget Summary and supporting detail
-sehedules.
3. Purpose:
The purpose of this Master Agreement is to provide funding for community health
servites.
4. Statement of Work: The Contractor agrees to undertake, perform and complete the
services described in the Attachments, which are part of this agreement through
reference.
5. Financial Requirements: The reimbursement payment process shell be followed as
described in Part II and Attachments, which are part of this agreement through
reference.
6. • Performance/Progress Report Requirements: The progress reporting methods,
as applicable, shall be followed as described in the Attachments, which are part of
this agreement through reference. •
7. General Provisions : The Contractor agrees to comply with the General Provisions
otitlined in Part II of this agreement, which is part of this- agreement through
reference.
8. Administration of the Agreement:
The person acting for the Department in. administering this agreement (hereinafter
referred to as the Contract Manager) is:
\Aran Paract Laris Cass Building: Master Aoreement Coordinator. ($17) 241-2285
Name; Location/Building Title Telephone No.
ParaoVOrnichician.cov
Email Address
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement is:
Name Title
Email Address Telephone No.
For the CONTRAI.-TOR
nd tie
eza
jec--(:v _ 1 ci 611
Signature I
1111.111
-
Date .•
10. Special Conditions:
A. This agreement is valid 'upon approval by the State Administrative Board as
appropriate and approval and execution by the Department.
B. This agreement is conditionally approved subject to and contingent upon the
availability of funds.
• C: The Department will not assume any responsibility or liability for costs
• • incurred by the Contractor prior, to the signing of this agreement...
D. - lathe event of a conflict betWeen this Agreement and one of the Attachments
to this agreement, the provisions of the Attachment Shall prevail.
E. The' Contractor is required by PA 533 of .2004 to receive payments by
eleStfonio-funds-tralWOR
11. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that
he or she is authorized to sign this agreement on behalf of the responsible governing
board, official or Contractor.
12. Signature Section:
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon, Deputy Director Date
Operations Administration
MOCIVGMS
lAastor 07/00411Plit
MT
Page 3 of 17
Part II
General Provisions - Master Grant Agreement
1. Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this agreement
will:
- A. . Publication Rights •
1. Where activities supported by this agreement produce books, films, or other
such copyrightable materials issued by the Contractor, the Contractor may
copyright such but shall acknowledge that the Department reserves a royalty-
pricrusive-ariu-n-ravumme-nuits in r euiuuuCU-ARMIIIISI FE
materials and to authorize others to reproduce and use such materials. This
cannot include service recipient information or personal identification data.
• 2. Any copyrighted materials or modifications bearing acknowledgment of the
Department' s name must be approved by the Department prior to
reproduction and use of such materials.
3. The Contractor shall give recognition to. the Department in any and all
publications papers and presentations arise from the program and service
contract.herein; the Department will do likewise.
• B. Fees . •
Maketeasonable efforts to collect 1 st and 3rd party fees, where applicable, and report
these as outlined by the Department s fiscal procedures. Any underrecoveries of
• otherwise available fees resulting from failure to bill for eligible services will be
• excluded from reimbursable expenditures_
C. Program Operation
Provide the necessary administrative, professional, and technical staff for operation
of the program.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective date of this agreement, and provide the Department with timely review and
commentary on any new report forms and reporting formats proposed for issuance
thereafter.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files including source
documentation to support program activities and all expenditures made under the
terms of this agreement, as required. Assure that all terms of the agreement will be
appropriately adhered to; and, that records and detailed documentation for the
project or program identified in this agreement will be maintained for a period of not
less than three (3) years from the date of termination, the date of submission of the
final expenditure report or until litigations and audit findings have been resolved.
IIECHIVAS
IMMer 07.1104PAPta
G/07
Page 4 of 17
Authorized Access •
Permit upon reasonable notification and at reasonable times, access by authorized
representatives of the Department, Federal Grantor Agency, Comptroller General of
the United States and State Auditor General, or any of their duly authorized
representatives, to records, files, and documentation related to this agreement, to the
extent authorized by applicable state or federal law, rule or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients. Contractors
designated as vendors are exempt from the provisions of this section.
