HomeMy WebLinkAboutResolutions - 2008.10.02 - 9605has awarded the
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Year 2008; and
MISCELLANEOUS RESOLUTION #08209 October 2, 2008
BY: General Government CommIttee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2008/2009
COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health 1?un0
Oakland County Health Division funding in the amount of $9,419.
WHEREAS this amount includes $880,892 in funding formerly
agreement with the Department of Environmental Quality: and
WHEREAS funding for the other public health programs funded
decreased $620,245 (6.77%) from final amended levels in Fiscal
WHEREAS this agreement is for the period of October 1, 2008 through
September 30, 2009; and
WHEREAS the CPC Agreement has been submitted through the County Executive
Review Process and is recommended for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby accepts the 2008/2009 Comprehensive Planning, Budgeting, and Contracting
(CPBC) agreement for funding in the amount of $9 1 419 1 984 for the period of
October 1, 2008 through September 30, 2009.
BE IT FURTHER RESOLVED that the future level of service, including
personnel, be contingent upon the level of funding for this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authcrized to execute
this agreement and any changes and extensions to the agreement, not to exceed
fifteen percent (15%), which is consistent with the agreement as originally
approved.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson to execute this Agreement subject to the following
additional condition: that the County's approval for entering into this Agreement
is specifically conditioned and premised upon the acceptance, approval and
execution of the Agreement containing Addendum A, by the Michigan Department of
Community Health, and that the failure of the Michigan Department of Community
Health to execute the Agreement as specified shall, without any further act of
the Oakland County Board of Commissioners, automatically negate and void the
County's approval and/or acceptance of this agreement as provided for in this
resolution.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
OANN.4\c_
GENERAL GOVERNMENT
Motion carried unanimously on a roll call vote with Gingen absent.
COUNTY OF OAKLAND
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH DIVISION
FY 2008/2009 COMPREHENSIVE PLANNING, BUDGETING, AND
CONTRACTING AGREEMENT (CPBC) ACCEPTANCE
• The Oakland County Health Division (OCHD) is accepting funding through the CPBC
Agreement from the Michigan Department of Community Health (MDCH) in the total amount of
$9,419,984, which includes funding in the amount of $880,892 for Local Public Health
Operations normally received separately from the Department of Environmental Quality.
• Funding for other Public Health programs funded by the CPBC has decreased by $620,245
compared to the final allocations for Fiscal Year 07/08; funding levels are expected to fluctuate
throughout the fiscal year as MDCH and OCHD amend the CPBC.
• The Agreement is for the period October 1, 2008 through September 30, 2009.
• The Agreement provides for categorical grant funding and partial reimbursement for services
provided in accordance with the Public Health Code (P.A. 368 of 1978, as amended). Changes
included in the FY 2008/09 Agreement include:. ,
• Funding in the amount of $100,854 has been awarded to equip and staff the laboratory to
maintain "Level B" status, which will allow the laboratory to examine potential bioterrorism-
related materials.
• Other Bioterrorism-related funding includes $223,528 for the Cities Readiness Initiative, a
program to dispense medications to large populations in very short time frames in the event
of an emergency, and $8,600 to defray the costs of housing the Regional Epidemiologist.
Funding to support preparations for Pandemic Flu has been discontinued.
• Funding in the amount of $109,520 has been allocated for continued support of the Infant
Mortality Coalition program.
• Grant funding for the Nurse Family Partnership has been continued at the previous year's
level of $324,155,
Page 1 of 3
Tom Rockier
From: Piir, Gaia [piirg@oakgov.com ]
Sent: Friday, September 12. 2008 4:39 PM
To: 'Fockler, Tom '; `Linda Pearson'
Subject: Grant Sign Off Health Division - FY 08/09 Comprehensive Planning, Budgeting, and Contracting
(CPBC) Agreement - Grant Acceptance
Attachments: CPBC Grant sign off pkg.pdf
The et_litA i attached.
GRANT REVIEW SIGN OFF — Health Division
GRANT NAME: FY 08/09 Comprehensive Planning, Budgeting, and Contracting (CPBC) Agreement
FUNDING AGENCY: Michigan Department of Community Health
DEPARTMENT CONTACT PERSON: Tom Fockler / 452-2151
STATUS: Grant Acceptance
DATE: September 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 (08/29/2008)
Department of Human Resources:
Approved. — Cathy Shallal (08/30/2008)
Risk Management and Safety:
Approved..— Andrea Plotkowski (09/10 12008)
Corporation Counsel:
have reviewed the above referenced Agreement and approve same for submission to the Board of Commissioners for
approval. — John Ross (08/27/2008)
COMPLIANCE
The grant agreement guideline references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
Federal Health Insurance Portability and Accountability Act of 1996 (111PAA, Title
http:/iwww.cms.hhs.itov/1-1IPAAGenInfo/Downloads/H1PAAlawdelailacir
Single Audit Act of 1984 (with amendments in 1996)
htm://www.whitellouse,v,ov/omb/financialifin
Federal Office of Management and Budget (OMB) Circular No. A-I33. This Circular sets forth standards for obtaining
9/i 2:200S
Page 2 of 3
consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations
expending federal awards.
http://www.whitehouse.eov/ombicircularsia133/a133Jitm I
Michigan — Minimum Program Requirements — Public Health Code (Excerpt) Act 368 of 1978, Sec .2472 Services eligible for
cost sharing; criteria and procedures for additional services; minimum standards for delivery of services.
httn://www.le2islature.mi.gov/(S(nfhreOmea I tsvvi311x.mm045))/mileg.astrx 9mtgsztetObjeciA.objectNmpe--mcl-111-
24728:quervid=15189839
Federal Office of Management and Budget (OMB) Circular No, A-87. This Circular establishes principles and standards for
determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with
State and local governments and federally recognized Indian tribal governments (governmental units).
http://www.whitehouse.goviomb/circularsta087/a87_2004.html#atta
Lobbying Disclosure Act of 1995 (2 USC 1601)
httmilwww.scriate.t!ovireferenceresourcesipdficontacting10465.pdf
Anti-Lobbying - Section 503 (Public Law 104-208)
http://grants.nilLgov/grants/ttuide/notice-fiies/not97-032.html
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.govi
(uci3lxgeltrnri5z55z21.1iwv45)/milmamx?Daee=2etokliect&obiectname -rnel-Act-4s -)-nf-1476&.mrpryir1=1,01R 54n
Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" httpliwww.legislature,rni.gov/
(tio3 I xgeltmri5z55z2uiwv45)/mileaspODa2e=getobiect&obiectnarnc=mcl-Act-220-of-1976ataucryid=14718589
Federal Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement) (2 CFR, Part 180)
http://Www.access.gpo.gov/naraicfrIwatis idx_08/2c fr180_08.h MI I
Federal Environmental Tobacco Smoke "Pro-Children Act of 1994"
ht1p://www.cdc.ttov/tobacco/rescarch_data/vouth/464119.hun
Federal Hatch Act - Political Activity of Certain State and Local Employees
http://www.osc.govilatchact.htrn
Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728-4763)
http://ftwebgate.aucess.gno.govictti-bin4etdoc qi-Abname=browse,_usc&docid=Cite--421.JSC4728
Clean Air Act of 1970
http://www , epa.govioar/caa/caa_history.htm I gcaa70
Executive Order 11738- Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with
respect to Federal contracts, grants, or loans
htm://www. arch i ves.govilfederal-regisrer/codi ficati on lexecutive-order/11738.htnnl
Environmental Protection Agency regulations (40 C.F.R.)
http://www.access.gpo.Rovinarakfriwaisicix 05n40cfrv I 05.htm I
Federal — The Copeland "Anti-Kickback" Act
http://www.doLgovicompl ianceilawskomp-copeland.htm
Federal Davis-Bacon Act
http://www.doLgoviesa/programs/dbra
The Contract Work Hours and Safety Standards Act (CWHSSA)
http://www.dol.govicompliartcellawsicomp-evvlissa.htth
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.
hap://www.whitehouse.goviombicircuiarsia I 02/a102.htm1
Michigan — Conflict of Interest- Contracts or Public Servants with Public Entities — "Act 317 of 1968"
hno://www.iev,islature,rn o v/(tici3 1 xr4eltmri 5 z..5 z2 w v45)/mi I e.9..astv ?DaQ e—zeto b (-;:tnante=r-rs r.1- A 7-of-
9112/2008
19688quervid=14761946
Gala V. Piir
Grants Compliance and Programs Coordinator
Oakland County Fiscal Services bivisior.
