October 16, 2009 NOTICE TO RESIDENTS OF THE MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN A regular open meeting* of the MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT BOARD, WISCONSIN, FINANCE, PERSONNEL, AND OPERATIONS COMMITTEE will be held in the BOARD ROOM, ROOM M210, of MILWAUKEE AREA TECHNICAL COLLEGE, 700 WEST STATE STREET, MILWAUKEE, WISCONSIN, on WEDNESDAY, OCTOBER 21, 2009, beginning at 5:00 P.M. The agenda** for said meeting is presented as follows: The agenda for said meeting is presented as follows: A. Roll Call B. Compliance with the Open Meetings Law C. Approval of Minutes, September 21, 2009 – Attachment FPO-1 D. Comments from the Public E. Approval of Consent Agenda Items 1. Board Bills List — September 2009 — Attachment FPO-2 In Order by Check Number In Order by Payee Checks Exceeding $2,500 Channels 10/36 Voided Checks Fund 7 2. Financial Report—September 2009 — Attachment FPO-3 3. Human Resources Report — Attachment FPO-4 4. Procurement Report – Attachment FPO-5 I. External Contracts None II. Procurements 1. Advertising Expenditures for Milwaukee Public TV September October November Actual Estimated Estimated $20,673.59 $9,830.03 $7,930.00 Minority Media Percentage was 32% Minority Media Percentage is 10-12% Minority Media Percentage is 10-12% 2. Advertising Expenditures for MATC September October November Actual Estimated Estimated $20,687.05 $29,878.48 $10,039.88 Minority Media Percentage was 0% Minority Media Percentage is 10-12% Minority Media Percentage is 10-12% 3. Snow Removal – District Wide Results not available at time of posting 4. Mass Notification System (Phase II – Regional Campuses) Performance Contract (Sustainability) Johnson Controls, Inc. Milwaukee, WI $484,028.00 5. Bookstore Point of Sale System Missouri Book Services Columbia, MO $129,400.00 6. Digital Signage Displays Now Micro, Inc. St. Paul, MN $44,223.00 7. On-line Tutoring (RN Program) Assessment Technologies Stillwater, KS $70,000.00 III. Contracts for Services 1. 2007-2008 RENOVATION AND REMODELING Oak Creek Cooling Season HVAC Reheat Supply System Performance Contract (Sustainability) Johnson Controls, Inc. Milwaukee, WI $289,300.00 IV. Construction Contracts 1. 2009-2009 RENOVATION AND REMODELING Oak Creek Campus A-Wing Fascia and Gutter Improvements SRS Roofing & Sheet Metal, Inc. Waterford, WI $29,460.00 2. 2007/8 & 2009/9 RENOVATION AND REMODELING Accessibility Improvements; Oak Creek Campus Absolute Construction Enterprises, Inc. Racine, WI $36,777.00 2 V. Lease Agreements None F. Action Items 1. Resolution (F0142-10-09) Authorizing the Sale of $1,500,000 General Obligation Promissory Notes, Series 2009-2010C of Milwaukee Area Technical College District, Wisconsin – Attachment FPO-6 2. Resolution (F0143-10-09) Authorizing the Issuance of $1,500,000 General Obligation Promissory Notes, Series 2009-2010D of Milwaukee Area Technical College District, Wisconsin – Attachment FPO-7 3. Resolution (F0144-10-09) to Approve FY2008-2009 Budget Modification – Attachment FPO-8 4. Resolution (F0145-10-09) to Approve FY2009-2010 Budget Modification – Attachment FPO-9 5. Resolution (F0146-10-09) to Establish Tax Levy for FY 2009-2010 – Attachment FPO-10 G. Discussion Items 1. Budget Variance Report Three (3) Months Year-to-Date Ended September 30, 2009 FY2009-2010 – Attachment FPO-11 2. Preliminary Draft of FY2008-2009 Comprehensive Annual Financial Report – Attachment FPO-12 3. Budget Development Calendar FY2010-2011 – Attachment FPO-13 4. Milwaukee Area Technical College Sustainability Initiatives September and October 2009 – Attachment FPO-14 5. Changes in Food Service and Bookstore Operations H. Information Items 1. Grants Management Report – Attachment FPO-15 2. Milwaukee Area Technical College District Fiduciary Fund – MATC Post-Employment Benefits Trust September 2009 – Attachment FPO-16 3. Monthly Travel Report – Attachment FPO-17 4. Quarterly Consultant Contracts Report – Attachment 18 5. Quarterly Office of Corporate Learning 38.14 Report – Attachment 19 6. Quarterly Out-of-Country Travel Report – Attachment 20 3 I. Miscellaneous Items 1. Communications and Petitions 2. Information Items J. Old Business/New Business 1. Date of Next Meeting: Wednesday, November 18, 2009, 5:00 P.M., M210 Committee Members: Michalski, Royal, and Earle * ** Other members of the MATC Board may be present, although they will not be participating as members of this committee. This meeting may be conducted in part by telephone. Telephone speakers will be available to allow the public to hear those parts of the proceedings that are open to the public. Action may be taken on any agenda item, whether designated as an action item or not. Agenda items may be moved into Closed Session for discussion when it becomes apparent that a Closed Session is appropriate under Section 19.85 of the Wisconsin Statutes. The board may return into Open Session to take action on any item discussed in Closed Session. Reasonable accommodations are available through the ADA Office for individuals who need assistance. Please call 414-297-6221 to schedule services at least 48 hours prior to the meeting. 4 DRAFT Attachment FPO - 1 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT BOARD FINANCE, PERSONNEL, AND OPERATIONS COMMITTEE MILWAUKEE, WISCONSIN SEPTEMBER 21, 2009 CALL TO ORDER The regular meeting of the Milwaukee Area Technical College District Board Finance, Personnel, and Operations Committee was held in open session on Wednesday, September 21, 2009, and called to order by Chairperson Earle at 5:02 p.m. in the Board Room, M210, at the Downtown Milwaukee Campus of Milwaukee Area Technical College. ITEM A. ROLL CALL Present: ITEM B. Thomas Michalski, Fred Royal, and Peter Earle COMPLIANCE WITH THE OPEN MEETINGS LAW The Finance, Personnel, and Operations Committee meeting was noticed in compliance with the Wisconsin Open Meetings Law. ITEM C. APPROVAL OF MINUTES, August 19, 2009 – ATTACHMENT FPO 1 Motion/Action The minutes of the August 19, 2009, meeting of the Finance, Personnel, and Operations Committee were approved by consensus. ITEM D. COMMENTS FROM THE PUBLIC None ITEM E. APPROVAL OF CONSENT AGENDA ITEMS Motion It was moved by Mr. Royal, seconded by Mr. Michalski, to move forward the Consent Agenda, as presented. Action Motion approved. Milwaukee Area Technical College District Board Finance, Personnel, and Operations Committee Minutes of September 21, 2009 Page 2 ITEM F. ACTION ITEMS F-1 Resolution (F0138-09-09) Authorizing the Sale of $1,500,000 General Obligation Promissory Notes, Series 2009-2010B of Milwaukee Area Technical College District, Wisconsin – Attachment FPO 6 Motion It was moved by Mr. Royal, seconded by Mr. Michalski, to move forward the Resolution Authorizing the Sale of $1,500,000 General Obligation Promissory Notes, Series 2009-2010B of Milwaukee Area Technical College District, Wisconsin. Action Motion approved. F-2 Resolution (F0139-09-09) Authorizing the Issuance of $1,500,000 General Obligation Promissory Notes, Series 20092010C of Milwaukee Area Technical College District, Wisconsin – Attachment FPO 7 Motion It was moved by Mr. Royal, seconded by Mr. Michalski, to move forward the Resolution Authorizing the Issuance of $1,500,000 General Obligation Promissory Notes, Series 2009-2010C of Milwaukee Area Technical College District, Wisconsin. Action Motion approved. F-3 Resolution (F0140-09-09) to Revise FY2009-2010 Renovation/Remodeling (Capital) Projects – Attachment FPO 8 Motion It was moved by Mr. Michalski, seconded by Mr. Royal, to move forward the Resolution to Revise FY2009-2010 Renovation/Remodeling (Capital) Projects. Action Motion approved. F-4 Resolution (F0141-09-09) to Approve FY2009-2010 Budget Modification– Attachment FPO 9 Motion It was moved by Mr. Royal, seconded by Mr. Michalski, to move forward the Resolution to Approve FY2009-2010 Budget Modification. Action Motion approved. Milwaukee Area Technical College District Board Finance, Personnel, and Operations Committee Minutes of September 21, 2009 Page 3 ITEM G. DISCUSSION ITEMS G-1 Budget Variance Report Two (2) Months Year-to-Date Ended August 31, 2009 FY2009-2010 – Attachment FPO 10 Discussion Ms. Terri Gayhart, controller, reviewed the details of the Budget Variance Report. Mr. Michael Sargent, vice president, Finance, reported that the college is operating at pace to meet expectations set in the FY2008-2009 Activity Plan and Budget; however, administration continues to explore new ways to capture additional funds. G-2 Preliminary Discussion of FY2010-2011 Tax Levy – Attachment FPO 11 Discussion Mr. Sargent presented tax levy options for FY2010-2011. He reported that members of the Budget Committee previously expressed preference for a tax levy increase of 1.94%. Members of the FPO Committee questioned the appropriateness of a tax levy increase during the present economic climate and asked that this item be forwarded to the MATC District Board for detailed discussion. G-3 Public Safety Staffing Update Discussion Attorney Janice Falkenberg, vice president and general