HomeMy WebLinkAboutResolutions - 2010.10.06 - 10294MISCELLANEOUS RESOLUTION 110237 September 23, 2010
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S
VILLAGE, FY 2010-2012 WATERFORD SCHOOL DISTRICT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan Law requires the Watertbrd School District to provide
educational services to the youth who reside at Children's Village because Children's Village
is located within the legal boundaries of the Waterford School District; and
WHEREAS providing a quality education for residents of Children's Village is an
essential component of the Children's Village treatment program; and
WHEREAS Oakland County and the Waterford School District have contracted to
ensure a quality education through the provision of educational and administrative staff by
the District, partially reimbursed by the County; and
WHEREAS the majority of the Waterford School District's revenue support for
Children's Village School comes from State Aid; and
WHEREAS representatives of the County and the Waterford School District have
reached agreement as to staffing requirements, contract language, and estimates of revenues
and expenditures as detailed in attachments; and
WHEREAS in order to maintain a quality level of education the negotiated agreement
is proposed for three (3) school years beginning July 1, 2010. and ending June 30, 2013, with
annual budget negotiations to begin no later than February 28 of each year; and
WHEREAS the funding for this agreement is subject to the County Board of
Commissioners' budget process; and
WHEREAS this agreement is included in the County Executive's Contract Review
Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached agreement with the Waterford School District and that
the Chairperson of the Board is authorized to sign said agreement.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE:
Motion carried unanimously on a roll call vote with Potts
absent.
Resolution #10237 September 23, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections
OAKLAND COUNTY AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
THE WATERFORD SCHOOL DISTRICT
FISCAL YEARS 2010-2012
(July 1, 2010 - June 30, 2013)
This Agreement ("Agreement") is made and entered into between the County of Oakland,
("County"), a Michigan Constitutional and Municipal Corporation and a political subdivision of
the State of Michigan whose address is 1200 North Telegraph, Pontiac, Michigan 48341 and the
Waterford School District ("District"), a Michigan Statutory Corporation per the Revised School
Code of 1976 being MCL 380.1 et seq., whose address is 1150 Scott Lake Road, Waterford,
Michigan 48328. In this Agreement, either the District or the County may also be referred to
individually as a "Party" or jointly as the "Parties."
PURPOSE OF AGREEMENT. The County owns and operates Children's Village, a State
licensed child residential facility that pursuant to court order houses and maintains school-age
children in the Charter Township of Waterford, Michigan and within the District's boundaries.
The Parties are authorized to enter into this Agreement pursuant to PA. 1976, No. 451 (MCL
380.1 et seq.) and P.A. 1973, No 139 (MCL 45.551 et seq.).
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree as follows:
1. DEFINITIONS. In addition to any other defined terms in this Agreement (e.g..
"Agreement," "County,- "Revised School Code," "District," "Party," or "Parties," etc.), the
Parties agree that for all purposes, and as used throughout this Ag,reement, the following
words and expressions used throughout this Agreement, whether used in the singular or
plural, within or without quotation marks, or possessive or nonpossessive, shall be defined,
and interpreted as follows:
1.1, Agreement means the terms and conditions contained in this Agreement, including
any subsequent written modification, amendment, or addendum.
1.2, claim(s) means any alleged loss, claim, complaint, demand for relief or damages,
cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation,
costs, and/or expenses, including, but not limited to, reimbursement for attorney fees,
witness fees, court costs, investigation expenses, litigation expenses, and amounts
-
paid in settlement, which are imposed on, incurred by, or asserted against the County
or District, as defined herein, whether such claim is brought in law or equity, tort,
contract, or otherwise.
1.3. County as this term may be used in this Agreement, "County" shall be farther
defined to include any and all "County Agents,- as defined herein.
1.4. County Agent shall be defined as any and all elected officials, appointed officials,
directors, board members, council members, commissioners, authorities, other boards,
committees, commissions, employees, third-party contractors, departments, divisions,
volunteers, representatives, and/or any such persons' successors (weather such
persons act or acted in their personal representative or official capacities), andfor
"County Agents" shall also include any person who was a County Agent any time
during the term of this Agreement but, for any reason, is no longer employed,
appointed, or elected and serving as an County Agent.
