.N;f;Jic Schools Agenda Regular Meeting Monday, April 11,2016 6:00p.m.
Adrian High School 785 Riverside Avenue, Room B-100 Adrian, MI 49221
A.
Call to Order 1. Pledge of Allegiance 2. Approval of Agenda 3. Mission Statement 4. Prearranged Audience Participation 5. Good News Reports a. Winter Athletes- All-Conference, All-County Honors b. International Students- China, Taiwan, Hong Kong 6. Communications a. Resignation of Pamela Rembowski, AHS Teacher
B.
Recommended Action 1. Consent Agenda a.* Approval of Minutes from March 28,2016, Regular Meeting 2.
Business Requiring Board Action a.* Approval of EduStaff Contract b.* Approval of 2015-2016 Budget Amendments
3.
Business Requiring Future Board Action
C.
Reports from Superintendent and Staff
D.
Future Meetings and Business 1. Board Committee Reports-Personnel, Finance 2. Board Member Comments 3. Meeting Dates & Upcoming Events April 21, 2016, I.B. Personal Project Night, 5:00p.m. AHS Global Learning Center April 25, 2016, BOE Meeting, 6:00p.m. Lincoln Elementary, 158 S. Scott St. April 28, 2016, Foundation Night, 6:30p.m. PAC April28, 2016, Joseph and The Amazing Technicolor Dreamcoat, PAC May 2, 2016, Last Day to Cast your Absentee Ballot May 3, 2016 Bond Election Day, 7:00 a.m.-8:00p.m.
E.
Non-arranged Audience Participation
F.
Closed Session AESPA, AFSCME, and IUOE Negotiation Update
G.
Adjournment
*Denotes Exhibits
In partnership with families and our community, Adrian Public Schools provides a quality education, challenging students to excel academically and inspiring them to become contributing citizens within our diverse, ever changing society.
EXECUTIVE SUMMARY DATE: April11, 2016
CONTACT PERSON: Alice Chamberlain
PURPOSE Resignation of Pamela Rembowski
EXPLANATION: In accordance with Board Policy GCPD, the Superintendent is authorized to accept employee resignations or retirements on behalf of the Board of Education. Pamela has submitted her resignation with Adrian Public Schools effective April 15,2016. Pamela has been employed with the district since 2012.
RECOMMENDATION: It is the recommendation of the Director of Human Resources that the Adrian Board of Education acknowledge the resignation of Pamela Rembowski effective April 15, 2016.
R- - CFIVEO MAR 3 i 2016 March 29, 2016 To whom it may concern: Due to our family's relocation, I will no longer be able to work at Adrian Public Schools. I have thoroughly enjoyed my time here at APS. I know that I have grown professionally while here. I want to thank you for giving me the opportunity to work here, and I thank everyone here for welcoming me into this beautiful community. I will forever be a Maple. Please consider this my letter of resignation. My last day will be Friday, April15, 2016.
Sincerely,
Pamela Rembowski
J, drian Public Schools
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Robert Behnke Superintendent 785 Riverside Avenue, Suite 1 • Adrian, Michigan 49221 Phone: 517 I 264-6642 517 I 264-6640 Fax: 517 I 265-5381 www.theadrianmaples.com
April 4, 2016 Pamela Rembowski 11233 N. Custer Rd. Monroe, Ml48162 Dear Pamela, My office is in receipt of your letter announcing your desire to resign as an employee of Adrian Public Schools effective April 15, 20 16. By district policy, "Acceptance of Employee Resignation/Retirement GCPD", your request is granted and authorized on behalf of the Board of Education. Thank you for your service to the district.
Sincerely,
Robert D. G. Behnke Superintendent c:
Personnel File
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MINUTES OF THE REGULAR MEETING OF THE ADRIAN BOARD OF EDUCATION, MONDAY, MARCH 28, 2016, AMS 5/6, 340 E. CHURCH STREET, ADRIAN, Ml The meeting of the Adrian Board of Education was called to order by MEETING CALLED President Engle at 6:00 p.m. TO ORDER PRESENT: President Engle, Vice President Sheehan, Trustees, Ballard, Baucher, Batt, Henagan, and McDowell ABSENT:
None
Pledge of Allegiance was recited.
PLEDGE RECITED
Moved by Trustee Bott, supported by Trustee Ballard, that the Adrian AGENDA Board of Education approve the agenda. APPROVED Motion carried by a 7-0 vote. MISSION Vice President Sheehan recited the district's m1ss1on statement as a STATEMENT
reminder of the purpose and direction of the district. Carrie Hartley, from the Boys and Girls Club, gave an update on their COMMUNICATIONS program. Carrie told the board that in 2011 the average attendance was 82 youth. Today, the average attendance is 195, with some day's attendance over 300. The biggest area of growth has been with the teen and tween age group. Storm Frank, a student in the program, told the board that she has been attending Boys and Girls Club since 2011. She said that it would really nice if the teens could have a floor dedicated just to them. She believes attendance with the teens would increase. Ms. Hartley was excited about the endless possibilities that would be afforded to the Boys and Girls Club should the bond pass. Matt Schwartz, principal at AMS 5/6 gave a School Improvement update. M-STEP results given in April of last year for all students in Reading and Math showed that 5th grade was under the county average and 61h grade was above the county average. Mr. Schwartz informed the board that the school is wireless in all locations. He said that technology is being used in a variety of ways throughout the building: lpod touches, Chromebooks, and new computer labs are just a few examples. Moved by Trustee Baucher, supported by Trustee Henagan, that the Adrian APPROVAL OF Board of Education approve the consent agenda. CONSENT AGENDA
The Consent Agenda contained the following items: 1. Minutes of the March14, 2016 Regular Meeting 2. Minutes of the March 14,2016 Closed Session
3. Minutes of the March 21, 2016 Special Meeting 4. Minutes of the March 21, 2016 Closed Session 5. Personnel Report
1. Approval of Hire- Olivia Cagle, Head Start 2. Approval of Hire- Katee Koren, Head Start Motion carried by a 7-0 vote. Moved by Vice President Sheehan, supported by Trustee Ballard, that the Adrian Board of Education approve the Wi-Fi vendor at AMS 7/8.