counsel, updated members of the committee on initiatives being undertaken to maximize use of existing Public Safety staff. She reported that these initiatives have decreased overtime by forty percent. G-4 Milwaukee Area Technical College District Sustainability Initiatives August and September 2009 – Attachment FPO 12 Discussion Mr. Sargent and Mr. Jeff Roepsch, account executive, Johnson Controls, Inc., made a presentation on changes to the Photovoltaic Education Farm. They discussed the uniqueness of the project as a tool for education. G-3 Internal Audit Program Discussion Mr. Sargent stated that a request for proposal regarding this effort is scheduled to be released next week. ITEM H. INFORMATION ITEMS H-1 Grants Management Report – Attachment FPO 13 H-2 Milwaukee Area Technical College District Fiduciary Fund – Milwaukee Area Technical College District Board Finance, Personnel, and Operations Committee Minutes of September 21, 2009 Page 4 MATC Post-Employment Benefits Trust August 2009 – Attachment FPO 14 ITEM I. ITEM J. H-3 Semi-Annual Milwaukee Enterprise Center Report – Attachment FPO 15 H-4 Travel Report – Attachment 16 MISCELLANEOUS ITEMS I-1 Communications and Petitions I-2 Information Items OLD BUSINESS/NEW BUSINESS J-1 Date of Next Meeting, Regular Committee Meeting, Wednesday, October 21, 2009, 5:49 P.M., Downtown Milwaukee Campus, Board Room, (M210). Adjournment The meeting adjourned at 6:28 p.m. Respectfully Submitted, Karen M. Esche-Eiff Karen M. Esche-Eiff Administrative Specialist, Finance Attachment FPO - 2 BOARD BILLS LIST The following bills are to be presented for approval at the meeting of the Milwaukee Area Technical College District Board, State of Wisconsin, to be held on 10-27-09. Check No. Company For Amount BILLS PAYABLE RECAPITULATION Month of September 2009 Payments for encumbrances and monthly expenditures were made for the following funds: General Fund Special Revenue Fund-Operational Special Revenue Fund-Non Aidable Enterprise Fund Capital Projects Fund Debt Service Fund Internal Service Fund Public Television Fund Total Expenditures $ 5,146,232 54,137 14,742 1,667,797 2,423,431 3,884 3,606,946 94,511 $ 13,011,678 Secretary Chair Page 1 BOARD BILLS LIST The following bills are to be presented for approval at the meeting of the Milwaukee Area Technical College District Board, State of Wisconsin, to be held on 10-27-09. Bank Transfer Payments 9/30/09 Humana Health and Dental Insurance Claims $ 78,424.95 Diversified Benefits Flexible Benefits Claims $ UMR Health Insurance Claims $ 1,366,805.00 M & I Investment Management Fees $ 49.49 M & I Bank Service Charges $ 3,061.29 M & I Merchant Service Credit Card Fees $ 76,349.68 Discover Card Business Service Credit Card Fees $ OPEB Trust Transfers $ 911,688.75 Federal Payroll Tax $ 2,440,923.30 State Payroll Tax $ 500,126.77 State, County, and Stadium Sales Tax $ 107,102.56 - - Debt Service Fund Wire Payments Aug-09 Interest General Obligation Debt Series N/A Page 2 Principal Attachment FPO - 3 MILWAUKEE AREA TECHNICAL COLLEGE DEPOSITS AND INVESTMENTS FOR THE MONTH OF SEPTEMBER 2009 AMOUNT BANK ACCOUNTS CERTIFICATES OF DEPOSIT ALLOCATION RATE OF % RETURN 3,571,143.94 4.22% 0.16% 14,000,000 16.56% 0.57% WISCONSIN LOCAL GOVERNMENT INVESTMENT POO 65,222,848 77.15% 0.27% MBIA WISCONSIN CLASS 1,157,276.73 1.37% 0.28% 593,901 $84,545,170 0.70% 0.22% M&I INVESTMENT MANAGEMENT CORPORATION: COMMERCIAL PAPER $ SHORT TERM CORPORATE BONDS GOVERNMENT OBLIGATIONS FUND USA TREASURY BILLS USA TREASURY NOTES 593,901 - CASHFLOW -- ALL FUNDS Fiscal Year 2010 140.00 120.00 80.00 60.00 40.00 20.00 FY08-09 ACTUAL FY09-10 ACTUAL NE JU M AY IL AP R C H M AR Y FE BR UA R UA RY JA N BE R R FY09-10 PROJECTED D EC EM R M BE N O VE O CT O BE BE R TE M SE P AU G US T LY JU Millions 100.00 CASHFLOW -- OPERATING FUNDS Fiscal Year 2010 80 70 60 40 30 20 10 FY08-09 ACTUAL FY09-10 ACTUAL NE JU M AY IL AP R C H M AR Y FE BR UA R UA RY JA N BE R R FY09-10 PROJECTED D EC EM R M BE N O VE O CT O BE BE R TE M SE P AU G US T LY 0 JU Millions 50 CASHFLOW -- CAPITAL PROJECTS FUND Fiscal Year 2010 40.00 35.00 30.00 20.00 15.00 10.00 5.00 FY08-09 ACTUAL FY09-10 PROJECTED FY09-10 ACTUAL NE JU M AY IL AP R C H M AR Y UA R FE BR UA RY JA N BE R R D EC EM M BE R N O VE O CT O BE BE R TE M SE P AU G US T LY JU Millions 25.00 CASHFLOW -- DEBT SERVICE FUND Fiscal Year 2010 30.00 25.00 15.00 10.00 5.00 FY08-09 ACTUAL FY09-10 PROJECTED FY09-10 ACTUAL NE JU M AY IL AP R C H M AR Y UA R FE BR UA RY JA N BE R R D EC EM M BE R N O VE O CT O BE BE R TE M SE P AU G US T LY JU Millions 20.00 Attachment FPO - 4 matc HUMAN RESOURCES REPORT October 2009 Thirty-five transactions are included in the report for September. Appointments Seventeen appointments occurred during the reporting period, thirteen of which are faculty appointments and four of which are staff appointments. Included in the faculty appointments are two full-time limited term appointments, one full-time regular appointment, and ten part-time regular appointments. Included in the staff appointments are two part-time regular staff, one full-time limited term staff, and one part-time limited term staff. Six males and eleven females comprise the appointments. Represented in that total are three black females, one Hispanic female, two Asian males, and one Native American female. Fiscal year-to-date, total appointments are eighty-four. Included in that total are forty-eight females (57.1%) and thirty-six males (42.9%). Minority hires total twenty-nine (34.5%), including seventeen black (20.1%), five Hispanic (6.0%), five Asian (6.0%), and two Native American (2.4%). This Month Year-to-date YTD Percent White Male Femal e 4 6 27 28 65.5% Black Male Female 0 3 3 14 20.1% Hispanic Male Female 0 2 1 3 6.0% Asian Male Female 2 3 0 2 6.0% Native American Male Female 0 1 1 1 2.4% Male 6 36 42.9% Changes in Status The twelve changes in status during this reporting period represent two promotions, four transfers, two bumps, two additional appointments, one extension of limited term assignment, and one unpaid personal leave of absence. Nine females and three males comprise the changes in status. Represented in that total are three black females and one Hispanic female. Separations The six separations represent one voluntary termination, one involuntary termination and four voluntary terminations-retirement eligible. One male and five females comprise the separations. Included in that total are two black females, one Native American male, and one Native American female. Total Female 11 48 57.1% TRANSACTION SUMMARY REPORT FOR SEPTEMBER 2009 APPOINTMENTS CHANGES IN STATUS SEPARATIONS FINANCE 1 (1) 1 3 (2) 5 (3) BUSINESS AND INFORMATION 1 (1) 1 0 2 (1) ACADEMIC SERVICES 0 2 (1) 1 (1) 3 (2) OFFICE OF CORPORATE 0 0 0 0 0 0 0 0 8 (2) 3 (2) 0 11 (4) HEALTH OCCUPATIONS 1 0 0 1 TECHNOLOGY AND APPLIED 2 0 2 (1) 4 (1) 0 0 0 0 PUBLIC TELEVISION 0 0 0 0 STUDENT SERVICES 2 (2) 5 (1) 0 7 (3) PRE-COLLEGE EDUCATION 2 (1) 0 0 2 (1) 0 0 0 0 17 (7) 12 (4) 6 (4) 35 (15) DIVISION **AA TOTAL TECHNOLOGY LEARNING DISTRICT ADMINISTRATION LIBERAL ARTS AND SCIENCES SCIENCES EMPLOYEE AND LEGAL SERVICES INFORMATION TECHNOLOGY TOTALS BY CATEGORY TOTAL TRANSACTIONS FOR THE MONTH **Affirmative Action totals in parentheses. 35 (15) Non-represented Salary Schedule Effective July 1, 2008 Exempt Salary Grade 917 916 915 914 913 912 911 Title Vice President Associate Vice President, Dean Associate Dean, Director Assistant Dean, Manager Coordinator Senior Specialist, Supervisor Specialist Minimum $ 117,788 $ 81,947 $ 72,591 $ 58,323 $ 51,297 $ 42,374 $ 37,915 Mid-Point $ 151,885 $ 110,817 $ 98,434 $ 79,087 $ 69,557 $ 57,459 $ 51,411 Maximum $ 185,981 $ 139,687 $ 124,276 $ 99,850 $ 87,817 $ 72,544 $ 64,907 Minimum $ 40,286 $ 35,031 $ 30,462 $ 22,060 Mid-Point $ 54,629 $ 47,501 $ 41,306 $ 29,913 Maximum $ 68,972 $ 59,971 $ 52,150 $ 37,765 Non-Exempt Salary Grade 904 903 902 901 Title Senior Technician Administrative Specialist Assistant Aide Human Resources Report October, 2009 Appointments Division Employee Name Employee Status Job Title Type of Transaction Start Date Finance Denise Montenegro Part-Time Regular Child Development Specialist, Oak Creek Replacement 10/07/09 $18.4819/Hour A.A.S., MATC Business & Info Tech Maxine W. Lawrence Part-Time Regular Instructor, Office Technology (part-time) Replacement 08/27/09 $53.2646/Hour M.Ed., Marquette University Academic Services None Corporate Learning None District Administration None Liberal Arts & Sciences Aaron K. Gardner Amanda J. Gregory Beverly M. Grimm Stephanie G. Hinz Brenda K. Kilpatrick Bonny J. Randall Carroll Matthew Schumacher Christina C. Starner Part-Time Regular Instructor, Music, Applied Woodwinds (part-time) Replacement Part-Time Regular Instructor, Psychology (part-time) Replacement Replacement Part-Time Limited Term Educational Assistant, Chemical Technology Part-Time Regular Instructor, Environmental Science (part-time) Replacement Part-Time Regular Instructor, Psychology (part-time) Replacement Part-Time Regular Instructor, English/Reading PLI (part-time) Replacement Part-Time Regular Instructor, General English (part-time) Replacement Part-Time Regular Instructor, Native American History & Culture (part-time Replacement 09/17/09 09/09/09 08/23/09 09/03/09 09/09/09 08/26/09 09/15/09 09/03/09 $28.2414/Hour $36.5825/Hour $19.8608/Hour $37.9726/Hour $39.3627/Hour $49.0940/Hour $28.2414/Hour $36.5825/Hour B.F.A., Berklee College of Music M.A., Queens College A.A.S., MATC M.S., University of Notre Dame M.A., Wheaton College M.S., UW-Milwaukee M.A., University of Maine J.D., UW Law School Health Occupations Linda L. Marolt Part-Time Regular Replacement 09/16/09 $33.8021/Hour B.S., Mt. Mary College Technology & Applied Sciences Charles G. Gasper Joseph F. Lak, Sr. Full-Time Limited Term Instructor, Welding Part-Time Regular Instructor, Welding (part-time) New Replacement 10/05/09 09/15/09 12/22/09 $62,433/Annual A.A.S., MATC $33.8021/Hour B.S., MSOE Employee & Legal Services None Public Television None Student Services William J. Kao Brian T. Nakatsuji Part-Time Regular Tutor Full-Time Limited Term Disability Specialist Replacement Replacement 10/05/09 09/10/09 12/22/09 10/08/09 $10.00/Hour $22.9764/Hour Pre-College Education Suzann C. Gardner MarQulyn M. McKinney Full-Time Limited Term Instructor, Basic Education English/Reading Full-Time Regular Instructor, Basic Skills, Communications, GED Replacement Replacement 08/24/09 09/21/09 12/22/09 $76,669/Annual M.S., UW-Milwaukee $71,925/Annual M.A., Northern Arizona University Information Technology None Instructor, Cardiovascular Tech (part-time) End Date Salary 12/22/09 Education High school graduate M.S., UW-Milwaukee Human Resources Report October, 2009 Changes In Status Division Employee Name Personnel Action Job Title Type of Transaction Start Date End Date Salary Finance Donna M. Ley Transfer From Office Associate, Enrollment Services, West Allis to Office Associate, Bookstore, West Allis Replacement 09/26/09 Remains the same Business & Information Technology Brian J. Moran Extension of Limited Term Assignment Educational Assistant, Culinary Arts Replacement 08/24/09 Academic Services Brenda K. Kress Transfer; Voluntary Demotion Replacement 09/14/09 Adrienne R. Story Transfer From Office Specialist, Student Financial & Employment Services to Office Technician, Class Scheduling From Office Associate, Bookstore to Word Processing Associate, Academic Affairs New 09/21/09 06/30/10 Additional Appointment Unpaid Personal Leave of Absence Additional Appointment Instructor, General College Success (part-time) Instructor, Microbiology/Anatomy & Physiology Instructor, General College Success (part-time) Replacement 02/28/10 Replacement 09/16/09 08/31/09 09/16/09 From Word Processing Associate, T&I Administration, Oak Creek to Word Processing Technician, Enrollment Services, Milwaukee From Disability Specialist, Special Needs, Milwaukee to Academic Support Specialist, Enrollment Services, Oak Creek From Director, Student Services, Oak Creek to Interim Director, Counseling, Milwaukee From Accounting Specialist, Bookstore to Accounting Specialist, Student Accounts From Office Associate, Bookstore, West Allis to Office Associate, Enrollment Services, West Allis Replacement 10/07/09 From $14.7693 to $18.9528/Hour Replacement 09/15/09 From $33.8323 to $35.8656/Hour Replacement 07/01/09 Remains the same Replacement 10/15/09 Remains the same Replacement 09/21/09 Remains the same Corporate Learning None District Administration None Liberal Arts & Sciences Catherine M. Adedokun Mia Lytle Tim D. Wilcox Health Occupations None Technology & Applied Sciences None Employee & Legal Services None Public Television None Student Services Vicky L. Gilane Promotion; Part-Time to Full-Time Liliana E. Gutierrez Promotion Jerome F. Manz Transfer Tracy L. Smith Transfer Melissa M. Stiglich Transfer Pre-College Education None Information Technology None 06/30/10 Remains the same From $21.0040 to $20.4768/Hour Remains the same $39.3627/Hour $28.2414/Hour Human Resources Report October, 2009 Separations Division Employee Name Ending Reason Job Title Effective Date Finance Jane E. Dix Kimberly Kimbrough Ann Marie Romo Voluntary Termination - Retirement Eligible Involuntary Termination Voluntary Termination Office Associate, Bookstore, Oak Creek Building Services Associate Office Associate, Bookstore, Oak Creek 09/24/09 06/11/09 09/01/09 Business & Information Technology None Academic Services Lorine Hamilton Voluntary Termination - Retirement Eligible Culinary Specialist, Gourmet, Oak Creek 12/23/09 Corporate Learning None District Administration None Liberal Arts & Sciences None Health Occupations None Technology & Applied Sciences Judith L. Benson Andrew Mueller Voluntary Termination - Retirement Eligible Voluntary Termination - Retirement Eligible Transcription Technician, T&I Administration Instructor, Welding (part-time) 09/30/09 05/30/09 Employee & Legal Services None Public Television None Student Services None Pre-College Education None Information Technology None Note: Cheryl Watt, Instructor, Nursing will not be retiring as previously reported. Attachment FPO – 5 PROCUREMENT REPORT October, 2009 The Procurement report consists of: • Part I External Contracts • Part II Procurements • Part III Contracts for Services • Part IV Construction Contracts • Part V Lease Agreements Each month the board approves contracts, procurements and services related to the operation of the College. The current items for board approval are: I. External Contracts None II. Procurements 1. Advertising Expenditures for Milwaukee Public TV September October November 2. Actual Estimated Estimated $20,673.59 $9,830.03 $7,930.00 Minority Media Percentage was 32% Minority Media Percentage is 10-12% Minority Media Percentage is 10-12% $20,687.05 $29,878.48 $10,039.88 Minority Media Percentage was 0% Minority Media Percentage is 10-12% Minority Media Percentage is 10-12% Advertising Expenditures for MATC September October November Actual Estimated Estimated 3. Snow Removal – District Wide Results not available at time of posting 4. Mass Notification System (Phase II – Regional Campuses) Performance Contract (Sustainability) Johnson Controls, Inc. Milwaukee, WI $484,028.00 5. Bookstore Point of Sale System Missouri Book Services Columbia, MO $129,400.00 1 6. Digital Signage Displays Now Micro, Inc. St. Paul, MN $44,223.00 7. On-line Tutoring (RN Program) Assessment Technologies Stillwater, KS $70,000.00 III. Contracts for Services 1. 2007-2008 RENOVATION AND REMODELING Oak Creek Cooling Season HVAC Reheat Supply System Performance Contract (Sustainability) Johnson Controls, Inc. Milwaukee, WI $289,300.00 IV. Construction Contracts 1. 2009-2009 RENOVATION AND REMODELING Oak Creek Campus A-Wing Fascia and Gutter Improvements SRS Roofing & Sheet Metal, Inc. Waterford, WI $29,460.00 2. V. 2007/8 & 2009/9 RENOVATION AND REMODELING Accessibility Improvements; Oak Creek Campus Absolute Construction Enterprises, Inc. Racine, WI $36,777.00 Lease Agreements None 2 Part II: PROCUREMENTS Item 1: Advertising Expenditures for Milwaukee Public TV Background Information Advertising and publicity expenditures are coordinated through an advertising/media firm. The advertising firm was selected through a formal request for proposal process. The advertising agency manages production and media placement. Channels 10/36 station media expenses were submitted for review to the Public Television Committee and are herewith submitted to the Finance, Personnel and Operations Committee for review and for presentation to the Board. College and station media purchases are executed through Eichenbaum & Associates, Milwaukee, WI which receives a commission for its placements. Channel 10/36 advertising and publicity services placed in September 2009, plus estimates for October 2009 and November 2009 are listed below and in the attachments. September 2009 Actual advertising expenditures Minority Media percentage was 32% $20,673.59 October 2009 Advertising estimates Minority Media percent target is 10-12% $9,830.03 November 2009 Advertising estimates Minority Media percent target is 10-12% $7,930.00 Detailed information by month is attached, along with a fiscal year summary page. 3 Part II: PROCUREMENTS Item 1: Advertising Expenditures for Milwaukee Public TV Detail page for September Actual EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 Milwaukee Public TV Media September, 2009 Actual Advertising Objectives: Premieres/Specials Media Budget: $14,137.79 Online Out-of-Home Print Black Nouveau 4th Street Forum (MJS) National Parks (MJS) ¡Adelante! Radio Black Nouveau 4th Street Forum National Parks ¡Adelante! Television Target Minority Media Percentage: 10-12% of media cost Hispanic ¡Adelante! (El Conquistador) ¡Adelante! WDDW ¡Adelante! WJTI $424.41 $1,224.26 $1,387.50 $228.24 $2,654.75 $3,000.70 $2,987.75 $2,230.18 32% $4,501.59 $228.24 $1,170.13 $1,060.05 African American Black Nouveau (Milwaukee Times) Black Nouveau WNOV Black Nouveau WMCS 4th Street Forum WLDB National Parks WLDB National Parks WMCS National Parks WNOV $424.41 $83.25 $203.50 $393.13 $652.13 $175.75 $111.00 SEPTEMBER 2008 Actual 4 $20,673.59 PROCUREMENTS Item 1: Advertising Expenditures for Milwaukee Public TV Detail page for October Estimate EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 Milwaukee Public TV Media October, 2009 Estimate Advertising Objectives: Premieres/Specials Media Budget: $9,830.03 Online Out-of-Home Print Interchange (MJS) I Remember (MJS) In Service To Milwaukee (MJS) $1,224.26 $1,387.50 $1,224.26 Radio Interchange I Remember $3,001.63 $2,992.38 Television Target Minority Media Percentage: 10-12% of media cost 6% Hispanic Interchange WDDW $175.75 African American Interchange WLDB $374.63 5 $550.38 Part II: PROCUREMENTS Item 1: Advertising Expenditures for Milwaukee Public TV Detail page November Estimate EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 Milwaukee Public TV Media November, 2009 Estimate Advertising Objectives: Premieres/Specials Media Budget: $7,930.00 Print: Mike Gousha/Judy Woodruff Special (MJS) Principals Vol. 1 & P.O.V The Principal Story Alzheimer's Doc. & Cherry Picking Apple Blossom Time (MJS) Radio: Principals Vol. 1 & P.O.V The Principal Story Alzheimer's Doc. & Cherry Picking Apple Blossom Time $1,500.00 $430.00 $1,500.00 $3,000.00 $1,500.00 Outdoor/Transit/Direct Mail: Target Minority Media Percentage: 10-12% of media cost 12% Hispanic Alzheimer's/Cherry Picking (WDDW) $200.00 African American Principals/P.O.V. (Milwaukee Times) Principals/P.O.V. (WLDB/WMCS) $430.00 $300.00 6 $930.00 Part II: PROCUREMENTS Item 1: Advertising Expenditures for Milwaukee Public TV Monthly Actual TOTAL MEDIA SPENDING (ALL TARGETS) Month Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Total Radio $0.00 $11,997.25 $10,873.38 TV $0.00 $0.00 $0.00 Print $0.00 $0.00 $3,264.41 Outdoor $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $22,870.63 $0.00 $3,264.41 $0.00 $0.00 Placed directly through MPTV Value-Added Promotions H Value-Added Promotions AA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,997.25 $14,137.79 $0.00 $0.00 $0.00 $26,135.04 Total Media Placements TOTAL MINORITY OWNED & TARGETED MEDIA SPENDING Month Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Total Hispanic Spending Hispanic Spending % African American Spending African American Spending % $0.00 $1,059.13 $2,458.42 0% 9% 17% $0.00 $1,794.50 $2,043.17 0% 15% 15% $0.00 $0.00 $0.00 0% 0% 0% $0.00 $2,853.63 $4,501.59 0% 24% 32% $3,517.55 13% $3,837.67 15% $0.00 0% $7,355.22 17% 7 Hmong Spending Hmong Spending % Minority Spending Total Minority Spending % TOTAL MINORITY SPENDING (OWNED VS. TARGETED) Month Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Total Hispanic Minority Owned * Hispanic Minority Targeted African American Minority Owned * African American Minority Targeted Hmong Minority Owned* Hmong Minority Targeted Other Hispanic vendors Other AfricanAmerican vendors Other Hmong vendors $0.00 $1,059.13 $2,458.42 $0.00 $0.00 $0.00 $0.00 $1,794.50 $2,043.17 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,517.55 $0.00 $3,837.67 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minority Spending by Radio Station Month Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Total WJYI- AM 1340 Hmong Minority Targeted WKKV-FM 100.7 AA Minority Targeted WMCSAM 1290 AA Minority Owned WNOV-AM 8.60 AA Minority Owned $0.00 $0.00 $0.00 $0.00 $601.25 $379.25 $0.00 $0.00 $194.25 $0.00 $1,193.25 $1,045.26 $0.00 $0.00 $0.00 $0.00 $0.00 $1,060.05 $0.00 $1,059.13 $1,170.13 $0.00 $0.00 $0.00 $0.00 $980.50 $194.25 $2,238.51 $0.00 $1,060.05 $2,229.26 $0.00 WLDB-FM 93.3 AA Minority Owned 8 WLUM-FM 102.1 AA Minority Owned WJTI - AM Hisp. Minority Owned WDDW-FM Hisp. Minority Owned Minority Spending by Newspaper Month Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Total Spanish Journal Hisp. Minority Owned $0.00 $0.00 $0.00 Spanish Times Hisp. Minority Owned $0.00 $0.00 $0.00 El Conquistador Hisp. Minority Owned $0.00 $0.00 $228.24 Milwaukee Com. Jrnl. AA Minority Owned $0.00 $0.00 $0.00 Milwaukee Courier AA Minority Owned $0.00 $0.00 $0.00 Milwaukee Times AA Minority Owned $0.00 $0.00 $424.41 Hmong Comm. Jrnl. Hm Minority Owned $0.00 $0.00 $0.00 $0.00 $0.00 $228.24 $0.00 $0.00 $424.41 $0.00 9 Part II: PROCUREMENTS Item 2: Advertising Expenditures for MATC Background Information Advertising and publicity expenditures are coordinated through an advertising/media firm. The advertising firm was selected through a formal request for proposal process. The actual placement of the advertising is then treated as sole source procurement. The advertising agency manages production and media placement. College media expenses are herewith submitted to the Finance, Personnel and Operations Committee for review and for presentation to the Board. College media purchases were executed through Advertising, Boelter and Lincoln, Milwaukee, WI, which receives a commission for placements made. MATC advertising and publicity services placed in September 2009, plus estimates for October 2009 and November 2009 are listed below and in the attachments. September 2009 Advertising expenditures Minority Media percent was 0% $20,687.05 October 2009 Advertising estimate Minority Media percent target is 10-12% $29,878.48 November 2009 Advertising estimate Minority Media percent target is 10-12% $10,039.88 10 Milwaukee Area Technical College Media EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 September, 2009 Actual Advertising Objectives: Labor Day Ad College Guide Media Budget: $10,262.05 Online Out-of-Home Print MJS - Labor Day Ad MJS - College & Career Guide Radio $4,440 $5,822.05 Television Target Minority Media Percentage: 10-12% of media cost E/A - Production & Marketing Services Total Estimated Expenditure: 0% $10,425 $20,687.05 Milwaukee Area Technical College Media EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 October, 2009 Estimate Advertising Objectives: Soft launch of new campaign Media Budget: $22,378.48 Online Out-of-Home Print Business Journal BizTimes Milwaukee El Conquistador Spanish Journal $3,988.60 $2,719.50 $313.00 $357.38 Radio 10/26 - 11/7/09 $15,000.00 Television Target Minority Media Percentage: 10-12% of media cost E/A - Production & Marketing Services Total Estimated Expenditure: 25% $7,500.00 $29,878.48 10/15/2009 Milwaukee Area Technical College Media EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 November, 2009 Estimate Advertising Objectives: Soft launch of new campaign Media Budget: $3,539.88 Online Out-of-Home Print Shepherd Express El Conquistador Spanish Journal Milwaukee Times Milwaukee Community Journal $1,175.25 $313.00 $357.38 $848.75 $845.50 Radio Television Target Minority Media Percentage: 10-12% of media cost E/A - Production & Marketing Services TOTAL Expenditure: 67% $6,500 $10,039.88 Milwaukee Area Technical College Media EICHENBAUM / ASSOCIATES 219 North Milwaukee Street Milwaukee, WI 53202 P: 414.225.0011 / F: 414.225.0022 MINORITY SPENDING REPOR FY2010: July 2009 - June 2010 (Media amounts by month billed AS OF 9/2/09 TOTAL MEDIA SPENDING (ALL TARGETS) Month July August September October November December January February March April May June Radio $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TV $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Print $0.00 $0.00 $10,262.05 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Outdoor $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Placed directly through Total Media MATC Placements $0.00 $0.00 $0.00 $0.00 $0.00 $10,262.05 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 Total $0.00 $0.00 $10,262.05 $0.00 $0.00 $0.00 $10,262.05 TOTAL MINORITY OWNED & TARGETED MEDIA SPENDING Month July August September October November December January February March April May June Total Hispanic Hispanic Spending Spending % $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 African African American American Spending Spending % $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hmong Hmong Spending Spending % $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minority Spending Min Total Spend $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL MINORITY SPENDING (OWNED VS. TARGETED) Month July August September October November December January February March April Hispanic Hispanic OWNED* TARGETED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 African African American American OWNED* TARGETED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hmong Hmong OWNED* TARGETED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Vendors $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 May June Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *May also be minority targeted. Minority Spending by Radio Station Month July August September October November December January February March April May June Total WJMR-FM WKKV-FM 98.3 AA 100.7 AA TARGETED TARGETED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WMCS-AM 1290 AA OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WLDB-FM 93.3 AA OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WLUM-FM 102.1 