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MISCELLANEOUS RESOLUTION #94195 June 23, 1994
BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON
IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE -
1994/1997 WATERFORD SCHOOL DISTRICT AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS providing a quality education for residents of
Children's Village is an essential component of the facility's
treatment program; and
WHEREAS Oakland County and the Waterford School District
have historically contracted to ensure a quality education
through the provision of educational and administrative staff by
the District, reimbursed by the County; and
WHEREAS representatives of the Children's Village School
Executive Committee, established pursuant to Miscellaneous
Resolution #93168, and the Waterford School District have reached
agreement as to staffing requirements, contract language, and
estimates of revenues and expenditures, as detailed on the
attachments; and
WHEREAS the negotiated agreement proposes that Children's
Village School be converted to an extended school year, beginning
in August 1994, which will allow for consistent, year around
instruction, the "school year" to be defined as August 21 through
August 20; and
WHEREAS in order to maintain a quality level of education,
the negotiated agreement is proposed for three (3) school years,
beginning July 1, 1994 and ending August 20, 1997, 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 approve 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 Public Services Committee, I
move the adoption of the foregoing resolution.
PU LIC SERVICES COMMITTEE
AL(64
Description
Contract Expenses
Oakland County
Waterford Schools/Children's Village School
-1994/1995 Agreement
1991/1992 1992/1793 1993/1914 1991/1915
Actual Cohtrere COntrdCk Proposed
Expenses Bud;et Budget Budget
Principal (1) 976,302 $0,118 50 584,0Y7
Assistant Principal (1) 57,069 59,9:: 0 64,173
TeacheIs (18) 1,080,078 1. 29,09 0 1,010,108
Teacher Aides (4) 56,117 .5.2,015 0 40,490
Clerical (3) 96,54: ,,-:-.220 0 76,99S
School Psycholo,j1st (.2) 10,424 6,467. 0 12,240
School Social Wor):e-r (.2) 9,820 :1,...41. 0 12.242
Coa..;hes/Drivers Erl...::ation 10,809 '..,542 0
Student Cc,Incil Sp.7.,nsor 1,249 1,3:4 0 1,177
TemPorary/Subs. (.;in-$50O) 10,516 2_:,3:4 0 13,120
Librarian 52,790 f:,49 0 0
Reserre for Emergen,:y Staff. 0 0 0 0
Fringe Benefits 325,451 34,761 0 4'46,645
-----------------------------------------------------
Sub-Total 91,787,167 $2,02.1.329 $0 $1,5.38,124
-----------------------------------------------------
Administrative Overhead 9159,323 $79,63i 5500,000 5:9,573
--------------------------------------- -------------
Teachers Services & Expenses $1,946,490 52,197,160 55-00,000 $1 cg6 4'17
Contract Revenues
State kid 0.1ead Count) $669,723 $64.1,000 S0 5975,80C
Special Education 112,701 127,500 0 SC,C ,00
Court Placed Stu.dents 326,269 645,600 0 521,720
-----------------------------------------------------
Total Revenues 91,114,773 $1,42.0,800 $0 $1,955,520
Net Contract (Eypense)/Fevenue (9171,717) (5797,160) (5900,000) (5113,177)
Additional County Expenses
Professio:lal Services $3,605 $3,167 53,220 $1,600
Contracted Services 0 . 0 225 1,000
Equip=ent Repairs 9R2 2,435 2,032
Expendable Equipment , 0 2,344 1,562 eao
Launiry and Cleaning 228 256 234 50C,
Memterships, Dues 626 1,8'33 1,849
Personal Mi 1 ewe 580 420 222 44;:
. Training 1,222 3,521 2,374
Auto Shop Supplies 387 0 0 5r.,r1
Drugs 0 0 0 1:0 / / , .