1. Reouired Audit or Notification Letter
Contractors must submit to the Department either a Single Audit, Financial
Statement Audit, or Audit Status Notification Letter as described below, if
submitting a Single Audit or Financial Statement Audit, Contractors must also
submit a Corrective Action Plan for any audit findings that impact MDCI1-
funded programs, and management letter (if issued) with a response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards during the
Contractor's fiscal year must submit to the Department a Single Audit
prepared consistent with the Single Audit Act Amendments of 1996,
and Office of Management and Budget (01VII3) Circular A-133, 'Audits
of States, Local Governments, and Non-Profit Organizations,' (as
" revised).
b. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State and
Federal grant funding must submit to the Department a Financial
Statement Audit prepared in accordance with generally accepted
auditing standards (GAAS). Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total Department grant
funding must submit to the Department a Financial Statement Audit
prepared in accordance with GAAS if the audit includes disclosures
that may negatively impact MDCH-funded programs including, but not
limited to fraud, going concern uncertainties, financial statement
misstatements, and violations of contract and grant provisions.
c. Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial Statement
Audit requirements (a. and b. above) must submit an Audit Status
Notification Letter that certifies these exemptions. The template Audit
Status Notification Letter and further instructions are available at
httpliwww.michicanmovimdch by selecting inside Community Health,
Office of Audit.
2. Due Date and Where to Send
The requiredaudit and any otherrequired submissions (i.e. Corrective Action
Plan and management letter with a response), or audit Status Notification
. Letter must be submitted to the Department within nine months after the end
of the Contractor's fiscal year to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
*For Express Delivery:
• Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933 •
Alternatives to paper filing may be viewed at http://vvww.michleansiovirndth by
selecting Inside Community Health, Office of Audit
3. Penalty
a. Delinauent Simile Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit reporting
package, management letter (if issued) with a response, and Corrective
Action Plan; or the Financial Statement Audit and management letter (if
issued) with a response within nine months after the end of the
Contractor's fiscal year and an extension has not been approved by the
• cognizant or oversight agency for audit, the Department may withhold
from the current funding an amount equal to five percent of the audit
•. year's grant funding; not to exceed $200,000, until the required filing is
• received by the Department. The Department may retain the amount
• withheld if the Contractor is more than 120 days delinquent in meeting
• the filing requirements and an extension has not been approved by the
cognizant or oversight agency for audit. The Department may
terminate the current grant if the contractor is more than 180 days
delinquent in.meeting the filing requirements and an extension has not
been approved by the cognizant or oversight agency for audit.
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when required,
• •may result in withholding from the current funding an amount equal to
one percent of the audit year's grant funding until the Audit Status
Notification Letter is received.
-• 4. Other Audits •
The Department or federal agencies may also conduct or arrange for 'agreed
upon procedures" or additional audits to meet their needs.
Page 6 of 17
H. SubrecipieniNendor Monitorinq
• The Contractor must ensure that eaCh of its subrecipients comply with the Single
. Audit Act requirements. The Contractor must issue management decisions on audit
- findings of their subrecipients as required by OMB Circular A-133.
•• • • The Contractor must also develop a subrecipient monitoring Plan that addresses
'during the award monitoring m of subrecipients to provide reasonable assurance that
the subrecipient administers Federal awards in compliance with laws; regulations,
• and -the provisions of the contracts, and that performance goals are achieved. The
subrecipient monitoring plan should include a risk-based assessment to determine
the level of. oversight, and monitoring activities such as reviewing financial and
pedolinancejwati • • III' • ; . • • 11.. • . us egular confact
subrecipients.
. The Contractor must establish requirements to ensure compliance for for-profit
subrecepients as required by OMB Circtilar A-133, Section .210(e).
The Contractor must ensure that transactions with vendors comply with laws,
• -
regulations, and provisions of contracts or grant agreements in compliance with OMB
Circular A-133, Section.210(f).
1. • Notification of Modifications
• • Provide timely notification to the• Department, in writing, of any action by the
• Contractor, its governing board or any other funding source that would require or
result in significant modification in the provision of services or funding or compliance
• with operational procedures .
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
• Department's data systems for services provided under this agreement including but
• not limited to: stored data, databases, and interfaces for the production of work
products and reports. All required data under this agreement Shall be provided in an
• -accurate and firmly manner with out interruption, failure or errors due to the
- inaccuracy of the Contractors business operations for processing dateltime data.
K. . Human Subiects •
Prior to the. initiation of the research the Contractor agrees to submit Institutional
Review Board (IRB) application material for all research involving human subjects,
• which is conducted in programs sponsored by the Department or in programs which
• receive funding from or through the State of Michigan, to the Department's 1RD for
• review and approval, or the 1R13- application and approval materials for acceptance of
the review of another IRB. Ail such research must, be approved by a federally
assured IRB, but the Department's IRB can only accept the review and approval of
-another institution's IRB under a formalty-approved interdepartmental agreement.