AA OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WNOV-AM 860 AA OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WRR WDDW-FM Hispanic Hisp OWNED TARG $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minority Spending by Newspaper Month July August September October November December January Spanish El Milwaukee Journal Conquistador Community Milwaukee Hispanic Hispanic Journal AA Courier AA OWNED OWNED OWNED OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Milwaukee Just Good WI Hmong Times AA News Directory OWNED AA OWNED HM OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 February March April May June Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minority Spending by Television Month July August September October November December January February March April May June Total WVTV-TV AA TARGETED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WYTU LP Univision Telemundo Cable TV Cable TV Strive Media Hisp. Hisp. Cable TV AA TARGETED TARGETED OWNED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 One time One vendors AA WBWT TV One time vendors Hisp. vendo Hisp. Minority OWNED TARGETED TARGETED TARG $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minority Spending - Other Month July August September October Other AfricanAmerican vendors $0.00 $0.00 $0.00 $0.00 Other Hispanic Other Hmong Vendors Vendors $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 November December January Feburary March April May June Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 Part II: PROCUREMENTS Item 3: Snow Removal – District Wide Background The MATC Operations Department is requesting the following procurement as the District utilizes contracted services for the removal and control of snow and ice at various District locations. The requirements for this service were outlined in RFP 09-29 and provided with invitations to submit bids to sixteen (16) potential firms known to have the capability to provide the required equipment. A search was done for certified Emerging Business Enterprises to include in the mailing and none were located and/or chose to declare themselves as such. Documents were opened on September 28, 2009 at Noon with sic (6) response received. One response was disqualified for not returning required documentation. An evaluation committee rated the response based on the evaluation criteria indicated in the document and the number indicated is the average from the evaluation committee based on the criteria. Pricing is dependent on snow fall amount and salt used. Burgress Snow and Ice Control Winter Services K & S Contractors, Inc. Parking Lot Maintenance, Inc. KEI, Inc. Milwaukee, WI Milwaukee, WI West Allis, WI Pewaukee, WI Oak Creek, WI 36% 83% 66% 95% 87% Responses were evaluated and the qualified response, as indicated in bold above, has met specifications. There were no challenges to the specification document or the manner in which the successful respondent was selected. The term of this agreement is for (1) one year from award with the option to extend the agreement upon mutual consent for (2) additional one (1) year periods. Positive action by the board will result in the use of services to the firm indicated above. Part II: PROCUREMENTS Item 4: Mass Notification System (Phase II – Regional Campuses) Performance Contract (Sustainability) Background Previously Johnson Controls, Inc. (JCI) successfully responded to RFP 07-25 (Downtown Campus & selected District Wide initiatives) to provide performance contract services including design, development, implementation and maintenance of building operation systems. Centered on sustainability, included in the systems are HVAC, lighting and surveillance/security systems. The procurement recommended for approval is for a performance contract to provide a mass notification system for each of the 3 regional campuses similar to the one being completed at the Downtown Campus. See attached agreement which addresses both the previously approved Phase I (Downtown) and this proposed approval of Phase II (Oak Creek, Mequon and West Allis). The fixed equipment portion for the regional campus work will be funded as part of the current FY10 approved construction budget. Similarly, the moveable equipment portion for the regional campus work will be funded as part of the current FY10 approved equipment budget. The total cost for the regional campus work is $484,029.00 as detailed and shown below: Oak Creek Campus Fixed Equipment Moveable Equipment $ 63,225.00 $128,704.00 Mequon Campus Fixed Equipment Moveable Equipment $ 38,092.00 $115,023.00 West Allis Campus Fixed Equipment Moveable Equipment Johnson Controls, Inc. Milwaukee, WI $ 45,784.00 $ 93,200.00 __________ $484,028.00 (3 Campus Total) Positive action by the Board on this item will authorize the issuance of a performance contract and purchase orders in the amount shown, to the above indicated firm. 12 Johnson Controls, Inc. Branch Office Address MASS NOTIFICATION INSTALLATION AGREEMENT 10201 Innovation Drive Milwaukee, WI 53226 Telephone No. 414-259-2830 Customer: MATC Address: 700 W. State Street Milwaukee, WI 53233 Telephone Number: (414) 297-7874 Customer's Facility: Downtown Milwaukee Campus Agreement No. West Allis & Oak Creek Campuses Effective Date: Mequon Campus Customer Representative and Contact Information Scott Hill 414-259-2830 Scope of Agreement. Customer has selected and herewith appoints Johnson Controls, Inc. (“JCI” or “Johnson Controls”) to provide the systems and perform the services that are selected below. JCI will install the systems and perform the services at the Customer’s facility identified above (the “Premises”). Pursuant to the terms and conditions of this Agreement, JCI will install or cause to be installed the systems selected below (herein referred to as the “Work” or the “System”) and will provide monitoring, repair, inspection and/or response services as selected below (herein referred to as the “Services”). A complete list of equipment included with each selected system is identified in Exhibit A “Schedule of Installed Equipment”. A separate list of equipment that is the subject of the Services to be provided herein is attached hereto as Exhibit B “Services Schedule of Equipment”. This Fire/Security Installation and Services Agreement includes these terms, the General Terms and Conditions and all other parts, exhibits, and schedules which together are incorporated herein and comprise the Agreement Documents. Type of System: (check all boxes that apply): Access Control Burglar/Intrusion CCTV Fire Alarm Mass Notification Services: (check all boxes that apply): Basic Coverage (Scheduled Services) Premium Coverage (Scheduled Service Visit and Repair) Central Station Monitoring Central Station Monitoring with Open and Close DECLINE ALL SERVICES Extended Service Options if “Premium Coverage” is selected: On-Site repair services will be provided at Customer’s facility during JCI’s normal business hours, unless one of the following options is selected: 24-5 Extended Service-JCI will provide on-site response 24 hours a day, 5 days a week (Monday thru Friday, except JCI holidays). 24-7 Extended Service-JCI will provide on-site response 24 hours a day, 7 days a week (including holidays). Pricing and Payment Terms. Customer agrees to pay JCI for the Work performed and the Services provided as set forth below. For Services, JCI shall invoice and Customer shall pay upon receipt of invoice and in advance of performance of the Services. Term/Automatic Renewal. This Agreement is for an original term and shall begin on the Effective Date identified above (“Original Term”). The Work will begin in March and the parties agree that the Work shall be deemed completed as of the date on which the System is installed and becomes operational. The Services will begin upon completion of the Work. Unless terminated earlier as provided herein, this Agreement will automatically renew on a year-to-year basis after the Original Term ends unless Customer or JCI gives the other written notice of non-renewal. The notice must be delivered at least thirty (30) days prior to the expiration of the Original Term or any renewal year. Any price adjustments for renewal years are described in the General Terms and Conditions. Entire Agreement. It is agreed and understood by the parties that this Agreement constitutes the entire agreement between the parties, and supersedes any previous agreements or understandings. There are no agreements, understandings or covenants between the parties of any kind, express or implied, oral or otherwise, pertaining to the Work, the System, or the Services hereunder that have not been set forth or specified herein. This Agreement may not be changed, modified or varied except by a writing signed by an authorized representative from each party. This Agreement shall not become binding on JCI unless signed by an authorized representative of JCI. PAYMENT TERMS: The price to be paid by the Customer for the Work shall be $778,477for Phase I. Progress payments (including payment