1.5. lAy shall be defined as any calendar day, which shall always begin at 12:00 a.m. and
end at 11:59:59 p.m,
1.6. District means the Waterford School District as defined above and shall further be
defined to include District Employees.
1.7. District Emolovee includes, without limitation its governing Board, any and all of its
departments, divisions, elected and appointed officials, directors, board members,
authorities, committees, employees, teachers, administrators, principals, assistant
principals, psychologists, social workers, teacher's aids, clerks, independent
contractors, agents, volunteers, andior any such persons, predecessors, or successors.
1.8. Resident(s) means school aged individuals per MCL 380,1 et seq., residing on any
basis at Children's Village.
2. DISTRICT SERVICES
2.1. The District in accordance with state laws shall determine and be responsible for
providing an appropriate and required educational program for every Resident. The
County shall have no responsibility for developing, implementing, or providing any
education programs. The District shall be responsible for the care and supervision of
all Residents while participating in any District supervised classes, programs or
activities.
2.2. The District shall employ and assign certified school teachers to teach all necessary
and appropriate classes at the Children's Village School including the Children's
Village A-Building and .1-Building locations. Such school teachers shall be employed
and assigned on the basis of appropriate certifications, qualifications, and seniority as
determined by the District. The District shall also employ and assign quaiified
administrative, professional, and support personnel, as necessary, to fully meet the
educational needs of the Residents.
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2.3. The District shall employ and provide District Employees in both the numbers and
classifications and for the Total District Expenditures shown in attached Meet
Addendum A, which is hereby incorporated into this agreement, to provide for the
necessary educational needs for all Residents.
2.4. The District agrees that the numbers and classifications described in Budget
Addendum A of District Employees can provide for the complete educational needs
of all anticipated Residents during the term of this agreement. In the event there is a
change in the population of Residents during the term of this Agreement, or should
the District incur additional, unexpected, and significant expense associated with
educating handicapped Residents, the Parties will convene to determine the level of
services, staffing, and appropriate contract budget adjustments which may be
necessary as a result of such program modification.
2.5. The District agrees that it shall be solely responsible for soliciting, qualifying for,
securing, and/or receiving any and all educational related outside or third person
revenues, funds, assistance, or other reimbursement which the District may be eligible
to receive from any source for undertaking the responsibility of educating Residents
in accordance with this Agreement. The District agrees that it shall make every
reasonable effort to secure all such outside revenues and reimbursements which may
become available so as to minimize the Estimated Net County Costs under this
Agreement. The County shall have no obligation to the District to secure, obtain,
pass through, generate, or otherwise provide to the District any funding or
reimbursement the County may receive in connection with the education of any
Resident, including but not limited to school lunch reimbursement, library grants,
athletic equipment donations, etc., from any third-person, public agency, private
agency, or governmental source.
2.6, The District agrees that no later than October 15, January 15, April 15, and at the end
of each school year daring the term of this Agreement the District will submit a
detailed statement to the County for the actual total expenditures which compromise
any part of the actual Total District Revenues it received applicable, in any part, to
this Agreement.
3. COUNTY OBLIGATION1
The County will provide and maintain in good order at no cost to the District the
facilities of the Children's Village School buildings for the District's use in educating
Residents. The District shall not use the Children's Village School buildings for any
other purpose.
3.2. Subject to the terms of this Agreement the County agrees to reimburse the District for
actual salary, fringe benefits, and administrative costs, as described in Budoet
Addendum A, that the District actually incurs and expends for, or on behalf of, any
District Employee providing required educational services to Residents under the
terms of this Agreement.
3.3. Budget Addendum A shall be reduced and offset and accordingly any County
obligation to reimburse the District shall also be reduced and offset by any arid all
1 .1 .