APPROVAL OF WIFl VENDOR AT AMS / 7 8
Motion carried by a 7-0 vote. Moved by Trustee McDowell, supported by Trustee Ballard, that the Adrian Board of Education approve the Athletico Contract. Trustee Ballard asked, "Are we happy with the services provided"? President Engle commented that he has heard only positive feedback, and with a student athlete of his own, he likes what Athletico is doing.
APPROVAL OF ATHLETICO CONTRACT
Motion carried by a 7-0 vote. Moved by Trustee Henagan, supported by Trustee McDowell, that the Adrian Board of Education, approved the Revisions to Board Policy CCA, Adrian Public Schools Organizational Chart.
APPROVAL OF REVISIONS TO BOARD POLICY CCA
Motion carried by a 7-0 vote. Moved by Trustee Bott, supported by Vice President Sheehan, that the Adrian Board of Education accept donations from ASEF, Wilson Financial, and The Meemic Foundation For the Future of Education.
ACCEPTANCE OF GIFTS
Motion carried by a 7-0 vote. First Reading of the EduStaff contract was held. Kathy Westfall informed the board that the current provider for substitute personnel for all county school districts is PESG. Over, the last several years, the district has not received good customer service from PESG. During a recent County wide request for proposal process conducted by the ISO, PESG was once again chosen for these services. APS administration has chosen to contract with a different vendor. EduStaff will provide increased customer service for both administration, as well as their substitutes.
FIRST READING OF EDUSTAFF CONTRACT
A kick off meeting will be held to review the transition for Adrian Public School substitute teachers in the district. Current substitutes will be grandfathered into EduStaff while new employees will be required to follow EduStaff's employment requirements. Superintendent Behnke updated the board on enrollment numbers for grade at Prairie. The minimum requirement has been met, but the maximum number has not been surpassed.
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REPORTS FROM SUPERINTENDENT AND STAFF
Mr. Behnke reminded the board that a Community Bond Forum Update will take place Thursday, March 31st from 12:00-1:00 p.m. at the Adrian District Library. Mr. Behnke informed the board that the Curriculum Writing Process was ready to begin in regards to Technology and Spanish. Also, a community meeting is planned for March 30th to gather input on local perspective. Superintendent Behnke shared with the board the Adrian High School Dual Enrollment Form. Adrian College will offer 4 classes, Jackson College will offer 1 class, and Siena Heights University will offer 6 classes. Derrick Richards shared that the BlueBotics Team had won the Judge's Award at their recent competition. Mr. Richards said that this competition helped them see areas where they could improve. The team competes Friday, April ath from 9:00-2:30 in Ann Arbor. Transportation is being provided by First Student for any student interested in watching the competition. Moved by Trustee Batt, supported by Vice President Sheehan, that the Adrian Board of Education adjourn to closed session at 7:11 p.m. for the purpose of AEA negotiation update.
ADJOURN TO CLOSED SESSION
ROLL CALL VOTE: Yeas: President Engle, Vice President Sheehan, Trustees, Ballard, Baucher, Batt, Henagan, and McDowell Nays: none Motion carried by a 7-0 vote. Moved by Trustee Buacher, supported by Trustee Henagan, that the Adrian Board of Education return to regular session at 7:23 p.m.
RETURN TO REGULAR SESSION
ROLL CALL VOTE: Yeas: President Engle, Vice President Sheehan, Trustees, Ballard, Baucher, Batt, Henagan, and McDowell Nays: none Motion carried by a 7-0 vote. Moved by Trustee Henagan, supported by Trustee Bott, that the Adrian Board of Education approve the Tentative Agreement for the Economic Reopener for 2016-17 between the Board of Education of the School District of the City of Adrian and Adrian Education Association, MEAAffiliated of NEA.
APPROVAL OF TA FOR ECONOMIC REOPENER
President Engle thanked administration and the AEA for their work, effort, and cooperation in this matter. Motion carried by a 7-0 vote. There being no further business, a motion made by Trustee Bott supported by Trustee McDowell, that the meeting be adjourned. Motion carried by a 7-0 vote. MEETING ADJOURNED
The meeting adjourned at 7:27. p.m.
Edward J. Engle Ill, President
Janet McDowell, Secretary
EXECUTIVE SUMMARY DATE: April11, 2016
CONTACT PERSON: Alice Chamberlain Kathy Westfall
PURPOSE To approve the EduStaff Agreement.
EXPLANATION: The current provider for substitute personnel for all county school districts is PESG. Over the last several years, the district has not received good customer service from PESG. During a recent County wide request for proposal process conducted by the lSD, PESG was once again chosen for these services. APS Administration has chosen to contract with a different vendor, EduStaff, for these services, despite the decision by other county schools to stay with PESG. EduStaff does not charge fees to their employees, other than for fingerprints. Our current vendor charges substitutes an administrative fee, plus a fee of $40 for additional training. EduStaff has more in person classroom management training, as well as additional screening of potential employees during the hiring process. Overall, EduStaff will provide increased customer service for both administration, as well as their substitutes. EduStaff is charging the district an 18% contract rate. Our current rate with PESG is 17.96%. The conversion to EduStaff is planned to take place July 1, 2016.
RECOMMENDATION: It is the recommendation of the Director of Human Resources and the Chief Financial Officer that the Adrian Board of Education approve the agreement with EduStaff, and authorize the Chief Financial Officer to sign on behalf of the district.