for materials delivered to JCI and work performed on and off-site) shall be made to JCI as follows: Phase I Downtown with Project Development, Engineering, Management, Commissioning, & Warranty First Payment Due: 40% (first month – March 2009) $311,391 Second Payment Due: 30% (second month) $233,543 Third Payment Due: 15% (third month) $116,772 Fourth Payment Due: 10% (fourth month) $77,848 Final Payment Due: 5% (fifth month) $38,924 The Customer will have the option to purchase Phase II of this Mass Notification system until July 31, 2009 for the Mequon, Oak Creek & West Allis campus at the fixed price list below. The price to be paid by the Customer for the Work shall be $484,029 for Phase II. Progress payments (including payment for materials delivered to JCI and work performed on and off-site) shall be made to JCI as follows: Phase II Mequon, Oak Creek & West Allis First Payment Due: 40% (first month – July 2009) $193,611 Second Payment Due: 30% (second month) $145,209 Third Payment Due: 15% (third month) $72,604 Fourth Payment Due: 10% (fourth month) $48,403 Final Payment Due: 5% (fifth month) $24,201 The following categorizes the equipment being installed as fixed or movable on the four campuses within the MATC district. Downtown Campus Fixed Equipment $444,895 Moveable Equipment $238,894 Mequon Campus Fixed Equipment Moveable Equipment Oak Creek Campus Fixed Equipment Moveable Equipment West Allis Campus Fixed Equipment $45,784 Moveable Equipment $93,200 $63,225 $128,704 $38,092 $115,023 Final payment, constituting the entire unpaid balance for the Work, shall be made to JCI within 30 days after the Substantial Completion Date. Payments may be withheld on account of any breach of this Agreement by JCI and claims by third parties (including JCI subcontractors and material suppliers), but only to the extent that written notice has been provided to JCI and JCI has failed, within ten days of the date of receipt of such notice, to provide adequate security to protect Customer from any loss, cost, or expense related to such claims. JOHNSON CONTROLS, INC. By Scott Hill Date March 30, 2009 CUSTOMER: Milwaukee Area Technical College By: _______________________ Date _________ Name: Name: Title: _Account Executive______________________ Title: ___________________________________ GENERAL TERMS AND CONDITIONS FOLLOW GENERAL TERMS AND CONDITIONS TERMS DEFINITIONS (a) COVERED EQUIPMENT means the equipment for which Services are to be provided under this Agreement. Covered Equipment is identified in the “Services Schedule of Equipment” attached to this Agreement as Exhibit B. (b) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic components that are part of the Covered Equipment and that are necessary for its operation. (c) SCHEDULED SERVICE VISITS include labor required to perform inspections or provide preventive maintenance on Covered Equipment. (d) SCHEDULED SERVICE MATERIALS include materials required to perform Scheduled Service Visits on Covered Equipment. (e) REPAIR LABOR includes labor necessary to restore Covered Equipment to working condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. (f) REPAIR MATERIALS includes materials necessary to restore Covered Equipment to working condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. At JCI’s option, Repair Materials may be new, used, or reconditioned. Repair Materials are covered by the terms of the warranty set forth below. SERVICE COVERAGE OPTIONS (a) BASIC COVERAGE includes Scheduled Service Visits [annually, unless otherwise noted], plus Scheduled Service Materials if elsewhere noted in this Agreement, for covered Equipment. (b) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material if elsewhere noted in this Agreement, for covered Equipment. (c) EXTENDED SERVICE includes extended service for repairs and is available only if Customer has PREMIUM coverage. The price for Extended Service, if chosen by Customer, is part of the total price Customer will pay. i. Should a defect be found during an Extended Service visit that JCI is not responsible for under this Agreement, Customer agrees to pay JCI’s standard fee for any services rendered. ii. Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, Customer agrees to pay JCI’s standard fee for any services rendered beyond the Extended Service period. CONDITIONS 1. Access and Authorization to perform the Work and Services. Customer shall give JCI access to the Premises during regular business hours and at all other reasonable times for any reason arising out of or in connection with JCI's rights or obligations under this Agreement. If access cannot be provided, JCI's obligations under this Agreement will be suspended until such access to the Premises is provided. Suspension of JCI's duties for this reason will not cancel or suspend any of Customer's obligations under this Agreement. Any tools, documentation, or equipment in the Premises for JCI's convenience in performing JCI's services shall remain JCI's property. JCI retains the right to remove such items at any time during the term, or upon termination of this Agreement. If Customer desires the Work and/or Services to be rendered at a time other than normal business hours, any additional costs (e.g., overtime pay, etc.) will be paid for by Customer at JCI's standard rates. 2. Delay/Interruption. JCI assumes no liability for delay in the performance of Work and/or Services or interruption of the Work and/or Services due to strikes, riots, labor disputes, theft, vandalism, riots, war, unavailability of parts, materials or supplies, floods, fires, acts of God, explosions or other casualties or any other cause beyond the control of JCI including interruptions in telephone and/or internet service. JCI will not be required to supply the Work or perform the Services while interruption of the Work and/or Services due to any such cause shall continue. 3. INDEMNIFICATION. EACH PARTY WILL BE RESPONSIBLE TO THE OTHER ONLY FOR SUCH INJURY, LOSS, OR DAMAGE TO THE EXTENT CAUSED BY THE INTENTIONAL MISCONDUCT OR NEGILIGENT ACTS OR OMISSIONS OF SUCH PARTY. JCI AND CUSTOMER AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OTHER, INCLUDING THEIR OFFICERS, AGENTS, DIRECTORS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, OR SUITS OF ANY KIND, INCLUDING ALL LEGAL COSTS AND ATTORNEY’S FEES, RESULTING FROM THE INTENTIONAL MISCONDUCT OF THEIR EMPLOYEES OR ANY NEGLIGENT ACT OR OMISSION BY THEIR EMPLOYEES OR AGENTS. THE OBLIGATIONS OF JCI AND CUSTOMER ARE FURTHER SUBJECT TO THE LIMITATION OF LIABILITY INCLUDED HEREIN. 4. LIMITATION OF LIABILITY. NEITHER JCI NOR THE CUSTOMER WILL BE RESPONSIBLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. NEITHER PARTY WILL BE RESPONSIBLE TO THE OTHER FOR DAMAGE, LOSS, INJURY OR DELAY CAUSED BY CONDITIONS THAT ARE BEYOND THE REASONABLE CONTROL, AND WITHOUT THE INTENTIONAL MISCONDUCT OR NEGLIGENCE, OF THAT PARTY. SUCH CONDITIONS INCLUDE, BUT ARE NOT LIMITED TO: (A) ACTS OF GOD; (B) ACTS OF GOVERNMENT AGENCIES; (C) STRIKES; (D) LABOR DISPUTES; (E) FIRE; (F) EXPLOSIONS OR CASUALTIES; (G) THEFTS; (H) VANDALISM; (I) RIOTS OR WAR; (J) TERRORISM; AND (J) UNAVAILABLITY OF PARTS, MATERIALS, OR SUPPLIES. IN NO EVENT SHALL THE INDEMINIFICATION OBLIGATION EXCEED THE CONTRACT AMOUNT OR THE AMOUNT OF INSURANCE REQUIRED BY THIS AGREEMENT, WHICHEVER IS GREATER. CUSTOMER UNDERSTANDS THAT JCI IS NOT AN INSURER REGARDING THE WORK OR THE SERVICES. JCI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM FIRE SAFETY OR SECURITY EQUIPMENT THAT FAILS TO PERFORM PROPERLY OR FAILS TO PREVENT A CASUALTY OR LOSS. 5. WARRANTY. JCI warrants that the Work provided and the Services performed shall be as specified herein and, if applicable, in accordance with the manufacturer's specifications. JCI warrants that the Work and Services shall be free from defects in material and workmanship, not inherent in the quality required or permitted, for a period of one (1) year from the date the Work is completed or the Services are performed. Upon written notice from Customer, JCI shall, at its option, repair or replace any defective Work or Services. These warranties do not extend to any Work or Services that has been misused, altered or repaired by Customer or third parties without the supervision of and prior written approval of JCI, or if JCI serial numbers or warranty decals have been removed or altered. Customer must provide prompt written notice to JCI of any failure of a System. All replaced Systems or parts become JCI's property. This warranty is not assignable. If JCI installs a System under this Agreement, and that System, or any part thereof is covered by a warranty from the manufacturer, JCI will transfer the benefits of that manufacturer's warranty to Customer, if (i) permitted pursuant to the terms of the warranty, and (ii) this Agreement with Customer terminates before the System manufacturer's warranty expires. JCI MAKES NO OTHER REPRESENTATIONS OR WARRANTIES - EITHER EXPRESS OR IMPLIED - AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF THE SYSTEM, ITS MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED. 6. Service Provider. Customer acknowledges and agrees that except to the extent JCI may perform Work, JCI shall be considered a service provider and not a merchant or a vendor of goods. 