HomeMy WebLinkAboutResolutions - 1991.08.22 - 18393August 8, 1991
MISCELLANEOUS RESOLUTION 91168
BY: PUBLIC SERVICES COMMITTEE
RUTH A. JOHNSON, CHAIRPERSON
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/
CHILDREN'S VILLAGE - 1991/1992 WATERFORD SCHOOL
DISTRICT AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Children's Village is a county-administered,
residential care facility providing sheltered care, short-term secure
detention, and non-secure, long-term residential treatment for
abused, neglected, or delinquent youngsters; and
WHEREAS the Children's Village School on the campus
completes the self-contained/comprehensive approach to residential
care and provides an educational program spanning the grade levels
of Kindergarten through 12th Grade; and
WHEREAS education is a vital component of the array of
services provided by the the Children's Village and is essential in
promoting the students personal growth, self-esteem, and sense of
reponsibility; and
WHEREAS the Waterford School District provides for the
staffing of the Children's Village School Program; and
WHEREAS it is the intention of the Oak/and Count') .Board, of
Commissioners to maintain funding for ;.991/1992 summer school
program, together with the appropriate teaching staff, thereby
retaining the school's proper accredidation; and
WHEREAS the funding for this contract is subject to the
County Board of Commissioners' budget process; and
WHEREAS this agreement is subject to 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.
Mr. Chairperson, on behalf of the Public Services Committee,
I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
1991/1992 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.
The Executive and Board shall determine the number of teachers
to serve the school according to established formula. If 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 school 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
its recommended 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
increase may occur. (Addendum #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 determine 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:
- Institutional and Human Services Department Director,
Oakland County (Chairperson of the Executive Committee).
- Director
District.
of Children's Services, Waterford School
- Manager, Children's Village.
- Director of Program Evaluation and Operations Analysis
(or designee), Oakland County Board of Commissioners.
Probate Court Administrator (or designee), Oakland
County.
- Principal, Children's Village School.
- Management and Budget Department Director (or designee)
Oakland County.
Decisions shall be made by majority agreement of these voting
members:
- Institutional and Human Services Department Director,
Oakland County (Chairperson of the Executive Committee).
- Director
District.
of Children's Services, Waterford School
- Manager, Children's Village.
Director of Program Evaluation and Operations Analysis
(or designee), Oakland County Board of Commissioners.
- Probate
County.
Court Administrator (or designee), Oakland
Meetings may be called by the Chairperson of the Executive
Committee 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 1
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 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 Schoel
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 canceled.
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
48341.
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 48327.
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 judgements arising form 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 judgements 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:
INSURANCE
THE DISTRICT agrees to obtain the following insurance
coverage:
a. $1,000,000 Combined Single Limit Comprehensive General
Liability Broad Form Endorsement/or the following as
minimum requirements:
-Products and completed operations;
-Broad form property damage;
-Premises/Operations;
-Independent Contractors;
-(Blanket) Broad form Contractual;
-Personal Injury -- delete contractual exclusion "A"
and employee exclusion "C"; and
-Additional Insureds -- the County of Oakland, and
employees and elected and appointed officials of Oakland
County;
b. Workers' Compensation as required by law
$100,000 Employers' Liability
c. $1,000,000 Combined Single Limit Automobile Liability,
including hired and leased vehicles, and owned and non-
owned autos
No Fault coverage as required by law
GENERAL CERTIFICATES OF INSURANCE
All Certificates of Insurance and duplicate policies of
any outside vendor or contractor shall contain the
following clauses:
a. "The insurance company(s) issuing the policy or policies
shall have no recourse against the County of Oakland for
payment of any premiums of for assessments under any form
of policy."
b. "Any and all deductibles in the above-described insurance
policies shall be assumed by and be for the account of
and at sole risk of, the contractor.
All Certificates are to provide 30 days notice of material
change or cancellation. Certificates of Insurance and
insurance binders must be provided no less than ten (10)
working days before commencement of work to the Oakland County
Risk Management Office. Insurance carriers are subject to the
approval of Oakland County. Coverages and limits are also
subject to the approval of Oakland County.
Witness:
OAKLAND COUNTY
COUNTY EXECUTIVE
Date:
Witness:
- OAKLAND COUNTY
BOARD OF COMMISSIONERS
CHAIRPERSON OF THE BOARD
WAIVER OF SUBROGATION
Waterford School District and County of Oakland, Michigan,
mutually agree to waive subrogation rights against other in
regard to damage to property owned by either party of this
agreement, arising out of the negligent acts of either party,
either directly or indirectly.