Innovative Substitute Stajfing Solutions for a BeLter Classroom
Educational Staffing Services Master Agreement (2 Party Version) THIS AGREEMENT rAgreement") is entered into and made effective between EDUStaff, LLC ("EDUStaff'), a Michigan limited liability company with its principal place of business located in Grand Rapids, Michigan and Adrian Public Schools ("Client"), with its principal offices in Adrian, Michigan. RECITALS WHEREAS, EDUStaff is a private company engaged in the business of providing educational staffing services to educational institutions, with the resources, expertise, training, capacity and qualifications to perform the services contemplated under this Agreement; WHEREAS, Client is a Public School District or Intermediate School Districts authorized under the Revised School Code, MCL 380.1
et seq, to enter into agreements with other public or private entities for the purpose of securing independent contractors to carry out their general powers and functions; WHEREAS, Client wishes to retain EDUStaff to provide educational services to Client, as set forth in Section 2 (Description of Services) and Exhibit A (Scope of Services}. NOW, THEREFORE, EDUStaff and Client agree as follows: SECTIONl: RELATIONSHIP OF PARTIES A.
DEFINITION OF CUENT & SUPPUED STAFF
The term "Client" refers to the educational institution listed above that (1} engages the services that EDUStaff is providing to the educational institution. The term "Supplied Staff' refers to the EDUStaff employee(s} or subcontractors whom EDUStaff has assigned to perform services for Client under this Agreement. B.
RELATIONSHIP BETWEEN CUENT AND EDUStaff
EDUStaff will act solely as an independent contractor retained by Client to perform the educational services identified in this Agreement. Nothing in this Agreement shall create or imply an agency relationship between EDUStaff and Client, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties. EDUStaff is the sole employer of Supplied Staff and Client shall not be deemed or considered to be an employer or joint employer of Supplied Staff for purposes of any services performed pursuant to this Agreement. EDUStaff will furnish all labor necessary to perform the work described in this Agreement, and shall solely control the means, manner and method of performance. Should Client have any issues or concerns with Supplied Staff or the services they provide, Client shall have the right to notify EDUStaff of those issues or concerns and make recommendations or suggestions to resolve them. EDUStaff, however, exclusively retains all rights and responsibilities inherent in the employment relationship, including but not limited to, the right to hire, fire, discipline, supervise and otherwise control the terms and conditions of employment. EDUStaff also has sole responsibility for payment of wages and benefits, withholding and payment of any applicable local, state or federal taxes, payment for Workers' Compensation protection, unemployment insurance taxes and other employer obligations. Should any individual or entity assert a claim against Client for any liability associated with payment of salaries, wages, benefits,
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
P: 877.974.6338 F: 877.974.6339 www.EDUStaff.org
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Innovative Substllule Staffing Sobltlonsfor a Better Classroom payroll or other taxes related to Supplied Staff during the time they were employed by EDUStaff, Client shall immediately notify EDUStaff, and EDUStaff shall defend the Oient at its sole expense, and shall indemnify Client against any and all liability or damages associated with any such claim.
C.
RElATIONSHIP BElWEEN EDUStaff AND SUPPUED STAFF
EDUStaff will be the sole employer of Supplied Staff, who are "at will" employees of EDUStaff. EDUStaff will assign Supplied Staff to perform the services described in Exhibit A for Client in accordance with the terms of this Agreement. EDUStaff shall have sole and exclusive responsibility for the following costs and charges attributable to the Supplied Staff: a) b) c) d)
All wage payments All applicable state and federal employment taxes and costs All applicable premium costs for insurance coverages and programs applicable to Supplied Staff All expenses incurred by Supplied Staff.
D. RElATIONSHIP BElWEEN CUENT AND SUPPUED STAFF While providing services to Client, Supplied Staff shall be deemed employees of EDUStaff and shall be managed and controlled by EDUStaff as their employer. EDUStaff's Supplied Staff are not eligible for any Client wages, benefits or contract privileges, nor are they covered by laws or programs applicable exclusively to public school employees, including but not limited to the Michigan Teacher Tenure Act, the Michigan Public School Employees Retirement System, or the Revised School Code. Furthermore, Client may not directly pay, compensate or promise any remuneration to Supplied Staff for services covered under this Agreement. Supplied Staff may not receive mileage, conference fees, training expenses, or other similar expenses from Oient. Client has the right to remove an EDUStaff employee or Supplied Staff who violates the Client's policies, rules and/or procedures from the Client's premises and/or from the Client's school activities. If Client chooses to utilize Supplied Staff in a capacity for which the individual is not approved by EDUStaff, Oient automatically accepts any liability arising in whole or in part from Supplied Staffs performing such functions, and Client will hold harmless EDUStaff from any claims arising therefrom including actual attorney fees. EDUStaffs employees and agents shall not be considered agents or employees of Client for any purpose and no such employees or agents are entitled to any of the rights, compensation or other benefits which Client may provide its own employees or which Client may be obligated to provide under Section 1236 of the Revised School Code for services covered under this Agreement.
E.
PLACE OF WORK
Oient shall provide sufficient workspace and a safe working environment for Supplied Staff to allow the successful performance of services by EDUStaffs Supplied Staff. Client will provide EDUStaff with information about, and copies of, any policies or procedures with which Supplied Staff will be expected to comply.
SECTION 2: DESCRIPTION OF SERVICES A. PERFORMANCE OF SERVICES EDUStaff will provide the educational services described in Exhibit A (Scope of Services) for the pricing described in Exhibit B (Pricing). Either EDUStaff or Client may propose a change to Exhibit A or B, or propose additional document(s) to be included as exhibits to this Agreement. Any such modifications(s) must be mutually agreed upon in writing between the Parties prior to implementation.