Educttional Supplies 9,21: ' ' 10,157 8,A85 12,000
Text. Books 1,131 1,993 0 0
Oakland County
Waterford Schools/Children's Village School
-1994/1995 Agreement
1991/1992 1192/1933 1993/1734 1994/1995
Actual Cof.Iract Contract Proposed
Description Expenses E%;dge!. Budget Budget
802 2,100 Computer Software 0 0
Library Supplies 8,910 12,972 12,315 12,700
18,447 Library Services
S77 500 Office Supplies 608 731
Postage 1,333 1,025 1,215 1,000
Provisions 208 257 22 100
Recreational Supplies 324 6,2 7 4 63e 5,00
9 1,;1C,0 Recreational Activ
756 3'36 45 ities
3N. Small Tools 0 0 0
19,071 :f,7:;., 0 0 Capital Outlay
uilding Space Cos: 154,224 :77 ,151 183,551 B
1,503 Computer Services 780 47 i,215,
Equipment Rental 17,127 23,517 26,220 25,0,110
Radio Communications 0 0 46 0
• 6,855 4,690 Convenience Copler 7,150 7,826
309 Stores-Miscellanec.us 214 214 282
376 3:8 304 211 Stores-Stock
Print Shop 931 1,3:3 777 6:0
Telephones 5,163 5,576 5,622 5,15[0
Total Add1ticna1 $227,935 1261,246 $262,105 $0E8 ,910
TOTP,L COUNTY COST $1,059,652 $1,0:7i,405
Prepared By Budge: 01-."Ision/TS
12-May-94
$762,305 $5f2,07
1 I •
Atta .chmen't B • -
1994-1996 Waterford School District Agreement
Effect on 1994/1995 Biennial Budget
Net County
Revenue Expenditures Savings/(Cost)
1994 Budget
Adopted Budget $0 $500,000
Last Half 93/94 Contract 0 250,000
First Half 94/95 Contract 777,760 934,349
Residency 0 11,000
Summer School (Maximum) 0 62,900
Total Needs $777,760 $1,258.249
Budget Amendment $777,760 $7_511.249 $_11.512
1995 Bud_gDI.
Adopted Budget 10 $500.000
Last Half 94/95 Contract 777,760 934,349
First Half 95/96 Contract 777,760 934,349
Total Needs $1,555,520 $1.868.698
Budget Amendment $1,555,520 $1,368,698 ila6.822
Prepared by: Budget Division 06/02/94
./
CHILDREN'S VILLAGE SCHOOL
1994 - 1997 OPERATING AGREEMENT
This Agreement is made and entered into by and between the County of Oakland, a
Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341-0419 (hereafter the "COUNTY") and the Waterford School District, a Michigan
Statutory Corporation, organized and operating under the School Code of 1976, (MCL 380.1, et
seq., MSA 15.4001, et seq., as amended) whose address is 6020 Pontiac Lake Road, Waterford,
Michigan 48327 (hereafter the "SCHOOL DISTRICT'). In this Agreement, the COUNTY and the
SCHOOL DISTRICT may also be referred to either, individually as a "PARTY" or collectively as
the "PARTIES".
WITNESSETH
WHEREAS, the COUNTY owns and operates the Children's Village, a State licensed, child
residential facility that, pursuant to Court order, houses and maintains school age children at this
facility located in the Charter Township of Waterford, Michigan and within the SCHOOL
DISTRICTs boundaries; and
WHEREAS, among the Children's Village complex of buildings, there is a building known
as the Children's Village School which is suitable for elementary and secondary classroom
educational purposes; and
WHEREAS, the SCHOOL DISTRICT is the statutory entity authorized and mandated to
provide for the elementary and secondary education needs of students residing within the
SCHOOL DISTRICT, as provided in the School Code of 1976; and
WHEREAS, for the past several years, the COUNTY and the SCHOOL DISTRICT have
cooperated in meeting the Children's Village school age residents' (hereafter "RESIDENT(S)")
educational needs and requirements:
NOW, THEREFORE, in consideration of these premises, and the mutual promises,
representations, and agreements contained herein, it is mutually agreed as follows:
1. The COUNTY will provide and maintain in good order, at no cost to the SCHOOL
DISTRICT, the facilities of the Children's Village School building for the SCHOOL DISTRICTs use
in educating the RESIDENT(S) of Children's Village. The SCHOOL DISTRICT shall not use the
Children's Village School building for any other purpose.
2. The SCHOOL DISTRICT shall, in compliance with all applicable state laws, provide an
appropriate and required educational program for every Children's Village RESIDENT(S). The
SCHOOL DISTRICT shall determine and be responsible for providing the legally required,
appropriate, and necessary educational program for each school age Children's Village
RESIDENT(S). The COUNTY shall have no responsibility for developing, implementing, or •
providing any educational programs. The SCHOOL DISTRICT shall be responsible for the care
WS9497K F
and supervision of all RESIDENT(S) while participating in any SCHOOL DISTRICT supervised
classes, programs, or activities.
3. The SCHOOL DISTRICT shall employ and assign certified school teachers to teach all
necessary and appropriate classes at the Children's Village School and at the Children's Village
A-Building and J-Building locations. Such school teachers shall be employed and assigned on
the basis of appropriate certifications, qualifications, and seniority, as determined by the SCHOOL
DISTRICT. The SCHOOL DISTRICT shall also employ and assign qualified administrative,
professional, and support personnel, as necessary, to fully meet the educational needs of
Children's Village RESIDENT(S).
