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HomeMy WebLinkAboutResolutions - 1988.10.27 - 17619Miscellaneous Resolution if. 88?76 Date October 13, 1988 By: HEALTH AND HUMAN SERVICES COMMITTEE - Susan Kuhn, Chairperson In Re: BEEARIMENTLAT_IBSTITUTIONAL AND HUMAN SERVICES/CAMP OAKLAND YOUTH PROGRAMS INC. --- 1989 PURCHASE OF sERMENREEMEHTAID_NEw PER DIEM RATES. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies, and Gentlemen: WHEREAS, under authority of Miscellaneous Resolution # 87121, Camp Oakland Youth Programs, Inc. entered into an agreement with Oakland County, commencing on July 1, 1987, regarding care, housing, treatment and maintenance of youth, according to the needs of the youth of Oakland County; and WHEREAS, the agreement may be renewed upon terms and conditions mutually advantageous and agreeable to the parties; 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. has negotiated the present agreement with Oakland County, based on interim per diem rates; and WHEREAS, the State of Michigan has set a new per diem rate for the Camp Oakland Programs, after having received the audit of August, 1988; and WHEREAS, the Department of Institutional and Human Services, in cooperation with the Department of Management and Budget of Oakland County is responsible for negotiating any per diem increase on behalf of the COUNTY; and WHEREAS, adjustments to the per diem rate and/or negotiation of new agreements must be presented for approval to the respective governing boards, NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a renewal of the attached agreement between the County and Camp Oakland Youth Programs, Inc., commencing on January 1, 1989 and terminating on December 31, 1989. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rates of Boys' Ranch and Girls' Ranch from $85.00 per day, Per bed, to $93.77 per day, per bed, beginning January 1, 1989. Purchase of Service Agreement -Camp Oakland October 13, 1988 -Page 2 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rate of the Work Education Program from $112.08 per day, per bed, to $125.08 per day, per bed, beginning April 1, 1989. 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 RESOLUTION 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 January 1, 1989 and terminate December 31, 1989. 2. The COUNTY agrees to utilize fifteen (15) beds at Boys Ranch and fifteen (15) beds at Girls' Ranch for a total of thirty (30) beds. CAMP OAKLAND agrees to furnish the same to the COUNTY. 3. The COUNTY agrees to pay, based upon actual utilization, at a per diem rate of __1.22,22__ per day, per bed, during 1989; provided, however, in the event actual utilization is below 30 beds, the COUNTY will pay the per diem rate of the unutilized beds up to a maximum of 3. beds. 4. The per diem is to be adjusted annually. 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 an 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 September 15 of the year following expenditure. The cost of such audit will be included in the cost of operating the Ranch programs. Adjustment 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. 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.cmay 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 cohtract is unoccupied, CAMP OAKLAND may, after confirmation that the COUNTY will not fill the empty bed(s) within fourteen (14) days, fill such bed(s) with children from other sources. Nothing herein shall effect the COUNTY obligation to pay for unutilized beds as provided in paragraph three (3) of this Agreement. 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(s) of insurance with the following coverages: Broad Form Comprehensive General Liability, including personal injury coverage (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. Each type of liability insurance will have a minimum of $1,000,000.00 combined single limit (CSL) per occurrence and $1,000,000.00 annual aggregate. 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 CARP 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 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. WITNESSES: 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 COMMITTEE, DR. G. WIITIAM CADDELL, CHAIRPERSON IN RE: INSTITUTIONAL & HUMAN SERVICES / CAMP OAKLAND YOUTH PROGRAM, INC. 1989 PURCHASE OF SERVICE AGREEMENT AND NEW PER DIEM RATES, MISCELLANEOUS RESOLUTION #88276 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 #88276 and finds: 1) The resolution approves renewal of the purchase of service agreement with Camp Oakland Youth Programs, Inc., for the period January 1 - December 31, 1989; 2) The resolution also approves the new per diem rates as set by the State as follows: $93.77 per day, per bed, effective January 1, 1989, for Boys Ranch and Girls Ranch and $125.96 per day, per bed, effective April 1, 1989, for the Work Education Program; 3) Funding in the amount of $1,208,384 for the 1989 agreement has been appropriated in the 1988/89 Biennial Budget; 4) Total cost for the 1989 agreement is estimated to be $1,302,742, for an increase of $94,358 over the budgeted amount, Of this increase, $52,330 is due to the increased number of placements at Work Education; (original estimate: 5 beds, actual average: 6.17 beds). The balance of increase ($42,028) is due to the per diem rate increase. 5) Renewal of the agreement does not obligate the County to any future commitment; 6) The resolution should be amended in the second BE IT FURTHER RESOLVED paragraph to change the new Work Education per diem rate from $125.08 to $125.96 as revised by the State of Michigan; 7) The 1988/89 Biennial Budget should be amended as follows: 1988 1989 4-29210-161-01-00-3591 Private Institutions Appropriation $ -0- $ 94,358 4-10100-909-01-00-9900 Contingency Appropriation -0- (94,358) $ -0- $ -0- XINAIVEMMMITTEE 7./ 1Th ' TGWil1i ãddTT, CERT-156f§a6 RESOLUTION # 88276 October 27, 1988 Moved by Susan Kuhn supported by Crake the resolution (with a positive Fiscal Note attached) be adopted. Moved by Susan Kuhn supported by Crake the resolution be amended as recommended in the Fiscal Note. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: McConnell, McDonald, A. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Aaron, Caddell, Calandro,, Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni,Luxon. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, 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 on 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 , .198% LYNN' D. ALLEN, County Clerk Register of Deeds