Prone (248) 858-1037
Fax (248) 858-9724
piirg@oakgov.cam
9112/2008
Contract #:
Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
'and
County of Oakland
hereinafter referred to as the "Local Governing Entity"
1200 North Telegraph Road, Department 432
Pontiac, Michigan 48341-0432
Federal ID: 38-6004875
hereinafter referred to as the "Contractor
for
The Delivery of Public Health Services under
the Comprehensive Planning, Budoetina and Contract (CPBC) Arm -Apr:vent
Part I
1. Purpose:
This agreement is entered into for the purpose of setting forth a joint and
cooperative Contractor/Department relationship and basis for facilitating the
delivery of public health services to the citizens of Michigan under their
jurisdiction, as described in the attached Annual Budget, established
Minimum Program Requirements, and all other applicable Federal, State and
Local laws and regulations pertaining to the Contractor and the Department.
Public health services to be delivered under this agreement include Local
Public Health Operations (LPHO) and Categorical Programs as specified in
the attachments to this agreement.
2 Period of Agreement: This Agreement shall commence on October 1,
2008 and continue through September 30. 2009. This agreement is full force
and effect for the period specified. The Department has the option to
assume no responsibility for costs incurred by the Contractor prior to the
signing of this agreement.
rviDu-ii:-..ms FY osio9
0710e Pwaa 1 DI
3. Fro ramBud et and Amount
A. Agreement Amount
In accordance with Attachment IV - Funding/Reimbursement Matrix,
the total State budget and amount committed for this period for the
program elements covered by this agreement is $9,419,984.
B. Equipment Purchases and Title:
Any equipment purchases supported in whole or in part by the
Department with categorical funding must be specified in an
attachment to the Program Budget Summary. Equipment means
tangible, non-expendable, personal property having useful life of more
than one (1) year and an acquisition cost of $5,000 or more per unit.
• Title to equipment 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 S5,000 or more, to the
extent that the Department' s proportionate interest in such
equipment supports such retention or transfer of title.
C. Budget Transfers and Adfustments:
1. Transfers between categories within any program element
budget supported in whole or in part by state/federal
categorical sources of funding shall be limited to increases in
an expenditure budget category by $10,000 or fifteen percent
(15%) whichever is greater. This transfer authority does not
authorize establishment of new budget categories, purchase of
additional equipment items or new subcontracts with
state/federal categorical funds without prior written approval of
the Department.
2. Any transfers, or adjustments involving State/Federal
categorical funds, other than those covered by C.1, including
any related adjusbilei te the-total state amount of the budget,
must be made in writing through a formal amendment
executed by all parties-to-tits-agmurrient in accordance with
Section VIII. A: of Part II.
3. The C.1 and C.2 provisions authorizing transfers or changes in
local funds apply also to the Family Planning program,
provided statewide local maintenance of effort is not
diminished in total.
Any statewide diminishing of total local effort for family
planning and/or any related funding penalty experienced by the • Department shall be recovered proportionately from each local
Contractor that, during the course of the agreement period,
chose to reduce or transfer iocal funds from the Family
Planning program.
roacticros FY 08,0i:
07108 Paco 2 V:
Agreement Attachments;
A. The following documents are attachments to this Agreement Part I
and Part I! - General Provisions, which are part of this agreement
through reference:
1. Attachment I Annual Budget
2. Attachment III - Program Specific Assurances and
Requirements
3. Attachment IV - Funding/Reimbursement Matrix
B. The attachments are added into this Agreement as follows:
1. Original Agreement (Part I and Part 0) -Attachment III, IV
2. First Amendment - Attachment I and IV (Revised)
5. Statement of Work: The Contractoragrees to undertake. perform and
complete the services described in Attachment III - Program Specific
Assurances and Requirements and the other applicable attachments to this
agreement which are part of this agreement through reference.
6. Method of Payments and Financial Reports: The payment procedures
shall be followed as described in Part ll and Attachment I - Annual Budget
and Attachment IV - Funding/Reimbursement Matrix, which are part of this
agreement through reference.
7. Performance/Progress Report Reguirements: The progress reporting
methods, as applicable, shah i be followed as described in IV -
Funding/Reimbursement Matrix, which are part of this agreement through
reference.
8. General Provisions: The Contractor agrees to comply with the General
Provisions outlined in Part II, which are part of this agreement through
reference.
9. Administration of Agreement:
The person acting for the Department in administering this Agreement
(hereinafter referred to as the Contract Consultant) is:
Richard McCubbin. OP BC Consultant, 517-241-2493. McCubbinR@michigan,gov
(Contract Consultant Name), Title Phone E-mail Address
UMH/CMF.n FY08109
07/0B Pam 2a 24
.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. The Department and Contractor, under the terms of this agreement
shall, subject to availability of funding and other applicable conditions,
provide resources and continuous services throughout the period of
this agreement as shown in. Attachment I - Annual Budget.
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 COUNTY OF OAKLAND
Name and Title
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Susan Kangas, Deputy Director Date
Operations Administration
MDCH/CMS FY cleico
07105 P.Roe 4 ;:q
Version: CPEIC
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 08109 AGREEMENT ADDENDUM A
1. This addendum adds the following section to Part 1 and renumbers existing 11
Special Certification to 12 and existing 12 Signature Section to 13; and adds the
following changes to CPBC Agreement for 10/01/07 through 9/30/08.
Part I
11 Agreement Exceptions and Limitations
Notwithstanding any other term or condition in this Agreement including, but
not limited to, any provisions related to any services as described in the
Annual Action Plan. any Contractor (Oakland County) services provided
pursuant to this Agreement, or arty limitations upon any Department funding
obligations herein, the Parties specifically intend and agree that the
Contractor may discontinue, without any penalty or liability whatsoever, arty
Contractor services or performance obligations under this Agreement when
and if it becomes apparent that State or Department funds for any such
services will be no longer available. Notwithstanding any other term or
condition in this Agreement, the Parties specifically understand and agree
that no provision in this Agreement shall operate as a waiver, bar or limitation
of any kind, on any legal claim or right the Contractor may have at any time
under any Michigan constitutional provision or other legal basis (e.g., any
Headlee Amendment limitations) to challenge any State or Department
program funding obligations; and, the parties further agree that no term or
condition in this Agreement is intended and no such provision shall be
argued to state or imply that the Contractor voluntarily assumed or undertook
to provide any services as described in the Annual Action Plan, and thereby,
waived any rights the Contractormay have had under any legal theory, in law
or equity, without regard to whether or not the Contractor continued to
perform any services herein after any State or Department funding ends.
Version: CPBC
This addendum modifies the following sections of Part II. General Provisions:
Part II
I. Responsibilities.Contractor
J. Software Compliance. This section will be deleted in its entirety and
replaced with the following language.
The Michigan Department of Community Health and the County of
Oakland will work together to identify and overcome potential data
incompatibility problems.
III. Assurances
A. Compliance with Applicable Laws. This first sentence of this
paragraph will be stricken in ts entirety and replaced with the
following language:
The Contractor will comply with applicable Federal and State laws,
and lawfully enacted administrative rules or regulations, in carrying
out the terms of this agreement.
J. Health Insurance Portability and Accountability Act. The
provisions in this section shall be deleted in their entirety and replaced
with the following language:
Contractor agrees that it will comply with the Health Insurance
Portability and Accountability Act of 1996, and the lawfully enacted
and applicable Regulations promulgated thereunder.
IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the
following language:
A. Except as otherwise provided for in this Contract, all liability, loss, or
damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out pursuant to the obligations of the
Contractor under this Contract shall be the responsibility of the
Contractor and not the responsibility of the Department, if the liability,
loss, or damage is caused by, or arises out of the actions or failure to
act on the part of the Contractor. its employees, officers or agents.
Nothing therein shall be construed as a waiver of any governmental
immunity for the Contractor, its agencies, employees, or Oakland
Version: C PBC
County, as provided by statute or modified by court decisions.
3. 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.