4. The SCHOOL DISTRICT agrees that no SCHOOL DISTRICT teacher, administrator,
principal, assistant principal, psychologist, social worker, teacher's aide, clerk or any other
SCHOOL DISTRICT employee, agent, servant or independent contractor (hereafter individually
and/or collectively "SCHOOL EMPLOYEE(S)") shall by virtue of this Agreement, or otherwise, be
considered or claimed to be an employee of the COUNTY. The SCHOOL DISTRICT agrees that,
at all times, and for all purposes relevant to this Agreement, the SCHOOL DISTRICT shall remain
the sole employer of all SCHOOL EMPLOYEE(S) and shall remain solely and completely liable
for any and all SCHOOL EMPLOYEE(S) 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 SCHOOL EMPLOYEE(S) employment status or any
applicable employment contract. This Agreement does not grant or confer, and shall not be
interpreted to grant or confer, upon any SCHOOL EMPLOYEE(S) or any other individual, any
privilege, right, benefit or status of COUNTY employment or that of a COUNTY employee.
5. The SCHOOL DISTRICT agrees that any and all claims or suits by any SCHOOL
EMPLOYEE(S), their union, agents, or successors or assigns, against the COUNTY which are
based upon said SCHOOL EMPLOYEE(S) applicable union, employment, or labor contract,
and/or any applicable terms and conditions of employment, any SCHOOL EMPLOYEE(S)'
employment status, wages, fringe benefits, and/or any other right, privilege, or benefit based upon
any contractual, statutory, and/or common law employment right or status are hereby specifically
included within the type(s) of claims or suits the SCHOOL DISTRICT agrees to indemnify and
hold the COUNTY harmless from as provided in Paragraph No. 6 below. Furthermore, the
SCHOOL DISTRICT as the sole and exclusive employer of all SCHOOL EMPLOYEE(S) providing
services under this Agreement hereby waives and releases any and all claims and/or subrogated
rights the SCHOOL DISTRICT may now, or in the future, have against the COUNTY (including,
but not limited to, such employer subrogation rights as contained in the Worker's Disability
Compensation Act of 1969, MCL 418.101, et seq.) based, in any manner, upon any claim, liability,
loss, personal injury, real or personal property loss, and/or any other damage suffered by any
SCHOOL EMPLOYEE(S).
6. The SCHOOL DISTRICT agrees to indemnify and hold the COUNTY harmless from any
and all claims, actions, suits, causes of action, 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
WS9497KF 2
upon any alleged negligent and/or intentional act(s) or omission(s) of the SCHOOL DISTRICT
and/or any SCHOOL EMPLOYEE(S), suffered or incurred by the COUNTY which either arise out
of, result from, or are in any way connected with the SCHOOL DISTRICTs and/or any SCHOOL
EMPLOYEE(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 duty under the terms of this Agreement, the common law, or under
applicable State or Federal Law.
7. Except as otherwise provided below, the COUNTY agrees to indemnify and hold the
SCHOOL DISTRICT 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) resulting from any
alleged negligent and/or intentional tortious act(s) or omission(s) of any COUNTY employee,
agent, or elected or appointed COUNTY official in connection with the COUNTY's responsibilities
as described and limited by Paragraph No. 1 of this Agreement. Under no circumstances,
however, will the COUNTY be obliged to indemnify and/or hold the SCHOOL DISTRICT harmless
from any claims, actions, suits, causes of actions, proceedings, costs, expenses, damages, and
liabilities of any kind whatsoever, resulting from any claim, obligation, loss, or damage or
expense, cause of action, or suit, incurred, brought by, or brought on behalf of, any SCHOOL
EMPLOYEE(S) without regard to whether the SCHOOL DISTRICT may be obligated by statute,
common law, or by reason of any employment, union, or insurance contract, and/or fringe benefit
to indemnify, pay, reimburse, or support any SCHOOL EMPLOYEE(S). The COUNTY shall have
no obligation to indemnify, hold harmless, sue and/or defend, any SCHOOL EMPLOYEE(S) in
any claim, suit, or any other cause of action by or against any SCHOOL EMPLOYEE(S). No
SCHOOL EMPLOYEE(S) shall be subrogated to any SCHOOL DISTRICT right to indemnification
under this Agreement and this Agreement does not, nor shall it be interpreted to create any
COUNTY obligation, promise, benefit, and/or right to be indemnified in favor of any SCHOOL
EMPLOYEE(S).
8. The SCHOOL DISTRICT and COUNTY mutually agree to waive any rights against the
other with regard to any damage to any real or personal property owned by either PARTY and
arising out of the negligent act of either PARTY to the extent reimbursed by insurance. This
Paragraph does not, nor shall it be interpreted as, or be claimed by either PARTY (including their
agent(s), insurer(s), or subrogee(s)) to waive, release, suspend, diminish, or supersede any
PARTY's rights, obligations, or benefits to the proceeds of, or from, any applicable insurance
policy or other liability or damage protection(s) provided under this Agreement.
