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HomeMy WebLinkAboutResolutions - 1990.07.19 - 18277REPORT (Misc. 90176) BY: Personnel Committee - John P. Calandra, Chairperson TO: The Oakland County Board of Commissioners July 11, 1990 IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN'S VILLAGE - 1990/1991 WATERFORD SCHOOL DISTRICT AGREEMENT Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE PUBLIC.. SERVICES COMMITTEE MISCELLANEOUS RESOLUTION # 90176 Jury 19, 1990 BY: PUBLIC SERVICES COMMITTEE - RICHARD D. KUHN JR., CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN'S VILLAGE - 1990/1991 WATERFORD SCHOOL DISTRICT AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS providing a quality education for youngsters in care at Children's Village is an essential service to the children residing therein; and WHEREAS the Waterford School District provides for the staffing of the Children's Village School Program; and WHEREAS representatives of the Oakland County Board of Commissioners, the County Executive and the Waterford School District have agreed to staffing requirements, contract language and preliminary estimates of revenue and expenditures; and WHEREAS this agreement includes funding for one (1) full-time Waterford Schools librarian position, which eliminates the need for the part-time librarian position in the Reference Library (#5130106535), this position can be eliminated effective August 18, 1990; and WHEREAS the funding of this contract is subject to the County Board of Commissioners budget process; and WHEREAS this agreement has been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. 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 Oakland County Board of Commissioners is authorized to sign the agreement. BE IT FURTHER RESOLVED that one (1) part-time Librarian position in the Reference Library (#5130I06535) be deleted effective August 18, 1990. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. H -2,4,i.d12L?246 L.,.4,e1 T. Murptth Cou'ritytExecutve 736Y/22Da Y APPROVE THE FOREGOING RESOLUTION 1990/91 SCHOOL YEAR AGREEMENT BETWEEN WATERFORD SCHOOL DISTRICT, OAKLAND COUNTY EXECUTIVE AND THE OAKLAND COUNTY BOARD OF COMMISSIONERS This agreement is made and entered into, by and between the Waterford School District (hereinafter called the "District"), Oakland County Executive, (hereinafter called the "Executive"), and the Oakland County Board of Commissioners (hereinafter called the "Board"). The purpose of this Agreement is to provide the framework for administering a continuing educational program for children at the Oakland County Children's Village. SERVICES OF EXECUTIVE AND COUNTY The Executive and the Board will provide the facilities of the Children's Village School without cost to the District. If the Executive and Board decide it is necessary to reduce staff, the District will receive notice of the reductions no later than forty (40) days prior to the close of the semester, to be effective at the end of that semester. SERVICES OF THE DISTRICT In compliance with the laws of the State of Michigan, the District shall provide an appropriate educational program for each student assigned to Children's Village. The appropriate educational program for each student shall be determined by the professional staff of the building with the approval of the building principal. The District shall assign teachers to Children's Village on the basis of appropriate certification, qualifications, and seniority. The building principal will be consulted regarding specific qualifications of staff members before assignments are made. By May 15, the District will notify the Executive and Board of staffing requirements and estimated costs for salaries, fringe benefits and supplies for the next school year. In the event a contract between the District and the Waterford Education Association (WEA) is not settled for the following year, current costs will be identified with the understanding that increases may occur. (Addendum 1/2 identifies the estimated costs and revenues.) By July 15, October 15, January 15 and April 15, the District will submit a billing to the Oakland County Department of Management and Budget (hereinafter called the "County") for expenditures for personnel. State or federal revenue applicable to Children's Village School Programs will be determined by the net amount received from the state or federal government. The District will assume responsibility for payment of salaries and fringe benefits for personnel in accordance with the agreement between the District and the WEA. Fringe benefits are those provided in accordance with the union contract, plus those required by existing state law. Those required by existing