4. Signature Section:
For the COUNTY OF OAKLAND
Name and Title
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon, Deputy Director Date
Operations Administraton
Part II
General Provisions
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 copyrightabie materials issued by the Contractor, the
Contractor may copyright such but shall acknowledge that the
Department reserves a royalty-free. non-exclusive and irrevocable
license to reproduce, publish and use such materials and to authorize
others to reproduce and use such materials. This cannot include
service recipient information or personal identification data.
2. Any copyrighted materials or modifications bearing acknowledgment
of the Department' s name must be approved by the Department prior
to reproduction and use of such materials.
3. The Contractor shall give rec-egrriarreto--the Department in any and A
publication papers and presentations arising from the program and
service contract herein; the Department will do likewise.
B. Fees
Make reasonable efforts to collect 1'1 and 3 rd party fees, where applicable,
arid 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.
ID. Reporting
Utilize all report forms and re-prortrrp:rfarrrrate 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.
MDC,11/C VI3 FY 08.V.-:
07/06 Pagii 5 o' 24
Assure that all terms uf the dyi eel net it wid 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 urtii litigation or audit findings have been resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or any
of their duly authorized representatives, to records, files and documentation
related to this agreement, to the extent authorized by applicable state or
federal law, rule or regulation.
G. Audits
1.•• Single Audit
Provide, consistent with the regulations set forth in the Single Audit
Act Amendments of 1996, Pl. 104-156. and Section .320 of the
Office of Mar lagement and Budget (OMB) Circular A-133, "Audits of
States, Local Governments, and Non-Profit Organizations," a copy of
the Contractor's annual Single Audit reporting package, including the
Corrective Action Plan, and management letter (if one is issued) with
a response to the Department.
The Contractor must assure that tne Schedule of Expenditures of
Federal Awards includes expenditures for all federally-funded grants.
2. Other Audits
The Department or federal agencies, may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
3. Due Date
The Single Audit reporting package, management letter (if one is
issued) with a response and Corrective Action Plan shall be submitted
to the Department within nine months after the end of the Contractor's
fiscal year. The Single Audit reporting package, management letter,
and Corrective Action Plan shall be filed with the Department even if
• there are no findings or disclosures reported in the audit pertaining to
Department programs.
4. Penalty
If the Contractor does not submit the required Single Audit reporting
package, management letter (if one is issued) with a response, and
Corrective Acton Plan within nine months after the end of the
Contractor's fiscal year and an extension has net been approved by
the cognizant or oversight agency for audit, the Department may
withfreld ft UFII tile 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
MDCH1CMS FY ir.1D9
07/08 PirRe 5 cf
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.
5. Where to Send
A copy of the Single Audit reporting package, management letter (if
one is issued) with a response, and Corrective Action Plan must be
forwarded to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O Box 30479*
Lansing, Michigan 48909-7979
*For Express Delivery
Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper filing may be viewed at
vvww.michiqan.qov/mdch by selecting inside Community Health -
MDCH Audit.
H. SubrecipientiVendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular
A-133.
The Contractor must also develop a subrecipient monitoring plan that
addresses "during the award monitoring" of subrecipients to provide
reasonable assurance that the subrecipient administers Federal awards in
compliance with laws, regulations, and the provisions of 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 fnancial and performance reports,
performing site visits, and maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance by for-
profit subrecipients as required by am Circular A-133, .Section .210(e).
The Contractor must ensure that transactions with vendors comply with
laws, regulations and provisions of contracts or grant agreements in
compliance with OMB Circular A-133. Section .210 (f).
MDCHiC;Ms Fy oa,,o9
07108 Dago 7 e 2=
Notification of Modifications
Provide timely ilutilidatioe iu the Department, in writing, of any action by the
Contractor. its governing board or any other funding source which would
require or result in significant modification in the provision of services,
funding or compliance with operational procedures.
J. Software Compliance
The Contractor must ensure that software compliance and compatibility with
the Department's data systems for services provided under this agreement
including but not limited to: stored data, databases, and interfaces for the
production of work products and reports. All required data under this
agreement shall be provided in an accurate and timely manner without
interruption, failure or errors due to the inaccuracy of the Contractor's
business operations for processing date/time data.
K. Human Subjects
The Contractor agrees that prior to the initiation of the research, the
Contractor will 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 IRB for review and
approval, or the IRB applicetiun dlid approval materials for acceptance of the
review of another IRB All such research must be approved by a federally
assured IRB, but the Department's IRB can only accept the review and
approval of another institution's IRB under a formally-approved
interdepartmental agreement. The manner of the review will be agreed upon
between the Department's IRB Chairperson and the Contractor's IRB
Chairperson or Executive Officer(s).
L. Terms
To abide by the terms of this agreement including all attachments.
M. Minimum Program Requirements
To comply with Minimum Program Requirements promulgated in accordance
with Section 2472.3 of 1978 PA 368 as amended, MCL 333.2472.3, MSA
14.15 (2472.3), for each applicable program element funded under this
agreement.
N. Annual Budget and Plan Submission
To submit an Annual Budget and Plan request to the Department, in
accordance with instructions established by the Department, to serve as the
basis for completion of specific details for Attachments I and IV of this
agreement via Contractor/D- s. -• - • • ). Failure to
submit a complete Annual Budget and Plan by the due date wili result in the
deferral of Department payments until these documents are submitted.
MDCHICMS FY 08100
0710S Pape. a of 24
0. Maintenance of Effort
AU agencies shall comply with maintenance of effort requirements for LPHO,
as defined in the current Department approoriation act, and Family Planning
. in accordance with federal requirements, except as noted in Section 3.C.3 of
Part I.
P. Accreditation
1. All Contractors shall comply with the local public health accreditation
standards and follow the accreditation process and schedule
established by the Department to achieve full accreditation status.
Contractors that fail to meet all accreditation requirements and/or
implement UUI Teetive plans of action within the prescribed time period
will receive the status of "Not Accredited." Contractors designated as
"Not Accredited" may have their Department allocations reduced for
costs incurred in the assurance of service delivery.
Contractors that disagree with on-site review findings or their
accreditation status may request an inquiry through written request to
the Department. The request must identify the disagreement and
resolution sought. The inquiry participants will be comprised of
Contractor staff, Department staff, the Accreditation Commission
Chair, and the Accreditation Coordinator as needed. Participants will
clarify facts, verify information and seek resolution.
2. Consent Agreements/Administrative Compliance
Orders/Administrative Hearings for 'Not Accredited" Contractors:
a. Contractors designated as "Not Accredited", will receive a
Consent Agreement Package from the Department.
Contractors and their local governing entities shall be given 75
days to review the package, meet with the Department, and
sign/return the Consent Agreement.
Fulfillment of the terms and conditions of the Consent
Agreement will not affect dULA status, but impacts the
Contractors' ability to fulfill its contractual obligations under the
Comprehensive Planning, Budgeting and Contracting
Agreement. Contractors designated as ''Not Accredited', will
retain tt lib designatioll until the subsequent accreditation cycle.
c. Contractor failure to fulfill the terms and conditions of the
Consent Agreement within the prescribed time period will result
in the issuance of an Administrative Compliance Order by the
Department.
d. Within 60 working days after receipt of an Administrative
Compliance Order and proposed compliance period, a local
governing entity may petition the Department for an
administrative hearing. if the local governing entity does not
petition the Department fo:- a hearing within 60 days after
receipt of an Administrative Compliance Order, the order and
MOCI-i/CM5 FY OMI9
07IK 9 24
proposeo compliance cate shall be 'final. After a hearing, the
Department may reaffirm, modify, or revoke the order or
modify the time permitted for compliance.
e. If the local governing entity fails to correct a deficiency for
which a final order has been issued within the period permitted
for compliance, the Department may petitto-rethe-appropriate
circuit court for a writ of mandamus to compel correction.
Q. Medicaid Outreach Activities Reimbursement
The Contractor agrees to report allowable costs and request reimbursement
for the Medicaid Outreach activities it provides in accordance with 2 CFR,
Part 225 (OMB Circular A-87) and the Teg 'dire me nts in Medicaid Bulletin
number: MSA 05-29.
The Contractor agrees to submit a Cost Allocation Plan Certification to the
Department to bill for the Medicaid Outreach Activities. The Cost Allocation
Plan Certification is valid until a change is made to Ole oust allocation plan or
the Department determines it is invalid.
