Loading...
HomeMy WebLinkAboutResolutions - 1991.11.21 - 18574Miscellaneous Resolution # 91241 Date: November 7, 1991 By: PUBLIC SERVICES COMMITTEE - Ruth Johnson, Chairperson In Re: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CAMP OAKLAND YOUTH PROGRAMS, INC. --- 1992 AND 1993 PURCHASE OF SERVICE AGREEMENT AND NEW PER DIEM RATES, INCLUDING ADDITIONAL DAY STUDENT CAMPUS. 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 agreements with Oakland County, commencing on July 1, 1987, on January 1, 1989, and again on January 1, 1990, regarding care, housing, treatment and maintenance of youth, according to the • needs of the youth of Oakland County; and WHEREAS, Oakland County has continued to renew the agreements with Camp Oakland Youth Programs, Inc., because of conditions mutually advantageous and agreeable to the parties; and WHEREAS, Camp Oakland Youth Programs, Inc., has met the qualifications for a Child Caring Agency license and a Child Placing Agency license from the State Department of Social Services; and WHEREAS, Camp Oakland Youth Programs, Inc., has additionally served the youth of Oakland County with a cost-saving Day Student Program and will increase capacity of that program with the addition of a new twenty (20) slot campus at Walled Lake; and WHEREAS, the State of Michigan Department of Social Services sets per diem rates based on 12 months of actual cost, before establishing a new per diem rate; and WHEREAS, Camp Oakland Youth Programs, Inc. has negotiated the present agreement with Oakland County, based on actual per diem rates; 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, before presenting to respective governing boards for approval. NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the agreement between The County and Camp 07,k1Prid Youth Programs, Inc., under the terms attached, for the present Day Student Program and the addition of a twenty (20) slot Day Student campus at Walled Lake, commencing on January 1, 1992 and terminating on December 31, 1993. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rate from $42.00 per day, per slot, to $52.69 per day, per slot, for the entire Day Student Program, beginning January 1, 1992 and ending December 31, 1993, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a separate Family Services rate of $7,00 per day, per Day Student. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption -of the foregoing resolution. PUBLIC SERVICES COMMITTEE '.7;7)urtty AGREEMENT This Agreement is made this day of between the COUNTY OF OAKLAND, (County), a Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341, and CAMP OAKLAND YOUTH PROGRAMS, INC. (Camp Oakland), a private non-profit corporation, P.O. Box .9, Oxford, Michigan 43371. 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, 1992 and terminate on December 31, 1993. 2. The COUNTY agrees to utilize twenty (20) slots in the Day Student Program, Oxford Campus and twenty (20) slots in the Day Student Program, Walled Lake Campus and 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 $52.69 per day, per slot, for the Day Student Program, Oxford Campus, provided, however, in the event actual utilization is below twenty (20) slots, the COUNTY will pay the per diem rate of the unutilized slots up to a maximum of twenty- five (25) care days per month. 4. The COUNTY agrees to pay, based upon actual utilization, at a per diem rate of $52.69 per day, per slot, for the Day Student Program, Walled Lake Campus, provided, however, in the event actual utilization is below twenty (20) slots during the first 60 calendar days, the COUNTY will pay the per diem rate of the unitilized slots at 100%, in consideration for start-up and staff training expenses. 5. Beginning the sixty-first (61st) day of the Day Student Program, Walled Lake Campus, the COUNTY will pay the per diem rate of the unutilized slots up to a maximum of twenty-five (25) care days per month. 6. The COUNTY agrees to pay, based upon actual utilization, for Family Services for all students in the Day Student Programs at a per diem rate of $7.00 per day, per Day Student. No payment will be made for unutilized slots. 7. 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 Day Student Program, 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 October 30 of the year following expenditure. The cost of such audit will be included in the cost of operating the Day Student Program. Adjustment to the per diem rate shall be determined by the COUNTY and CAMP OAKLAND YOUTH PROGRAMS, INC., and presented to respective governing boards for approval no later than October 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. 8. CAMP OAKLAND shall bill the COUNTY monthly. Payments shall be made no later than thirty (30) days after receipt of the billing. 9. CAMP OAKLAND agrees to accept referrals from Children's Village, OAKLAND COUNTY DEPARTMENT OF SOCIAL SERVICES and direct referrals from Probate Court for OAKLAND COUNTY, provided that each referral shall he 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. 10. If one or more of the slot(s) covered by this contract is unoccupied, CAMP OAKLAND may, after confirmation that the COUNTY will not fill the empty slot(s) within fourteen (14) days, fill such slot(s) with children from other sources. 11. Nothing herein shall effect the COUNTY obligation to pay for unutilized beds as provided in paragraphs three (3), four (4), five (5) and six (6) of this Agreement, unless slots are utilized by another non-Oakland County source. 12. 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 (including Oakland County Department of Social Services) and the Department of Management and Budget. 13. 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. 14. 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. 15. 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. 16. This Agreement, in combination with the Residential Care Agreement for 1991-93, amends all previous agreements and/or funding between the COUNTY and CAMP OAKLAND. All daily costs associated with the care of youths in the Day Student Program, -including operational costs, salaries, maintenance, and repairs, are included in the prevailing per diem rate. 17. This Agreement may be terminated by either party for reasonable cause upon ninety (90) days written notice. 18. This Agreement may be renewed upon terms and conditions mutually advantageous and agreeable to the parties. porleV14 °N. :y Obted 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 Date Date Date November 21, 1991 FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CAMP OAKLAND YOUTH PROGRAMS, INC. - 1992 AND 1993 PURCHASE OF SERVICE AGREEMENT AND NEW PER DIEM RATES, INCLUDING ADDITIONAL DAY STUDENT CAMPUS - MISCELLANEOUS RESOLUTION #91241 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 #91241 and finds that the per diem rate increase and additional day student slots are included in the 1992/1993 Biennial Budget Recommendation. FINANCE COMMITTEE i\tim\ihs\camprate Resolution # 9124J November 21, 1991 Lynnyü. Arlen, County CTerk Moved by Johnson supported by Serra the resolution - be adopted. Mrs. Gosling stated she would abstain from voting because she serves on the Camp Oakland Board. The vote was as follows: AYES: PAPPAGEORGE, Pernick, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen; Palmer. (23) NAYS: None. (0) ABSTAIN: Gosling A sufficient majority having voted therefor, the resolution was adopted. Discussion followed regarding conflict of interest and abstention of voting. Moved by Pappageorge supported by Olsen the Board reconsider the vote on the resolution. A sufficient majority having voted therefor, the motion to reconsider carried. Vote on resolution: AYES: Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon,' Jensen, Johnson, Krause, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn 0. Allen, 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 November 21, 1991 with the on record thereof now iemaining—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 21st . day ,zry November „4 1 9 91 n•n