• . The manner of the review will be agreed upon between the Department's IRB
Chairperson.and the Contractor's 1RB Chairperson or Executive Officer(s).
Page 7 uf 17
It ea .;_o• . I II - S IIII. I I 1 • eik1 I* CIE EIELIMCIE
• •
• The Contractor shall provide the Department with the following:
• 1. Written evidence of the review, and approval by the applicable IRS for the
project and any patient consent form that may be required prior to the initiation
of the study;
• 2.
'Written evidence of the 1RB's continuing review and approval of the study
whenever it is reviewed, but at least once per year; and if applicable
• .3. Written evidence that the Contractor is obtaining appropriate authorizations
that are acceptable to the Department and H1PAA compliant for the use and
disclosure of protected health information.
1. Any deviations from the project which are necessary to protect the safety,
rights or welfare of study participants, and
2. Any serious adverse events that occur to study participants, except for serious
adverse events identiFied in any protocol or other document as not requiring
immediate reporting.
• For multi-center projects, the- Department will notify the Contractor on an expedited
basis of any adverse event from another center or site that is both severe and
-unexpected and would be reported by the Contractor under the preceding paragraph.
In studies where the Department bears responsibility for monitoring the research, the
Department or its agent shall conduct an ongoing safety evaluation of the study drug,
any study material, study device, or study equipment and shall promptly notify, or
cause its agent to notify the Contractor of any findings from that evaluation that could
- adversely affect the safety of study participants, impact the conduct of the trial, or
alter the IRBis approval to continue the study.
Study participants will be promptly informed by the Contractor and/or Department, as
appropriate.following consultation between the parties and based on the nature of the
information, and which party has primary knowledge or control of such information of
any events, deviations, study results, or any other information of which the Contractor
and the Department become aware that could directly affect the safety or medical
care of study participants.
1. Right To Inventions
1. - Where activities supported by this agreement result in the conception of or
actual reduction to practice of a patentable invention, the Contractor is
obligated to disclose such invention to the Department within four months after
the inventor discloses the invention in writing to the Contractor.
2. a. If the Contractor elects to retain title, the Contractor must provide the
State of Michigan a non-exclusive, non-transferable, irrevocable, paid-
up license to practice or have practiced for or on behalf of the State of
Michigan the subject invention throughout the World.
Page 8 of 17
b. The State of Michigan may modify the copyrightable invention and may
combine such with other copyrightable intellectual property to form a
. derivative work. The State of Michigan will own and hold all copyright
and other intellectual property rights in any such derivative work,
excluding any rights or interest in such invention other than those
granted in this Agreement.
0. In the event, that the Contractor shall, for any reason, cease to conduct
business, or cease to support the invention, the State of Michigan shall
have the right to convertthese licenses into transferable licenses to the
extent consistent with any applicable obligations the Contractor has to
the federal government
3. The Contractor shall acknowledge State of Michigan and Department support
in the patent application and notify the Department of any decision not to
pursue patent rights or licensing.
4. The Contactor shall submit an annual utilization report for all patented and
licensed inventions and submit a final invention statement and certification
within 90 days of the end of the agreement period.
5. All documents required to be submitted to the State of Michigan or
Department in items #1 through #4 must be submitted in accordance With the
required deadlines to: Michigan Department of Community Health; Contract
Management Section, 320 S. Walnut, Lansing, Michigan 48913.
II. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this agreement
will:
A.. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation maintained
by the Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the Department at the
effective date of this agreement, and provide to the Contractor any new report forms
and reporting formats proposed for issuance thereafter at least ninety (90) days prior
to their required usage to afford the Contractor an opportunity to review and offer
comment
Assurances
The following assurances are hereby given to the Department:
Page 9 of 17
A. Compliance With Applicable Laws •
• The Contractor will comply withapplicable federal and state laws, guidelines, rules
and regulations in carrying out the terms of this agreement. The Contractor will also
• comply-vvith all applicable general administrative requirements such as OMB Circulars
• covering cost principles, grant/agreement principles, and audits in carrying out the
terms of this agreement
B. Anti-Lobbvino Act •
The Contractor will comply with -the Anti-Lobbying Act, 31 USC 1352 as revised by
the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the
• Departments of Labor, Health and Human -Services and Education, and Related
Agencies Section of the FY 1997 Omnibus Consolidated Appropriations Act (Public
" I nig 1 ild-71119 GESIFT ini MIMI= 110111M_1112 rift inuicu r
assurancebe included in the award docuthents of all subawartls at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
C. Non-Discrimination •
- 1. In the performance of any contract or purchase order resulting herefrom, the
Contractor agrees not to discriminate against any employee or applicant for
employment or service delivery and access, with respect to their hire, tenure,
terms, conditions or privileges of employment, programs and services
provided or any matter directly or indirectly related to employment, because of
race, color, religion: origin, ancestry,, sex, height, weight, marital status,
physical or mental disability unrelated to the individual s ability to perform the
duties of the particular job or position or to receive services. The Contractor
further agrees that every subcontract entered into for the performance of any
• contract or purchase order resulting . herefrom will contain a provision requiring
non-discrimination in employment, service delivery and access, as herein
specified binding upon each subcontractor. This covenant is required
pursuant to the Elliot Larsen Civil Rights Act, 1976 PA 453„ as amended, MCL
37.2201 et seq, and the Persons with Disabilities civil Rights Act, 1976 PA
• 220, as amended, MCL 37.1101 et seq, and any breach thereof may be
regarded as a material breach of the contract or purchase order.
2. Additionally, assurance is given to the Department that proactive efforts will be
made to identify and encourage the participation of minority owned and
women owned businesses, and businesses owned. by persons with disabilities
• in contract solicitations. The Contractor shall incorporate language in all
contracts awarded: (1) prohibiting discrimination against minority owned and
• women owned businesses and businesses owned by persons with disabilities
in subcontracting; and (2) making discrimination a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply with
• federal regulation 45 CFR Part 76 and certifies to the best of its knowledge and belief
that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or Contractor;
Page 10 of 17
•
Have not within a three-year period preceding this Agreement been convicted
of or had a civil judgment rendered against them for commission of fraud or a
Criminal offense in connection with obtaining, attempting to obtain, or
• performing a public (federal, state, or local) transaction or contract under a
• public-transaction; violation of federal orstate antitrust statutes or commission
of embezzlement, theft, forgery, _bribery, falsification or destruction of records,
• making false statements, or receiving stolen proPertr,
3.. . Are not presently indicted or otherwise criminally or civilly charged by a
-government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2; and; •
.4. .. Have not within a three-year period preceding this agreement had one of more
public transactions (federal, state or local) terminated for cause or default.
E. Federal Requirement Prof-Children Act
1.Asturance is hereby giveri -to the Departnent that the Contractor will Comply
• • with Public Law 103-227, also known as the Pro ,Children Act of 1994,20 USC
6081 et seq, which requires that smoking not be permitted in any portion of
any. indoor facility owned or leased or contracted by and used routinely or
regularly for the provision ofhealth, day pare, 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, contact, 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 lair does
not apply to children s services provided in private residences; portions 'of
facilities used for inpatient drug or alcohol treatment; service providers whose
sole source of applicable federal funds is tiled icare 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 andfor the imposition of an
. • administrative compliance order on the responsible entity. The Contractor
also assures that this language will be • included in any subawards which
• contain provisions for children's-services. ••
2; • The Contractor also assures, in addition to compliance with Public Law 103-
227, any service or activity funded in whole or in part through this agreement • will be delivered in a smoke-free facility or environment Smoking shall not be
• .
• • permitted anywhere in the facility, or those parts of the facility under the
control of the Contractor. If activities or services are delivered in facilities or
• •
areas that are not under the control of the Contractor (e.g., a mall, restaurant
. or private work site), the activities or services shall be smoke-free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508,
and thel ntergevemmental Personnel Act of 1970, as amended by Title VI Of the Civil
;Service Refohn Act, Public Law . 95-454, 42 USC 4728. Federal funds cannot be
used for partisan political purposes of any kind by any person or organization
involved in the administration of federally-assisted programs.
Page 11 of 17
. Subcontracts - • "
Assure for any subcontracted service, activity or product: -
- 1: That a written subcontract is executed by all affected parties prior to the
- initiation of any, new subcontract activity. Exceptions to this policy may be
, granted by the Department upon written request within 30 days of execution of
• - the .agreement.