The Contractor will submit quarterly FSRs for the Medicaid Outreach
activities and an annual FSR for the Children with Special Health Care
Services Medicaid Outreach activities in accordance with the instructions
contained in Attachment I.
In accordance with the Medicaid Bulletin, MSA 05-29, the Contractor agrees
to target their Medicaid outreach effort toward Department established
priorities. For FY 08109, the Depar trner it pi ienties are. lead testing, outreach
and enrollment for the Family Planning waiver, and outreach for pregnant
women, mothers and infants for the Maternal and Infant Health Program.
The Contractor will submit a report using the MDCH Local Health
Department Medicaid Outreach form describing their outreach activities
targeting the priorities 30 days after the end of a fiscal year quarter to the
Division of Family and Community Health, Michigan Department of
Community Health, P.O. Box 30195, Lansing, MI 48909.
IL Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Payment
Provide payment 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 repoi t forms arid r'pui1rig furmats required by the Department
at the effective date of this agreement, and to provide the Contractor with
any new repea foe arid rourtilly rut tildtS proposed for issuance thereafter
at least ninety (90) days prior to redu:red esage to afford the Contractor an
opportunity for review ard commentary.
MDCHICIA3 FY 01110::,
07/08 ?age tC -14
C. Terms
Abide by the terms of this agreement including all attachments.
D. Notification of Modifications
To notify the Contractor in writing of mudteatiot is-to Federal cm- State laws,
rules and regulations affecting this agreement:
E. Identification of Laws
To identify for the Contractor relevant laws, rules, regulations, policies,
procedures, guidelines and State and Federal manuals, and provide the
Contractor with copies of these documents to the extent they are not
otherwise available to the Contractor.
F. Modification of Funding •
To notify the Contractor in writing within thirty (30) calendar days of
becoming aware of the need for any modifications in agreement funding
commitments made necessary by action of the Federal Government, the
Governor, the Legislature or the Department of Management and Budget on
behalf of the Governor or the Legislature. Implementation of the
modifications will be determined jointly by the Contractor and the
Department.
G. Monitor Compliance
To monitor compliance with all applicable provisions contained in federal
grant awards and their attendant rules, regulations and requirements
pertaining to program elements covered by this agreement.
H. Reimbursement
To reimburse local agencies for costs based upon timely, accurately
completed Financial Status Reports in accordance with Section IV.
Technical Assistance
To make technical assistance available to the Contractor for the
implementation of this agreement.
J. Health Insurance Portability and Accountability Act
The Department assures that it will be in compliance with the Health
Insurance Portability and Accountability Act.
K. Accreditation
The Department agrees to ad here-to-treacrrErdtatturrrequirements including
the process for 'Not Accredited" Contractors. The process includes
developing and monitoring consent agreements, issuing and monitoring
administrative compliance orders, participating in administrative hearings and
petitioning appropriate circuit courts.
S410cHiciV.S FY OS/C.S
Q7/08 Pcgo ol 2.1
L. Medicaid Outreach Activities Reimbursement
The Department agrees to reimburse tne Contractor for all allowable
Medicaid Outreach activities that meet the standards of the Medicaid
MSA 05-29 including the cost allocation plan certification and that
are billed in accordance with the requirements in Attachment I.
In accordance with the Medicaid Bulletin, MSA 05-29, the Department will
identify each fiscal year the Medicaid Outreach priorities and establish a
reporting requirement for the Contractor.
Ill. Assurances
The following assurances are hereby given to the Department
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws, guidelines,
rules and regulations in carrying out the terms of this agreement. The
Contractor will also comply with all applicable general administrative
requirements such as OMB Circulars covering cost principles,
grant/agreement principles, and audits in carrying out the terms of this
agreement.
B. Anti-Lobbying Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as
revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq. and
Section 503 of the Departments of Labor, Health and Human Services and
Education, and Related Agencies Appropriations Act (Public Law104-208).
Further, the Contractor shall require that the language of this assurance be
included in the award documents of all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
C. Non -Discrimination
1. The Contractor agrees not to discriminate against any employee or
applicant for employment or service aelivery 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, national
origin, ancestry, age, 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
pei rui I riri Z.;t: of any contract or purchase order resulting herefrorn will
contain a provision requiring non-discrimination in employment,
service deiivery 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 ',.Arth Disabilities Civii Rights Act, 1976 PA '220, as
ME.OWCMS FY 081a
07/08 Parn 12 cd, 2d
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 t ifurts will be
made to identify and encourage the participation of minority owned
and women owned businesses, and businesses owned by persons
with disabilities in contract solicitations. The Contractor shall • incorporate language in all contracts awarded: (1) prohibiting
discrimination against minority owned and women owned businesses
and businesses owned by persons with disabilities in subcontracting;
and (2) making discrimination a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply
with Federal Regulation 2 CFR part 180 and certifies to the best of its
knowledge and belief that the Contractor' s local health department or an
official of the Contractor' s local health department and the Contractor' s
subcontractors:
1, Are not presently debarred, suspended. proposed for debarment,
declared ineligible, or voluntarily excluded from coveied tier isa-ctiune
by any federal department or Contractor;
2. Have not within a three-year period preceding this agreement been
.convicted of or had a civil judgment rendered against them for
commission of fraud or a crim rial offense in connection with
• • obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction; violation of
federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by
a government entity (federal, state or local) with commission of any of
the offenses enumerated in section 2, and;
4. Have not within a three-year period preceding this agreernel it had one
or more public transactions (federal, state or local) terminated for
cause or default.
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the Contractor will
comply with Public Law 103-227, also known as the Pro-Children Act
of 1994, 20 USC 6081 et seq, which requires that smoking not be
permitted in any portion of any indoor facility owned or leased or
contracted by and used routinely or regularly for the provision of
health, day care, early childhood development services, education or
library services to children under the age of 18, if the services are
funded by feueral 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
MDCI-1/CMS y DO9
0710B 1.3 :I! 24
facilities that are constructed, operated, or maintained with such
federal funds. The law does not apply to children' s services provided
in private residences; portions of facilities used for inpatient drug or
alcohol treatment; service providers whose sole source of applicable
federal funds is Medicare or Medicaid; or facilities where Women,
Infants, and Children (WIC) coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a
civil monetary penalty of up to $1,000 for each violation and/or the
imposition of an administrative compliance order on the responsible
•
entity. The Contractor also assures that this language will be included
in any subawards which contain provisions for children' s services.
2. The Contractor also assures, in addition to compliance with Public
Law 103-227. any service or activity funded in whole or in part through
this agreement will be delivered in a smoke-free facility or
environment. Smoking shall not be permitted anywhere in the facility,
or those parts of the facility under the control of the Contractor. If
activities or services are delivered in facilities or areas that are not
.under the control of the Contractor (e.g., a mall, restaurant or private
work site). the activities or services shall be smoke-free.
F. Viatcl) pglitical Activity Act and Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act 5,USC 1501-
1508 and the Intergovernmental Personnel Act of 1970, as amended by Title
VI of the. Civil Service Reform Act, Public Law 95-454, Section 42 USC 4728,
Federal funds cannot be used for partisan political purposes of any kind by
any person or organization involved in the administration of federally-assisted
programs.
G. Home Health Services
If the Contractor provides Home Health Services (as defined in Medicare
Part B), the following requirements apply'
1. The Contractor shall not use State LPHO or categorical grant funds
provided under this cigreerniil lu unfairly compete for home health
services available from private providers of tl -reesarrreetype-of-services
in the Contractor' s service area.
2. For purposes of this agreement, the terrr "unfair competition" shall be
defined as offering of home health services at fees substantially less
than those generally charged by private providers of the same type of
services in the Contractor' s area, except as allowed under Medicare
customary charge regulations involving sliding fee scale discounts for
low-income clients based upon their ability to pay.
3. If the Department finds that the Contractor is not in compliance with
its assurance not to use state LPHO and categorical grant funds to
unfairly compete. the Department shall follow the procedure required
for failure by local health depa,Liileets to adequately provide required
MDCH,CNIS r Min
07/08 Page '1.:A
services set forth in Sections 2497 and 2498 of 1978 PA 368 as
amended (Public Health Code). MCI_ 333.2497 and 2498, MSA 14.15
(2497) and (2498).