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
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Inno-vative Substitute Staffing Sollltions for a Beller Classroom EDUStaff will recruit, screen/interview, select, hire and assign qualified employees to provide services to Client under this Agreement. Supplied Staff assigned by EDUStaff to perform services under this Agreement tor the Client shall, where applicable, be fully certified, licensed, approved and otherwise qualified to perform the functions assigned to and in conformance with the provisions of Michigan law, including but not limited to the Michigan Revised School Code and the Michigan Teacher Certification Code. EDUStaff warrants that Supplied Staff have completed EDUStaffs screening and formal training process, provided required employment documentation and fulfilled certification requirements for applicable positional placements. EDUStaff will not furnish any personnel to the Client who would be ineligible for employment by the Client if that person were instead employed directly by the Client under the above laws and statutes. EDUStaff agrees that it will require Supplied Staff to comply with Client's policies and procedures that are communicated to the Supplied Staff to the extent applicable to the performance of services under this Agreement including policies regarding non-discrimination; sexual harassment; corporal punishment; child abuse and neglect reporting; confidentiality of student records; administration of medication of pupils; disability accommodation; communicable diseases; blood borne pathogens; alcohol and controlled substances; electronic communications and copyright. Client will provide EDUStaff and Supplied Staff a copy of the applicable policies. In the event Supplied Staff is alleged to have violated Client policy, Client will immediately notify EDUStaff and EDUStaff will promptly investigate and take appropriate action. Nothing in this Agreement prevents Client from barring Supplied Staff from the premises or requesting EDUStaff to remove Supplied Staff; however, Oient's right to determine who is permitted on its property shall not affect EDUStaffs sole discretion to hire, assign, reassign, discipline and/or terminate Supplied Staff.
B. CRIMINAL BACKGROUND CHECKS Pursuant to the requirements of Sections 1230 and 1230a-h of the Revised School Code, and as authorized by Section 1236a(2)(e) of the Revised School Code, EDUStaff shall cooperate fully with the Client to ensure that a criminal history check through the Michigan State Police, as well as a criminal records check through the Federal Bureau of Investigation, has been conducted with regard to all persons assigned by EDUStaff under this Agreement to work in any of the Client's facilities or at program sites where the Client delivers educational programs and services. EDUStaff shall ensure that all individuals it may assign under this Agreement take all necessary steps of filling out all necessary paperwork and paying all necessary fees (for the background checks, fingerprinting, and ICHAT checks), to comply with Sections 1230 and 1230a-h of the Revised School Code, and any record keeping requirements of the Michigan State Police. EDUStaff will provide an electronic system for Client to "green light/red light" eligible contracted staff. EDUStaff will comply with this system as part of assigning any contracted staff under this Agreement. Client shall ensure that the individual has completed all applicable necessary "CHRI" requirements contained within Sections 1230 and 1230a-h of the Revised School Code. Oient shall not "green light" any contracted staff for EDUStaffifsuch person has been convicted of any of the following offenses: (a) Any "listed offense" as defined under Section 2 of the Sex Offenders Registration Act, MCL 28.722; (b) Any offense enumerated in Sections MCL 380.1535a or 380.1539b of the Revised School Code, MCL 380.1S35a; 380.1539b; (c) Any felony. Provided, that with prior written approval of the Superintendent and of its Board of Education an individual who has been convicted of a felony (other than a "listed offense" as defined above) and who is regularly and continuously providing services under this Agreement at the Client facilities or program sites may be permitted to perform such services when, in the judgment of the Superintendent and Board of Education, that individual's presence will not pose a danger to the safety or security of the Client's students or employees; (d) Any misdemeanor conviction involving sexual or physical abuse as those terms are defined in Sections 1230(10) and 1230a(8) of the Revised School Code; or
•
3330 Broadmoor Ave SE, Suite A Grand Raoids. MT 4Q ~ 1?.
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Innovative Substitute Staffing Solutions for a Better Clilssroom (e) Any offense of a substantially similar enactment (to those enumerated in A-D, above) of the United States or another State; or (f) any other offense that would, in the judgment of the Client, create a potential risk to the safety and security of students serviced by the Oient or employees of the Client.
C. COOPERAnON WITH MPSERS REPORTING To enable Client to comply with Its reporting obligations under the Michigan Public School Employees Retirement Act (known as "MPSERSN), EDUStaff (1) shall promptly notify Oient in writing when EDUStaff becomes aware that a Supplied Staff member is a retiree entitled to MPSERS benefits; and (2) shall provide information on a pay period basis regarding any such individual's wages or amounts paid and hours of service under this Agreement, as necessary for Client to report on a schedule and in such manner as may be determined from time to time by MPSERS. In order to comply with this obligation, EDUStaff shall ask Supplied Staff whether they are retirees who now or in the future will be entitled to benefits under MPSERS. Neither Oient nor EDUStaff shall be held liable for any false answers provided by the individual employee. Client will not seek indemnification from EDUStaff for any liability it may incur under MPSERS for false information provided by Supplied Staff to EDUStaff or Client or both.
D. PERFORMANCE & INFORMATIONAL SHARING GUARANTEE EDUStaff agrees that the Supplied Staff will perform all required services in a manner consistent with generally accepted proficiency and competency for the type and nature of services rendered. The Client shall communicate promptly to EDUStaff any performance failure, and EDUStaff will make every reasonable effort to address all issues within ten business days. Any issues that are unresolved to Oient's satisfaction within ten days shalt allow client to ·terminate this Agreement. In the event this Agreement is terminated between the parties, to the extent allowed by taw, EDUStaff shall supply to Client any information about the Supplied Staff that Client may require to property execute any remaining state reporting requirements and that Client may require to transition to a successor contracting supplier.
E. AFFORDABLE CARE ACT EDUStaff and Client agree that EDUStaff is intended to be the common law employer of Supplied Staff for purposes of the Patient Protection and Affordable Care Act of 2010, as amended, and its implementing regulations and regulatory guidance ("Affordable care Act"). EDUStaff will offer each Supplied Staff the opportunity to enroll in a group health plan that constitutes "minimum essential coverage" as defined in Section SOOOA(f) of the Internal Revenue Code as of the first day of the month following the completion of a 30-day waiting period.
SECTION 3: TERM Of AGREEMENT AND TERMINATION This Agreement shall commence on the Effective Date identified in the first paragraph of this Agreement and remain in full force for a 3 year period unless terminated earlier as provided in this Section. This Agreement shall supersede and replace any 2 Party Agreement in place between EDUStaff and the lSD or any Constituent School District that is already enforce. Either party may terminate this Agreement for any reason or for no reason upon sixty (60) days written notice to the other party. In the event of a material breach of this Agreement, the non-breaching party may terminate this Agreement immediately by giving written notice of termination to the breaching party. In the event of termination, Client will pay EDUStaff for all of the work performed up to the date of termination. Provisions in this Agreement related to indemnification, insurance, liability, confidentiality, and intellectual property shall survive any termination of the Agreement.