9. The SCHOOL DISTRICT shall employ and -provide SCHOOL EMPLOYEE(S) in both the
number(s), and classification(s) and for the GROSS SCHOOL DISTRICT COSTS shown in the
attached BUDGET ADDENDUM to provide for the necessary educational needs for all school age
RESIDENT(S) of Children's Village. The SCHOOL DISTRICT agrees that the above referenced
number(s) and classification(s) of SCHOOL EMPLOYEE(S) can provide for the complete
educational needs of all of the anticipated school age RESIDENT(S) of Children's Village during
the term of this Agreement. In the event there is a significant Children's Village, school age
RESIDENT(S) population change during the term of this Agreement, or should the SCHOOL
DISTRICT incur additional, unexpected, significant expense associated with educating a
handicapped Children's Village RESIDENT(S), the PARTIES will convene to determine the level
WS9497K F 3
of services, staffing and appropriate contract budget adjustments which may be necessary as a
result of such program modification.
10. Subject to each of the following subparagraphs, the COUNTY agrees to reimburse the
SCHOOL DISTRICT for the actual salary, fringe benefit, and administrative costs (as described
and scheduled as GROSS SCHOOL DISTRICT COSTS in the attached BUDDET ADDENDUM
which is hereby incorporated into and made part of this Agreement) that the SCHOOL DISTRICT
actually incurs and expends for, or on behalf of, any SCHOOL EMPLOYEE(S) providing the
required educational services to Children's Village RESIDENT(S) under the terms of this
Agreement.
A. The GROSS SCHOOL DISTRICT COSTS, as shown in the attached BUDGET
ADDENDUM, shall be reduced and offset (and accordingly any COUNTY obligation to
reimburse the SCHOOL DISTRICT shall also be reduced and offset) by any and all
amounts received by the SCHOOL 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 SCHOOL DISTRICT for any costs incurred
in educating the school age RESIDENT(S) of Children's Village such as described as
TOTAL SCHOOL DISTRICT REVENUES in the attached BUDGET ADDENDUM. In the
event that the actual TOTAL SCHOOL DISTRICT REVENUES exceed the GROSS
SCHOOL QISTRICT COSTS, as shown in the attached BUDGET ADDENDUM, the
SCHOOL DISTRICT agrees that it shall, at the COUNTY's option either credit or
reimburse the COUNTY any excess amounts received.
B. The PARTIES agree that, subject to further approval and appropriation by the
Oakland COUNTY Board of Commissioners, the COUNTY shall not have any financial
obligation for any costs or expenses for any SCHOOL EMPLOYEE(S) services under the
terms of this Agreement beyond the amount shown in the GROSS SCHOOL DISTRICT
COSTS and/or the ESTIMATED NET QOUNTY COSTS on the attached BUDGET
ADDENDUM. However it is anticipated by the PARTIES that in the event that there
should be a shortfall in the anticipated TOTAL SCHOOL DISTRICT REVENUES, or any
increase in unanticipated/uncontrollable costs for current fringe benefits, as shown in the
attached BUDGET ADDENDUM, this matter shall be promptly presented to the Oakland
COUNTY Board of Commissioners.
11. The attached BUDGET ADDENDUM, establishes the anticipated and agreed upon
schedule of GROSS SCHOOL DISTRICT COSTS, the TOTAL SCHOOL DISTRICTREVENUES,
and the ESTIMATED NET COUNTY COSTS for the period beginning July 1, 1994, and ending
August 20, 1995, or just more than One (1) year of this Three (3) year Agreement (NOTE: the
PARTIES acknowledge that the attached BUDGET ADDENDUM does not include the $62,900.00
amount previously appropriated for the 1994 Summer School Program and separately agreed to
by the PARTIES). The SCHOOL DISTRICTs fiscal year begins on August 21, and end August
20 of the following calendar year. Unless terminated prior to its expiration, during the term of this
Agreement the PARTIES agree to meet no later than February 28, 1995, and again by February
28, 1996, to begin negotiations toward a budget for the following SCHOOL DISTRICT fiscal year.
The PARTIES recognize and agree that such time for negotiations is required as an agreement
on a budget for any subsequent fiscal year amounts to an amendment to this Agreement which
WS9497K F 4
must be formally approved by both the Board of Education for the Waterford SCHOOL DISTRICT
and the Oakland COUNTY Board of Commissioners before it becomes binding upon either
PARTY. In the event the PARTIES fail to agree upon a budget for the following SCHOOL
DISTRICTS fiscal year, either PARTY may terminate this Agreement as provided herein.
