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HomeMy WebLinkAboutResolutions - 1991.11.07 - 18608October 24, 1991 MISCELLANEOUS RESOLUTION # 91 231 BY: PUBLIC SERVICES COMMITTEE - RUTH A. JOHNSON, CHAIRPERS:N 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 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 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 license from the State Department of Social Services; 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. 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., under the terms attached, commencing on January 1, 1992, and terminating on December 31, 1993. Agency BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rates from $98.61 per day, per bed, to $102.00 per day, per bed, to include Boys' Ranch, Girls' Ranch, and Adams House residential programs; and a per diem rate of $32.20. per day, per occupied slot and not to exceed 12 slots, for supervised independent living in the community, beginning January 1, 1992, and ending December 31, 1993. 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 $131.69 per day, per bed, to $135.13 per day, per bed, beginning April 1, 1992, and ending December 31, 1993. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE /201/9/ ate By: Robert P. Locey, M.D.; MTP Director, Department o Institutional and Humlii-arervices By: Stan Fayne, Director, - Risk Management County of Oakland CONTRACT REVIEW SHEET I have reviewed the enclosed proposed agreements between THE COUNTY OF OAKLAND and CAMP OAKLAND YOUTH PROGRAMS, INC., and find that the contents are suitable to meet the requirements and intent of OAKLAND COUNTY. WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation /6/7/9/ Date Z) By: Date ; Date Russ Märtin, Director, Department of Management and Budget John,' Ross, Corporation Counsel couney of Oakland 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 48371. 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 fifteen (15) beds at Boys' Ranch, fifteen (15) beds at Girls' Ranch, and eight (8) beds at Adams House Independent Living Program, two (2) of which are respite beds, for a total of thirty-six (36) residential beds. The County also agrees to utilize twelve (12) Supervised Independent Living slots in the Community, supervised by CAMP OAKLAND as an extension of Adams House Independent Living program. CAMP OAKLAND agrees to furnish all of above beds to the COUNTY. 3. The COUNTY agrees to pay, based upon actual utilization, at a per diem rate of $102.00 per day, per bed, for the residential care programs at Girls' Ranch and Boys' Ranch provided, however, in the event actual utilization is below thirty (30) beds, the COUNTY will pay the per diem rate of the unutilized beds up to a maximum of ninety-three (93) child care days per month. 4. Beginning January 1, 1992, the COUNTY agrees to pay $102.00 per day, per occupied bed, for the Adams House Independent Living program; provided, however, in the event actual utilization is below six (6) beds, the COUNTY will pay the per diem rate of the unutilized beds up to a maximum of 10 child care days per month. 5. The COUNTY agrees to pay $32.20 per day, per occupied slot, for the Supervised Independent Living program slots in the community; provided, however, in the event actual utilization is below capacity, that no per diem rate will be paid for unutilized slots. 6. 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 and Adams House Independent Living 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 October 30 of the year following expenditure. The cost of such audit will be included in the cost of operating the Ranch and Adams House programs, Adjustment to the per diem rate shall be determined by the COUNTY and CAMP OAKLAND YOUTH PROG . S, 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. 7. 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, Adams House and Supervised Independent Living slots in the community. 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 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. 10. 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 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 paragraphs three (3) and four (4) of this Agreement, unless beds are utilized by another non-Oakland County source. 11. 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. 12. 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. 13. 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. 14. 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. 15. This Agreement, in combination with the Day Student Program Agreement for 1992-93, amends 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, Adams House, and Supervised Independent Living, including operational costs, salaries, maintenance, and repairs, are included in the prevailing per diem rate. 16. This Agreement may be terminated by either party for reasonable cause upon ninety (90) days written notice. 17. 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 Date Date Date Oi(-"a*=-11'100 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 - MISCELLANEOUS RESOLUTION #91231 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant of Rule XI-G of this Board, the Finance Committee has review Miscellaneous Resolution #91231 and finds that the per diem rate increase is included in the 1992/1993 Biennial Budget Recommendation. FINANCE COMMITTEE :-A7len, County Clerk Lynn NOVEMBER 7, 1991 Resolution # 91231 Moved by Johnson supported by Skarritt the resolution be adopted. AYES: Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. • STATE OF MICEIGAN) COUNTY OF OAKLAND I, Lynn D. 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 3 with the original record thereof now7 --et6inTifg-Tri my oi'fice. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 7th' . day of") November 1991 -