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
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Innovative Substitute Staffing Sohllionsfor a Better Classroom
SECTION 4: INVOICE AND PAYMENT A. AMOUNT OF SERVICE FEES Client will pay EDUStaff for the services provided under this Agreement, as specified in Exhibit B (Pricing).
B.
INVOICE PROCEDURES AND PAYMENT OF SERVICE FEES
EDUStaff shall invoice Oient bi-weekly for all applicable charges for the billing period. The invoice shall, itemize the service rendered and the dates of service. These invoices shall be emailed to the Client-designated contact by Tuesday noon following the applicable billing period. The invoice shall be in the form of a "PDF" document for auditing and an "Excel" document for internal accounting integration. The invoices shall contain the information and detail reasonably required by Client to determine the invoices are accurate and to satisfy reasonably prudent auditing and accounting practices. Client agrees to pay all invoices {as billed and/or approved) via ACH bank transactions initiated by EDUStaff prior to the close of business on the first Wednesday following the date of invoice. Any mutually agreed upon adjustments to an invoice will be applied in the next invoice cycle. In the event of a non-funded or rejected ACH transaction, EDUStaff reserves the right to require a same day payment in the form of a wire transaction from the Client. In the event of chronic non-funded or late transactions, EOUStaff may declare a material breach of this Agreement and terminate the Agreement. All unpaid invoices and all charges for services provided and not yet invoiced shall become due and payable.
SECTION 5: UABIUTY. INSURANCE AND INDEMNITY A.
LIABILITY
Except as otherwise specifically provided in this Agreement and to the extent permitted by Michigan Law, EDUStaff shall indemnify, defend and hold harmless the Client, its board members, officers, directors, employees and agents, from and against all liability, damages, fines, causes of action, losses, costs or expenses {including attorney fees) arising solely from the actions or omissions by EDUStaff, its agents or employees. In the event liability is incurred by Client in part from the acts or omissions of EDUStaff, its agents or employees, EDUStaff will be responsible for payment of its proportionate share of the damages and attorney fees in proportion to the respective percentages of fault giving rise to such liability. EDUStaff is responsible for the payment of all taxes that are payable as the employer or contractor of Supplied Staff. EDUStaff further agrees to indemnify and hold harmless the Client for any liability with the Internal Revenue Service or any State tax agency, as well as local laws and regulations regarding the payment of such taxes on wages paid its employees. EDUStaff shall indemnify and hold harmless Client and it officers, directors and employees for any claims brought or liabilities imposed against Client, including claims related to workers' compensation, wage and hour laws, employment taxes and benefits. Client shall immediately notify EDUStaff if any such claim should be asserted against client. Failure of Oient to immediately notify EDUStaff of any such claim so shall release EDUStaff from any liability that it may otherwise incur under this paragraph. Client will hold harmless and indemnify EDUStaff, its officer, directors, employees and agents, from and against all liability, damages, fines, causes of action, losses, costs or expenses {including attorney fees) which result from the acts or omissions by Client and/or its employees and/or agents. Nothing in this Agreement shall be construed as accepting any liability by, or imposing any liability on, any person in his or her individual capacity no matter the position or title held by such person.
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
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InnOVIltive Substitute Staffing Solutions for a Better CIIISSroom B.
INSURANCE
EDUStaff shall procure and maintain insurance coverage throughout the term of the Agreement as follows:
•
General Liability Insurance covering personal injury, bodily injury, property damage and employer's practices coverage, in an amount not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate.
•
Umbrella Uabillty Insurance coverage in an amount not less than One Million Dollars ($1,000,000) per single occurrence and aggregate. Commercial Automobile Liability Insurance of not less than One Million Dollars ($1,000,000) covering vehicles owned or leased by EDUStaff and used by Supplied Staff driving to or from assignment including as itinerant Supplied Staff, i.e. driving from assignment at one location to the next assignment in another location. Note: Client is responsible for obtaining insurance that covers Supplied Staff while operating any Client owned automobile in the course of carrying out duties of client. Client shall hold EDUStaff harmless from any claims that may be asserted against it, including any damages or attorney fees incurred by EDUStaff as a result of a Supplied Staff driving to perform the functions requested by Client including the delivery of any materials and/or the transporting of any students or Client personnel or both. Workers' Compensation Insurance coverage from a licensed insurance carrier or approved self-funded claims pool in accordance with and approved by the State of Michigan.
•
•
Client shall procure and maintain in effect throughout the term of the Agreement: •
•
•
•
General Uability Insurance coverage not less than One Million Dollars ($1,000,000) per combined single limit for the Client's property and the property of others caused by the acts or omissions of EDUStaff Supplied Staff as well as injuries and/or damages caused by the acts or omissions of the Client, its employees, representatives or agents. Employment Practices Liability Insurance for any EDUStaff supplied director or administrator for not less than One Million Dollars ($1,000,000) per occurrence in connection with any claim arising from acts or omissions of Supplied Staff acting in and administrative capacity for the Client. Commercial Automobile Liability Insurance for not less than One Million Dollars ($1,000,000) per occurrence in connection with a claim arising from the operation of a Client owned automobile by a Supplied Staff while that person is on assignment for the Client including the delivery of any item or the transporting of any students or Client personnel. Medical or Related Services-Professional liability Insurance for not less than One Million Dollars ($1,000,000) per occurrence in connection with any professional negligence liability for medical services provided by Supplied Staff who provide medical or medically-related services to Client, its employees or its students as a registered nurse, physician's assistant or other medical para-professional personnel.
