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HomeMy WebLinkAboutResolutions - 1988.05.26 - 17576Miscellaneous Resolution # 88118 May 12, 1988 BY: HEALTH & HUMAN SERVICES COMMITTEE-Susan G. Kuhn,Chairperson RE: CAMP OAKLAND YOUTH PROGRAMS, INC.-AUTHORIZATION FOR CHANCES IN AGREEMENT WITH THE COUNTY OF OAKLAND (FISCAL YEAR, AUDIT DATE, PER DIEM RATE & CLARIFICATION) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairerson, Ladies, and Gentlemen: WHEREAS, Camp Oakland Youth Programs, Inc. entered into an agreement with Oakland County, commencingon July 1, 1987 regarding care, housing and maintenance of youth, according to the needs of the youth of Oakland County; and WHEREAS, the State of Michigan Department of Social Services sets per diem rates based on 12 months of actual cost under an interim per diem rate, before establishing a new per diem rate; and WHEREAS, Camp Oakland Youth Programs, Inc. cannot establish 12 months of actual costs until July 1, 1988, and, therefore, cannot produce an independent audit of such costs until August 30, 1988; and WHEREAS, the State of Michigan cannot establish a new per diem rate until September, 1988, with which Camp Oakland would nectiate its adjusted per diem rate with the County of Oakland, and WHEREAS, the agreement between Camp Oakland Youth Programs, Inc., and the County of Oakland, names (section 4. of agreement) the date of 1988, and WHEREAS, Miscellaneous Resolution 1187121 of June 11, 1987, has caused misinterpretation of the purchase of beds in the work education program by stating the average number of wards placed to be five (5). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes a change in the fiscal year of Camp Oakland Youth Programs, Inc., to July 1 through June 30, beginning July 1, 2987. BE IT FURTHER RESOLVED that the Oakland County Board of retroactivity of the adjusted per diem rate to be January 1, Commissioners authorizes Camp Oakland Youth Programs, Inc., to change AGREEMENT This Agra made this day of between the COUNTY OF OAKLAND, (County), a Michigan Constitutional Corporation, 1200 N Telegraph Road, Pontiac, Michigan 48053, and CAMP OAKLAND YOUTH PROGR1M, INC. (Camp Oakland), a private non profit corporation, 930 E. Drahner Road, Oxford, Michigan 48051. CAMP OAKLAND has a youth program facility in Oxford and is wiilir to accept youths from Oakland County for care, housing and maintenance; and WHEREAS, the COUNTY has a need for the care, housing and maintenance of such youths; , it is agreed between the COUNTY and CAMP OAKLAND as follows: 1. This Agreement shall commeraa on duly 1, 1987 and terminate on 7e-aember 31, 1=!•. 2. The COUNTY agrees to utilize and guarante for fifteen (15) beds at Boys Ranch and fiften (15) beds Ranch for a total of thirty (30) beds. CAMP OAKLAND aorees to furnish the same to the COUNTY, 3. The COUNTY a7aaaa to pay for 30 beds, regardless of utilization, a: a per diem rate of $85.00 per day, per bed, during 1987. 4. The per diem rate is to be adjuste ,:l.a3.aaally commencing with 1988. Adjustments to the per diem rate are to be based on actual total cost of providing care in the Ranch programs the previous year, including direct and indirect costs of administration, ,gement and general operations of Camp Oakland, plas 77'71 adjustment for anticipated inflationary incaa -7 c)t- the forth-coming year, adjusted for the expected cost of program modifications, if any and other factors which both the COUNTY and CAMP OAKLAND deen rate. Adjustments to the per diem rate sa21 be, in part, :nal based on an annual indeinnenee audit of CAMP OAKLAND. Said audits are to be cenaacted annually and completed by Ruc t 30 of the year following expenditures. The cost of such audit will be included in the cost of operating the Ranch programs. Adjustments to the per kt -ip rate ahall be determined by the Michigan Depar.' . ' ,f Feeiel Services and presented to respective governing boards fo no later than September 30 of each year and ar o be retroactive to July 1 of that year, The DeneJet of Human Services, in cooperation with the DeparLioent of Management and Budget of Oakland County, will reseeeeible for negotiating any per diem increase on beh7f of the COUNTY, 5, H COUNTY may utilize beds at Work Education at the diem rate then in effect as determined by the Michigan Department of Social Services. Utilization of Work Education beds is in addition to beds at Boys' and Girls Ranch. 6. CAMP C:7.K 7-t77.7 -reU bill the COUNTY monthly, Payments shall be Tre* ee later than thirty (30) days after receipt of the billing. 7, CAMP OAKLAND ageees te referrals from Children's Village as permissible by law and direct referrals by the Probate Court for OAKLAND COUNTY, provided that each referral shall be evaluated by CAMP OAKLAND staff and further, that if in the staffs' judgment senll placement is not in the best interest of the yennh and/ or CAMP OAKLAND, it shall have the right to refuse such plecement, 8. If one or more of the bed(s) covered by this contract is unoccupied, CAMP OAKLAND may, after confirmation that the COUNTY will not fill the empty bed(s) within thirty days (30), fill such bed(s) with children from other sources. The COUNTY will be credited 80% of the then effective per diem rate for each day each bed is 7, by a non-Oakland etild. The b Agreemr ctor and as such, must by nn-Oakland 7.eeety placed children will become avail ! for the COUNTY upon a determination by CAMP OAKLAND that treatment has been,completed for said c*:Idren. 9. Program changes (if any) are to be deteresiee Ls' CAMP OAKLAND. Changes shall not be implemente prior to consultation with the Oakland County Probate Court, the Department of Human Services and the Department of eeeement and Budget. 