7. Permits and taxes. Customer agrees to obtain all licenses and permits and to pay all taxes, fines and assessments, including sales taxes associated with the Work and/or Services. 8. Increase in Taxes or Utility Charges. All prices/charges set forth herein are based upon existing taxes and utility charges, and Customer agrees to pay any additional or increased taxes or utility charges imposed by a utility or government agency relating to the Work (including the System) or the Services. JCI reserves the right to have the telephone company bill Customer directly for any telephone charges necessary to provide the Services 9. Initial Equipment Inspection JCI will inspect the Covered Equipment within 45 days of the date of this Agreement or as seasonal or operational conditions permit. JCI will advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With the Customer's approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition subject to the terms and conditions of this Agreement. This work will be done at JCI's standard fee for parts and labor in effect at that time. If the Customer does not want JCI to do the work identified by JCI, or if Customer does not have the work done, the equipment will be removed from the list of Covered Equipment and the price of this Agreement will then be adjusted. 10. System Tampering. Customer agrees not to tamper with, alter, adjust, add to, disturb, injure or remove or otherwise interfere with an installed System (including any software), nor to permit the same to be done, and Customer shall be responsible for the System during the term of this Agreement. It is further agreed that the System shall remain in the same location as installed and any removal or disturbance thereof (resulting from painting, altering, or remodeling fixtures or any changes whatsoever) necessitating any work by way of repair, relocation or otherwise, shall be paid for by Customer in accordance with standard JCI prices in addition to all other charges mentioned herein. 11. Central Station Service. If central station monitoring services are provided, Customer agrees to furnish JCI with a list of the names, titles, residence addresses and phone numbers of all persons authorized to enter the Premises during regularly scheduled closed periods. If JCI’s Services include “Central Station Monitoring Services with Open and Close”, Customer also agrees to furnish JCI with Customer-authorized daily and holiday opening and closing schedules. 12. Customer Obligations and Commitments to JCI. Customer shall (i) carefully and properly set the System each night or at such other time as Customer shall close the Premises; (ii) carefully and properly test the System prior to each closed period; (iii) operate the System according to the manufacturer's and/or JCI's recommendations; (iv) keep accurate and current work logs and information on the System as recommended by the manufacturer; (v) provide an adequate environment for the System as recommended by the manufacturer or as recommended by JCI; (vi) notify JCI immediately of any claimed inadequacy in, or failure of, the System or other condition affecting the operation of the System; and (vii) Customer agrees to furnish any necessary 110 volt a.c. power and electrical outlets at its expense. Customer acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any System breakdown, or any necessary repair or replacement of any equipment. Customer agrees: (i) to repair, service and/or to assure the operation of any other property, system or device of Customer, or of others, to which the System may be attached or connected; (ii) to refrain from causing false alarms, and to pay, or reimburse JCI for payment of any fine, penalty, or fee paid by JCI or assessed against JCI by any governmental or municipal agency; and (iii) that all alarm valves, gate valves, tanks, pumps, compressors, inspector test connections, or other elements of any sprinkler system, now or hereinafter installed, are or will be corrected at Customer's expense so as to be acceptable to the insurance carrier, fire rating bureau or agency or other authorities having jurisdiction when equipped with JCI's signaling devices. 13. Alarm Dispatches. JCI, upon receipt of an alarm or other signal from the Premises, shall make reasonable effort to transmit the signal to the appropriate police, fire department or other emergency response agency having jurisdiction, unless there is reason to believe that an emergency condition does not exist; and JCI shall make a reasonable effort to notify Customer or its designated representative by telephone, unless instructed to do otherwise by Customer in writing. JCI, upon receipt of an industrial process signal from the Premises, shall take reasonable steps to notify the Customer's representative pursuant to the Customer's written instructions. Customer acknowledges that if the signals transmitted from the Premises will be monitored in a monitoring facility not operated by JCI, the personnel in such monitoring facilities are not the agents of JCI, nor does JCI assume any responsibility for the manner in which such signals are monitored or the response to such signal. 14. Communications Media. Customer acknowledges that the System transmits signals over standard telephone lines and/or the internet and that these modes of transmission may be interrupted, circumvented or compromised, in which case no signal can be transmitted from Customer's premises (the "Premises") to the monitoring facility. Customer understands that to allow the monitoring facility to be aware of such a condition, additional or alternative protection can be installed, such as line security devices, at Customer's cost and expense and for transmission via telephone line only. Customer acknowledges it is aware that line security devices are available and, unless expressly identified in the Schedule of Equipment, has declined to purchase such devices. Customer further acknowledges that such additional protection is not available for internet transmission under this Agreement. 15. Unnecessary Alarms and Service Calls. At JCI's option, an additional fee may be charged for any false alarm or unnecessary service run caused by Customer. In addition, if JCI or Customer is assessed any fine or penalty by any municipality as a result of such false alarm, Customer shall be responsible for the full amount of that charge. 16. Inspection, Test and Repair. Customer hereby authorizes JCI to make required inspections, tests and repairs to the System. JCI will provide notice to the Customer of such necessary inspections, tests and repair and shall thereafter endeavor to perform such tasks as soon as is reasonably possible. Customer understands and agrees that JCI's obligation to repair the System relates solely to the System specified under this Agreement and that JCI is not obligated to test, inspect or repair or otherwise ensure the operation of devices or systems of others to which JCI Systems may be attached. In the event JCI is asked and thereafter consents in writing to accept responsibility to provide service on an existing Customer system, JCI will first conduct a preliminary inspection of such system. Customer agrees to pay for any necessary changes recommended by JCI to be made to the system prior to JCI’s commencement of the additional services for such system. 17. System Damage. Should any part of the System be damaged by fire, water, acts of God, attempted or actual unauthorized repair service, misuse, abuse or modification, or any other cause beyond the control of JCI, any repairs or replacement shall be paid for by Customer. In no event shall JCI be responsible to Customer or any third party for any damage or loss to any real or personal property arising out of JCI'S obligation to repair or service the System. 