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Resolutions - 2009.03.05 - 9846
MISCELLANEOUS RESOLUTION #09038 March 5, 2009 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — 2009 FETAL INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has been awarded $3,780.00 by the Michigan Public Health Institute in return for entering infant mortality data for Oakland County into a statewide database to assist with statistical analysis; and WHEREAS this activity had previously been undertaken using a variety of sources; and WHEREAS no county match or additional positions are required; and WHEREAS this contract has been approved through the County .Executive's contract review process: and WHEREAS the acceptance of this contract does not obligate the County to any future commitment NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2C09 Fetal Infant Mortality Data Abstraction Agreement in the amount of $3,780.00 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the future level of service be contingent upon, the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (i5 96), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Cjovernment Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Potter and Hatchett absent. • Page I of 3 Tom Fockler From: Piir, Gala [piirg©oakgov.com ] Sent: Friday, February 06. 2009 1:44 PM To: 'Fodder, Tom '; 'Linda Pearson' Subject: Grant Sign Off: Health Division - FY 2009 Fetal Infant Mortality Data Abstraction - Grant Acceptance Attachments: Grant Sign off pkg,pdf The complete sign off packaggiudiached ‘ GRANT REVIEW SIGN OFF — Health Division GRANT NAME: FY 2009 Fetal Infant Mortality Data Abstraction FUNDING AGENCY: Michigan Public Health Institute DEPARTMENT CONTACT PERSON: Tom Fockler STATUS: Grant Acceptance DATE: February 6, 2009 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 (2/4/2009) Department of Human Resources: Approved — Cathy Shallal (21512009) Risk Management and Safety: Approved. Andrea Plotkowski (2/3/2009) Corporation Counsel: There are no outstanding legal issues with the revised agreement. — Joellen Shortley Blaszczak (2/5/2009) 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) hrtp://www.whitehouse.goviomb/finaricialifiri_sujale_audithtml Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for 2/912009 15: id=14718540 hrtmllfrwebgate.access.y. oo.20ViCE1-D111/aeluoc !annum nrn 763 Page 2 of 3 • obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non- profit organizations expending federal awards. Irtp://wwi.v.whitchousezwiomb/citc al 33.html Federal Anti-Lobbying Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions (31 USC 1352) http://uscode.house.Roy/uscode-califastweb.exeetdo-F ffCLISCview+pm g—i R11 -0++0,4,18Anti Labbvintt%29%20% 20ANIX/a20%28°,22 ,"2 ° • .0 ° %20%209/020%2 °,10200/i2020 Lobbying Disclosure Act of 1995 (2 USC 1601) hap ://www.senate.govireference/res_ources/pdficontactingl 0465,pdf Anti-Lobbying - Section 503 (Public Law 104-208) http://grants.n ih.Rov/arants/guide/notiee-files/nnt97-032.html Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "P.A. 533 of 2004" http://www.legislature.mi.Eovgua3lx2elmni57557 711iwv41 yin ileg..a.spx? page—getObject&objectName-2003-S-0850 nCIE Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.govi (ua3lxv.eltmri5z55z2uiwv451/milezasox?Da2e=getahiect&nbirctnnme---.1-111-1- A ci-4 s 9768z.1 Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" Int :11wv, x ,e1 tinr. 5z55z2 u i‘J_I LLmj ili=121wialaiegtnana, f- I 976&queryid=14718589 MBEAVBE in procurement (40 CFR see. 31.36 (e)(2)) • httl)://frwebt.,,ate4.access.mo.aovictli-bin/waisuate.C2i7WA I Sdocri)=-6167S63?507+38+0+084WAISaction -retrieve Federal Office of Management and Budget (0rvm) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) (2 CFR, Part 180) httryllwww.access,gpo.govinarafefr/waisidx_08/1cfr180 08.html Pro-Children Act of 1994 http://epa.twy/iat/school shfs/guidel.html#Pro-Ch i I dren %2 CiAct0,1,204%,0 f QQ4 Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.ose,zovniatchact.htm Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728 -4763) http:llfrwebgate.access.u:Do.2ov/cei-binieetdoc,c2i?dbiname-hrowse uqc&rimirl=cite-+471 icr477R 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. bttp://www.whitehouse.guy/9rn a I 02,html Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) hm://www.cnris.hhs.,,ov/HI • .4 -1 • ..1 '• -taii.pdf Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities "Act 317 of 1968" hit ://www.lclislatur. " bx 9page—getobject&objectname=rricl-Act-317-of- 1968&queryid-14761946 Michigan Standards of Conduct for Public Officers and Employees (Act 196 of 1973) http:/wwvv.lezislature mi 20 vgS(30eoca2irrl ife,ph.p.rtmArneTici_15.34 Gala V. Piir • Grants Compliance and Programs Coordinator Oaklond County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 2/9/2009 Subcontractor Agreement between The Michigan Public Health Institute and Oakland County Health Dept Attn: Mary White 1200 N Telegraph Rd Pontiac, MI 48341-0432 On File Reference Number: G-09269-115-504200 Effective Dates: 10/1/08-9/30/09 SUBCONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this St day of October, 2008 by and between the MICHIGAN PUBLIC HEALTH INSTITUTE, a Michigan nonprofit corporation ("MPHI"), and the Oakland County Health Dept, (Subcontractor"). Acknowledg,-ecl Facts. MPH' has entered into a contract with Michigan Department of Community Health to provide technical assistance for counties that have FT MR programs. FIMR. is a collaborative, community based process that enables a community to conduct in depth review of their fetal/infant deaths in order to improve systems of care. ("Funding Source Agreement"). MPH desires to subcontract with Subcontractor to provide services necessary for MPHI to carry out its obligations under the Funding Source Agreement. 2, Subcontractor Services. Subcontractor shall perform the services described in Exhibit A. Subcontractor shall perform the services in compliance with all terms of the Funding Source Agreement. In the event of a conflict between the Funding Source Agreement and any term in this Agreement, the Funding Source Agreement shall control. A copy of the Funding Source Agreement is attached to this Agreement as Exhibit C. Subcontractor shall provide the necessary administrative, professional, and technical staff for performance of the services. 3. Term of Agreement; Termination Without cousq, The Subcontractor shall begin providing the services described above on the 1st day of October. 2008, and shall continue those services through the 30th day of September, 2009 or the date of termination, whichever occurs first. Either party may terminate this Agreement at any time without cause by giving thirty (30) days advance -written notice to the other party. Termination under this section shall not prejudice either party's remedies for any breach occurring before termination. 