12. The SCHOOL 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 SCHOOL DISTRICT may be eligible to
receive from any source for undertaking the Children's Village RESIDENT(S)' educational
responsibilities in accordance with the terms of this Agreement. The SCHOOL 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 SCHOOL DISTRICT to secure,
obtain, pass through, generate or otherwise provide to the SCHOOL DISTRICT any funding or
reimbursement the COUNTY may receive in connection with any Children's Village RESIDENT(S)'
education (including, but not limited to, school lunch reimbursements, library grants, athletic
equipment donations, etc.) from any third person, public agency, private agency, or governmental
source.
13. In recognition of SCHOOL D1STRICTs cash flow requirements and the difficulty in
projecting and calculating the receipt of such outside or third person paid TOTAL SCHOOL
DISTRICT REVENUES, as shown in the attached BUDGET ADDENDUM, the COUNTY agrees
to pay to the SCHOOL DISTRICT, an amount equal to twenty-five (25%) percent of the GROSS
SCHOOL DISTRICT COSTS shown in the BUDGET ADDENDUM 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 earlier.
14. The SCHOOL DISTRICT agrees that no later than October 15, December 15, March 15
and June 1, of each calendar year during the term of this Agreement, the SCHOOL DISTRICT
will submit a detailed statement to the COUNTY for the actual total expenditures and any
revenues which comprise of any part of the actual TOTAL SCHOOL DISTRICT REVENUES it
received applicable, in any part, to this Agreement. All COUNTY payment obligations under the
terms of this Agreement shall be based upon the ESTIMATED NET COUNTY COSTS (i.e.,
GROSS SCHOOL. DJ$TR1CT COSTS less TOTAL SCHOOL DISTRICT REVENUES received)
as shown in the BUDGET ADDENDUM. Any disagreement between the PARTIES that may arise
with regard to these quarterly statements shall be resolved, if possible, by a meeting of the
PARTIES. The PARTY contesting the actual SCHOOL DISTRICT costs or actual TOTAL
SCHOOL DISTRICT REVENUES shall give the otlIer 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 obligations shall be reconciled through a separate billing and/or credit
and reconciled as soon as possible after it becomes known.
15. The term of this Agreement shall begin on July 1, 1994 and end at 11:59 P.M. on August
20, 1997, without any further act or notice being required from either PARTY. In the event that
either PARTY wishes to renew this Agreement, beginning on August 21, 1997, they will notify the
other PARTY in writing by February 28, 1997 and shall immediately begin negotiations toward
a new agreement.
WS9497KF 5
16. In addition, either PARTY may terminate this Agreement, for any reason including, but not
limited to a decision by the COUNTY to establish a Charter School, prior to its August 20, 1997
expiration, upon written notification to the other at least sixty (60) days prior to the proposed
termination date which shall be clearly stated in this written notice. Upon such notification the
PARTIES agree to meet within ten (10) days to attempt to resolve the concerns that prompted
the termination notice. Failure to reach an accord which results in either: a written amendment
or modification to this Agreement, or the written withdrawal and recision of the terminating
PARTY's pending notice to terminate this Agreement, will result in the early termination of this
Agreement. In the event that the COUNTY terminates this Agreement, as provided for in this
Paragraph, prior to its scheduled August 20, 1997 expiration, and should the SCHOOL DISTRICT
incur increased unemployment benefit costs paid to any SCHOOL EMPLOYEE(S) as a direct
result of this early termination, the COUNTY shall reimburse the SCHOOL DISTRICT for such
increased unemployment insurance benefit costs up to a maximum of Two Hundred Thousand
($200,000.00) Dollars. In such an event the SCHOOL DISTRICT agrees that it shall take all
reasonable and necessary action to minimize any expense to the COUNTY for any SCHOOL
EMPLOYEE(S) unemployment compensation costs. The COUNTY shall not have any obligation
to the SCHOOL DISTRICT for any unemployment insurance benefit costs or expenses under any
other circumstances except as provided for in this Paragraph, and shall have no obligation to the
SCHOOL DISTRICT for any unemployment compensation benefit expenses that the SCHOOL
DISTRICT may incur after the expiration of this Agreement on August 20, 1997.
17. The PARTIES agree that termination of this Agreement, as above, or otherwise, shall not
terminate any of the PARTIES indemnification or hold harmless promises or liability under this
Agreement for any claims or suits based upon any pre-termination events, acts, occurrences, or
transactions, including the early termination of this Agreement. The PARTIES specifically agree
that all indemnification, hold harmless promises and waivers in this Agreement, with regard to any
acts, occurrences, events, transactions, suits, claims, or causes of action either occurring or
having their basis in events or transactions occurring before this Agreement is otherwise
terminated, shall survive the termination of this Agreement.