In the event, Client neglects or fails to procure and maintain any of these coverages during the term of this contract, Client will hold harmless EDUStaff from any claims, liability and other damages including actual attorney fees that EDUStaff may incur as a result of the failure to obtain such coverage. EDUStaff general liability insurance policies shall contain an endorsement naming the Client as an additional insured. EDUStaff insurance policies shall also include language requiring Client to be notified in writing in advance of any change or cancellation ofthe policies. EDUStaff shall provide annually, or upon request, an updated insurance certificate containing coverage categories, limitations, additional insured, policy numbers, coverage dates and underwriting insurance carriers. SECTION 6: INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION
A.
EDUSTAFF'S INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
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Innovative Substitute Staffing Sollltions for a Better Classroom
All EDUStaff procedures and process materials are deemed Intellectual Property and/or Confidential Information if identified as "Intellectual Property" or "confidential information." These materials are inclusive of, but not limited to, training materials, process maps and secondary vendor interface procedures. Any documents, whether electronic or otherwise, produced by Supplied Staff while on assignment with the Client is deemed to be the property of the Client and Client shall have rights to use such documents indefinitely. All information relating to or owned by EDUStaff which is clearly marked as confidential or intellectual property shall be held in confidence by Client and will not be disclosed to any third party or used by Client, except to the extent that such disclosure or use is reasonably necessary to the performance of Client's duties and obligations under this Agreement, or as may be required by law. EDUStaff acknowledges Client's obligation to comply with the Michigan Freedom of Information Act and other similar disclosure laws which may affect the ability to withhold Intellectual Property and Confidential Information. Should Client determine that it may be legally obligated to disclose EDUStaffs Intellectual Property or Confidential Information, Client shall provide notice to EDUStaff at within the timeline established by Client FOIA Guidelines or twenty (20) business days (whichever comes first) in advance of producing any such Intellectual Property or Confidential Information. Client's obligation of confidentiality extends for a period of twelve months after the termination of this Agreement. Protection by the client does not apply to information or documents that are independently developed by Supplied Staff in the course of his/her work for Client, or information which lawfully becomes part of the public domain, or information which the Client gained knowledge or possession outside of any disclosure by or on behalf of EDUStaff. After the termination of this Agreement, EDUStaff may submit a written request to Client for the return of EDUStaffs confidential information or intellectual property. Client will honor that request within 10 business days of the date the request was made unless otherwise prohibited by law.
B. CONFIDENTIAL STUDENT INFORMAnON EDUStaff understands that, in connection with the services provided to Client and to the extent permitted by law, Supplied Staff may have access to confidential student records, including records protected under the Family Educational Rights and Privacy Act ("FERPA") and the Individuals with Disabilities in Education Act ("IDEA"). EDUStaff acknowledges that any such records will remain under the exclusive control of Client, and will only be disclosed to EDUStaff (or other Supplied Staff) as permitted by law. EDUStaff further acknowledges that, with respect to confidential student records, EDUStaff (and Supplied Staff) are subject to the same laws and regulations governing use and re-disclosure of confidential student records as Client and EDUStaff will comply with such laws and regulations. The parties acknowledge and agree that EDUStaff (and Supplied Staff) may be subject to penalties for unauthorized disclosure or misuse of confidential student records under applicable law, including but not limited to a prohibition against EDUStaff (or Supplied Staff) from accessing confidential records for a defined period of time. Any such prohibition would constitute a material breach of this Agreement by EDUStaff.
SECTION 7: LEGAL COMPLIANCE EDUStaff will comply with all federal, state and local laws applicable to EDUStaff, including but not limited to, the Michigan Payment of Wages and Fringe Benefits Act, the Fair Labor Standards Act, the Immigration Reform Act, non-discrimination laws, and all other applicable laws pertaining to the services provided under this Agreement. EDUStaff will not discriminate against any applicant. The Parties will not discriminate against Supplied Staff with respect to hire, assignment, or other terms or conditions of employment on the basis of race, color, sex, religion, national origin, pregnancy, age, height, weight, disability, marital status, veteran status, genetic information, or any other characteristic protected by state or federal law. The parties further agree that they will not discriminate against any student or recipient of services under this Agreement due to race, color, sex, religion, national origin, pregnancy,
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
P: 877.974.6338 F: 871.974.6339 www.EDUStaff.or~
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Innovative Subsdtllte Staffmg Sollltions for a Better Classroom disability or any other characteristic protected by state or federal law. Any breach of this Section will be considered a material breach of the Agreement.
SECTION 8: MISCELLANEOUS A. ASSIGNMENT Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party. This Agreement shall inure to the benefit of, and be binding upon, the Parties, including their respective legal representatives, successors and assigns. EDUStaff engages secondary vendors to supply certain third party services, such as training and payroll software and services. Utilizing such services is not an "assignment" of this Agreement.
B.
GOVERNING LAW AND JURISDICTION This Agreement shall be governed in all respects by Michigan law.
C.
SEVERABILilY
If any provision of this Agreement is invalid or unenforceable, that provision will be enforced to the extent that it is valid and enforceable, and all other provisions of this Agreement shall remain in full force and effect.
D.
FORCE MAJEURE
Neither Party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed Party's reasonable control, which may include without limitation fire, natural disaster, earthquake, war, act of terror, accident or other acts of God.
E.
NO WAIVER; MODIFICATION
The waiver by any Party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach. All waivers must be in writing, and signed by the Party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of the Parties hereto.
F.
NOTIFICATION
All notices, consents, approvals, requests and other communications (collectively referred to as "Notices",) required under this Agreement shall be in writing, signed by an authorized representative of EDUStaff or Client and mailed by certified or registered mail, return receipt requested, hand delivered, sent by overnight courier or sent by facsimile or electronic mail transmission to the other party as set forth below: First Class Mail: Clark Galloway EDUStaff, LLC 3330 Broadmoor SE Suite A Grand Rapids, Ml49512
or
Email (with receipt acknowledgement) Clark Galloway
[email protected]
All Notices to Client shall be directed to the Superintendent or his/her designee as communicated to EDUStaff in writing, at Client's administrative office.
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
P: 877.974.6338 F: 877.974.6339 www.EDUStaff_orl!"
