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HomeMy WebLinkAboutResolutions - 2003.06.12 - 27176REPORT (MSC. 103125) June 12, 2003 BY: Finance Committee, Chuck Moss, Chairperson IN RE: MR #03125 - DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE, 2003-2005 WATERFORD SCHOOL DISTRICT AGREEMENT To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be amended to add the following BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to sign the contract agreement and to approve contract modifications and extensions within 15% of the original contract consistent with the contract agreement as originally approved. The Finance Committee further reports the operating agreement is standard for multi-year intergovernmental agreements and is reviewed annually to assess the appropriateness of service, staff and costs. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION # 03125 May 29, 2003 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE, 2003-2005 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 County and the Waterford School District have reached agreement as to staffing require- ments, contract language, and estimates of revenues and expen- ditures as detailed on 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, 2003, and ending June 30, 2006, 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 Exe- cutive'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 General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE taw ei44,761 General Government Committee Vote: Motion carried on a roll call vote with Hatchett voting no. DATE: Extension _ Initial . Revision # If 'other' is checked, please explain: Final [1 Other ration Counsel • Disapproved"OModify Date /2_3 Signature F-04:oved Disapproved Modify Date 0 Signat Risk Management Signatur i_ CONTRACT/PROGRAM.REV1EW REQUEST TO: FROM: TITLE/SUBJECT: Fi Cr03 7747/coock 7--CM 0.4 ti,\C LC), Cdii act, ACkia6M_G-T7 FILE # DEPARTMENT ...k.-t/C.1...(li„-S.4_4)--k i/tLLA<.4 CONTACT PERSON .c5.4„.A CVEIZAL-1-- 1%-kAmACP-- PHONE # STATUS (Check appropriate box) , Board Resolution required? FIN° NYes Resolution # O — • Personnel Department VIApproved riDisapproved'EModify Date .51,,c/(9 3 Signature Management & Budget gApproved I IDisapproved*F1Modify Date Contract/Pro gram Synopsis: •.. When Disapproved is Noted or Modification is Requetted, Attach Explanation. DEPARTMENT OF HUMAN SERVICES/CHILDREN' S VILLAGE CHILDREN'S VILLAGE SCHOOL OPERATING AGREEMENT WITH WATERFORD SCHOOL DISTRICT FOR FISCAL YEARS 2003, 2004, and 2005 • This contract represents a three-year operating agreement between the County of Oakland and the Waterford School District to provide educational services for children in residence at Children's Village. • This operating agreement provides for on-site educational services, including summer school, to be provided by the Waterford School District at Children's Village School as well as secure detention education sites located in 3 Building, A-North Building, and A-South Building on the Children's Village campus. • The operating agreement is reviewed annually to assess the appropriateness of service, staff, and costs. • Waterford School District and Children's Village School are fully accredited to provide primary and secondary education through the North Central Accreditation Association. • For Fiscal Year 2003-2004 the total net cost to Oakland County for contracted educational services provided by Waterford School District is $590,363. Fiscal Year 2003-2004 Children's Village School Operating Agreement Total Cost $2,502,500 Total Revenue 1,912,137 Net Cost $590,363 ** CHILDREN'S VILLAGE SCHOOL OPERATING AGREEMENT Between COUNTY OF OAKLAND and WATERFORD SCHOOL DISTRICT BUDGET ADDENDUM JULY 1, 2003, THROUGH JUNE 30, 2004 School District's total salary, fringe benefit, administrative cost, and other expenses for pfoviding the following number(s) and classifications of school employees for all educational services for needs of all Children's Village residents: Salaries Teachers (19) $1,194,174 Drivers Education 8,280 Coaching 7,437 Psychologist (1/5) 9,635 School Social Worker (1/5) 9,635 Teacher Assistants (10.83) 144,000 Director (1) 109,731 Secretarial (3) 97,799 Referee 600 Total Salaries 1,581,291 Fringe Benefits 662,400 Total Salaries and Fringe Benefits 2,243,691 Other Costs Miscellaneous/Administrative Office Costs 22,668 Educational Supplies* 79,600 Administrative Costs (Indirect Costs)** 80,438 Summer School 76,103 TOTAL SCHOOL DISTRICT COSTS $2,502,500 Total anticipated revenues to be received by school district for providing educational services for all Children's Village residents. State Aid (Based on estimated count of 166) $1,173,288 Special Education Reimbursement (Sec. 53) 25,000 Court Placed Student Reimbursement 713,849 TOTAL SCHOOL DISTRICT REVENUES $1,912,137 ESTIMATED OAKLAND COUNTY COSTS (NET) $590,363 Educational supplies and/or materials which qualify for aid under Section 24 of Article 5 of the Michigan School Aid Act. The cost of educational supplies included in expense for state reimbursement. Administrative cost (i.e., indirect) based on salaries and fringe benefits only. 1 Brian Whiston, President Board of Education Waterford School District Thomas A. Law, Chairperson Oakland County Board of Commissioners IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates hereunder indicated. WATERFORD SCHOOL DISTRICT COUNTY OF OAKLAND A Michigan Constitutional Corporation Date: Date: WITNESS: WITNESS: 2 CHILDREN'S VILLAGE SCHOOL 2003-2005 FISCAL YEAR OPERATING AGREEMENT WITH WATERFORD SCHOOL DISTRICT 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 46341 (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 and supervision of all RESIDENT(S) while participating in any SCHOOL DISTRICT-supervised classes, programs, or activities. 