4. Payment. Payments shall be paid according to the program budget or schedule attached as Exhibit B. 5. Reimbursement and Return of Funds by Still ..tfintraetnr. Upon termination of this Agreement, Subcontractor shall immediately return to :v1PHI 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 MPH1 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 MPI-II. 7. Records, Reporting. and Access. Subcontractor sha:1 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 MPIII to verify the Subcontractor's costs, expenditures and other activities incurred pursuant to this Agreement. MPHI and any funding sources identified in the Funding Source Agreement, shall have access to all of Subcontractor's records relating to its services under this Agreement at any reasonable time, including but not limited to canceled 2 checks, invoices, vouchers, purchase orders, subcontracts, time sheets, mileage records and all .other records relating to services and expenditures. MPHI and the funding source shall be entitled to perform audits of all of Subcontractor's records described in this section. Subcontractor shall maintain records relating to the services provided under this Ageement 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.Coinni unity Health CMDCH"). MPHI will comply with the regulations set tbrth in the Single Audit Act Amendments of 1996. 31 USC 7501 et seq. and Office of IvlantTement and Budget Circular ("OMB") A-133, "Audits of Statcs, Local Governments, and Non-Profit Organizations" and provide MDCI I with a copy of the .],i;i1Liet1 audit reporting packane of MPH I and management. letter within nine months after the end of MPI-11's fiscal year. 8. Ownership of Property Purchased with Funding Source Funds. All property purchased by Subcontractor in whole or in part with funds authorized under this Agreement, the cost of any single item of which exceeds 55,000, shall be owned by and remain the property of MPH!. Upon termination of this Agreement, all of that property shall be returned immediately to MPHI if requested by MPHI in writing. 9. Compliance with Laws, Regulations, and MPEII Policies and Assurances. A. Anti-Lohbving 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, I-Iealth 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. 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 MPH!. Subcontractor will not represent either itself or any of its employees or agents as employees of MM. Subcontractor shall be responsible for all compensation, fringe benefits, and other obligations due to its employees, including but not limited to the withholding arid 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 NIPFIT 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 MPH! instead of independent contractors, Subcontractor agrees to reimburse MPHI on demand for all expenses and costs incurred by MPH! as a result of that determination, including but not .limited to reasonable attorneys' fees, taxes, interest, penalties and damages. 3 11. Indemnification and Insurance. Subcontractor is self insured and will provide evidence of same upon request. • 12. Intellectual Property, Ownership, and Use. . Subcontractor and MPHI agree that the report generated for MPH 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 MPHI that to the best of its knowledge and belief that the Contractors local health department or an official (defined below) of the Contractors local health department: A. Are not presently debarred, suspended, proposed for debarment, 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 MPHI. 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 obligations as described in this Agreement within ten (10) days after MPHI gives written notice of failure to Subcontractor. 15. Notices. Any notice required or permitted to be given to either party under this Agreement shall be deemed given on the date of personal delivery to a representative of the party at its business address, or on the next business day after being sent either via facsimile (with a hard copy mailed the same day via regular mail) or via overnight mail service, or three (3) business days after being mailed regular mail, postage prepaid, in the U.S. mail service or other comparable mail service, to the following addresses: If to MPHI: If to the Subcontractor: Ammie Hernandez, Grant and. Contract Specialist Michigan Public Health Institute 2436 Woodlake Circle, Suite 300 °kern° s, MI 48864 Mary White Oakland County Health Dept 200 N. Telegraph Rd Pontiac, MI 48341-0432 Either party may, by written notice, designate a different address other than a post office box to which notices may be sent. 16. General Previsions. A. Waivers. No failure or delay on the part of MPH1 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. 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 _an 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. i)I s n Stoten 'm Director Date Inc!. G-09269-115-504200 MICHIGAN PUBLIC HEALTH INSTITUTE Tracy Y. Lfrt21 Controller CPA, 1v1P, Date Recommended by: Oakland County Health Dept Name: Kathy Forzley Date Title: Health Officer 6 EXHIBIT A WORK STATEMENT & PROGRESS REPORTS Contract Between Michigan Public Health Institute and Oakland County Health Dept Contract Period: 10h/08-9!30/09 Work Plan The services to be performed by the Subcontractor are as follows: The services to be performed by the Subcontractor are as follows: 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 eases to MPHI for MFIlvTR 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. Progress Reports Subcontractor shall send progress reports to Heidi Hilliard at the following address: Address to send progress reports: Heidi 1-Tilliard Child and Adolescent Heaith Michigan Public Health Institute 2440 Woodlake Circle Okernos, Mr 48864 517-324-7331 hhilliard@mphi.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. 8 EXHIBIT B - BUDGET, STATEMENT, & INVOICE INFORMATION Contract Between Michigan Public Health Institute and Oakland County Health Dept Contract Period: 10/1/08-9/30/09 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 00/100 ($3,780.00). MPHI shall make payments to Subcontractor within forty-five (45) days after receipt by the Dusiness Office of an itemized statement that has been approved by the project coordinator indicating the amount due and the reference number G-09269-115-504200. 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 MPHI within forty-five (45) days of the start of the following fiscal year. For example, for work performed on a subcontract between December I, 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 MPH!. 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: Heidi Hilliard Child and Adolescent Health Michigan Public Health Institute 2440 Woodlake Lrle Suite 150 Okemos. MI 48864 517-324-7331 hbilliard@mphi.onz, EXHIBIT C COPY OF FUNDING SOURCE AGREEMENT (see attached) 10 MUWWCOSS, Marko (OWN-WM(1 Past 1 O: Master Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Michigan Public Health Institute 2436 Woodiake Circle, Suite 300 Okernos, Ivlichigan 48864 Federal 1,0 #. 