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HomeMy WebLinkAboutResolutions - 1983.08.18 - 11446Miscellaneous Resolution 83244 August 18, 1983 BY: HEALTH AND HUMAN RESOURCES COlVITTEE -Marilynn E. Gosling, Chairperson IN RE: REIMBURSENIENT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH AND THE OAK= COUNTY II= DIVISION 1983 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chailman, Ladies, and Gentlemen: WHEREAS under an agreement between the State of Michigan and the Oak- land County Health Division, the State will reimburse the Oakland County Health Division for environmental evaluations and inspections of facilities licensed by the Department of Social Services; and WHEREAS inspections and evaluations will be conducted and the program operated in accordance with the procedures established for this program by the Michigan Department of Public Health; and WHEREAS reimbursement is based. on the Oakland County Health Division's calculated rate per hour for environmental health services multiplied by the num- ber of hours provided for direct environmental health services; and WHEREAS the ongoing financial pressures on the State of Michigan have reduced. the current appropriation to the extent that Oakland County will be reim- bursed for 75.5% of the projected maximum program cost; and WHEREAS the current appropriation will limit the state reimbursement to a maximum of $30,298 or 75.S% of total projected costs; and WITEITAS estimated revenues from this agreement have been included in the 1983 adopted budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board. of Commis- sioners authorizes the Board Chairman to sign this reimbursement agreement cover- ing the period from January 1, 1983, through December 31, 1983, on behalf of the local governing entity. BE IT FURTHER RESOLVED that the signing of this agreement does not waive any rights of the County of Oakland as to its rights and remedies under the Headlee Amendment and Public Health Code, Mr. Chairman, on behalf of the Health and Human Resources Committee, I move the adoption of the foregoing resolution. AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH .,teii.)Lcd to az the "nal.xult" AND OAKLAND COUNTY HEALTH DEPARTMENT heite,,ErzaliteA fLe...6aAA.c.fl to ais the "krylcun ) FOR , Environmental Health Inspections of Adult and Child Care Facilities Licensed By the Michigan Department of Social Services. I. PURPOSE: To provide funding for environmental health inspections of facilities to be licensed by the Michigan Department of Social Services. . II. OBJECTIVES: The primary objectives of the agency's environmental health inspection program under this agreement are: A. To ensure a safe and healthful environment for individuals occupying these facilities through provision of effective environmental health inspections. B. To effect timely responses to requests for inspections. C. To provide effective follow-up investigations. The agency will ensure the availability of inspection services to all Michigan Department of Social Services' licensed facilities within its jurisdiction through the utilization of trained and competent per,sonnel. Inspections will be conducted and the program operated in accordance with the procedures established for this programTincluding Appendices A - W). III. PROGRAM BUDGET AND AGREEMENT AMOUNT: The payment for environmental health inspections of the Michigan De- 'partment of Social Services licensed facilities under the terms of this - agreement may not exceed $62.09 per hour for services provided between January 1, 1983 ) and December 31, 1983, with a maximum of $ 30,298.00 provided by the state. (This maximum amount may be increased through the redistribution outlined in paragraph two of this section.) Funding for the state share of $30,298.00 will be provided from 1982-83 and 1983-84 state appropriations, subject to theavailability of funds. The state provided funds from 1982-33 shall be $22,842.00_ through September 30, 1983, with a final adjustment based upon •a. statewide -ratio of available 1982-83 funds to actual allowable local expenditures for January 1, 1983, through September. 30, 1983. The allocation of these funds shall be at the discretion of the Department, The balance of state funding is anticipated to come from 1983-84 appropriations. The Department will notify the agency of the availability of funds for the period of October 1, 1983, through December 31, 1983, when 1983-24 appropriations are finalized. -2- IV. RESPONSIBILITIES - AGENCY: The agency, in accordance with the general purposes and objectives of this agreement, will A. Conduct investigations and make reports on Michigan Department Of Social Services' licensed facilities in accordance with Appendices A - U. B. Provide the necessary administrative professional and technical staff for operation of the program. C. Utilize .standard records and recording forms as prescribed . by the Department. Service. summaries accompanied by necessary and appropriate service data shall be prepared and submitted to the Department, Environmental Health Services Division, on a monthly basis not later than the tenth (10th) of the following month. D. Provide information as required by the Department that will enable. the Department to obtain reimbursement for support from all available fund sources and to evaluate program • performance. E. Maintain adequate program and fiscal records and files including source documentation to support program activities and expenditures made under the terms of this agreement, as required. F. Provide access to authorized representatives of the Department, the Michigan Department of Social Services, and the Comptroller General of the United States, or any of their duly authorized representatives, to all records, files, and documentation related to this agreement. G. Not charge fees for services Tendered under this agreement. H. Participate in administrative or court hearings to provide expert testimony in respect to environmental health issues in accordance with Act 218, Public Acts of 1919, as mended, Act 116, Public Acts of 1973, as amended, and Act 280, Public Acts of 1939, as amended. Preparation for hearings may require on-site reinspections. I. 