10. CAMP OAKLAND agrees to indemnify and hold the COUNTY harmless from any and all liability, suits and damages arising from the actions or omissions of CAMP OTIKLARD, its officers, agents and employees, CAMP OAKLAND shall purchase a policy of insurance with the following coverages: One Million ($1,000,000.00) dollars combined single limit per occurrence and One Million ($1,000,000.00) dollars aggregate for broad foreJ comprehensive general liability, including pereese injury coverages (i.e. libel, slanders false arrest) and including incidental medical malpractice; auto fleet coverage for non-owned anese•r hired vehicles and for any vehicles donated to CM? .:IRKLAND; directors and officers errors and omissions; medical malpractice, if applicable. The COUNTY shall ea7e.en as an additional eeee iasured, CAMP OAKLAND is r:t all times pertinent to this OC maintain its own Workers Ceeensation and -- programs for the benefit of its employees as it shall consider appropriate, No rights or liabilities ar an employer/employee relationship shall arise to either party to this Agreement. Tbc COUNTY agrees to furnish purchasing services to CAMP OAKLAND. All items ordered and received by . CAMP OAKLAND through the COUNTY'S Pu hall be paid by CAMP OAKLAND within thirty (30) days of receipt of invoice from the COUNTY, There shall be no additional charge to CAMP OAKLAND for this purchasing service t1it charg FJNTY departments and/or op.--,..atLons, 13. This Agreement superc.::--- all previous agreements and/ or funding between the COUNTY and CAMP OAKLAND, All daily costs associated with the care of youths a and Girls' cludin7 -7-777tional costs, salaries, maintenance, repairs, are included in the prevailing per diem rate. 14. This Agreement may be terminated by either party for reasonable cause upon ninety (90) days written notice. 15. This Agreement may be renewed upon terms and conditions mutually advantageous and agreeable to the parties, COUNTY OF OAKLAND, a Michigan Contitutional Corporation By: Roy Rewold, Chairperson Board of Commissioners By: Daniel T, County ElKtIve CAMP OAKLAND YCUTH PROGRA' INC,, a Private Non-Profi'7 Corporation By: Gary J, Baumann, President, Board of Dire FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WI -U.1AM CADDELL, CHAIRPERSON IN RE: CAMP OAKLAND YOUTH PROGRAMS, INC. - AUTHORIZATION FOR CHANGES IN AGREEMENT WITH THE COUNTY OF OAKLAND (FISCAL YEAR,AUDIT DATE, PER DIEM RATE AND CLARIFICATION)- MISCELLANEOUS RESOLUTION # 88118 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution # 88118 and finds: 1) The County of Oakland is currently charged an interim rate by Camp Oakland Youth Programs at $85.00/day as agreed upon in resolution #87121; 2) The current agreement between the County of Oakland and Camp Oakland allows Camp Oakland to Charge Oakland County revised rates retroactive to January 1; 3) The proposed agreenent would allow Camp Oakland to charge the County of Oakland retroactive to July 1; 4) A change in fiscal year for Camp Oakland would have an affect on the first year retroactive charges to Oakland County, (which, would result in a retroactive charge for three nonths rather than nine months); 5) The state reviews each institutions audited records, therefore, in future years, total costs would not be affected (only cash flow or timing of payments to Camp Oakland); 6) A change in fiscal year brings the setting of per diem rates in line with the state program; 7) No Budget Anendments are necessary at this time. 8) Amendments to the agreement to adjust the per diem rate requires approval by the Board of Commissioners. 9) For clarification, the third and fourth RESOLVED paragraphs should be amended to read as follows: fnc amp BE IT FURTHER RESOLVED that upon completion of the annual audit, a revised per diem rate as determined by the State will be submitted to the Oakland County Board of Commissioners for approval and for incorporation into the agreement between Oakland County and Camp Oakland Youth Programs, Inc., no later than September 30 of each year. BE IT FURTHER RESOLVED that, upon approval of the new per diem rate by the Board of Commissioners, rate adjustments are to be retroactive to July I of the fiscal year following the audited expenditures. Mt. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITIEE the annual completion date for independent audit to August 30, begin- ning with the July 1, 1987 through June 30, 1988 fiscal year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes Camp Oakland Youth Programs, Inc., to make adjustments in the per diem rate, with negotiation and presentation to respective governing bodies no later than September 30, beginning with the fiscal year July 1, 1987 through June 30, :1988. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes Camp Oakland Youth Programs, Inc., to change the terms of the agreement with the County of Oakland regarding fact that adjustments to the per diem rate are to be retroactive to July 1 of the fiscal year following the audited expenditures. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners clarifies that the number of court wards who may receive services at Work Education is not limited to five (5). Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN SERVICES COMMITTEE )1NG RESOLUT 26th day of May iaier 1588 ALLLN, County Clerk/ _ ister of 1 Resolution # 88118 May 26, 1988 Moved by Susan Kuhn supported by Pernick the resolution, with the amended Fiscal Note, be adopted. AYES: Caddell, Crake, Doyon, Gosling, Hobart, R Kuhn, S. Kuhn, Lanni, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution (with the amended Fiscal Note attached) was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed ropy of the attached Resolution which was adopted by the Oakland County Board of Commissioners at a regular meeting held on May 26, 1988 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 this