38-2963835 hereinafter referred to as the 'Contractor for. Community Health Services Part 1' 1. Period of Agreement: This agreement shall commence on October 1 and continue through September 30, 2009. This agreement is in full force and effect for the period Specified. Program Budget and Agreement Amount A. A reerr intAm The total amount of this agreement is $ 29,167,041. The Department under the terms of this agreement will provide funding not to exceed $28 2&975.398 The federal funding provided by the Department: is $ varies by project or approximately %; the Catalog of Federal Domestic Assistance (C FDA). numbers; and the federa1g6nt program titles are included in Attachment A. B. Equipment Purchases and Title Any equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit Title to equipment items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of S5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of Name Title Email Address Telephone No. tattlirchses Me? WM+ Air ar Page 2 01 :17 C. Deviation Allowance A deviation allowance mod ifyinyrdi iesLtilis1 led budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision including any adjustment to the total amount of this agreement must be made in writing and executed by all parties to this agreement before the modifications can be implemented_ This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not . shown in the attached Program Budget Summary and supporting detail schedules. 3, Purpose; The purpose of this Master Agreement is to provide funding for community, health services. 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in the Attachments, which are part of this agreement through reference. 5: ElnanciaiRee- meats: The reimbursement payment process shall be followed as described in Part II and Attachments, which are part of this agreement through reference, 6: Performance/Progress Revert Reouirements: The progress reporting methods, as applicable, shall be followed as described in the Attachments, which are part of • this agreement through reference. 7. , . General Provisions : The Contractor agrees to comply with the General Provisions outlined in Part 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: Wan Parao, Lewis Cass Buildiria. Master Adrenment Coordinator (S171 241..'7/15 Name, Location/Building Title Telephone N. ParagSgamichigan CIOV Email Address 9. Contractor' s Financial Contact for the Acreement: The person acting for the Contractor on the financial reporting for this agreement is: PADVIitr-145 HAIM MY) /MU Page 3,f 17 . 10_ Special Condition's: A This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Depanment• B. This agreement is conditionally approved subiect 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 In the event of a conflict between this Agreement and one of the Attachments to this agreement, the provisions of the Attachment shall prevail. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer, 11. Special Certification; The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor, 12. Signature Section: For the CONTRACTOR Name and Title For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Date. Susan Kangas., Deputy Director Operations Administration Part General Provisions - Master Grant Agreement 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 Departrnent resell/es a royalty. free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing . acknowledgment of the . Department s name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arise from the program and service contract herein; the Department will do likewise. Fees Make reasonable efforts to collect 1 1 and 3113 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 excludod from reimbursable expenditures. Prciciratn OP: ration Provide the necessary administrative, professional, and technical staff for operation of the Program. D. Renorting 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 elle ntena ncef 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, hIC)01-02113 htaalss WiD94419-11 Ci.60 Pa9e A of. 17 F. Authorized Access Permit upon reasonable notification and at reasonable limes, 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, tattle extent authorized by applicable state or federal law, rule or regulation. G. Audits r This section only applies to Contractors designated as subrecipients, Contractors designated as vendors are exempt from the provisions of this SectiOn, 1, Required 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 MDCH- ' funded programs and management letter (if issued) with a response. a. Sir_igtaAar..2 Contractors that expend $500,000 or more in federal awards during the Contractors 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 (OMB) Circular A13, Aüdits. . of Stales, Local Governments, and Non-Profit Organizations;' (as.. revised). Financial Statement Aimil• • . . Contractors exempt from the Single Audit requirements that receive , . $500,000 or more in total fiinding 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 diScipsares that may negatively impact MDCH-funded programs if -lauding, 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 http://wan,N rnichigan.govimdch by selecting Inside Community Health, MDCH Audit. . 1);gn, oV Vr um:Mir-VS itanot eate-I0411 Due Date and Whele to Send The required audit and any other required 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 QualityAssurence and Review Section P.O. Box 30479* . . Lansi4 MiChigan 40909-7979 *For Express Delivery: . Capital common Center • . 400 S. Pine Street 'Lansing Michigan 40933 , Alternatives to paper filing may be viewed at http://wkwernichician.qovimelch by selecting InSide Community Health, fv1DCH Audit. Penalty a. Delinquent Single 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 Oars grant funding; not to exceed $200,000, until the required filing is received by the DePartMent. The Department may retain the amount ...withheld tithe Contractor is more than 120 days delinquent in meeting the filing requirements and an extension hag 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. befinqtient 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. - 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 vf 17 MDCHAWS %Wadi Det09,44Ftlf DI DB KW:0C A% Maths att9,fltriAll 8.f.03 SubrecipientNenclor Monitoriog 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 contractör must also develop a subrecipient rrionitorjrig plan that addresses aUting the award monitoring" of subrecipients to provide reasonable assurance that the subreoipiept administers Federal awards in compliance With laws, iegulatiOns;.. and the provisions of the contracts, and that performance goals