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 the submission of the final expenditure report or until audit findings have been resolved. 3_ Assure that all applicable federal and state 'laws, guidelines, rules, and regulations will be complied with In carrying out the terms of this agreement including submission of a copy of any audit report related in whole or part to this program. K. Assure that all procurement tran s actions, whether negotiated or advertised, shall be conducted in a manner so as to provide maximum open and free competition and that records sufficient -3- to document the significant history of a procurement are maint a ined for all procurements for a minimum of three years after the end of the agreement period. . RESPONSIBILITIES - DEPARTMENT: The Deparnt, under the terms of this agreement, wil -L A. Provide staff for appropriate program and administrative consultation. B. Assist in the training of program staff, C. Provide payment in accordance with this agreement in an amount not to exceed $_30,298.00 based upon appropriate reports, records, and documentation maintained by the agency and confirmed by the Department and'in accordance with Appendices V and W. Otiiea (ita required for ev'a.luation and operation of the pro- and assist the agency in identifying and securing the Provide any special reports and reporting formats required by the n:partifient and the Michigan Department of Social Services for •pration of this program. VI. ASSURV In coca iance with Title VI of the Civil Rights Act of 1954 and the Peu.J1Jrs of the US. Department of Health and Human Services issued and Section 504 of the Rehabilitation Act of 1973, and the Rules e:f the Michigan Civil Rights Commission: ' The assures that, in carrying out this program, no person shall be exc Thj from participation, denied any bPnefits, or subjected to discriHinJ!tion on the basis of race, creed, age, color, national origin or anc,HIry, religion, sex, or marital status (except where hone fide occupaieni?.1 qualification exists). This policy of nondiscrimination shall also apply to otherwise qualified handicapped individuals. VII. PAYMENT PF.0 -Reimburnt will be calculated and made by the Department on a . quarterly 'oasis from the service summaries and inspection reports sub- mitted by the agency. The amount of reimbursable time will be determined by multiplying the total number of submitted partial inspection reports by one hour and the total number of submitted full inspection reports by two hours. The total calculated hours will then be multiplied by the reimbursement rate determined by Appendix V. VIII. AGREEMENT PERIOD: This agrent is in full force and effect from January 1, 7933, through December 31, 1983. This agreement may be terminated by either party by giving sixty (60) days written notice to the. other party stating • the reasons for termination and effective dte or, upon the failure of either party to carry out the terms of the by giving ten . (10) days written notice to the other party stating cause and effective RFS: X. SPEC: FICATTON: Signature Title Date Signature Title date. The Department may also terminate this agreement if the agency, or a subcontrctor, manufacturer, or supplier of the agency is sub- seque_ntly found to engage in unfair labor practices. The Michigan Da- partmmit of LThor pursuant to Section 2 of the Public Act 278 of IPSO shall those employers who are engaging in unfair labor practices. Upon any such termination, any funds not authorized for use shall be returned to The Department. Any c and ac IX. INDENNII to this agreement will be valid only if made in writing d by all parties to this agreement. CsIV The agency agrees to indemnify, defend, and hold harmless the State of Michijan Pppartment, and any other subdivision, officer, agent or nf the State of Michigan from any and all claims or losses which arise from the implementation of this agreement or from any action omission by the agency, subcontractor, its employees or agents whih fl::-','orming under this agreement. The Th&vidual or officer signing this agreement certifies by their that they are authorized to sign this agreement on behalf of the governing board, official, or agency. XI, FOR Title Date FOR THE TENT: RECOMMENDED BY: Date this 18th day of August 198_3 #83244 August 18, 1983 Moved by Gosling supported by Nelson the resolution be adopted. AYES: R. Kuhn, S. Kuhn, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Wilcox, Aaron, Caddell, Doyon, Foley, Fortino, Gosling, Hobart, Jackson. (22) NAYS: Calandro. (1) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk oi the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution #83244 adopted by the Oakland County Board of Commissioners at their meeting held on August 18, 1983. with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan LYNN Di(ALLE, County Clerk/Register of De