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Innovative Substitlde Staf/lng Sobl.tions for a Better Classroom Unless otherwise provided In this Agreement, all Notices shall be deemed served upon the date of hand delivery, the day after delivery by overnight courier, the date of transmission by facsimile or electronic mail, or two (2) days after mailing by registered or certified mail or the earliest of any combination of these. Any Party may, by Notice given under this Agreement, designate any additional or different addresses or recipients to which subsequent Notices should be sent.
G. TAXES Any taxes and/or fees that arise out of EDUStaff's performance of the Services hereunder shall be the responsibility of EDUStaff.
H. THIRD PARTY BENEFITS This Agreement is intended solely for the mutual benefit of the Parties hereto and is not intended to benefit any other person or entity. The Parties expressly agree that no other person or entity is a third party beneficiary under this Agreement.
I.
ENTIRE AGREEMENT
This Agreement (which includes Exhibits A, B), (and C for 3 Party Agreement), constitutes the entire agreement between the parties with respect to the Agreement's subject matter, and supersedes all prior agreements, proposals, responses to requests for proposal, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.
(Signatures on next page)
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above.
Client:
Adrian Public Schools
SE, Suite A Grand Rapids, MI 49512
3330 Broadmoor Ave
P: 877.974.6338 F: 877.974.6339 www
POTT~t,.Ff nro
fJ
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Innovative Substitute StajJlng Solutions for a Better Classroom
By: Name: Its/Title: Date:
EDUStaff, LLC: By: Name:
Clark Galloway
Its/Title:
President/Managing Partner
Date:
3330 Broadmoor Ave SE, Suite A Grand Rapids, MI 49512
P: 877.974.6338 F: 877.974.6339 W'lll\lf
J<'nT T~t
EXECUTIVE SUMMARY
DATE: April11, 2016
PURPOSE:
CONTACT PERSON: Kathy Westfall
To approve the amendments for the 2015-2016 General Fund Budget.
EXPLANATION: Public Act 621, the Uniform Budgeting and Accounting Act, requires that when Administration becomes aware of revenue or expenditure changes that would significantly increase the total approved budget or any of the line items within the approved budget, a resolution for amendment reflecting those increases and decreases must be taken to its Board for adoption.
RECOMMENDATION: It is the recommendation of the Chief Financial Officer that the Adrian Board of Education approve the amended budget as presented and adopt the attached resolution.
RESOLUTION FOR BUDGET AMENDMENT BY THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OF THE CITY OF ADRIAN
RESOLVED, that the total revenues for the School District of the City of Adrian for the Fiscal Year 2015-2016 General Fund is amended as follows: Last Approved
Recommended Amendments
As Amended
REVENUES: Local State Federal All Other TOTAL
$
4,677,583 21,182,501 4,827,346 1,792,285
$
23,146 495,255 411,422 (35,621)
$
4,700,729 21,677,756 5,238,768 1,756,664
$
32,479,715
$
894,202
$
33,373,917
$
2,563,190
$
35,937,107
FUND BALANCE JULY 1
TOTAL REVENUES & FUND BALANCE AVAILABLE TO APPROPRIATE
BE IT FURTHER RESOLVED, that the general appropriation of the School District of the City of Adrian for the Fiscal Year 2015-2016 General Fund is amended as follows: Last Ap~roved
EXPENDITURES Instruction 110 Basic Programs 120 Added Needs 130 Adult & Continuing Education Support Services 210 Pupil 220 Instructional Staff 230 General Administration 240 School Administration 250 Business 260 Operation & Maintenance 270 Pupil Transportation 280 Central Services 290 Other Community Services Transfers/Prior Period Adjustments TOTAL APPROPRIATED AS AMENDED
$
14,859,596 3,979,344 116,261 2,435,929 1,820,043 601,135 1,990,317 972,119 2,992,584 1,122,094 829,017 792,799 206,837 9,721
Recommended Amendments
$
73,684 394,489 (2, 150) (1,806) 144,468 2,382 48,198 (59,978) 3,525 6,033 (48,201) (5,539) 11,602 994
As Amended
$
100,000
100,000
$
32,827,796
14,933,280 4,373,833 114,111 2,434,123 1,964,511 603,517 2,038,515 912,141 2,996,109 1,128,127 780,816 787,260 218,439 10,715
$
567,702
$
REVENUES OVER EXPENDITURES
$
PROJECTED ENDING FUND BALANCE JUNE 30,2016
$
33,395,497 (21,580) 2,541,610
PURPOSE OF AMENDMENT: To comply with Act 621, the Uniform Budgeting and Accounting Act states that an operating budget must be adopted by a school district by July 1 of the current fiscal year. Further, that as financial conditions in the district change and these changes significantly affect the existing budget, the budget must be amended to reflect the new projections. The Business Office has reviewed the budget and have made many line item adjustments, the net of which are indicated below. Because of the large number of line items reviewed (approx. 3000) and changed, it is not possible to explain each one. However, listed below are some of the major changes: Revenues: State: Foundation Allowance Categorical Net Increase - State Local: LISD Reimbursements Miscellaneous Net Increase - Local Federal Programs: All Others
94,827 400,429
$
495,256
$
128,881 411,422 (141,357)
$
894,202
$ $
(187,858) 42,243 690,010 23,306
Total Expenditure Changes
$
567,701
Net Change of Revenues Over Expenditures
$
326,501
105,735 23,146
Total Revenue Changes Expenditures : Salary & Benefits Adjustments Contributions State and Federal Programs
(excluding State and Federal programs)
Net of All Other
V)
...J
0 0 J:
u
V)
u ...J
co
:::> c..