are achieved: the subrecipient monitoring plan should include a risk-based aStesSrnent to determine the level of oversight, and monitoring activities such as reviewing 'financial and performance reports. performing Site lirsits, arid maintainiiii .fegiiiintict Witk . The Contractor must establish requirements to ensure compliance • for 'for-profit subrecepients as required by OMB Circular A-133. Section .210*. - The Contractor must ensure that ,transactions with vendors comply With laws. regulationS, arid provisions of contracts Or grant agreements in compliance with OMB Circular A-133, Section.2 'I 0(0. Notificatiön of Modifications Provide tirtiely notification to the ,Depaqment: in writing ;o.f:: ariY.;a0ior*• Contractor, its governing board or any other funding sour eë that Would rufre 6r result in significant modification in the provision of servicesor.fundingOr compliance „ with operational procedures Säftivare.CoinplianCo The ,Contractor must ensure. software-: compliance:. and ;'..COenpi!tftill: Depiartrnent'S ,data Systems for services provided under this agrOeMenti4i.iding not limited to stored data, databases, and interfaces,for..thOir0.090*Ot.,tork...:,. products and reportS, All required data under this agreement shall yikpfoVideck in an l:.• . accurate and timely . manner with' Out' interruphori,' eii-Ort:'.41010' the ' • inaccuracy of the Contractor's business Operations for prodosSiii dat6iinie data Human Subiacts Prior to the initiation of the research the Contractor agreesfo•Stibrni' t Review Board (1RB) application material for all research involving .human subjects; . which is conducted in-programssponsored by the Departmentor in iirOgrarrts*hiCh.: receive funding from or through the State of Michigan, to the..0ePartrnent's IRA for review and approval, or the iRB application and approval materials for acceptance of the review of :another IRS. Alt such research must be approved by a federally assured trtp, but the Department's Il=ttl can only accept the review and approval of " • another itiSfitution'S IRB under a formally-approved interdepartmental agreenient: The manner of the review will be agreed upon between the Department's 11113 Chairperson and the Contractor's IF% Chairperson or Executive OffiCer(s). su bred pients. subrecipients. The Contractor shall provide the Departm•nt with the following . 1. Written evidence of the review and apploval by the applicable IRB for the .. project and any patient consent form that may he Tequired prior to the initiation of the study; 2. Written evidence of the IRB's continuing review and approval of the study Whenever it is reviewed, but at least once per year and if applicable Written evidence that the Contractor is obtaining appropriate authorizations that are acceptable to the Department and HIPAA compliant for the use and disclosure of protected health information • The Contractor shall immediately notify the Department if the following occurs: 1. Any deviations from the project which are necessary to protect the safety. rights Or welfare of study participants. and Any serious adverse events that occur to study participants, except for serious adverse event 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 causeits 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 4lieOtt.,1013*, 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. L. Ri4ht To Inviistionq 1. Where activities supported by this agreement result in the conception of or actual reduction to practice of a patentable invenbon, 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 for non- commercial governmental purposes Page ti of 17 rADCFirOMS Moles Ottrrra4Plu (VON . . . • " • The Site of Michigan may modify the copyrightable invention and tria9 ,:... combine such with other copyrightable property to forin a derivative work. The .State of Michigan will Own and hold all cOpyright. and ether intellectdal property rights in pny 06.1)". excluding any rights interest in such invention other than tlies0 I . . granted in this Agreetnerit.' . • .. . _ • c. in the event, that the Contractor shall, for any.realsOn,.0asete coriduct:.';- business, or cease to support the invention, the St* 4:Nliphi4ah shall have the right to convert licenses iniCitr4icsferable ti -Otise ....tc,t the extent consistent with any applicable obligation's the Contractor hs to the federal govemnLi' ... , . . : . r - . ' r .,.. '• , • . . The Contractor Shall acknoWledge State of Michigan and Department sUpport. , • . . . - .. , , , . . •• • .. .. , , -• ,_ . in the -Patent application and notify the Department or any.,.cleci.siort not to .. pursue patent rights or licensing. .. .. ,.....,- • 4. The Contractor shall submit an annual utilization re01,?rt, fpf iali..0Eifented anc licensed inventions and submit a final invention statement and 66t -titicatiOn, within 90 days Of the end of the agreement periOd.. . • • All documents required to be submrtted to the '§fate.' of ::-MiChigarf: _ Department in Items #1 through #4 :triust be submitted in k:par:006614 with the required deadlines to Michigan Department of Community Health'. • . • • • • • - Management Section, 320.S. Walhut, Lansing, Michigan-40913,- , . . . The Department in accordance with the gene rat purposes and objective of thus agr'-eirien Ritimburserrient .: - . , • • . Provide reimbursement in accordance with the terms and COnditions, Of this agreement taased -- -- - - - -- - ' ' . ' , by the Cohtraptor. B. Report Forms Provide any report forms and reporting formats required by the'pePartirienti et the effective date of this agreement. and provide to the COntractor any new tepatI forrn . and reporting ft,/ upywn.1 for issttance thereafter at least ninety (90) days prior to their required usage to afford the Contractor an opportunity to review and offer comment ReSporisibilitrek DepartMent RoSporisibilitrek Department RoSporisibilitrek Department Ill. Assurances The following assuranc.es are hereby given to the Department: • 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 complYwith all general administrative requirements such as OMB Circulars . . . . • covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. a .? Anti-Lobbviiiq Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1001 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 •:Law..,1041208)., Further, the Contractor shall require that the language of this be incl uded in the award documents of all subawards at all tiers (including . . incl . subcontracts, Subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, C: N6n-Discrimination 1. In the 'performance of any contract or purchase order resulting herefrorn, 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 I 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 perforMaepe of any P.c.o00.0.,jär purchase order resulting herefrom will contain a provision requiring flori-diSeiimiriation 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• .372201 et see, and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, NMI_ 37.1101 et see, 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 solieitations. 