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amounts received by the District from any state or federal government agency and/or
any other public or private source, which amounts were received to aid, benefit,
support, or otherwise reimburse the District for any costs incurred in educating
Residents. In the event that the actual Total District Revenues exceeds the Total
District Expenditures as referenced in Budget Addendum A the District agrees it
shall, at the County's option, either credit or reimburse the County any excess
amounts received.
3.4. The Parties agree that the County shall not have any financial obligations for any
costs or expenses for any District Employee services under the terms of this
Agreement beyond the amount shown in the Total District Expenditures and/or the
Estimated Net County Costs on the Budget Addendum A. In the event of a shortfall
in the anticipated Total District Revenues, or any increase in costs for current fringe
benefits this matter shall be promptly presented to the Oaldand County Board of
Commissioners,
3.5. The County agrees to pay the District an amount equal to twenty-five percent (25%)
of the Total District Expenditures as show on Budget Addendum A on each of the
following dates: August 15, October 31, December 31, and April 15 of each calendar
year during the term of this Agreement unless this Agreement is terminated prior to
the Agreement's expiration.
3.6. All County payment obligations under the terms of this Agreement shall be based
upon the Estimated Net County Costs (Total District Expenditures less Total School
District Revenues received) as referenced in Budget Addendum A. Any
disagreement between the Parties that may arise with regard to the quarterly
statements referenced in section 2.6 shall be resolved, if possible, by a meeting of the
Parties. The Party contesting the actual District costs or actual Total District Revenue
shall give the other Party ten (10) days written notice of the meeting and delineating
the nature of the disagreement or dispute. Any adjustments to be made to the
County's payment obligation shall be reconciled through a separate billing and/or
credit and reconciled as soon as possible after it becomes known.
4. NO INDEMNIFICATION.
4.1. Each Party shall be responsible for any Claim made against that Party and for the acts
of its employees or agents.
4.2. In any Claim that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs associated with such
representation, including any attorney fees.
4,3. Except as otherwise provided in this Agreement and in Insurance Addendum B,
neither Party shall have any right under this Agreement or under any other legal
principle to be indemnified by the other Party or any of its agents or employees in
connection with any Claim.
4.4. This Agreement does not, and is not intended to, impair divest, delegate or contravene
any constitutional, statutory, and/or other legal right, privilege, power. duty or
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immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
5. INSURANCE, The District shall throughout the term of this Agreement comply with all,
terms, conditions, and insurances requirements as described in Insurance Addendum B
which is hereby incorporated into and made part of this Agreement.
6. INDEPENDENT CONTRACTOR. The District's relationship to the County is that of an
independent contractor. Nothing in this Agreement is intended to establish an employer-
employee relationship between the County and either the District or any District Employee.
All District Employees assigned to provide services under this Agreement by the District
shall, in all cases, be deemed employees of the District and not employees, agents or
subcontractors of the County and shall remain solely and completely liable for any and all
wages, compensation, fringe benefits, pension or retirement benefits, workers' disability
compensation claims, and any and all other claims, rights, liabilities, or privileges whether
in tort or contract, whether based upon any statutory or common law right, or in any way
based upon any District Employee employment status or any applicable employment
contract.
7. PERMITS AND LICENSES. The District, at District's sole expense, shall be responsible
for obtaining and continuously maintaining throughout the term of this Agreement all
necessary licenses, including any business and professional licenses, permits, certificates,
and any other required governmental authorizations necessary for District, and/or a District
Employee, to perform any District obligations under this Agreement. At the County's
request, the District shall furnish to the County copies of any such licenses, permits,
certificates, or any other governmental authorizations.
8. AGREEMENT INTERPRETATION, The Parties agree that performance under this
Agreement will be conducted in compliance with all federal, Michigan, and local laws and
regulations. This Agreement is made and entered into in the County of Oakland and in the
State of Michigan. The language of all parts of this Agreement is intended to and under all
circumstances to bc construed as a whole according to its fair meaning and not constnied
strictly for or against any Party.
9. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may
terminate and/or cancel this Agreement upon ninety (90) Days written notice to the other
Party. The effective date of termination and/or cancellation shall be clearly stated in the
written notice. Termination of this Agreement does not release any Party from any
obligations that Party has pursuant to any law.