H. 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.
2. That any executed subcontract snail require the subcontractor to
comply with all applicable terms and conditions of this agreement. In
the event of a conflict between tl lie agi eument anti the provisions of
the subcontract, the provisions of this agreement shall prevail. A
conflict between this ayreement and a subcontract, however, shall not
be deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in
this agreement; or
b. Restates provisions of this agreement to afford the Contractor
the same or substantially the same rights and privileges as the
Department; or
c. Requires the subcontractorzo perform duties and/or services in
less time than that afforded the Contractor in this agreement,
3. That the subcontract does not affect the Contractor' s accountability
to the Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and nrierp it gni irce documentation
on costs and services,
5. That the Contractor will submit a copy of the executed subcontract if
requested by the Department.
6. That subcontracts in suppeit of pruyiallis or elements utilizing funds
provided by the Department, the State of Michigan or the federal
government in excess of $10.000 shall contain provisions or
conditions that will:
Aliow the Contractor or Department to seek administrative,
contractual or legal remedies in instances in which the
Contractor violates or breaches cut &act terms, and provide for
such remedial action as may be appropriate.
b. Provide for termination by the Contractor, including the manner
by which termination will be effected and the basis for
settlement.
7. That all subcontracts in support of programs or elements utilizing
funds provided by the Department. the State of Michigan or the
federal govern ci lee it of eilioun:s in excess of $100,000 shall contain a
MDCHICMS FY O81D9
07/06 Pape 15 uf 24
provision that requires compliance with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act of 1970 (42
USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1358),
Executive Order 11738 and Environmental Protection Agency
regulations (40 CFR Part 15).
8. That all subcontracts and subgrants in support of programs or
elements utilizing funds •provided by the Department, the State of
Michigan or the federal government in excess of $2,000 for
construction or repair, awarded by the Contractor shall include a
provision:
a. For compliance with the Copeland "Anti-Kickback" Act (18
USC 874) as supplemented in Department of Labor
regulations (29 CFR, Part 3).
b. For compliance with the Davis-Bacon Act (40 USC 276a to a-
7) and as supplemented by Department of Labor regulations
(29 CFR, Part 5) (if required by Federal Program Legislation).
c. For compliance with Section 103 and 107 of the Contract Work
Hours and Safety Standards Act (40 USC 327-330) as
supplemented by Department of Labor regulations (29 CFR.
Part 5). This provision also applies to all other contracts in
excess of $2,500 that involve the employment of mechanics al
laborers.
Procurement
Assure that all pu I'd lase he, teautiuns, whether negotiated or advertised, shall
be conducted openly and competitively in accordance with the principles and
requirements of OMB Circular A-102 as revised, implemented through •
applicable portions of the associated "Common Rule as promulgated by
responsibte-fecieral Contractor(s), or 2 CFR, Part 215 (OMB Circular A-110)
as amended, as applicable and that records sufficient to document the
significant history of all purchases are maintained for a minimum of three
years after the end of tl i gruemel it period.
J. 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 (HI PAA) 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.
MDCri/CMS FrY OBico
07/08 Facie 15of 24
2. The Contractcr must require the subcontractor not to share any
data and information from the Department that falls
under HIPAA requirements in the terms and conditions of the
subcontrace
3. The Contractor must only use the protected health data and
information for the purposes of this agreement.
4. The Contractor must have written policies and procedures addressing
the use cf protected health data and information that falls under the
HIPAA requirements. The policies and procedures must meet all
applicable federal and state requirements including the HIPAA
regulations. These policies and procedures must include restricting
access to the protected health data and information by the
Contractor's employees.
5. The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure of protected health data
and information that falls under the HIPAA requirements of 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 for
any claim, loss or damage relating to unauthorized use or disclosure
of protected health data and nformation received by the Contractor
from the Department or any other source.
1V. Payment and Reporting Procedures
A, Operating Advance
Under the pre-payment reimbursement method, no additional operating
advances will be issued.
B. Comprehensive Planning and Budgeting Contract (CPBC) Prepayments
The Department will make monthly prepayments equal to 1/12th of the
agreement amount for each non-fee-for-service program contained in
Attachment IV of this agreement. One single payment covering all non-fee-
for-service programs will be made within the first week of each month. The
Department will send to the Contractor a worksheet itemizing the individual
program amounts ircluded in the monthly prepayment within five working
days of processing the monthly prepayment.
Prepayments for the months of October thru January will be based upon the
initial agreement amounts in Attachment IV. Subsequent monthly
prepayments may be adjusted based upon agreement amendments and/or
Contractor adjustment requests per Department approval
DrUier,TE
mnc hifCM5 FY 081:19
07/08 Page )7 cr
C. Prepayment Adjustments
If the sum of. the prepayments do not equal at least 90% of the Contractor' s
expenditures for a quarter of t • *9 the Contractor may submit
documentation for an adjustment to the monthly prepayment amount via the
following process:
1. Submit a written request for the adjustment to the Department' s
Accounting Division, Expenditure Operations Section.
2. The adjustment request must be itemized by program and must list
the amount received from the Department, the expenditure amount
reported per the quarterly Financial Status Report (FSR), and the
difference. The amount receivea from the Department and the
expenditures must be for the same reporting quarterly FSR period.
3. The Department will review the requests and if an adjustment is
approved, it will be included in the next scheduled monthly
prepayment.
4. Adjustment requests will not be accepted prior to submission of the
FSR for the quarter ending December 31. No adjustments will be
made prior to the February monthly prepayment.
5. The ability of the Department to approve adjustments may be limited
by the quarterly allotments of spending authority in the Department's
appropriation account mandated by the Office of the State Budget
Director. The quarterly allotment limits the amount of each account
(program) that the Department may expend during each fiscal quartet.
D. Financial Status Report Submission
A Financial Status Report (FSR) DCH-0412 must be submitted for all
programs listed on Attachment IV. All FSR's must be prepared in
accordance with the Department's FSR nstructions and submitted not later
than thirty (30) days after the close of the fiscal quarters. The reports are
due 1/30/XX. 41301XX, and 7/30/XX. All FSR's must be submitted to:
Michigan Department of Community Health.
Bureau of Finance, Accounting Division
P.O. Box 30720,
Lansing, Michigan 48909-8220
A copy of each quarterly FSR and final FSR must also be submitted
electronically to PublicHealthFSRmicniean.qov.
FSR's must report total actual program expenditures regardless of the
source of funds, The Department will reimburse the Contractor for
expenditures in accordance with the term • • .oreement.
Failure to comply with the reporting due dates will result in the deferral of the
Contractor's monthly prepayment.
MDCHiCMS FY MX-,
07/08 Paoe 1544 24
E. -Reimbursement Method
The Contractor will be reimbursed in accordance with the reimbursement
methods for applicable program elements described as follows:
1. Performance Reimbursement - A reimbursement method by which
local health departments are 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 of program income and other earmarked sources) up to the
contracted amount of State funds. Any local funds used to support
program eliririL uperaled under such provisions of this agreement
may be transferred by the Contractor within, among, to or from the
affected elements without Department approval, subject to applicable
provisions of Sections 3.B. and 3.C,3 of Part l and Section.XIV-of Part
I I. If local health department performance falls short of the expectation
by a factor greater than the allowed minimum performance -
percentage. the State maximum allocation will be reduced equivalent
to actual performance in ielatiuli iv lhe minimum performance,
2. Staffing Grant Reimbursement - A reimbursement method by which
local health departments are reimbursed based upon the
understanding that State dollars will be paid up to total costs in
relation to the State's share of the total costs and up to the total State
allocation as agreed to in the approved budget. This reimbursement
approach is not directly dependent upon whether a specified level of
performance is met by the local health department. Department
funding under this reimbursement method is allocable as a source
before any local funding requirement unless a specific local match
condition exists.
3. Fixed Unit Rate Reimbursement - A reimbur sernent nretl iud by which
local health departments are reimbursed a specific amount for each
output actually delivered and reported.
4. LPHO - A reimbursement method by which local health departments
are reimbursed a share of resoriaLIt uiiJ allowable costs incurred for
required services, as noted in the current Appropriations Act.