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. 0. 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 it, its employees and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared Page 10 of 1• 6113CMCIAS tamiirx 1A49441/14:1 Oti - . ineligible. or voluntarily excluded_ from covered .transactiont 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 COiliniiSsiOn .of fraud or a. criminal offense in connection with obtaining,. atleitfOlit4 tó'obtain or performing a public (federal; state, or local) tranSactiO ;Or contract tinder a , • ., . . _ . ; _ . : . PubliC,:transaction; vidlatiort ,Of,fedérel or state antitrust statutes or cornmisSforil.:..i of eritbezzlennent, theft, forgery falsification di:;destrObtion of record making false stalerrieht-S: Or reàMng stolen PritipertY'i;-,..-::,;.: • . . . . . Are not . presently indicted or otheiwise. criminally or :.ciYilly.-Charged.: by government erifity. federal Or local) with.::cOmOSSion: of any of the offenses enumerated sectio n and .....,. . . L • . • •• • • - . . .1-lave:hot within a three-year period prectgliiig this kigreernent had one more public transactions (federal, stale.or local) terminated:kir:64U* or default: . . - Federal Requirement; Pro-Children .Act • • • •• • 1_ Assurance is hereby given tothe Department that the COntractor will cOrnply.'• with Public Law 103-227, also known as the Pro-children Al 1994, 29 USG:: 6081 et seq, which requires that smoking not be ;perMitted in any .Portion of:' any indoor fadlity owned. or le.,,a.Sed or contracted by aiid used -routinely regularly for the *vision of health, daY care. early childhood development service5. education or library services to children v6.00...410 p90. 011 0,,,41119,. services are funded by federal Programs either:dke611Y* through State Or -, local governments by federal giant :Contract, loan or loarigilerantee..:.The law also applies to children s Services that are provided in indoor facilities that are constructed, operated, or maintained with such federal fUndS1..,Thilaw does not apply to children I 5 ser*iCeSSprOvided in private facilities used for inpatienfdkUgOraln6hOltrea0eritt$00-,oe'pi:dviderS•WhOs&,.. i -• Sole iiiirCe of applicable federal funds is Medicare Or,(.1kriediCaid'- or faalitie. Where Won-ten, infants, and Children conrrëemed Failure to comply with the proyisions ,of the law may resultin the imposition of 4 civil • monetary penalty of up to $1,600 for each violation andiörtne irriPOsition of ái administrative compliance order on the responsible entity. The Contractor also assures that this language will be included 4140 SubaWar'cIS . *trial.. • contain provisions for children., S service's. The Contractor also assures:. in addition to compliance With Public Law 103- : 22r,.any service or activitY, funded in Whole Or in part through this agreement': • will be delivered in a smoke-free facility or environmentSmoking bhdll not be permitted anywhere in the facility,. or those parts of the f.a -cllity'-i.inder the control Of the Conlrc(or If ,activities or services are ..deliVered .in!a.cilities or areas that are not under the control of the Contractor (e:#., a mall, restaurant or private work site), the activities Or services shall be F. Hatch Political Activity Act and Interoávernmental Perqcinnel A&. The Contractor will comply with the Hatch Political Activity Act, 5 USt .1501-1508, and the intergovernmental Personnel Act Of 1970, as amended Title Vl .of the Civil Service Reform Act, Public Law 9-4-54; 42 USC 4728." Federil funds cannot be used for partisan political purposes of any kind by any person orOrganization . . PNP 1 10 17 I, MK:WI= • filabla 02102-f4Mit 51 n••••• üi.vovedEir the administration of federally-assisted prograrnS. . . Subeontiact_S. Assure for any subcontracted service, activity Of product: t That a wrttten subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exception's to this policy may be `gra' 'Med: by the Department upon written request within go days of execution of the agreement. That any executed subcontract of this agreement shall require the subcon tractor to comply. with 'au applicable terms and conditions of this • . • agreement In the event -cif a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. , • 1 • ••• . A 6On-filet behrveen this agreement and a subcontract, however, shall not be cleaned to exist where the subcontract: :(a) Contains additional non-conflicting provisions not set forth in this agreement: (b); Restates provisions of thid agreement to afford the Contractor the same or substantially the same rights and privileges as the Departinent; or . . Requires the subcontractor to perform duties and/or services in less time than that afforded: the Contractor in this agreement. That the subcontract does not affect the Contractor s accountability to the Departnient for the subcontracted activity. afiY biillng or request for reimbursement for subcontract costs is m"..sUPP§Tted by a vatid subOntraet and adequate source documentation on -- • _ costs ari services That the Contractor will submit a copy of the executed subcontract if requested by the Department. Procurement Assure that all purchase transactions related to this agreement whether negotiated or _adyerti.SO4, Shall be conducted, openly and competitively in accordance with the principles and rrequirements of OMB QfrCalai A-102 as revised, implemented through applicable portions of the aSsociated 'Common Rule" as promulgated by responsible federal Contractor(s), or 2 CRF,.Part 215 (0MEI Circular A-110) as amended, as applicable and that records sufficient to document the significant history of all purchasesar*:. maintained for a minimum of three years after the end of the agreement peFiod. Health Insurance Poi-tabilitv and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the tiepartrtieritbnifer this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following• Nov 1201 17 LIDCWC648 titzmwr 4111:194.r141 other source. Financial Witririnii=r;e'nts Operating_Advanc0 * , The contractor must not share any protected health data and information provided by the Department that falls within liiPAA.reqUirethents except to SULRTJI iii .2CM db dppropriate tiPder this agreeinent. . The Contractor must require : the Subcontrector.not to share any protected . health data and inforrnatforii: 060 the Department that tallS under - requirements in the tierns and conditions Of the SOb0;Pritracti'-'.; . • . • •. The Contractor must . only use the protected health data and information for the PUiPbst'Of this agreerr?'