z
0
Budget Recap
Actual 2014-15
2015-16 Amended Budget December, 2015
Proposed Budget Amendment April, 2016
Total Revenues
$32,658,324
$32,479,715
$33,373,917
Total Expenditures
$32,707,091
$32,827,796
$33,395,497
Excess Revenues/Expenditures
$
(48,767)
$ (348,081)
$ (21,580)
Beginning Fund Balance, July 1
$ 2,611,957
$ 2,563,190
$ 2,563,190
Ending Fund Balance, June 30
$ 2,563,190
$2,215,109
$2,541,610
FUND BALANCE TREND (GENERAL FUND, IN DOLLARS)
• Adrian
• Recommended Minimum
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0 01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
~--~
--
10-11
"-~-~
~
-----~---
11-12
12-13
13-14
14-15
Budgeting Factors As presented for amendment
Foundation Amount
$7,391
Local Taxes
18 Mills
Blended Count
2,976
Budgeted Blended Count - December (Amended
2,963
Budget)
Revenue Change from Foundation:
$96,083
Revenue changes Local: Miscellaneous
23,146
$
State Aid: Foundation Allowance
94,827 400,429 105,735 411,422
Categorical (31a and new state grants which are offioet by change in expenses)
LISD: Federal Programs:
(141,357)
All others
$
Total
---~----"-
894,202
Revenue Recap Total Local Revenues State: Foundation Grant Categorica I Total State Revenues Total Federal Other Transactions:
$ 1,449,817
-----
---
---~·-
1,756,664
4.3% 0.9°/o 5.3%
$ 33,373,917
100.0%
306,847
$
Total Revenues
-- .... -----
$ 21 ,677' 756 $ 5,238,768
54.0°/o 11.0% 65.0°/o 15.7%
3,667,352
Other Total Other Transactions
·------~----
14.1%
$ 18,010,404
LISD Reimbursements
----·~-~
$ 4,700,729
----·-
--~---------
Expense Changes
$
Salary & Benefit Adj. (excluding State &Fed Prog.)
(187,858)
Contributions (Offset in Revenue)
42,243
State and Federal Programs
690,010
Net of Others
23,306
-
$
Total Expense Changes
--
··~-~---
·-·-~-
"'·--~--·--·---
567,701
Expenditures by Category
Description Salaries • Total Benefits ·Total Teaching Supplies Office Supplies Other Expenditures utilities Telephone Equipment & Furniture Insurance Contracted Services (Aramark Contract included) Travel & Conference, In-Service (Predominantly Grant Funded) Transportation Operations Contracted Early Retirement Technology TOTAL
Amended Budget
Proposed %
$15,218,187 46.4% 10,250,148 31.2% 442,875 1.3% 51,885 0.2% 2,305,455 7.0% 702,067 2.1% 103,656 0.3% 68,044 0.2% 151,974 0.5%
~et
Change %
%
Student
$ 15,335,074 10,249,778 570,499 52,039 2,513,510 702,825 103,656 86,022 141,909
45.9% 30.7% 1.7% 0.2% 7.5% 2.1% 0.3% 0.3% 0.4%
0.77% 0.00% 28.82% 0.30% 9.02% 0.11% 0.00% 26.42% ·6.62%
$5,153 $3,444 $192 $17 $845 $236 $35 $29 $48
1,334,536
4.1%
1,367,432
4.1%
2.46%
$459
217,085 1,092,911 486,927 143,580 258,466
0.7% 3.3% 1.5% 0.4% 0.8%
266,229 1,106,670 488,300 152,900 258,654
0.8% 3.3% 1.5% 0.5% 0.8%
22.64% 1.26% 0.28% 6.49% 0.07%
$89 $372 $164 $51 $87
- -$32,827,796
100%
$ 33,395,497
100%
1.73%
$11,220
County Wide Student Population Decline ~ddison ~drian
Blissfield Britton-Deerfield* Clinton Hudson Madison Morenci Onsted Sand Creek Tecumseh LISD
Accum.
%Loss
'
Audited
Unaudited
Eleven Year
Over Eleven
Fall2004
Fall2015
Chan11e
Years
1,172.00 3 837.63 1,392.61 970.70 1 177.29 1,075.24 1,407.07 911.82 1 851.04 947.18 3 441.19 373.29
849.41 2,963.45 1 186.55 664.82 1 067.42 944.40 1,600.39 699.00 1 386.23 894.37 2 934.25 221.57
-322.59 -874.18 -206.06 -305.88 -109.87 -130.84 193.32 -212.82 -464.81 -52.81 -506.94 -151.72
-28% -23% -15% -32% -9% -12% 14% -23% -25% -6% -15% -41%
18,557.06
15,411.86
-3,145.2
-17%
*Districts were combined after 2004
State Aid Note Analysis School Year
Loan Amount
Issuance Cost
Interest
Notes
2015-16
1,500,000
3,060
7,228
Set Aside Note; Increased interest and issuance costs are due to rate set by state for all districts
2014-15
1,600,000
2,952
4,485
Set Aside Note
2013-14
1,750,000
3,946
5,652
Set Aside Note
2012-13
3,400,000
25,250
27,387
2011-12
2,000,000
6,982
11,933
Set Aside Note
2010-11
2,000,000
3,495
15,956
Set Aside Note
2009-10
3,500,000
51,130
35,250
Partial Set Aside Note
2008-09
3,800,000
22,333
64,600
2007-08
5,800,000
15,388
213,440
25,350,000
134,537
385,932
2,816,667
14,949
42,881
Average
REVENUE/INFLATION GAP $9,000
- A t Pace with Inflation
$8,000
.....p..
$8,484
-Foundation Allowance
$8,500
$7,500
~ 1-< QJ
~
$7,000
$7,251 $6,500
$6,000 01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
~~---·--·-·~-----~--
13-14
-·-··-- --------------
14-15
Conclusion The December 2015 budget amendment reflected a decline in student enrollment of 50 more than projected. Since December, the district has experienced several resignations. With the lower student enrollment, administration was able to address the resignations by consolidating classes and eliminating some positions, while filling others at a lesser cost. This resulted In savings of over $180k for the remainder of 2015-16. On the revenue side, the 25e adjustments to the blended count were part of an increase of $96k in state aid. Additional funding from the ISD on special education reimbursements added $101k on the revenue side. Bringing the operating deficit to a figure closer to break even helps with the budget planning for 2016-17.