2003-0321 CV_Scnool Contract 2003-2005.doc 1 3, The SCHOOL DISTRICT shall employ and assign certified schoolteachers 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 schoolteachers 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 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 DISTRICT's 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 2003-0321 CV_School Contract 2003-2005.doc 2 of any duty under the terms of this Agreement, the common law, or under applicable State or Federal Law. 7. To the extent authorized by law, and 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, and significant expense associated with educating a handicapped Children's Village RESIDENT(S), 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. 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 BUDGET ADDENDUM which is hereby incorporated into and made part of this Agreement) that the SCHOOL DISTRICT actually 2003-0321 CV ...School Contract 2003-2005.doc 3 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 DISTRICT 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 COUNTY 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 DISTRICT REVFNI WS, and the ESTIMATED NET COUNTY COSTS for the period beginning July 1, 2003, and ending June 30, 2004, or One (1) year of this Three-year (3) Agreement, The SCHOOL DISTRICTs fiscal year begins on July 1 and ends June 30 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, 2004, and again by February 28, 2005, 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 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 DISTRICT's 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. 2003-0321 CV_School Contract 2003-2005.doc 4 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 DISTRICTs cash flow requirements and thedifficulty 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 percent (25%) 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, January 15, April 15, and at the end of each school year during the term of this Agreement the SCHOOL DISTRICT will submit a detailed statement to the COUNTY for the actual total expenditures which comprise 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 DISTRICT 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 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 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 onJuly 1,2003, and end at 11:59 P.M. onJune 30, 2004, 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, 2004, they will notify the other PARTY in writing by February 28, 2004, and shall immediately begin negotiations toward a new agreement. In the event that either PARTY wishes to renew this Agreement beginning onJuly 1, 2005, they will notify the other PARTY in writing by February 28, 2005, and shall immediately begin negotiations toward a new agreement. 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 itsJune 30, 2006, 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 June 30, 2006, 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) 2003-0321 CV School Contract 2003-2005.doc 5 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 June 30, 2006. 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 pretermination 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, the Director of the Department of Human Services, 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. 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 nonpossessive, 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: 2003-0321 CV _School Contract 2003-2005.doc 6 A. $1,000,000.00 Combined Single Limit Commercial 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" 7. "Occurrence Form;" 8. Additional Insured — the COUNTY of Oakland, elected and appointed officials; and and employee exclusion and its employees and B. Workers' Compensation, as required by law, $500,000.00 Employers' Liability; and C. $1,000,000.00 Combined Single Limit Automobile Liability, including hired and leased vehicles, and owned and nonowned 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 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." 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. 2003-0321 CV_School Contract 2003-2005.doc 7 IN WITNESS WHEREOF, BRIAN WHISTON, 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 , 2003. WITNESS: WATERFORD SCHOOL DISTRICT, By: BRIAN WHISTON President, Board of Education Waterford School District IN WITNESS WHEREOF, Thomas A. Law, 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 , 2003. WITNESS: COUNTY OF OAKLAND, By: THOMAS A. LAW, Chairperson Oakland County Board of Commissioners 2003-0321 CV School Contract 2003-2005.doc 8 Resolution #03125 May 29, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. • FISCAL NOTE (M.R. 403125) BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE, 2003-2005 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Oakland County and the Waterford School District have historically contracted to ensure a quality education for residents of the Children's Village through the provision of educational and administrative staff by the District. 2. In order to maintain a quality level of education the negotiated agreement is proposed for three (3) school years beginning July 1, 2003 and ending June 30, 2006, with annual budget negotiations to begin no later than February 28 of each year. 3. Total net cost for Fiscal Year 2003/04 is $590,363. This is an increase of $167,080 from the previous FY2002/03 agreement of $423,283. 4. Funding relating to the acceptance of this agreement has been included in the Fiscal Year 2004 budget, no budget amendments are required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. June 12, 2003 fog' I June 12, 2003 Resolution #03125 Moved by Patterson supported by KowaII the resolution be adopted. Moved by Patterson supported by KowaII the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Suarez the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Douglas, Gregory, Jamian, Knollenberg, KowaII, Law, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter, Crawford. (21) NAYS: Hatchett, Long, McMillin. (3) A sufficient majority having voted therefore, the resolution, as amended, was adopted. APPRINE lit FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 12, 2003, 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 12th day of June, 2003.