-''' ' ' . : ,. The Contractor must have Written policies and prCibel.freaddressing 1 he . use of prOteoted., health data:. and information that faU under the';:!LHI.P*,, requirements:. The poliàies. and PrikedUreS.inUit#04:41applicable ..lederal::::. and state requirements including the HIPAA regulations. These pohcies an proceddies must include reStrtCting access to theiproteoted :health data and -.- information by the Contractors : 5. The Contractor must have i 014 And procedure to report to the periorrritit -: : • ,.. unauthorized use or disclosure of protected heattli:data and informationthat...- falls Under the HIPAA requirements of Which the Contractor . . . 6.: Failure to comply with any of these contractual reqUireMelitp-itiay :,reSult in the termination of this agreement in accordance with 004if:. $.64tio0 . . Termination, In accordance with HiPAAioiluiférifents, th'e ContraCior IS liable for any''clai . „ . . . loss or damage relating to unauthorized use or disclosure of Protected hèatt data and information by the Contractor received from the Department Or any An operating advance he may _ ,u : j.rr‘ with m. operations " The request should be addressed to the eciiirtraa:Manege'r idanuifled Part I, !tern 8: The operating advance will be adrninistefed aSifölloWs: 1.. The advance amount requested Must be reaionablein.teletiOnshiP .IO. the program.. $ requirements, billing:4 de, etc .: and in no case may exceed the - amount required for 60 days ' operating expense: ppetiii66-40004* 01,-bj.::::- monitored and adjusted by the Department acOording;t0.-tpial'Departriient agreement amount. , The advance must be recorded as an account payable to the Department in the .Ceiriir6ctpr s financial: ii6Ord,i; The operating advance payable,must remain in the contraCtOr'S firiahciat records Until fullyt 1665i/6'60'0 the Department The monthly Financial Status. Report (FSR). reirnbOr.,semenf.:fer, actual expenditures by the Department Should be used by the Contractor to replenish the operating advance used by program operationi. . stQCMCAti 141glin MIX1-1046 e. 1.10011:3.0 KAKI on940141 47.' QS Page I A of 17 Tht ad.vance Must be returned to the Department within 30 days of the end date cif this agreement unless the Contractor has a recurring agreement with the Department, and may nol be held pending agreement audit. Subsequent Department agreements may be with pending recovery of the outstanding advance froma prior agreement. If the Contractor has a recurring agreement •. , • with the Department, the Department requires an annual confirmation of the outstanding operating advariCe, . . The Department may obtain the Michigan Department of Treasury s assistance in collecting outstanding operating advances. The Department will comply with the Michigan Department of Treasury s Due Process procedures , prior, to forwarding claims to Treasury, Specific Due Process procedures following , . . • • Departarent offer of a hearing to dispute the debt, identifying the time place and date of such hearing. A hearing by an impartial official. An opportunity for the Contractor to examine department s associated records. d., M. opportunity for the Contractor to present evidence in person or in writing..•- A hearing official with full authority to correct errors and make a decision not to forward debt to Treasury, • Contractor representation by an attorney and presentation of witnesses if hec.ésiary. 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 6-444.yoati.on of the Operating advance Failure to respond to the confirmation request may reSett in the Department recovering all or part of an outstanthng operating advance - Reimburs ement Method The,Contractor will be reimbursed in accordance with the staffing grant reimbursement method as follows unless the Attachment cover page identifies : another type of reimbursement: StaffinO 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 aPpliedatien of fees and earmarked sources unless a specific local match condition exists. PerfOrMance Reimbursemen( A reimbursement method by which the Contractor is reimbursed based upon the understanding that a certain level of performance (measured by outputs) 0,. r.:14X-14. MIN 6:5 ONI394r111 SW@ must be met in order to receive full reirnbursetert•iit costs (net Program . , income and other earmarked sources) up to contracted amCiUnt at State funds: It Contractor' s performance pita short of the expectation by 'a -fakor greater thati. ttiè. allowed minimum performance percentage.. the State maximum, . r„ . • allocation Will be reduced ; argakialent to actual .perfoiinanCe. in 'relation— t6: minirtitin performance perdentages,. - , ; ,.• 3_ Fixed Unit Rate Reimbursement . A re0bursernent method by:At -Lich the Contraçtor.:isl.reirnbi,irSadia':spe 'irriOtirif of -ea66 output a-40061dreliVired and 'rre,PO, Financial f..atirs Report Submission Financial Status Reports (FSRs) shall be prepared ari:d:atibr'nitled!, . Michigan Department of Community Health; Bureau of Finance Accb.unprig Divi,on. Expendi1Ure:9perationS Sectio Box 30720, Lansing. is'?ii6higart 48909 FSks must be submitted on a monthly basis no later 1666 thirty (30) days ftei the a:pie of each Calendar month. The monthly F8Rs MtiSt reftedtötit actual prcxjrath • ' eiberrititüreil;:iiPitmlleSs of the SO6r6e.ofjurjd. The'FSR form and instr1tions to. completing the FSR. fern). are 'ai'./ailable. thrOUgh: your Contract Manager or the Department s web site: 7 • - • • . " • •-• httO/Virivnichigangovi.do6urn` ents/DCH703.84.. .. • Fifiaricial_Stattik;RePort li3,2142.pdf and • httpi://www.michigan.goVidocurnentsipcft0384-.,;:,:::';.:-,:;. Financial_StatU&Peport_InStrtictiOnS82 .1,fk:7: I .Failure titi;...tneet; financial reporting:tespOnsibilities. asiidentified in this agreeitiOnt ma • ' *r. : !•.. . , All contractors Must Sign up thrOiighthe:grOinevendor ,registratiOn-PrO6aSStbreCeiie -, all State of Michigan PPYPIPntS as EleCtrOnic Funds Transfers (cFryoiteit. oepbsb as mandated by PA 533of 2004. Vendor registration infOrrnatibri is ivailabtethrough' the Department of Management and Budget's web site • . • fiftp -ifwww.cpexpress_stats.rni.usi • Final Obligations and Financial Status Rebort Reouireciikis:•; 1. Preliminary Close Out Report , ,.. • A. Preliminary Close Out Report,, based on annual _ submitted by the due data 'Using . the format provided by the Departments Accounting Division_ The :Contractor must provide.:an -'eitirriate-:of. total expenditures for the entire agreement period. The information on the',:i4Port will be used to record the Department's year-end atOeuntt 'Payable's' and : receivables for this agreement. . _ , FieirtilitiiiettieritMedhanisM , Reirribui-Seriftint Mechanism . , . Final FSIRS are due sixty (60) days following the end of the fiscal year or agreement period. The final FSR must be clearly Marked 'Final". Final FSRs not received by the due date may result in the less of funding requested on the . • ! Preliminary Close Out Report and may result in the potential reduction in the , Subsequent year's agreement amount. Unobliciated Funds AnY'Unobligated balance of funds held by the Contractor at the end of the agreement period tuill be returned to the Depart-Merit or treated in accordance with instructions provided by the Department. : Ltartiement Terminatiow:; ..