9.1. In the Event that the County terminates this Agreement, as provided for in this
section. prior to its scheduled expiration and should the District incur increased
unemployment benefit costs paid to any District Employee as a direct result of this
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early termination, the County shall reimburse the District for such increased
unemployment insurance benefit costs up to a maximum of Two Hundred Thousand
($200,000.00) Dollars. Furthermore, the District agrees that it shall take all
reasonable and necessary action to minimize any expense to the county for any
District Employee's unemployment compensation costs. The County shall not have
any obligation to the District for any unemployment insurance benefit costs or
expenses under any other circumstances except as provide for in this paragraph and
shall have no obligation to the District for any unemployment compensation benefit
expenses that the District may incur after the expiration of this Agreement.
10. NO IMPLIED WAIVER, Except as otherwise expressly provided for in this Agreement:
10.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any
rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement.
10.2. No waiver of any term, condition, or provision of this Agreement, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a
continuing waiver of any term, condition, or provision of this Agreement.
10.3. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
11. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this
Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed
from this Agreement. All other terms, conditions, and provisions of this Agreement shall
remain in full force.
12. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications.
amendments, rescissions, waivers, or releases to this Agreement must be in writing and
executed by both Parties. The Parties agree that no such modification, rescission. waiver,
release or amendment of any provision of this Agreement shall become effective against the
County unless signed for by the Oakland County Board of Commissioners. The Parties
further agree that this Agreement shall not be changed, supplemented, or amended, in any
manner, except as provided for herein, and no other act, verbal representation, document.
usage or custom shall be deemed to amend or modify this Agreement in any manner.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the prior
written consent of the other Party.
14. E-VERIFY. "E-Verify" means an Internet based system operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA)
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that allows participating contractors to electronically verify the employment eligibility of its
newly hired employees.
14.1. In accordance with the Oakland County Board of Commissioners Miscellaneous
Resolution No. 09116 (July 30, 2009 Oakland County Board of Commissioners
Minutes, pp 37-38), and unless otherwise expressly exempted elsewhere in this
Agreement, the District must first certify it has registered with, will participate in. and
continue to utilize, once registered, the E-Verify Program, or any successor program
implemented by the federal government or its departments or agencies, to verify the
work authorization status of all newly hired District Employees.
14.2. District's execution of this Agreement constitutes a certification that District is
authorized to certify on its behalf and does hereby certify that it has registered with,
has and will participate in, and does and will continue to utilize, once registered and
throughout the term of this Agreement and any permissible extension hereof, the E-
Verify Program, or any successor program implemented by the federal government or
its departments or agencies, to verify the work authorization status of all newly hired
employees employed by the District.
14.1 District's failure to comply with the above B-verify terms or conditions will be
considered a material breach of this Agreement.
15. HEALTH INSURANCE l'ORTABIUTY AND ACCOUNTARILITV AT 104m
("HIPAA"). This Parties agree that this section represents a Memorandum of
Understanding between the Parties to comply, when applicable, with the requirements of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the
Health Information Technology for Economic and Clinical health Act ("HITECH Act")
provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA") and the
implementing federal regulations such as those found at 45 CFR 160 through 164 inclusive.
16. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage
prepaid, and addressed to the person listed below. Notice will be deemed given on the date
when one of the following first occur: (1) the date of actual receipt; (2) the next business
day when notice is sent express delivery service or personal delivery; or (3) three days after
mailing first class or certified U.S. mail.
16.1. If Notice is sent to the County, it shall be addressed and sent to; 1200 N orth
Telegraph, Pontiac. Michigan 48341.
16.1 If Notice is sent to the District, it shall be addressed and sent to: the Superintendent
of Waterford Schools at 1150 Scott Lake Road, Waterford, Michigan 48328.
16.3. Either Parry may change the address and/or individual to which Notice is sent by
notifying the other Party in writing of the change.