2. .. That - any executed subcontract -of this agreement shall require the
•
subcontractor to comply with all applicable terms and conditions of this
, agreement In the event of a conflict between this agreement- and the
provisions of the subcontract, the provisions of this agreement shall prevail.
A conflict between this agreement and a subcontract :however, shall not be
I I 01 e
Contains additional non-conflicting provisions not set forth in this
agreement;
- (b) Restates provisions of this agreement to afford the Contractor the
same or substantially the same rights and privileges as the
Department, or -•
Requires the subcontractor to perform duties and/or services in less
time than that afforded The Contractor in this agreement
3. • That the subcontract does not affect the Contractor , s accountability to the
. Department for the subcontracted activity.
That any billing or req best for reimbursement for stibccintradt costs is
supported by a valid subcontract and adequate source documentation on
costs and services.
5. _ That the Contractor will submit a copy of the executed subcontract if
• requested by the Department • •
H. Procurement •
• Assure that all purchase transactions related to this agreement, whether negotiated
or advertiSed, shall be conducted openly and competitively in accordance with the
principles and requirements of OMB Circular A-102 as revised, implemented through
'applicable portions of the associated ACommon Rules as promulgated by
• responsible federal Contractor(s), or OMB Circular A-110 .as amended, as applicable
• and that records sufficient to document the significant history of all purchases are
maintained for a minimum of three years after the end of the agreement period.
.1. Health Insurance Portability and Accountability Act -
To the extent that this act is pertinent to the services that the Contractor provides to
the Department under this agreement, the Contractor assures that it is in compliance
with the Health Insurance Portability and Accountability Act (111PAA) requirements
including the following:
• 1. . The Contractor must not share any protected health data and information
. provided by the Department that falls within HiPAA requirements except to a
subcontractor-as-appropriate under this agreement.
Page 12o 17
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Page 13 of 17
The COntractor must require the subcontractor not to share any protected
health data and information from the Department that falls under HIPAA
•'requirements in the terms and conditions of the subcontract
3. The Contractor must only use the protected health data and information for
the purposes of this agreement.
The Contractor must have written policies and procedures addressing the use
of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable federal
and state requirements including the HIPAA regulations. These policies and
- procedures must include restricting access to the protected health data and
• information by the Contractor›s employees. •
L--1:12e-Coutract.ournist-hamapolicy_anctprocedureloseport_to_the_Department_
unauthorized use or disclosure of protected , health data and information that
• falls under the HI PM requirements of which the Contractor becomes aware.
• -6. Failure to comply with any of these contractual requirements may result in the
• termination of this agreement' in accordance with Part II, Section V.
Termination.
7. In accordance with HIPAA requirements, the Contractor is liable fprany claim,
' loss or damage relating to unauthorized use or disclosure of protected health
data and information by the Contractor received from the Department or any
. other source.
• IV. Financial -Requirements
• A. Operating Advance •
An operating advance may be required by the Contractor to assist with program
operations. The request should be addressed to the Contract Manager identified in
• Part 1, Item 8. The operating advance will be administered as follows:
- • 1. The advance amount requested must be reasonable in relationship to the
program s requirements, billing cycle, etc.; and in no case may exceed the
amount required for 60 days operating expense. Operating advances will be
monitored and adjusted by the Department according to total Department
agreement amount.
.2. The advance must be recorded as an account payable to the Department in
the Contractor. s financial records. The operating advance _payable must
remain in the Contractor , s financial records until fully secovered by the
Department.
3. The monthly Financial Status Report (FSR) reimbursement for actual
• expenditures by the Department should be used bythe Contractor to replenish
the operating advance used by program operations.
• 4. •The- advance must be returned to the Department within 30 days of the end
date of this agreement 'unless the Contractor has a recurring agreement with
the Department, and may not beheld pending agreement audit. SubSequent
Department agreements may be withheld pending recovery of the outstanding
ChP 3.1311aCIDLIT EIRVEIBM13111:2
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records.
nitv tor Ine ontractor examine partment s associate CIF
1
advante from a prior agreement tithe Contractor has a recurring agreement
with the Department, the Department requires an annual confirmation of the
outstanding operating advance.
