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HomeMy WebLinkAboutResolutions - 1988.10.27 - 17618Miscellaneous Resolution #_311275 Date October 13, 1988 By: HEALTH AND HUMAN SERVICES COMMITTEE - Susan Kuhn, Chairperson In Re: DEPARTMENT. OF INSTITUTIONAL AND HUMAN SERVICES/AMENDMENT TO 1988 PURCHASE OF SERVICE AGREEMENT BETWEEN THE COUNTIQF QSiAND AND CAMI OAKLAND youTp PROGRAMS, INC. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies, and Gentlemen: WHEREAS, Camp Oakland Youth Programs, Inc., continues to honor its agreement with the County of Oakland regarding care, housing, treatment and maintenance of youth, according to the needs of the youth of Oakland County; and WHEREAS, the utilization of the programs at Camp Oakland has increased significantly since the privatization of Camp Oakland and subsequent purchase of service agreement with the County of Oakland, commencing on July 1, 1987; and WHEREAS, as part of the negotiation for the 1989 agreement, Camp Oakland Youth Programs, Inc., has agreed to waive the 1988 retroactive per diem obligation of Oakland County, as written in the present agreement. NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the amendment to the 1988 agreement between Camp Oakland Youth Programs, Inc., and the County of Oakland to remove the following underlined language (paragraph 4, page 2 of the present agreement), which refers to the retroactive per diem rate: 111 ...Adjustments to the per diem rate shall be determined by the Michigan Department of Social Services and presented to respective • governing boards for approval no later than September 30 of each Year,.1.111 .4.9.1 1.1.3 0.i...t.bALIAar• Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN SERVICES COMMITTEE Y APPROVE THE FOREGOING RF501 t MON present AGREEMENT This Agreement is 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 PROGRAMS, INC. (Camp Oakland), a private non- profit corporation, 930 E. Drahner Road, Oxford, Michigan 48051. WHEREAS, CAMP OAKLAND has a youth program facility in Oxford and is willing 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; THEREFORE, it is agreed between the COUNTY and CAMP OAKLAND as follows: 1. This Agreement shall commence on July 1, 1987 and terminate on December 31, 1988. 2. The COUNTY agrees to utilize and guarantee occupancy for fifteen (15) beds at Boys' Ranch and fifteen (15) beds at Girls' Ranch for a total of thirty 130) beds. CAMP OAKLAND agrees to furnish the same to the COUNTY. 3. The COUNTY agrees to pay for 30 beds, regardless of utilization, at a per diem rate of $85.00 per day, per bed, during 1987. 4. The per diem rate is to be adjusted annually 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, management and general operations of Camp Oakland, plus and adjustment for anticipated inflationary increases for the forth-coming year, adjusted for the expected cost of program modifications, if any, and other factors which both the COUNTY and CAMP OAKLAND deem appropriate. Adjustments to the per diem rate shall be, in part, based on an annual independent audit of CAMP OAKLAND. Said audits are to be conducted annually and completed by August 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 diem rate shall be determined by the Michigan Department of Social Services and presented to respective governing boards for approval no later than September 30 of each year and ku_lo_be retroactive to July 1 of that year. The Department of Human Services, in cooperation with the Department of Management and Budget of Oakland County, will be responsible for negotiating any per diem increase on behalf of the COUNTY, 5. The COUNTY may utilize beds at Work Education at the per 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 OAKLAND shall bill the COUNTY monthly. Payments shall be made no later than thirty (30) days after receipt of the billing. 7. CAMP OAKLAND agrees to accept 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 such placement is not in the best interest of the youth and/ or CAMP OAKLAND, it shall have the right to refuse such placement. 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 occupied by a non-Oakland County child. The bed(s) occupied by non-Oakland County placed children will become available for the COUNTY upon a determination by CAMP OAKLAND that treatment has been completed for , said children. 9. Program changes (if any) are to be determined by CAMP OAKLAND. Changes shall not be implemented prior to consultation with the Oakland County Probate Court, the Department of Human Services and the Department of Management 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 OAKLAND, 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 form comprehensive general liability, including personal injury coverages (i.e. libel, slander, false arrest) and including incidental medical malpractice; auto fleet coverage for non-owned and/or hired vehicles and for any vehicles donated to CAMP OAKLAND; directors and officers errors and omissions; medical malpractice, if applicable. The COUNTY shall appear as an additional named insured. 11. CAMP OAKLAND is at all times pertinent to this Agreement, an independent contractor and as such, must maintain its own Workers Compensation and other programs for the benefit of its employees as it shall consider appropriate. No rights or liabilities arising from an employer/employee relationship shall arise to either party to this Agreement. 12. The COUNTY agrees to furnish purchasing services to CAMP OAKLAND. All items ordered and received by CAMP OAKLAND through the COUNTY'S Purchasing Department - shall 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 beyond that charged COUNTY departments and/or operations. 13. This Agreement supercedes all previous agreements and/ or funding between the COUNTY and CAMP OAKLAND. All daily costs associated with the care of youths at Boys' and Girls Ranch, including operational 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. NITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: Roy Rewold, Chairperson Board of Commissioners By: Daniel T. Murphy, County Executive CAMP OAKLAND YOUTH PROGRAMS, INC., a Private Non-Profit Corporation By: Gary J. Baumann, President, Board of Directors October 27, 1988 FISCAL NOTE BY: FINANCE COMMITI1E, DR, G. WILLIAM CADDELL, CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/AMENDMENT TO 1988 PURCHASE OF SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CAMP OAKLAND YOUTH PROGRAMS, INC., MISCELLANEOUS RESOLUTION #88275 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mt. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #88275 and finds: 1) Miscellaneous Resolution #88118 amended the agreement with Camp Oakland by changing the retroactive date from January 1 to July 1 for per diem charges for Boys Ranch and Girls Ranch; 2) Miscellaneous Resolution #88275 approves an amendment to the current agreement for the period July 1, 1987- December 31, 1988; 3) The amendment removes the language in the agreement which requires Oakland County to pay Camp Oakland any retroactive increase; 4) The new per diem rate effective January 1, 1989 (as set by the State) has been determined to be $93.77 per day, per bed, or an increase of $8.77 over the old rate; 5) The amendment results in an estimated savings of $48,410 in anticipated retroactive charges; 6) These savings in retroactive charges will be offset by an increase in cost due to the number of placements in Work Education (original estimate: 5 placements, actual average: 6.17 placements); 7) Amendments to the 1988/89 Biennial Budget are not required. FINANCE COMMIT= --, 7G, William Caddell, Chairperson fncarrp LYNN D. ALLEN, County Clerk . _ Register of Deeds RESOLUTION # 88275 October 27, 1988 Moved by Susan Kuhn supported by Crake the resolution (with a positive Fiscal Note attached) be adopted. AYES: Luxon, McConnell, McDonald, A. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Gosling, Jensen, R. Kuhn, S. Kuhn, Lanni, Law. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution 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 copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on October 27 , 19 88 with the original record thereof now remaining on file 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 27th day of October , 1988