17. CAPTIONS. The section and subsection numbers. captions, and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning. The numbers, captions, and indexes
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shall not be interpreted or be considered as part of this Agreement. Any use of the singular
or plural number, any reference to the male, female, or neuter genders, and any possessive
or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
18. FORCE MAJEURE, Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from performing due
to causes beyond the Party's control, including, but not limited to, an act of Go& war, fire,
strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall
be given to the other party of any such event.
19. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the
laws of the State of Michigan without giving effect to its conflict of law principles.
20. JURISDICTION AND VENUE. Except as otherwise required by law or court rule, any
action brought to enforce, interpret, or decide any Claim(s) arising under or related to this
Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the
50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of
the court. Except as otherwise required by law or court rule, venue is proper in the courts
set forth above. The choice of forum set forth above shall not be deemed to preclude the
enforcement of any judgment obtained in such forum or taking action under this Agreement
to enforce such judgment in any appropriate jurisdiction.
21. AGREEMENT DURATION. The term of this Agreement shall begin on July 1, 2010,
and end at 11:59 P.M. on June 30, 2011, without any further act or notice being required
from either PARTY. In the event that either PARTY wishes to renew this Agreement
beginning on July 1, 2011, they will notify the other PARTY in writing by February 28,
2011, and shall immediately begin negotiations toward a new agreement. In the event that
either PARTY wishes to renew this Agreement beginning on July 1, 2012, they will notify
the other PARTY in writing by February 28, 2012, and shall immediately begin
negotiations toward a new agreement.
22. ENTIRE AGREEMENT. This Agreement along with Budget Addendum A and Insurance
Addendum B represent the entire Agreement and understanding between the Parties and are
hereby incorporated into this Agreement. This Agreement supersedes all other prior oral or
written understandings. communications, or agreements between the Parties.
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WATERFORD SCHOOL DISTRICT:
BY: DATE:
President, Board of Education
THE COUNTY OF OAKLAND
BY: DATE:
Chairperson, Oakland County Board of Commissioners
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BUDGET ADDENDUM A
Children's Village 2010-11 Budget
Any and all defined words or phrases in the Agreement between the Parties will apply equally
throughout this Addendum.
Expenditures
2009-10 2010-11
Salaries FTE Budget FTE Budget Increase
Teachers 19,00 S1,332,675 19.00 $1,230,876 $ (101,799) -7.64% A
Drivers Education - - 0.00%
Coaching 10,841 10,416 (425.00) -3.92% A
Psychologist 0.40 32,620 0.40 23,696 (8,924.00) -27.36% B
School Social
Worker 0.50 28,807 0.50 28,242 (565.00) -1.96% A
Speech Pathologist 0.00625 289 0.05 2,359 2,070.00 716.26% C
Teacher Assistants 6.00 87,881 6.00 85,192 (2,689.00) -3.06% A
School Liaison 1.00 126671 1.00 135,953 9,282.00 7.33% D
Secretarial 2.90 108,462 2.90 104,196 (4,266.00) -3.93% A
Referee 600 600 , 0.00%
Total Salaries $1,728,846 $1,621,530 $ (107,316) -6.21%
Fringe Benefits 763,348 699,071 (64,277) -8.42% E
Total Salaries and
Fringe Benefits $2,492,194 $2,320,601 $ (171,593) -6.89%
Other
Expenditures
Administrative
Office Costs
Educational
Supplies
Indirect Costs
Summer School
$11,742 $10,600 $ (1.142) -9,73% F
61,600 57,500 (4,100) -6,66% F
88,555 77.777 (10.778) -12.17% G
50,345 56.470 * (2,875) -4.84% A.B
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Total District
Expenditures
Revenues
State Aid (Based
on est count of
180.00)
52.713,436
$1,376,100
52,522,948 5(190,488) -7.02%
$1,298,160 5(77,940) -5.66% H
Special Ed See 53
Reimbursement
(est.) - 0.00%
Court Placed Student
Reimbursement (est.) 1,089,059 988,836 (100,223) -9.20% I
Oakland Schools
PA-18 0.00%
Total District
Revenues $2,465,159 $2,286,996 5(178,163) -723%
Estimated Net
County Costs 248,277 235,952 (12,325) -4.96%
* Summer school is currently 20 days at 4hrs per day,
Note: The following assumptions were used for this budget:
- $433 decrease in the per student foundation grant from State Aid (actual 10/11 foundation allowance is
unknown)
A The changes from year over year are the result of different staffing and their related step and/or level in the
District: plus a 2% decrease in District wide salaries as part of a concessionary agreement.