F. Reimbursement Mechanism
All Contractors must sign up through the on-line vendor registration process
to receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits. Vendor registration information is available through
the Department of MarIdyiIlI1L dfld Budgets web site:
http ://www. cp exp res s. state. m i. us/
G. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned tc the Department or treated in
accordance with instructions provided by the Department.
MDC WOW FY 08.10ri
C7I0 ,3 l'age 10
H. Fiscal Year-End Reporting •
A Preliminary Close Out Report is based on annual guidelines and due date
using the format provided by the Department The Contractor must provide,
by program, an estimate of total expenditures for the entiie ayieenielit period
(October 1 through September 30). This report must represent the
Contractor' s best estimate of total program expenditures for the agreement
• period. The information on the report will be used to record the
Department' s year-end accounts payables and receivables by program for
this Agreement. The report assists the Department in reserving sufficient
funding to reimburse the final expenditures that will be iepurted on the Final
FSR without materially overstating or uncerstating the year-end obligations
for this agreement. The Department compares the total estimated
expenditures from this report to the total amount reimbursed to the
Contractor in the monthly prepayments and quarterly fee-for-service
payments to establish accounts payable and accounts receivable entries at
fiscal year-end. The Department recognizes that 'based upon payment
adjustrrrerts-ar greement amendments, the Contractor may owe
the Department funding for overpa . - • & is • .y be due funds
from the Department for underpayment of a program at fiscal year-end.
Within 90 days after the agreement fiscal year-end, the Contractor must
liquidate any unpaid year-end commitments and obligations. Any obligation
remaining unliquidated after 90 days from the end of the agreement period
shall revert to the Department for disposition in accordance with applicable
state and/or federal requirements, except as specifically authorized in writing
by the Department.
Final Total Contractor FSR
"DA fjn •(total Contractor FSR is due December 15, after the agreement
period end date. WIC financial data reporting and final FSR must be
received by November 30. Upon receipt of the final FSR, the Department
will determine by program, if funds are owed to the Contractor or if the
Contractor owes funds to the Department. If funds are owed to the
Contractor, payment wiil be processed. However, if the Contractor
underestimated their year-end obligations in the preliminary close out report
as compared- to-the final FSR and the total reimbursement requested does
not exceed the agreement amount that is due to the Contractor, 'the
Department will make every effort to process full reimbursement to the
Contractor per the Final FSR. Final payment may be delayed pending final
disposition of the Department' s year-end obligations.
If funds are owed to the Department, it will generally not be necessary for
Contractor to send in a payment. instead the Department will make the
necessary entries to offset other payments and as a result the Contractor
will receive a net. monthly prepayment. When this does occur, clarifying
documentation will be provided to the Contractor by the Department' s
Accounting Division.
1V1DCH/CMS FY 08/09
07/D8 P ag*
J. Penalties for Reporting Noncompliance -
For failure to submit the final total Contractor FSR report by December 31,
after the agreement pel iod end date. the Contractor may be penalized with a
one-time reduction in their current LP HO allocation for noncompliance with
the fiscal yi-iU fepoi Ling deadlines. Any penalty funds will be reallocated
to other CPBC Contractors (local health departments). Reductions will be
one-time only and will not canyforward to the next fiscal year as an ongoing
reduction to a Contractor' s LPHO allocation. Penalties will be assessed
based upon the postmark date of the mailing envelope .
LPHO Penalties for Noncompliance with Reporting Requirements:
1, 1% - 1 day to 30 days late;
2. 2% - 31 aays to 80 days late;
3. 3% - over 60 days late with a maximum of 3% reduction in the
Contractorr s LPHO allocation.
V. .Agreement.Termination
The Department may cancel this agreement without further liability or penalty to the
Department for any of the following reasons:
A. This agreement may be terminated by either party by giving thirty (30) days
written notice to the other party stating the 'easons for termination and the
effective date.
B. This agreement may also be terminated on thirty (30) days prior written
notice upon the failure of either party to carry out the terms and conditions of
this agreement, provided the alleged defaulting party is given notice of the
alleged breach and fails to cure the default within the thirty (30) day period.
C. This agreement may be terminated immediately if the Contractor' s local
health department, or an official of the Contractor' s local health department,
is convicted of any activity referenced in Part II, Section 111.D, of this
agreement during the term of this agreement or any extension thereof.
VI. Final Reporting upon Termination
Should this agreement be terminated by either party, within thirty (30) days after the
termination, the Contractor shall provide the Department with all financial
performance, and other reports required as a condition of the agreement. The
Department will make payments to the Contractor for allowable reimbursable costs
not covered by previous payments, other state or federal programs. The Contractor
shall immediate!y refund to the Department funds not authorized for use and any
payments advanced to the Contractor in excess of allowable reimbursable
expenditures. Any dispute arising as a result of this agreement shall be resolved in
the State of Michigan.
VII. Severability
If any provision of this agreement or any provision of any document attached to or
incorporated by reference is waived or held to be invalid, such waiver or invaildity
shall not affect other provisions of this agreement.
MDCH/CMS FY OEIrG
07/D8 Pac;:i 21 of 24
VIII. Amendments •
Any changes to this agreement will be valid only if made in writing dl id autepltrti by
all par-ti ee tu this agreement.
A. This agreement, including attautiniei its, may be amended by mutual written
consent of the Contractor and the Department. When submitting a proposed
agreement/budget amendment, the Contractor must submit copies of the
revised sheets and a summary description of the changes.
B. In the event that circumstances occur II h I Ic dIC I 01 I intbUI IciblY foreseeable, or
are beyond the Contractor's or Department's control, which reduce or
otherwise interfere with the Contractor's or Department's ability to provide or
maintain specified services or operational procedures, immediate written
notification must be provided to the other party and an amendment to this
agreement negotiated.
C. Amendments-to-thi ayirre-nt shall be made as follows:
1. Any change proposed by the Contractor which would effect the State
funding of any element funded in whole or in part by funds provided
by the Department, subject to Part I, Section 3.C, of the agreement,
must be submitted in writing to the Department immediately upon
determining the need for such change. The proposed change may be
implemented upon receipt of written notification from the Department.
Within thirty (30) days after receipt of the proposed change, the
Department shall advise the Contractor in writing of its determination.
Subsequently the Department will initiate any necessary formal
amendment to the agreement for execution by all parties to the
agreement.
Any changes proposed by the Department must be agreed to in
writing by the Contractor and upon such written agreement, the
Department shall initiate any necessary formal amendment as above.
2. Other amendments of a routine nature including applicable changes
. in budget categories, modified indirect rates, and similar conditions
which do not modify the agP.Ibl I Id! It wpe., amount of funding to be
provided by the Department or. the total amount of the budget may be
submitted by the Contractor at any time prior to June 2nd. The
Department will provide a written response within thirty (30) calendar
days.
Al! amenoments must be submitted to the Department by June 2nd to
assure the amendment can be executed prior to the end of the
agreement period.
IX. Liability
A. All liability to third parties loss, or damage as a result of claims, demands,
costs, orjuUiii th iiiiny out of actvites, such as direct service delivery, to
be carried out by the Contractor in the performance of this agreement shall
b.e the responsibility of the Contractor, and not the responsibility of the
MDCHICKS FY 08/09
07/08 1 C,": 24
Department, if the liability, loss,. or damage is caused by, or arises out of, the
actions or failure to act on the part of the Contractor, any subcontractor,
anyone directly or indirectly employed by the Contractor, provided that
nothing herein shall be construed as a waiver of any governmental immunity
that has been provided to the Contractor or its employees by statute or court
decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities, such as the provision of policy
and procedural cirecticn, to be carried out by the Department in the
petrfonliariee el Li is agreement shall be the responsibility of the Department,
and not the responsibility of the Contractor, if the liability, loss, or damage is
caused by, or arises out of, the action or failure to act on the part of any
Department employee or agent, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the State, its
agencies (the Department) or employees as provided by statute or court
decisions.
C. In the event that liability to third parties, loss, or clainciyu ai isete as a result of
activities conducted jointly by the Contractor and the Department in
fulfillment of their responsibilities under this agreement, such liability, loss, or
damage shall be borne by the Contractor and the Department in relation to
each party's responsibilities under these joint activities, provided that nothing
herein shall be construed as a waiver of any governmental immunity by the
Contractor, the State, its agencies (the Department) or their employees,
respectively, as provided by statute or court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317,
as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as
amended, MCL 15.341 et seq, MSA 4.1700(71) et seq.