state law are retirement, worker's compensation, and unemployment insurance. PAYMENT FOR SERVICES The annual budget estimating gross expenditures and revenues shall be furnished by the District to the Executive in accordance with the budget deadline and reporting format set by the County. Quarterly payments of the approved estimated annual budget of net expenditures will be made by the County to the District on August 15, November 15, February 15 and May 15 for the calendar quarters ending September 30, December 31, March 31 and June 30. Any disagreement that may arise as a result of a quarterly billing shall be resolved, if possible, by a meeting of the parties. The party contesting the billing shall give the other party or parties ten (10) days written notice of the meeting and delineating the nature of the disagreement or dispute, and failure of the other party or parties to appear will resolve the dispute in favor of the contestant. Any adjustments made to the quarterly payment shall be reconciled through a separate billing. Upon filing the final report for the year, the refund to the County or monies due the District will be determined within thirty (30) days and reconciled as soon as possible. GENERAL I. Executive Committee An Executive Committee shall be formed with the expressed purpose and function to: A. Determine the content and emphasis of the educational program. B. Determine operating policies and procedures related to the educational program. C. Evaluate the educational program. D. Determine the annual budget. E. Negotiate this Agreement and submit it to the Oakland County Board of Commissioners. The Executive Committee shall be comprised of: o Institutional and Human Services Department Director, Oakland County. o Director of Children's Services, Waterford School District. o Superintendent, Children's Village. o Director of Program Evaluation and Operations Analysis, Oakland County Board of Commissioners. o Probate Court Administrator (or designee), Oakland County. o Principal, Children's Village School. o Management and Budget Department Director (or designee), Oakland County. Decisions shall be made by majority agreement of these voting members: o Institutional and Human Services Department Director, Oakland County. o Director of Children's Services, Waterford School District. o Superintendent, Children's Village. o Director of Program Evaluation and Operations Analysis, Oakland County Board of Commissioners. o Probate Court Administrator (or designee), Oakland County. Meetings may be called by the Executive, the Chairperson of the Board of Commissioners or by a majority of the voting members with five (5) working days' notice to all members. II. Duration This Agreement shall be for the fiscal school year of July I to June 30. In the event the parties wish to renew the Agreement, they will notify each other in writing by April 1 and shall immediately begin negotiations for. the renewal of this Agreement. In the event there is a significant population change due to program modification or closure or renovation of a residential unit at Children's Village during the term of this Agreement, the following will occur: the Executive Committee will convene to determine the level of services, staffing and appropriate contract cost adjustments which may be necessary as a result of such program or building modification. The Executive Committee will make every effort to maintain program quality. Any party may initiate terminating this Agreement upon written notification to all parties at least sixty (60) days prior to the intended termination date. Upon such notification the parties agree to meet within thirty (30) days to attempt to resolve the problems or concerns that prompted the termination notice. Failure by the Executive Committee to reach an accord may result in the Board or District taking action to terminate this Agreement. MISCELLANEOUS CONDITION In the event it is necessary to close the Waterford School District because of financial conditions, the District will assist with the operation of Children's Village School Programs in accordance with the laws of the State of Michigan and directives from the Michigan Department of Education. In the event the above condition occurs, the County agrees to continue advanced payment of the wages of those Waterford School District employees assigned and continuing to provide educational services to Children's Village. The County agrees to continue to do so until such time as the District can resume payment of its staff or until such time as the Agreement is cancelled. PROCEDURE FOR NOTIFICATION Procedure for notification under the terms of this agreement is as follows: The Superintendent of the