18. The SCHOOL DISTRICT will send all correspondence and notices required or permitted
by this Agreement to the COUNTY by regular mail addressed separately to the Oakland County
Executive, the Chairperson of Oakland County Board of Commissioners, and the Manager of
Children's Village at 1200 N. Telegraph Road, Pontiac, Michigan 48341. The COUNTY will send
all correspondence and notices required or permitted under this Agreement by regular mail to the
Superintendent of Waterford Schools at 6020 Pontiac Lake Road, Waterford, Michigan, 48327.
19. The SCHOOL DISTRICT acknowledges that this Agreement shall be binding upon the
SCHOOL DISTRICT, its Board and Board Members, its administrators, representatives,
executors, successors and assigns, and shall inure to the benefit of the COUNTY. For all
purposes under this Agreement, the term COUNTY shall also be read to include any and all of
the COUNTY's elected and appointed officials, commissioners, board(s), committee(s),
commission(s), employees, agents, representatives, predecessors, successors, attorneys,
(whether such persons act or acted in their personal, representative, or official capacities) and
all persons acting by, through, under, or in concert with any of them.
WS94971{F 6
20. This Agreement is made and entered into in the State of Michigan and shall in all respects
be interpreted, enforced and governed under the laws of the State of Michigan. The language
of all parts of this Agreement shall in all cases be construed as a whole, according to its fair
meaning, and not construed strictly for or against any PARTY.
21. Absent an express written waiver, failure of either PARTY to pursue any right(s) granted
under this Agreement, shall not be deemed a waiver of those rights in regards to any existing or
subsequent breach or default under this Agreement.
22. As used in this Agreement, the singular or plural number, the possessive or non-
possessive, shall be deemed to include the other whenever the context so indicates or requires.
23. The SCHOOL DISTRICT shall throughout the term of this Agreement, obtain, maintain,
and provide to the COUNTY evidence of the insurance policy(s), coverage(s) and certificate(s)
as follows:
A. $1,000,000.00 Combined Single Limit Comprehensive General Liability Broad Form
Endorsement with the following as minimum requirements:
1. Products and completed operations;
2. Broad form property damage;
3. Premises/Operations;
4. Independent Contractors;
5. (Blanket) Broad form Contractual;
6. Personal Injury — delete contractual exclusion "A" and employee exclusion
"C"; and
7. "Occurrence Form"
8. Additional Insured — the COUNTY of Oakland, and its employees and
elected and appointed officials;
B. Workers' Compensation, as required by law, $100,000.00 Employers' Liability; and
C. $1,000,000.00 Combined Single Limit Automobile Liability, including hired and
leased vehicles, and owned and non-owned autos and No Fault coverage as
required by law; and
D. All Certificates of Insurance and duplicate policies of any outside vendor or
contractor shall contain the following -clauses: -
1. "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."
2. "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."
WS949.7K F 7
E. 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 the effective date of this Agreement to the Oakland
County Risk Management Office. Insurance carriers are subject to the approval
of the COUNTY. Coverage and limits are also subject to the approval of the
COUNTY.
24. This Agreement, consisting of Ten (10) pages, including the attached BUDGET
ADDENDUM which is made part of this Agreement, sets forth the entire Agreement between the
PARTIES hereto, and fully supersedes any and all prior agreements or understandings between
the PARTIES. It is further understood and acknowledged that the terms of this Agreement are
contractual and are not mere recitals and that there are no other agreements, understandings,
or representations between the PARTIES regarding the subject matter hereof, except as
expressly stated herein. This Agreement shall not be changed or supplemented orally.
IN WITNESS WHEREOF, STANLEY W. KURZMAN, President, Board of Education,
Waterford SCHOOL DISTRICT, hereby acknowledges that he has been authorized by a resolution
of the Board of Education of Waterford Schools (a certified copy of which is attached) to execute
this Agreement on behalf of SCHOOL DISTRICT, a Michigan Statutory Corporation, and hereby
accepts and binds the SCHOOL DISTRICT to the terms and conditions of this Agreement on this
day of , 1994.
WITNESS: WATERFORD SCHOOL DISTRICT,
By:
STANLEY W. KURZMAN
President, Board of Education,
Waterford School District
IN WITNESS WHEREOF, LARRY P. CRAKE, Chairperson of the Oakland COUNTY Board
of Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland COUNTY Board of Commissioners (a certified copy of which is attached) to execute this
Agreement on behalf of COUNTY, a Michigan Constitutional Corporation, and hereby accepts and
binds the COUNTY to the terms and conditions of this Agreement on this day of
, 1994.