The Department may obtain the Michigan Department of Treasury's
assistance in collecting outstanding operating advances. The Department will
comply with the Michigan Department of Treasury s Due Process procedures
prior to forwarding claims to Treasury. Specific .Due Proceis procedures
include the following:
a.. Department offer of a hearing to dispute the debt, identifying the time,
place and date of such hearing_
A hearing by an impartial official.
d. An opportunity for the Contractor to present evidence in person or in
writing.
e. A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
-f. Contractor representation by an attorney and presentation of witnesses
if necessary. •
At the end of either the agreement period or Department s fiscal year,
whichever is first, the Contractor must respond to the Department's request
for confirmation of the . operating advance. Failure to . respond to the
confirmation request may result in the Department recovering all or part of an
outstanding operating advance.
Reimbursement Method
'The Contractor will be reimbursed in accordance with the staffing grant
reimbursement method as follows unless the Attachment cover pageidentifies
another type of reimbursement:
1. Staffing Grant Reimbursement
Reimbursement for the Contractor will be based on the understanding that
Department funds will be paid up to the total Department allocation as agreed
to in the approved budget. The Department funds are first source after the
application of fees and earmarked sources unless a specific local match
condition exists.
2_ Performance Reimbursement
A reimbursement Method by Which the Contractor is reimbursed based upon
• the understanding that a certain level of performance (measured by outputs)
must be met in order to receive full reimbursement of costs (net program
• income and other earmarked sources) up to contracted amount of State funds.
If Contractor s performance falls short of the expectation by a factor greater•
than the allowed minimum performance percentage, the State maximum
Page 14 of 17
• I
• allocation will be reduced eqUivalent to actual performance in relation to ,
. minimum performance percentages.
• 3. Fixed Unit Rate Reimbursement •
A reimbursement method by which the Contractor is reimbursed a specific
amount of each output actually delivered and reported.
C. Financial Status Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted to
• Michigan Department of Community Health, •
Bureau of Finance
Accounting Division, Expenditure Operations Section,
FSRs must be submitted on a monthly basis, no later than thirty (30) days after the
close of each calendar month. The monthly FSRs must reflect total actual program
• expenditures. regardless of the source of funds. The FSR form and instructions for
completing, the FSR form are available through your Contract Manager or the
Department s web site:
• http://www.michigan.govidocumentsiDCH-0384-
• Financial_Status_Report 82142.pdf and
• http://www.michigan.govidocumentsiDCH-0384-
Finandalfitatus_Report_Instructions_8216_7.pdf.
Failure to meet financial reporting responsibilities as identified in this agreement may . .
resutt in. withholding future payments.
13. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to receive
all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits,
as mandated by PA 533 of 2004. Vendor registration information is available through
the Department of Management and Budget's web site:
• http://www.cpexpress.stats.mi.us/
E. Final Obligations and Financial Status Report Requirements
1. Preliminary Close Out Report
A Preliminary Close Out Report, based on annual guidelines, must be
submitted by the due date using the format provided by the Department's
Accounting Division. The Contractor must provide an estimate of total
• expenditures for the entire agreement period. The information on the report
will be used to record the Departments year-end accounts payables and
receivables for this agreement.
2. Final FSRs
Final FSRs are due sixty (60) days following the end of the fiscal year or
• agreement period. The final rsr4 must be dearly marked "Final". Final FSRs
MDCIVAIS
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Page 15 of 17
A
4
• not received by.the due date may result inthe loss of funding requested on the
Preliminary Close Out Report and may result in the potential reduction in the
subsequent year's agreement amount.
Unobligated Funds
Any unobfigated balance of funds held bythe Contractor at the end of the agreement
period will be returned to. the Department or treated in accordance with instructions
provided by the Department •
V. Agreement Termination
The Department may cancel this agreement without further liability or penalty to the
Department for any of the following reasons:
- 1- - II - II - s - t - III I.- Z-01 I • • Ea 11
notice to the other party stating the reasons for termination and the effective date.
B. This agreement may be terminated on thirty , (30) days prior written notice upon the
failure of either party to cam" out the terms and conditions of this agreement,
provided the alleged defaultingvarty is 96/en notice of the-alleged breach and fails to
cure the default within the thirty. (30) day period.
C. This agreement may be terminated immediately if the Contractor Or an official of the
Contractor or an owner is convicted of any activity referenced in Section Ifi.D, of this
agreement during the term of this agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this agreement or a specific project only within this agreement be terminated by
either party, the Contractor shall provide the .Department within thirty (30) days after
termination, with all financial performance, and other reports required as a condition of the
agreement. The Department will make payments to the Contractor for allowable
• reimbursable posts not covered by previous payments, other state or federal programs. The
• Contractor shall immediately refundlo the Department any payments or funds advanced to
the Contractor in excess of allowable reimbursable expenditures.. Any dispute arising as a
result of this agreement shall be.resolvedin the State of Michigan.