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 Deed! teient ii J LE it: Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreernent,
or other such recorded information required to be held confidential by federal or
state law, rule or regulation ; in connection with the provision of services or other
activity under this agreement shall be privileged communication, shall be held
confidential, and shall not be divulged without the written consent of either the
patient or a person responsible for the patient, except as may be otherwise required
by applicable law or regulation. Such information may be disclosed in summary,
statistical, or other form which does not directly or indirectly identify particular
MI:ICH/CMS FY 08109
07/08 Fwge 23 s! 2.1
X111. Waiver
Any clause or condition of This agreement found to be an impediment to the
intended and effective operation of this agreement may be waived in writing by the
Department or the Contractor, upon presentation of written justification by the
requesting party. Such waiver may be temporary or for the life of the agreement
and may affect any or all program elements covered by this agreement.
XIV. Funding
A. State funding for thib iall be provided from the applicable and
available Department appropriations for the current fiscal year. The
Department provided funds shall be as stated in the approved Annual Budget
- Attachment I , the Program Specific Assurances and Requirements -
Attachment 111, and as outlined in the Funding/Reimbursement Matrix -
Attachment IV.
B. The funding provided through the Department for this agreement shall not
exceed the amount shown for each federal and state categorical program
element except as adjusted by amendment The Contractor must advise the
Department in writing by May 1 if the amount of Department funding may not
be used in its entilety or appears to be insufficient for any program element.
LPHO transfer reauests between MOCK. MDA and MDEQ must also be
requested in writing by May 1. Ali LPHO required services must be
maintained throughout the entire period cf the agreement.
C. The Department may periodically redistribute funds between agencies during
the agreement period in order to ensure that funds are expended-to-me-et the
varying needs for services. Such redistributions will be based upon
projections obtained in consultation with the Contractor. Any redistributions
will be effected through the established amendment process.
MDCH/CMS FY GB/OC!
07/08 F,age .7.1.
OAKLAND COUNTY HEALTH DEPARTMENT
For FY 08/09, special requirements are applicable for the remaining program elements and funding sources listed in the
attached pages and checked below:
Lead Safe Home Program
Local Maternal and Chid Heath (MOH)
Local Public Health Operations (LPHO)
Local Tobacco Reduction
Michigan Care Improvement Registry (MCIR)
Michigan Care Improvement Registry (MCIR) - Regional
Michigan Colorectal Cancer Screening Program
Nurse Family Partnership (NFP)
Rape Prevention Education
Safe Routes to School Prcgrarn
Sexually Transmitted Disease (STD) Control
SIDS
SMILE Michigan Dental Sealant Program
TB Control (DOT)
Varnisri Michigan Speciai Project
WIC Services
WISEWOMAN Coordinatien
Iv
..3
-
1;1_1
MDCH;CMS OMB ATTACHMENT II
Oakland County IleaIth Department FY 2008-2009 CPBC
AGREEMENT
MDCH Funding MocationstReimbursernent Mechanisms Matrix
Attachment IV
Total (c) State (d) State Funded Minimum
MOC11 Funding Reimbursement Method Performance 'Target Perform. :Funded Target Performance Percent Vendor I Rut
Proven.) ElementlFuntling Source (a) Source Fed/St Amount (b) Output Measurement Expect. Pe dorm. Number (e) recipient (r)
Rioterrorism Emergency Preparectneiss
Bioterrorisrn thru 6/9109 Reg Ake. F $328,160 Staffing (6), (15) N/A N/A WA N/A NA SAI•rrir:er.2
9 iaterrorisrri ail (von - 9)30/09 Reg, Alloc. F TOD Sta-.1fing (6).06) rim N,'A WA WA WA 5...1ftmcipiem
Cif.e.f., Illaciirress Snifiatives thru 8.199109 Reg. Alloc. F $223,528 Staffing (6),(15) WA NM ,r,J1A WA WA
Cities Re adine ss initiatives 800109 -.Wt;(09 Reg. Alloc.. F TOO Staffing (6),(16) N/A Nrk NIA NIA
Regional Ell Workspace thru 819109 Reg. Alloc. F 56.000 Staffing (6),(16) NIA NIA N/A N/A NlIA, n,,kr,upenri .
Regional EPI Workspace 8110109 - 9/30/04 Reg. Allot.. F $1,400 Staffing (4(16) t.L.A Na NIA N/A NIA ,I.,b,c•pherwr ...-- ..-..
Childhood Lead Poisoning Prevention Reg. /WOO. F $67,896 Satin(6) r NM WA WA', NM NIA Smit,e Ore+ - It
(.: SFICS Case Mgt/Care Coordination Cale.. Arnt. Various Fixed Unit Rate ( I ) (7) N/A N/A N/A NIA N/A r.rmiar .. .... —
C SI-ii7.S Outreach & Advocacy Reg. Ailoc. F 5127,482 Slating (6) N/A N/A N/A N/A NIA
c!rtg. Alloc. s 59n.01.9
1,LA mcli F
F oily Warnino trylectious Disease Surveillance Reg. Alitx:. F $4.640 Sloffing (6). ( I 5.i N/A N/A WA NIA Vrrolo.
Tulve I ends -//31/08 _ _
F-,xparodcd HIV Testing Reg. Aloe. F $240,a00 Staffing (6) NIA N/A N,`A N/A Nth 5tve-dpva
- _
Generation with Promiso Reg. Alloc. s $15,000 :iitalting (6) N/A NIA NIA N/A NIA V^ncl. _ _ .---- -.....-.-
1-11WAIDS Prevention Categorical Reg. Alloc. F $497,900 Staffing (6) NM N/A N/A N/A N/A F.01.4Kipien.
11111111.1nizations
Assesment. Feedback, Incentive Exchange Colc. Amt. F $50/e nh Fixed Unit Rate (2).(.1) !.L'A. WA NIA Comprehensive Provider Site 'Visit
himirni:7alicr Artier! Flap) Reg. Alloc. F $492.119 blotting (6) N/A N/A NIA N/A NIA
tr../rf.e Frliirwir in f"..`..nic. Amt. F $1501each Fixed Unit Rate (2),(7) NA 19/.4 WA WA Ne'!'t
tl /'I'kl if.5 /rig Reg. .Altc s $99,561 Staffing (61 N/A WA WA WA WA
VI, C 1onIF.) Provider Site Visits Cato, Arid F S-150/each Fixed Unit Rate (2),(7) Nfik NIA N/ /A WA N/A vamikw
VIC1.A.FIX Basic Provider Site Visits Cale. Amt. F $290/each Fixed Uri( Rale (.2i,(7) NA WA. WA N/A Vcrmfor
VFO/AFI.X Comprehensive Provider Site 'Visits epic. Amt F $250/each Fixeiri Unit Rale (2),(7) N/A WA WA N/A N/A
Iritairt Mortatity Coalition Support Reg Mins r $54,760 Staffing (6) WA NfA, N/A N/A N/A
Reg. Alloc. F_ $54,750
Informed Consent Calc..Amt. S $50/each Fixce Unit Rate (2),(7) N/A . WA WA WA N/A ve,-10., _ -
!._ a lil e rat ory Services
Uloterrorism Lab film 819/09 I? e=g. Alloc. F $100,854 Staffing (6),(16) N/A WA WA NIA NIA
ilieredurisrn Lab 8110/09 - 9/30109 Reg. Mon. F TBD Staffing (61, 061 N/A N/A WA NIA NIA
Et.0 Lab 1/1/09- 9/30/09 Reg'. Alkx:. F TBD Staffing (6) WA WA WA WA WA St r0e,:ia.crq
Local .MCH progrem to be deterrnOrpd brined (Yr plan After Program approval, appric:rule Local 114C1-71 funding will be incorporated under The program elements selected fn the Man. aforw
Local IVIC: F Iota approved au.fpert pedermance measures, vp'a amendment Si,t,r.TerFicrri $33.Z,964 approva, _
Page 1
TOTAL MDCH FUNDING $9,419,984
Oakland County Health Department FY 2008-2009 CPBC
AGREEMENT
NIDCH Funding AllocationslReirnbursernent Mechanisms Matrix
Attachment IV
e
Total (c) State (d) State Funded Minimum
MDCH Funding Reimbursement Method Performance Target Perform. Funded Target Performance Percent VendOe / Sub
Prograin Etement/FundOng Source (a) Source Fedi'St Amount fb) Output Measurement Expect Perform, Number i(e) recliplienr in
Local Public Health Operations I
MDA Reg. Alice. S $853,593 Performance % or Food Service N/A 75% NIA NM verwlot
Licensees receiving
required in spedions
M DC.11 Reg Alice S $2,566,254 LPF10 (3),(4) NA\ NIA MA NM N/A V mrrdni
EIDE° Drink,ng 'Water Reg. ARoc. s 5510.917 LP HO (3).(4'; MA MA MA N/A N./A. v..a.