Date:
WATERFORD SCHOOL DISTRICT
Witness: SUPERINTENDENT
Date:
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NET COUNTY COST 91211,380) $(582,455) 5371,075 $(622,784) $(548,028) 1187,256 *41,079) 41494,279)
8128C81171011 1789273 1729/93 1E35 "990 1797 '21 1991/72 1 281/82
CONTRACT 9719$4 9n7 .24 COX-5 21T PROPOSED C 5 22 421
(MOH EXPENSES 1471181. TOCET PCOGRAM
1791 COOPOSED
91-17 1-3 1971
E1118121 BUDGET
67,092 66,918 174 71,753 76,046 4,293 74,200 75,123 923
49,219 51,706 (2,687) 55,031 56,253 1,222 55,600 55,927 826
1,074,500 1,027,296 47,204 1,123,994 1,150,545 26,551 1,170,500 1,170,522 )19,978)
66,055 62,504 2,551 78,471 81,440 2,269 76,000 72,720 2,720
55,912 54,923 984 67,853 75,146 2,293 61,000 63,078 7,073
9,655 9,640 15 10,782 10,9125 643 10,202 10,563 362
9,655 9,640 15 10,282 5,520 (4,762) 10,200 7,1360 12,340)
12,460 8,911 3,549 13,405 12,683 (722) 12,300 12,792 (309)
982 0 982 1,178 1,249 71 1,000 1,125 125
17,126 10,708 6,218 17,126 17,126 0 13,000 17,562 (427)
... . . 0 0 0 30,043 32,052 2,009 0 . 19,026 19,026
1 , • 3T61F 10,000 0 13,000 3 10,000 10,000 10,000 10,000 (0)
FRINC • 3E111:ITU 258,491 255,107 3,384 279,314 271,216 18,078) 282,000 276,608 15,392)
SUB-113144 1,631,147 1,553,758 72,289 1,758,732 1,806,201 47,469 1,332,000 1,804,101 2,100
62011111111114,TrE 77R -o -,.4 145,172 137,936 7,236 124,230 140,170 12,940 159,000 186,201 (72,772)
TEACHER 5ERV10ES 11:11 EXPENSES $1,776,319 1,696,694 79,625 $1,885,962 11,946,371 160,409 11,961,000 $1,943,302 $(20,697)
NOTES:
01219I19211,81
JUNE 51, 1991
021:68.242,44.92
August 22, 1991
FISCAL NOTE (Misc. 91168)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN' S
VILLAGE - 1991/1992 WATERFORD SCHOOL DISTRICT AGREEMENT -
MISCELLANEOUS RESOLUTION #91168
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 #91168 and finds:
1) This agreement covers the period July 1, 1991 through June
30, 1992;
2) The proposed 1991/1992 agreement includes an increase of
$69,244 in expenses and $209,000 in revenue for a net decrease
in County cost of $139,756, as detailed in the contract
schedule;
3) Although amendments are required to the Children's Village
School 1991 budget (detailed on the contract schedule), there
is no net effect on the 1991 County Budget.
4) The 1992 allocation for this contract (including summer
school) will be considered during the 1992/1993 budget
process.
FINANCE COMMITTEE
i:\tim\cv\waterfor.fn
OAKLAND COUNTY HEALTH DIVISION
HIV SEROPRAVELENCE GRANT
1991 BUDGET AMENDMENT
LINE-ITEM
1991 1991/1992 BUDGET
BUDGET AWARD AMENDMENT
SALARIES $28,483 $73,744 $45,261
FRINGES 3,593 7,652 4,059
INDIRECT COST 2,991 8,717 5,726
SUPPLIES 1,400 1,200 (200)
INSURANCE 72 1,047 975
TOTAL EXPENSE. $36,539 $92,360 $55,821
TOTAL REVENUE $36,539 $92,360 $55,821
PREPARED BY:
BUDGET DIVISION/TS
AUGUST 2, 1991
4 fr
Resolution # 91168 AUGUST 22, 1991 .
Moved by Johnson supported by Crake the resolution be adopted.
AYES: McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks,
Olsen, Palmer, Pappageorge, Pernick, Price, Rewold, Schmid, Serra,
Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen,
Johnson, Krause, Law. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, 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 August 22, 1991
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 22nd day c,f-) August 1991
Lynni0. Allen, County Clerk