WITNESS: COUNTY OF OAKLAND,
- -
LARRY P. CRAKE, Chairperson,
Oakland County Board
of Commissioners
WS9497KF 9
TOTAL SCHOOL DISTRICT
REVENUES
SPECIAL EDUCATION
REIMBURSEMENT
COURT PLACED STUDENT _
REIMBURSEMENT
$ 50,000.00
$ 529,720.00
$1.555.520.00
BUDGET ADDENDUM
)1p1V 1 1994 through August ZO. 1995
SCHOOL DISTRICT'S TOTAL SALARY, FRINGE BENEFIT, ADMINISTRATIVE COSTS, AND OTHER EXPENSES FOR PROVIDING
THE FOLLOWING NUMBER(S) AND CLASSIFICATION(S) OF SCHOOL EMPLOYEE(S) FOR ALL EDUCATIONAL SERVICE(S) FOR
NEEDS OF ALL CHILDREN'S VILLAGE RESIDENT(S):
One (1) PRINCIPAL $ 84,007.00
One Cl) ASSISTANT PRINCIPAL $ 64,173.00
Eighteen (18) TEACHERS $ 1,010,808.00
Four (4) TEACHER'S AIDES $ 40,490.00
Three (3) CLERICAL EMPLOYEES $ 76,995.00
One Fifth (1/5) SCHOOL PSYCHOLOGIST $ 12,240.00
One Fifth (1/51 SCHOOL SOCIAL WORKER $ 12,240.00
(as needed) COACHES / DRIVER'S EDUCATION $ 5,309.00
(as needed) STUDENT COUNCIL SPONSOR 1,397.00
(as needed) TEMPORARYIIESI & SUBSTITUTE(S) $ 13,820.00
TOTAL SCHOOL EMPLOYEE(S) $.3,321.479.00
SALARIES (from above)
TOTAL FRINGE BENEFITS $ 486,645.00
for all SCHOOL EMPLOYEE(S)
TOTAL ADMINISTRATIVE and alI $ 60,573.00
other SCHOOL DISTRICT COST(S)
GROSS SCHOOL DISTRICT $1.868.697.00
COSTS
TOTAL ANTICIPATED REVENUES TO BE RECEIVED BY SCHOOL DISTRICT FOR PROVIDING EDUCATIONAL SERVICE(S) FOR
ALL CHILDREN'S VILLAGE RESIDENT(S)
STATE AID (Head Count) $ 975,800.00
ESTIMATED NET COUNTY
Q03STS
'GROSS SCHOOL DISTRICT COSTS
less SCHOOL DISTRICT REVENUES)
$313,177.00
WS9497KF 1 0
FISCAL NOTE (Misc. #94195)
BY: FINANCE COMMITTEE, JOHN P. McCULLOCH, CHAIRPERSON
IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE -
1994/1997 WATERFORD SCHOOL DISTRICT AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee
has reviewed Miscellaneous Resolution #94195 and finds:
1. The proposed agreement, between the County and the
Waterford School District, covers the three (3) year
period from July 1, 1994 through August 20, 1997, with
annual negotiations on the agreement budget.
2. Attachment A details the agreement budget for the
period August 21, 1994 through August 20, 1995, gross
expenditures equals $1,868,697, anticipated revenues
equals $1,555,520, leaving net County cost (excluding
summer school expenses) at $313,177 for the school
year.
3. The annual amount will be divided into four quarterly
payment of $78,294.25. At the end of the school year
(after August 1995), a final adjustment will be made
matching the actual District expenses against the
revenues received.
4. Summer school actual expense will be handled as a
separate issue per Miscellaneous Resolution #94167 and
will be closed out by 10/1/94.
5. Attachment B calculates the proposed contract's effect
on the 1994/1995 Biennial Budget including the
negotiated residency payment and one time expense for
1994 summer school.
6. Excess funding of $19,512 for 1994 is available for
transfer to the 1994 Contingency account. Should
expenses not increase for 1995/1996, an additional
$186,822 is available for other purposes. However, due
to the uncertainty in school financing, no transfer of
1995 funds is recommended at this time.
7. The 1994/1995 Biennial Budget should be amended to
reflect all anticipated expenditures and revenues
associated with the Waterford School Agreement, as
specified below:
1994 1995
Revenue
3-29230-165-01-00-2056 State Aid $777,760 $1,555,520
Expenditures
4-29230-165-55-00-3726 Teacher Svs. $758,249 $1,555,520
4-10100-909-01-00-9900 Contingency 19,512 0
$777,760 $1,555,520
$ 0 $ 0
FINANCE COMMITTEE
Description
Contract Expenses
Oakland County
Waterford Schools/Children's Village School
1994/1995 Agreement'. .