MULL./ Cln•Sile Sewage Rog.. Moo. s $3,975 LRI-10_132111 NIA MA NA N/A 14/A V r.ttn+
---... .
Maternal Infant Support total MCH F Staffing (6} u,,A. tilit MA 4l1,A WA 71 Jhrreple7+1
NEI fF.P Family Partnership Rag. Alloc r $162,077 S1Affil9 (6),(12) N/A ten bziA N/A tok
Reg. Alloc. s $162.0713
Sexr 'ally transmitted Disease (STD) Control Reg Mon, F $53,608 Performance %of required ts to !.1 ,,r1 .c..%isrnI
9 NfA NM
.
peoviders perform Pd U%
4 923. Alice. S $26,056
. ._ ._ . . __...... ..... „
SIDS Cate..4mt, F 565 each r 1 xe LI Orlit itale(2..(1 i) No'fk MA MA N/A N/A Vrnnr.or
in Control {DOT).
Ilt,9 Mine r $17,152 staff,rig (5) tr:A tr N.ls NA rrrA v.dig
..
' WIC
Resident Services Rix). Allot:. F 51,858,600 Performance (a) PAverage Morthly nun ' 97%
Partkr-paitn
' SI, RCIF!C OUTPUT PERFORMANCE, MEASURES WILL BE INCQRPORA rEv VIA AMENDMENT
Rage 2
OTES: FY 08 09
(a) Refer to Plan and Budget Framework for element definitions.
(b) Refer to master comprehensive agreement and program and budget instructions package for further explanation of applicability of these reimbursement
(c) Negotiated starting from the average of the past two complete years actual number where available.
(d) Calculated by multiplying the "Total Performance rxpectation" column by the ratio of the elements total State funding (DOH 0410, Line 24) to "Total
(e) Calculated by multiplying the "State Funded Element Target Performance" column by the "Percent" column.
(f) Refer to roaster comprehensive agreement and budget instructions package for further explanation regarding these designations.
(1) CSHCS Care Coordination
1 Case Management
A. Maximum of six services per year
H Reirnbuisement $201.58 per service provided face-to-face in the home setting
2 CARE COORDINATION
LEVEL IN AN CM- CARE
1 Annual Plan of Care in the home or home-like setting that requires the Care Coordinator
lo travel fu a non-LHD site $150
2 Arinual Plan of Care over the telephone $100
B. LEVEL. ii CARE COORDINATION
1 Level 11 Care Coordination is reimbursed at $50.00 per unit
2. A maximum of 10 units per benefidary per eligibility year will be reimbursed.
(21 Reimbursement Chart for Fixed Rates
A.
AIUSIIIlV Prevention $11.00 per blood draw for non-categorical health departments. Limited annually to $2,000.
Noll Categorical
Feedback $50 per site visit, not to exceed the maximum set for each individual Contractor.
Incentive Exchange
KAFI.X.) Comprehensive
T etrAt Alcohol Spectrum $85 per vi.sit up to six visits.
Disorders
Immunization NUM° $150 per session, upon completion and submission of Provider Contracts and Report Forms. Reimbursement can only be
Education made for one in-service module session per physician clinic site per year.
Immunization VFC (only) $150 per site visit, not to exceed the maximum set for each individual Contractor.
Provide) Site Visits
Irninunization VFDAFIX $200 per site visit, riot to exceed the maximum set for each individual Contractor.
Basic Provider Site Visits
Initilunization VFC/AFIX $250 per site visit, not to exceed the maximum set for each individual Contractor.
Comprehensive Provider
Site Visits
July 2048 08/09
July WU 0e1051
Irtiorn icd Consent $60 per woman served, for each woman that expressly states that she is seeUig a pregnancy test or confirmation of a
pregnancy for the purpose of obtaining an abortion and is provided the services.
Laboratory Services - $2 00 for each specimen for diagnosis of gonorrhea and chiamyclia infections using a nucleic acid amplification assay,
STO & AIDS
SIDS
SMILE! Michigan
$85 for each family support visit. A maximum of six (6) visits per infant death is reimbursable.
$10 per dental sealant placed, not to exceed the maximum set for each individual contractor.
Varnish! Michigan $15 per fluoride varnish application, not to exceed the maximum set for each individual contractor.
Allocation to !he reflected in individual programs during budgeting proce,ss.
f I Funding Source (not a single element).
; Subject to Statewide Maintenance of Effort requirement for Title X.
i Slate funding is first source (after fees and other earmarked sources).
Fixed unit rate subject to actual costs.
1 ; The performance reimbursement target will be the base target caseload established by MDCH.
i Sohicel 1c a match requirement (hard or in-kind) of $1 for each $3 of MDCH agreement funding for lArisewornan Coordination..
Pixeci .Linit rate limited to contract amount.
Up to six (6) visits per family.
f.-;hbject to a match requirement (hard or in-kind) of $2.50 for each $10 of MDCH agreement. Kalamazoo match requirement is $1.00 for each $10 of MDCH agreement.
Non-c.ateciorically funded Health Departments will be reimbursed at $11.00 perl-IN test conducted up to a maximum of $2.,000 annually.
The performance reimbursement target Title X base caseload established for the Family Planning - General services program element is exclusive of Plant First! enrollees.
Quarterly FP.AR data will be used to determine total Title X users and Plan First! enrollees.
I) Etioterrorism funds are for ten months only and must be expended by August 9, 2009.
) Bioterrnrism funds are for August 10, 2009- Septenter 30, 2009
'j l'io;ect meets the Research and Development criteria as defined by 0MB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
V: Some Footnotes may not apply to this agency
FISCAL NOTE (MR #08209) October 2, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION -
2°08/2009 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC)
AGREEMENT 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 Michigan Department of Community Health (MDCH) has
awarded Oakland County Health Division funding in the amount
of- $9,419,984 for the period October 1, 2008, through
September 30, 2009.
2. The FY 2009 award reflects a decrease from the latest FY 2008
award.
3. Total Health Fund Revenue is as follows:
Michigan Dept. of Community Health $2,666,254
Food Protection 853,593
Nurse Family Partnership 324,155
Sexually Transmitted Disease 109,696.
Total Health Fund $3,953,698
4. Total Grant Fund Revenue is as follows:
Aids Prevention $ 497,900
Bioterror Coordinator 328,160
Cities Readiness Initiative 223,528
Childhood Lead 67,896
EPI Planner Workplace 10,000
CSHCS Outreach and Advocacy 187,500
Early Warning Infectious Dis. Surv. 4,640
Expanded HIV Test 240,000
Generation with Promise 15,000
Immunization Action Plan 492,119
Infant Mortality Coalition Support 109,520
Maternal and Infant Support 332,954
MDEQ Drinking Water 510,917
. MDEQ On-Site Sewage 369,975
TB Control 17,152
ET Lab Program 100,854
Vaccine Replacement/Handling 99,561
WIC 1,858,600
Total Grants $5,466,286
Total Program 9,419,981
5. A budget amendment is recommended to FY 2009 and FY 2010 per
the attached Schedule A, to reflect the FY 2009 award.
FIN127CE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #08209 October 2, 2008
Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted),
AYES: Burns, Coulter, Crawford, Gershenson, Gingell, Gosselin. Gregory, Greimel, Hatchett,
Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accompanying repub beirly accepted).
MY APPROVE ilfrRIREGOING RESOUITION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 2, 2008,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 2nd day of October, 2008.
ede
Ruth Johnson, County Clerk