• - The Department May cancel this agreement without further liability or penalty to the Department for aril', of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior Written notice upon the failure - of either party to carry out the terms and conditions of this agreement, provided thé'alleged defaulting Party is given notice of the alleged breach and fails to tti4the:,detault .Within the thirty 0(i) day period. , C. This agreement maybe terminated immediately if the Contractor or an official of the . . . . . .Contractor or an owner is Convicted of any activity referenced in Section M.D. of this • agreement during the term of this agreement or any extension thereof. VI. 01141.R6 ortit Should this agreement or a specific project only within this agreement be terminated by either party, the shaU provide the Department jr4,104;(.:itliity (30), days after termination, with all financial Performarice; and Other . reports required as a condition of the agreement.. The Department will make payments to the Contractor for allowable reimbursable obSti not covered by previous payments, other state or federal programs. The Contractor shall irrimediatety refund to the Department any payments or kinds advanced to ' the Contractor in e*Cesi Of allowable reimbursable expenditures_ Any dispute arising as a result of this agreement shall be resolved rfl the State of Michigan7 VII, Severabillty 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 provisionsof 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, DOCISPCMG . • • Fe 16a •- IX, Liability A. All ability to third parties, loss, et damage as a reStill of claim. dernandt, Cost. Or; judgments arising out of activities, such as direct service defiVerY, to be -Carried out by . the Contractor in the performance of this agreement shall beifhe resPonsibilifyof1he: Contractor, and not 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 pp5.0 - Contractor, any subcontractor, anyone directly or indirettly erriiikrie4 by PIO:H :1: Contractor, provided that nothing herein shall be constrijed s a of any" governmental immunity that has been provided to the Contractordr iteeMpleYeeS by: statute or Ceurl decisions. , B. All liability to third parties, loss, or damage as a result of clairris, demands, Costs, judgments arising out of activities, such as the provision of pohcy *.irr procedural direction, to be carried out by the Department in the performanOe this agreetnent shalt be the responsibility of the Department, and net the. resporisibirrty .of , the . - , . , . Contracior, if the liability, loss. or damage is caused by or ariSes out of the action or failure to act an the part of any Department employee or agent, prievided that nothing herein shall be construed as a waiver of any goVemmental immunity by the ;t_ate; fts :E agencies (the Department) or employees as provided by statute or court deciiionsi• . , C. In the event that liability to third parties., loss, or damage arises as e'resultOf activiti conducted jointly by the Contractor and the Department . iri.,fulfilirrient of responsibilities under this agreement,' Such liability, loss, or dernage:Shatio66ifiobic: the Contractor and the Department in relation to each,Party'S,r0pOnSibilitieS .under: these joint activities, Provided that nettling herein shall be construed walkier, of any governmental immunity by the Contractor, the State i its agencies (the.- Department) or their employees, re spectively. as provided bY statute or COurt.. - decisions. X. Conflict of Interest The Contractor and the Department are subject to the provision g'„ Of I Ka, Pk: amended. MCI 15_321 et seq. IvISA 4,1700(1) et seq, and 1671 PA 1§6 -'a MCL 15.341 et sett. MSA 4.1700(71) et seq. Xl. State of Michfiran Airireement This is a State of Michigan Agreement and is governed by the laws of Michigan Any diSpirie arising as a result of this agreement shall he resolved in the State of tilichig6h: . _ XII. Confidentiality Both the Department and the Contractor shall assure that mediCal, services to arid.. information contained in medical records of perSons served tinder this agreement;or Other. . such recorded information required to be held confidential by feder ral or state laW,.rule or . regulation, in connection with the provision of Services or other actiVh tinder this agreernent shall be privileged communication, shall be held confidential, and Shall: nOt b•.diVirlged without the written consent of either the patient or a person respaniible for the Wien( except as may be otherwise required by applicable law or regulation Such infennation rnay be disclosed in summary, statistical, or other form. which does not clirectlY or indirectly identify particular individuals. tnucrozz$ tetcrAgo 06/09441N-11 ROD A EXHIBIT D PRIVACY REQUIREMENTS FOR SUBCONTRACTORS TO MPH! PRIVACY-SENSITIVE PROJECTS Contact Information/Definitions: Privacy-sensitive project: A project may be classified as privacy-sensitive due to applicable federal laws such as HIPAA, because of state or local laws or regulations, or by the MPHI Privacy Panel decision. Privacy- sensitive projects are required to comply with additional and/or maclifie.4:14 -amaachaas and safeguards that are riot normally applied to standard MPHI projects. MPH! Program Contact: Heidi Hilliard Child and Adolescent Health Michigan Public Health Institute 2440 Woodlake Circle Suite 150 Okernos, M1 48864 517-324-733 I hhilliard nip hi .org MPHI Privacy Officer: Kerie Hughes Michigan Public Health Institute 2501 Jolly Road, Suite 180 Okemos, MI 48864 (517) 324-8303 • Maintaining Sccurit-y & Confidentiality of Privacy-Sensitive Data Subcontractor staff working on privacy-sensitive projects will comply with the additional confidentiality and security procedures described below. 1. Controlling Access to Data on Privacy-Sensitive Projects: a. Subcontractor staff will be assigned by the Subcontrac:or to appropriate levels of authorization limiting access to data. These levels of authorization apply to both electronic data and data stored in hardcopy. b. The Subcontractor will maintain a log of who has been granted access to the projcet data, their level of authorization, their role, when access was granted, and when access was changed or revoked. e. Subcontractor staff with access to MPIII data will be required to sign a Confidentiality Agreement annually prior to being granted access to project data or information. Signed and dated copies of these Confidentiality Agreements will be supplied to the MPHI program contact. d. Subcontractor staff will receive training in the Subcontractor's privacy and confidentiality policies and procedures, including any enhanced procedures applicable to MPHI projects. 