Change in staff resulting in lower pay based on years of experience.
More staff time is required based on current caseloads,
Contracted School Liaison - higher salary, but much lower fringes.
Fringes decreased as a result of contracted school Liaison.
Decrease in capital outlay.
Indirects decreased as a result of lower salaries and fringes.
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See 'Note", foundation allowance decreased 5433 per student
Decrease related to lower overall budget therefore less revenues necessary.
Page 12 of 15
INSURANCE ADDENDUM B
Any and all defined words or phrases in the Agreement between the Parties will apply equally
throughout this Addendum. Any and all other terms and conditions set forth in the Agreement
between the Parties shall remain in full force and effect and shall not be modified, excepted,
diminished, or otherwise changed or altered by this Addendum except as expressly provided in
this Addendum.
To the extent reimbursed by insurance, the District agrees to defend, indemnify, and hold the
County harmless from any and all claims, actions, suits, causes of actions, proceedings, costs,
expenses, damages, and liabilities of any kind whatsoever (including, but not limited to,
reimbursement of reasonable attorney fees and litigation expenses) without regard to whether
any such claims or suits are based upon tort or contract and without regard to whether any such
claims or suits are based upon any alleged negligent and/or intentional act(s) or ornission(s) of
the District and/or District Employee(s), suffered or incurred by the County which either arise
out of, result from, or are in any way connected with the District's and/or any District Eployet(s)
educational responsibilities, the supervision and care of or the provision of any educational-
related services to the school-age Resident(s) of Children's Village, or arising out of the
performance of any independent contractors, agents, volunteers, and/or any such persons,
predecessors, or successors or by anyone for whose acts they may be held liable under the terms
of this Agreement, the common law, or under applicable State or Federal Law.
At all times during any term of this Agreement, the District shall provide and maintain, at its sole
cost and expense, insurance in the types and amounts as set forth below. The insurance shall be
written for not less than any minimum coverage or limit specified herein.
1. Commercial General Liability insurance, Occurrence Form including: a) Premises and
Operations; h) Products and Completed Operations; c) Personal and Advertising Injury
with Contractual and Employee exclusions deleted); d) Independent Contractors; e)
Blanket Broad Form Contractual including coverage or obligations assumed in this
Agreement; f) Broad Form Property Damage; with limits of no less than:
S1 4 000,000 — Each Occurrence Limit
$1,000.000 — Personal & Advertising Injury
S1.000,000 — Products & Completed Operations Aggregate Limit
$2,000,000 — General Aggregate Limit
$500,000 — Fire Damage Limit (Any One Fire)
2. Commercial Automobile Liability insurance covering liability arising out of the use of
any owned, borrowed, hired or non-owned auto with a limit of not less than $1.000.000
each occurrence for bodily injury and property damage and including Michigan No-Fault
coverage.
3. Workers' Compensation insurance as statutorily required by Michigan and Employers
Liability insurance, with limits of no less than $500,000 each accident. S500,000 disease
each employee, and $500,000 disease policy limit
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Alts
4. Commercial Umbrella/Excess Liability insurance with a minimum limit of S2.000,000
each occurrence and $2,000.000 annual aggregate which provides excess coverage over
General Liability, Automobile Liability and Workers' Compensation Employers
Liability. Umbrella or Excess Liability coverage shall be no less than following form of
primary coverage or broader.
5. Professional Liability insurance including sexual abuse and molestation with a
minimum limit of S1,000,000 each claim and $1,000,000 annual aggregate.