VII, Severability
If any provision of this agreement or any provision of any document attached to or
'incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not
affect other provisions of this agreement.
- VIII Amendments
Any changes to this agreement will be valid only if made in writing and accepted by all
parties to this agreement. Any change proposed by the Contractor which would affect the
Department funding of any project, in . whole or in part in Part I, Section 2.C. of the
agreement, must be submitted in writing to the Department for approval immediately upon
,determining the need for such change.
IX. •
Liability
A. All liability to third parties, loss, or damage.as a result of claims, demands, costs, or
judgments arising out of activities, suchas direct service delivery, to be carried out by
the Contractor in the performance of this agreement shall be the responsibility of the
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Page 16 of 17
EtE3 nElliStrtiletEfraS19
Contractor, atid ndt the responsibility of the Department, if the -liabirity, loss, or
damage is caused by, or arises out of, the actions or failure to act on the part of the
- Contractor, any subcontractor, anyone directly or indirectly - employed by the
Contractor, provided that nothing herein shall be construed as a waiver of any
governmental immunity that has been providedto the Contractor or its employees by
- statute or court decisions. • • •
B. All liability to third parties, loss, Or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as the provision of policy and procedural
direction, to be carried out by the Departinent in the perfcirmance of this agreement
- shall be the responsibility of the Department, and not the responsibility of the
• Contractor, if the liability, loss: or damage is caused by, or arises out of, the action or
- failure to act on the part of any Department employee or agent, provided that nothing
rftwittY-brthe-StateTits-
agencies (the Department) or employees as provided by statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result of activities
• concluded jointly by the Contractor and the Department in fuffillment of their
-responsibilities under this agreement, such liability, loss, or damage shall be borne by
the Contractor and the Department in relation to each party's responsibilities under
• these joint activities, provided that nothing herein shall be construedas a waiver of
any governmental immunity by the Contractor, the State, its agencies (the
Department) or their employees, respectively, as provided by statute or court
decisions.
X. Conflict of interest
The Contractor and the Department are. subject. to the provisions of 1958 PA 317, as
amended, MCL 15.321 et seq. M§A•4.1700(51) et seq, and 1973 PA 196, as amended,
-MCL 151341 et seq, MSA 4.1700(71) et seq.
XL State of Michigan Agreement .
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any. dispute
arising as a result of this agreement shall be.resolved in the State of Michigan.
XII. Confidentiality •
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement, or other
such recorded information required to be held confidential by federal or state law, rule or
regulation, in connection with the provision of services or other activity under this agreement
"shall be privileged communication, shall be held confidential, and shall not be divulged
without the written consent of either the patient or a person responsible for the patient,
except as may be otherwise required byapplicable law or regulation. Such information may
be disclosed in summary, statistical, or other form, which does not directly or indirectly
identify particular individuals.
MIX;RICIAS
Meter ornoemem Page 170f 17
FISCAL NOTE (MISC. #08112) June 12, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2008
FETAL INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above-referenced resolution and finds:
1. The Health Division has been awarded $3,780 by the Michigan
Public Health Institute in return for entering infant
mortality data for Oakland County into a statewide database to
assist with statistical analysis.
2. The funding period is from January 1, 2008 through September
30, 2008.
3. No county match or additional positions are required,
4. A budget amendment is recommended as specified below to
reflect the award:
FY 2008
HEALTH DIVISION (Fund #20221)
Revenue
1060201-133150-e31869 Reimbursement of Salaries
Total Revenue
Expenditures
1060201-133150-702010 Salaries
Total Expenditures
$3,780
$3,780
$3,780
$3,780
0
FINANCE/COMMITTEE
FINANCE COMMTITEE
Motion carried unanimously on a roll call vote.
•
Resolution #08112 June 12, 2008
Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gershenson, Gingen, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowa II, Long, Middleton, Nash, Potter. Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (w th accompanying reports buil iy duLepted).
.11n=.•
• '01 APPROVE THE MON RESOLUTION
//7/w
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolutior adopted by the Oakland County Board of Commissioners on June
12, 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand ana affixed the seal of the County of Oakland at
Pontiac, Michigan this 12th day of June, 2008.
Gide
Ruth Johnson, County Clerk