1991/1992 1992/l323 199:41994 1994/1995
Actual Con7ract Contract Proposed
Expenses Bud7,et Budget Budget
Principal (1) $76,302 S'I'D.116 $0 $84,007
Assistant Principal (1) 57,069 53,923 0 64,173
Teachers (18) 1,080,078 1,2e 7 ,096 0 1,010,808
Teacher Aides (4) 56,117 ...2,015 0 40,490
Clerical (3) . 96,542 .3?„220 0 76,995
School Psychologist (.2) 10,424 5,467 0 12,240
School Social Worter (.2) 9,820 11,C49 0 12,240
Coaches/Drivers Education 10,509 1-:.,542 0 5,309
Student Council Sponsor 1,249 1,724 0 1,397
Temporary/Subs. (Admin-$500) 10,516 :1,316 0 13,920
Librarian 52,790 60,419 0 0
Reserve for Emergency Staff 0 0 0 0
Fringe Benefits 325,451 3.7.4,761 0 406,645
Sub-Total $1,787,167 $2,019,329 $0 $1,808,124
Administrative Overhead $159,323 $!00,000 $60,573
Teachers Services & Expenses $1,546,410 $2,197,960 5 500.000 $1,868,697
Contract Revenues
5zte Aid (Head Count)
Special Education
Court Placed Students
$669,723
118,781
325,269
$646,600
107,600
646,600
$0 $975,800
0 50,000
0 529,720
Total Revenues $1,114,773 $1,420,800 $0 $1,555,520
Net Contract (Expense)/Revenue ($821,717) ($797,160) ($500,000) ($313,177)
Additional County Expenses
Professional Services $3,605 $3,867 51,220 $3,600
Contracted Services 0 0 225 1,000
Equipment Repairs 992 2,435 2,032 1,200
Expendable Equipment 0 2,344 1,562 800
Laurylry and Cleaning 228 256 234 500
Memberships, Dues 636 1,833 Leo 1,060
Personal Mileage 580 420 222 448
Training 1,222 3,521 2,394 2,000
Auto Shop Supplies 387 0 0 500
Drugs 0 0 0 150
I, .
Educational Supplies 9,212 ' 10,167 8,885 12,000
Text Books 1,131 1,853 0 0
Oakland County
Waterford Schools/Children's Village School
1994/1995 Agreement - . .
Description
1991/1992 1912/1993 1993/1994 1994/1995
Actual Cor.:.ract Contract Proposed
Expenses Ege ,_ Budget Budget
Computer Software 0 0 802 2,1no
Library Supplies 8,910 12,972 12,345 12,700
Library Services 18,447
Office Supplies 608 977 711 500
Postage 1,333 1,036 1,215 1,000
Provisions 208 257 22 100
Recreational Supplies 324 6,274 F38 50 ,7.
Recreational Activities 756 906 945 1,200
Small Tools 0 0 0 300
Capital Outlay 19,071 :5,716 0 0
Building Space Cost 154,234 1 77 ,151 193,651 169,382
Computer Services 780 427 1,215 1,503
Equipment Rental 17,127 22,617 25,220 26,000
Radio Communications 0 0 46 0
Convenience Copier 7,150 7,826 6,865 4,600
Stores-Miscellaneous 234 234 282 309
Stores-Stock 376 338 306 211
Print Shop 931 1,323 777 630
Telephones 5,163 5,576 5,622 6,150
Total Additional $227,935 6281,266 5262,305 5268,910
TOTAL COUNTY COST $1,059,652 $1,17 1,426
Prepared By: Budget Division/TS
13-May-94
$762,305 $582,087
Attachment B
1994-1996 Waterford School District Agreement
Effect on 1994/1995 Biennial Budget
Net County
Revenue Expenditures Savings/(Cost)
1994 Budget
Adopted Budget $1.) $50Q000
Last Half 93/94 Contract 0 250,000
First Half 94/95 Contract 777,760 934,349
Residency 0 11,000
Summer School (Maximum) 0 62,900
Total Needs $777760 $1.258,249
Budget Amendment $777,7_80
1995 Budget
Adopted Budget $0 $500,000
Last Half 94/95 Contract 777,760 934,349
First Half 95/96 Contract 777,760 934,349
Total Needs $1.555,520 $1,868.698
Budget Amendment $1,555.520 $1,368_698 $186,822
Prepared by: Budget Division 06/02/94
Allen, Coun
Resolution 494195 June 23, 1994
Moved by Obrecht supported by Aaron the resolution be adopted.
AYES: Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (24)
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 June 23, 1994 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 23rd day ofirlyne 1994. /- II 7/