2. Physical Safeguards to Protect Privacy-Sensitive Data: a. Any paper documents containing processed or unprocessed MPHI data that contains personal identifiers, or data that are broken out at the individual level are subject to the following security measures: i. Documents will not be left in an unattended, unsecured room. ii. If paper documents containing data are out on a desk or an open data file is on the computer screen, unauthorized persons will not be allowed in the room. Unauthorized persons will not be allowed to use a workstation or laptop computer while project data is in use on that workstation. iii. When leaving the office unattended for extended periods, documents must be placed in a locked drawer or safe accessible only to authorized staff members. iv. Document shredding is required for documents containing data that have been superseded and/or determined to be obsolete. All documents will be shredded with a cross cut shredder. 3. Technical Safeguards to Protect Privacy-Sensitive Data: a. MPHI privacy-sensitive data files may routinely be stored on removable media. Removable media must be placed in a locked drawer or safe accessible only to authorized staff members when not in use. b. MPIJI data for privacy-sensitive projects may routinely be stored in "Secure" data folders on servers or hard drives with appropriate firewalls and controlled access. c. MN-II-reserves the right to specify how data will routinely be stored on a project-by-project basis. 4. Sending, Receiving and Transporting MPHI Privacy-Sensitive Data: The data transfer protocols described under this section help to ensure that data are not accessed by unauthorized persons and are neither inadverlently lost nor destroyed. • a. All incoming and outgoing data transfers, regardless of transmission method, will be logged. b. Both paper and electronic MPHI data being retrieved or delivered in person by the Subcontractor must be carried by an authorized staff member and, to the extent practicable, must remain in close physical proximity to that person during the transfer. The staff member must retain . knowledge and control over the data's whereabouts at all times and may not entrust it to any person except an authorized staff member or other person to whom the data are being delivered in compliance with the project workplan or other project needs. c. Both paper and electronic MPHI privacy-sensitive data may be transferred via the U.S. Postal Service. Because tampering with the U.S. mail is a federal offense, this should provide adequate protection for the data when coupled with the use of certified or registered mail (including return receipt, restricted delivery, signature confirmation or other additional services). Any electronic files sent in the mail must be encrypted; password protection alone is not an adequate level of security. Subcontractor will use U.S. Postal Service's registered or certified mail with return receipt service for delivering data or another courier service, such as by United Parcel Service, that offers traceable delivery. For incoming MPHI data, the Subcontractor will require use of courier services that provide tracking information and other security mechanisms similar to those provided by the US Postal Service, and will make every reasonable effort to ensure that project partners comply with secure transfer expectations, including encryption of data •• • d, Subcontractor use of facsimile transfers for confidential MPHI data is strongly discouraged. However, if it is necessary to send outgoing faxes with privacy-sensitive data, Subcontractor staff will maximize the security of the transmission by using a fax cover sheet that clearly identifies the person or entity that should receive the data and clearly states that the remaining pages in the fax contain confidential, privacy-sensitive information. They will also do everything in their control to assure that the intended recipient is at the fax machine at the time of transmission: Staff must request confirmation that the intended person or entity received the fax. For incoming data, Subcontractor will strongly discourrig the lice of faxes and will make every reasonable effort to ensure that project partners comply with secure transfer expectations. e. Electronic data transfers of MPHI data over publicly shared networks, such as email or the Internet, are only permitted when both sender and receiver are using federally approved encryption methods approved by MPHI. The software used to encrypt data should implement a U.S. government approved encryption algorithm called Advanced Encryption Standard (AES). 5. Subcontractor staff that have obtained permission to telecommute while working on an MPHI•privacy- sensitive project are required to follow the procedures detniierl in EXHIBIT D. Disclosing Privacy-Sensitive Data The state and federal laws that apply to the project often rezillRie the cliwincure of privacy-sensitive data. Subcontractor should be familiar with the requirements of applicable laws. Subcontractors must follow guidelines for appropriate disclosure (including disclosure to Clients, project partners, finders, and subcontractors) outlined in the project work plan or other applicable contractual agreements. Report Adverse Events Non-compliant data transfers, inadvertent data disclosures, and non-compliance with any of the security procedures required for privacy-sensitive projects must be reported to the MPHI Program contact and MPH! Privacy Officer immediately and documented as an adverse event. 3 Date Date Date Tracy Y Control 'el., CPA, n Stotenbu m Director i G-09.269-115-504200 MICHIGAN PUBLIC HEALTH INSTITUTE Recommended by Oakland County Health Dept Name: Kathy Forzley Title: Health Officer 6 FISCAL NOTE 04ISC. #09038) March 5, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2009 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.. Funding period is January 1, 2009 thru September 30, 2009. 3. There is no county match or additional positions required. 4. A budget amendment is recommended to the FY 2009 Special Revenue Budget as follows to reflect the grant acceptancel FY2009 HEALTH DIVISION REVENUE 20221-1060201-133150-631869 Reimb. Of Salaries $3,780 $3,780 EXPENDITURES 20221-1060201-133150-702010 Salaries $3,780 $3,780 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gingell, Zack, Coulter and Potter absent. Resolution #09038 March 5, 2009 Moved by Capello supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Cape11o, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter. Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent .Agenda were adopted (with accompanying reports being accepted). 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 March 5, 2009, 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 5th day of March, 2009. 'Gat Ruth Johnson, County Clerk