District will notify by regular mail the Executive and the Board (with copy to the Chief Probate Judge), address: 1200 N. Telegraph Road, Pontiac, Michigan 48053. Date: Witness: WATERFORD SCHOOL DISTRICT SUPERINTENDENT _dianonaMID a 1104V10, Onow/nno4 0 The Executive and the Board will notify by regular mail the Superintendent of the District (with copy to the Chief Probate Judge), address: 6020 Pontiac Lake Road, P.O. Box 547, Waterford, Michigan 48095. HOLD HARMLESS AGREEMENT The District shall and will indemnify and hold harmless the Executive, the Board and the County of Oakland, their agents and employees from and against any and all claims, liability, suits, actions or judgments arising from any act or omission of the District, its agents or employees in providing the services agreed to herein. It is understood and agreed that the services being provided hereunder by the District will be provided at Children's Village and that the Executive, the Board and the County of Oakland shall hold the District, its agents and employees harmless from any and all claims, liability, suits, actions or judgments arising from any act or omission of the Executive, the Board and the County of Oakland, its agents or employees in connection with the operation of Children's Village and related responsibilities. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representatives: OAKLAND COUNTY Witness: COUNTY EXECUTIVE Date: Witness: OAKLAND COUNTY BOARD OF COMMISSIONERS CHAIRPERSON OF THE BOARD Date: nefte 5- 3 4 July 19, 1990 FISCAL NOTE (Misc. 90176) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN'S VILLAGE 1990/1991 WATERFORD SCHOOL DISTRICT AGREEMENT 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 # 90176 and finds: 1) This agreement covers the period July 1, 1990 through June 30, 1991. 2) The proposed 1990/1991 agreement includes a cost increase of $165,764 above the 1989/1990 agreement, as detailed in the attached schedule. School aid revenues are estimated to decrease by $238,100 from the 1989/1990 estimate due to reduced enrollment and changes in special education certification requirements; the actual revenue amounts are subject to passage with a School Aid Formula by the state legislature. This agreement reduces the full-time teaching staff by one (1), adds one (1) full-time Office Aide and one (1) full-time Waterford Schools librarian. 5) The new contracted librarian position eliminates the need for the part-time librarian position in the Reference Library (#5130106535), that position will be deleted effective August 18, 1990. 7 6) The following amendments to the 1990/1991 Biennial Budget are recommended: 1990 1991 Revenues 3-29230-165-01-00-2056 Child Care - State Aid $(260,100) $ -0- Expenses 4-29230-165-55-00-3514 4-29230-165-55-00-3571 4-29230-165-55-00-3726 4-29230-165-55-00-3727 4-29230-165-55-00-4836 4-29230-165-55-00-4898 4-29230-165-55-00-4909 4-29230-165-55-00-4913 4-29230-165-55-00-4917 4-29230-165-55-00-4918 4-29230-165-55-00-4926 4-29230-165-55-00-5998 4-29230-165-55-00-6360 4-29230-165-55-00-6333 4-29230-513-01-00-1001 4-29230-513-01-00-1090 4-29230-513-01-00-2070 4-29230-513-01-00-2090 4-29230-513-01-00-6735 4-10100-513-01-00-3571 4-10100-513-01-00-5998 4-10100-909-01-00-9900 Membership, Dues & Pub. Books & Periodicals Teacher Services & Expenses Training Educational Supplies Office Supplies Postage Provisions Recreational Activities Recreational Supplies Small Tools Capital Outlay Computer Services - Operations Stores - Provisions Ref. Library - Salaries Salary Adjustment Ref. Library - Fringe Benefits Fringe Adjustment Ref. Library - Insurance Fund Ref. Library - Books & Periodicals Capital Outlay Contingency - - - - - (13,438) (1,237) (1,511) (3,953) (371) (40) (108) (6,690) (8,100) (850) (535) (286,299) 27,742 $(260,100) $ -0- $ -0- $ -0- 171 $ 6,058 20,000 160 650 100 (50) (200) 500 (75) 150 6,974 5,650 450 (5,248) A review will be conducted after the fourth (4th) Friday Count in September. Should enrollment decline and revenue be reduced, staffing reductions will be recommended. FINANCE COMMITTEE ts4/jn9047fn July 19, 1990 Resolution # 90176 Moved by Richard Kuhn supported by McPherson the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the Personnel Committee Report was accepted. Moved by Richard Kuhn supported by McPherson the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling. (21) NAYS: Olsen, Bishop. (2) A sufficient majority having voted therfor, the resolution was adopted. STATE OF MICHIGAN) 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 July 19, 1990 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of thg County of Oakland at Pontiac, Michigan this 19th day oti "Vri 1990 Lyn. Allen, county Clerk