6. Commercial Property insurance. The District shall be responsible for obtaining and
maintaining insurance covering their owned equipment and owned personal property
against all loss of physical damage and shall hold the County harmless against any and all
claims, actions, damages, losses or liabilities arising from the use, possession, operation
or control of the equipment and personal property and shall waive their and their
insurer(s) rights of subrogation.
7. General insurance conditions: the aforementioned insurance policies shall be endorsed,
as applicable, and shall contain the following terms, conditions, and/or endorsements.
All certificates of insurance shall provide evidence of compliance with all required terms,
conditions, or endorsements.
a. All policies of insurance or self-insurance shall be on a primary, non-contributory
basis with any other insurance or self-insurance carried by the County;
b. Any and all deductibles or self-insured retentions in any of the above described
policy(s) shall be assumed by and be at the sole risk of the District;
c. All policies, with the exception of Workers' Compensation and Professional
Liability, shall be endorsed to name the County as Additional Insured;
d. All policies shall be endorsed to provide a written waiver of subrogation in favor
of the County;
e. If any policies are written on a claims-made form, the District agrees to maintain
such coverage continuously throughout the term of this Agreement and, without
lapse, for an extended reporting period (tail coverage) of no less than three years
following termination of this Agreement (including renewals, extensions, or
replacements thereof). Any such policies shall have a retroactive or prior acts
effective date on or prior to the effective date of this Agreement;
f. The District shall require their contractors or sub-contractors or by anyone for
whose acts they may be held liable to carry insurance in the coverages and limits
specified in this Agreement unless othenvise agreed to and approved by Oak -land
County Risk Management;
e. All insurance carriers shall be licensed and approved to do business in the State of
Page 14 of 15
Michigan and shall have and maintain a minimum A.M. Best's rating of A VII;
f. All certificates of insurance must provide thirty-days (30) written notice of
cancellation, non-renewal, or material change and must include the County as
Additional Insured. Certificates of insurance must be provided no less than ten
( I 0) working days prior to commencement of Agreement and must bear evidence
of all required terms, conditions and endorsements;
Page 15 of 15
Resolution #10237 September 23, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #10237) October 6, 2010
BY: FINANCE COMMITTEE. TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE, FY2010-2012
WATERFORD SCHOOL DISTRICT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the F nance Committee has reviewed the above-referenced
resolution and finds:
1. It is the mandate of statutory law that the Waterford School District shall educate all pupils
within its district. In the performance of that duty, the statue further provides:"(4) a general
powers school district may enter into agreements or cooperative arrangements with other
entities, public or private, or join organizations as part of performing the function of the school
district."
2, Oakland County has contracted with the Waterford School District to ensure a quality
education for residents of the Children's Village through the provision of educational and
administrative staff by the District
3. In order to maintain a quality level of education, the negotiated agreement is proposed for
three (3) school years beginning July 1, 2010 and ending June 30,2013, with annual budget
negotiations to begin no later than February 28 of each school year.
4. Total net cost of the agreement for Fiscal Year 2010/2011 is $235.952, which is a decrease
of $12,325 from the previous 2009/2010 agreement (per Amendment #3) of $248,277.
5. Gross school district costs for the 2010/2011 school year is $2,522,948, of which. $2,286,996
is expected to be reimbursed by the State for State Aid and Court Placed Student
Reimbursement, leaving a net expense of $235,952. The net expense is eligible for
reimbursement from State Child Care Fund which is 50% reimbursable up to cap. Child Care
Reimbursement is receipted in the Child Care Fund under Non-Department's Child Care
Subsidy revenue account.
6. Funding relating to the acceptance of this agreement has been included in the FY 2011
Adopted budget. and therefore, no budget amendment is required.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gingell and Greimel absent.
Resolution #10237 October 6,2010
Moved by Runestad supported by Coulter the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted.
AYES: Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted.
r"-
I HEREBY APPROVI, THE FONOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Ruth Johnson, 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 October 6,
2010, with the original record thereof now remaining 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 6`1 day of October, 2010.
Gat
Ruth Johnson, County Clerk