18. Exclusions - JCI's services under this Agreement do not include: a) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as ribbons, bulbs and paper; b) calls resulting from lack of operator-level preventive maintenance, site related problems, or operator error; c) service calls due to failure resulting from acts of God, abuse or misuse of equipment, or alterations, modifications, or repair to equipment not performed or provided by JCI; d) the furnishing of materials and supplies for painting or refinishing equipment; e) electrical work to the Customer's facility necessary because of equipment; f) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this Agreement; g) the repair or replacement of the following if not normally replaced or maintained on a scheduled basis: wire in conduit or the like, buried cable/transmission lines; h) service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance; i) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in advance by JCI; j) work caused by the negligence of others, including but not limited to equipment operators and water treatment companies; and k) service calls due to failures caused by improper environmental conditions affecting equipment or electrical power fluctuations, if due to conditions beyond JCI's control, and service calls required because JCI had previously been denied access to the equipment. Default, Suspension, Termination. In the event that Customer fails to comply with any of the terms of this Agreement or in the event Customer wrongfully terminates this Agreement (events constituting a “Default” for purposes of this Agreement), any remaining unpaid amounts owing hereunder are immediately due and payable within 30 days from the date of such Default. In the event of a Customer Default, JCI shall have the right to exercise any one or more of the following remedies: (i) to sue for and recover all monies owing and other payments then accrued, or thereafter accruing or declared to be due and payable; (ii) to terminate this Agreement; or (iii) to pursue any other remedy at law or in equity. Any terms of this Agreement which by their nature extend beyond the Agreement termination remain in effect until fulfilled, and apply to the respective successors and assignees of Customer. All such remedies are cumulative, and may be exercised concurrently or separately. Customer shall be liable for all fees, costs or expenses JCI may incur in connection with the enforcement of any of its remedies herein, including without limitation, reasonable attorney fees, collection agency fees or court costs incurred by JCI. This Agreement may be terminated or suspended at the convenience of JCI without liability or penalty by delivering to Customer written notice of such termination or suspension ten (10) days prior to the effective date of such termination or suspension. 19. 20. Cancellation of Central Station Monitoring Services. The “Central Station Monitoring” or “Central Station Monitoring with Open or Close” Services may be immediately canceled by either party in the event JCI's central station, connecting wires, or System within the Premises are destroyed by fire, or other catastrophe, or where the Premises are so substantially damaged that it is impractical to continue Services. 21. Changes a. Changes to Scope of Work. Customer acknowledges and agrees that JCI developed the prices set forth herein in accordance with plans and specifications provided by the Customer or the Customer’s contractor. In the event that any authority having jurisdiction over the Premises requires an alteration to the design of the system that increases or decreases the coverage requirements, JCI reserves the right to increase or decrease the price and/or scope of the work accordingly. Notwithstanding anything herein to the contrary, this provision will apply to any Planned Service Agreement or any other agreement governing the delivery of services by JCI to the Customer arising from or associated with the installation of the system pursuant to this Agreement. b. Changes to Customer Equipment. The Customer retains the right to make changes or alterations to its equipment, provided that if, in JCI’s sole opinion, such changes or alterations substantially affect JCI’s Services or obligations herein, JCI shall have the right to make appropriate changes to the scope or price of this Agreement or to both. Customer shall pay for all changes, including any increase in the Services Price, which result from any Customer directed alteration, remodeling, repair or other change to the Premises. 22. Renewal Price Adjustment JCI will provide Customer with notice of any adjustments in the Total Price for Services applicable to a renewal period no later than forty-five (45) days prior to the commencement of that renewal period. Unless the Customer terminates the Agreement as provided in the Term/Automatic Renewal paragraph of this Agreement, the adjusted price shall be the price for the renewal period. 23. Hazardous Materials. a. Asbestos-Containing Substances: Neither Customer nor JCI desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of asbestos-containing Substances (“ACM”). Consistent with applicable laws, Customer shall supply JCI with any information in its possession relating to the presence of ACM at any of its facilities where JCI undertakes any Work or Services that may result in the disturbance of ACM. It is JCI’s policy to seek certification for facilities constructed prior to 1982 that no ACM is present, and Customer shall provide such certification for buildings it owns, or aid JCI in receiving such certification from facility Customers in the case of buildings that it does not own, if JCI will undertake Work or Services in the facility that could disturb ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM that may be disturbed by JCI’s Work or Services, it shall immediately stop the Work or Services in the affected area and notify the other’s contacts. As between Customer and JCI, Customer shall be responsible at its sole expense for addressing the potential for or the presence of ACM in conformance with all applicable laws and addressing the impact of its disturbance before JCI continues with its Work or Services, unless JCI had actual knowledge that ACM was present and acted in disregard of that knowledge, in which case (i) JCI shall be responsible at is sole expense for remediating areas impacted by the disturbance of the ACM, and (ii) Customer shall resume its responsibilities for the ACM after JCI’s remediation has been completed. b. Other Hazardous Substances: For other Hazardous Substances that may be otherwise present at its facilities (“Non-JCI Hazardous Substances”), Customer shall supply JCI with any information in its possession relating to the presence of such Substances if their presence may affect JCI’s performance of the Work or Services. If either Customer or JCI becomes aware of or suspects the presence of Non-JCI Hazardous Substances that may interfere with JCI’s Work or Services, it shall immediately stop the Work or Services in the affected area and notify the other’s contacts. As between Customer and JCI, Customer shall be responsible at its sole expense for removing and disposing of Non-JCI Hazardous Substances from it facilities and the remediation of any areas impacted by the release of the Non-JCI Hazardous Substances, unless JCI had actual knowledge that Non-JCI Hazardous Substances were present and acted in disregard of that knowledge, in which case (i) JCI shall be responsible at its sole expense for the remediation of any areas impacted by its release of such Hazardous Substances, and (ii) Customer shall remain responsible at its sole expense for the removal of Hazardous Substances that have not been released and for releases not resulting from JCI’s performance of the Work or Services. 24. JCI's Employees. Customer acknowledges that JCI's employees are a valuable asset to JCI. Customer agrees to pay JCI an amount equal to twelve (12) months of salary for each JCI employee who worked at Customer's facility who is then hired by Customer at any time during the term of this Agreement and for sixty (60) days thereafter. In addition, Customer agrees to reimburse JCI for all costs associated with any training JCI provided to such employees during the three years before the date Customer hires such employees. 25. Assignment. and Subcontracting This Agreement may not be assigned by Customer. JCI shall have the right to assign this Agreement to any other person, firm or corporation without the consent of Customer. JCI shall also have the right, in its sole discretion and upon written notice to Customer, to subcontract any Work and/or Services, including, installation, monitoring, repair or other services which it may be required to perform herein. Customer acknowledges that this Agreement, and particularly those paragraphs relating to JCI ‘s limitation of liability, damages, and indemnification, inure to the benefit of and are applicable to any assignees and or subcontractors of JCI, and that they bind Customer with respect to said assignees or subcontractors with the same force and effect as they bind Customer to JCI. 26. Applicable law/Severability. This Agreement shall be governed by the laws of the State where the Customer’s Premises is located. In case one or more of the provision contained in the Agreement Document should be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby. 27. Notices; Limitation on Lawsuits; Jury Trial. Unless otherwise indicated, all notices must be in writing by personal delivery, mail, or facsimile transmission at the respective addresses of JCI and Customer set forth in this Agreement. CUSTOMER MUST BRING ANY CLAIM AGAINST JCI WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE. IF CUSTOMER DOES NOT, CUSTOMER WILL HAVE IRREVOCABLY WAIVED ITS RIGHT TO SUE JCI AND/OR INSTITUTE OTHER PROCEEDINGS, AND JCI SHALL HAVE NO LIABILITY TO CUSTOMER FOR SUCH CLAIM. TIME IS OF THE ESSENCE RELATIVE TO CUSTOMER PURSUING ANY SUCH CLAIM. THE PROVISIONS OF THIS AGREEMENT WHICH APPLY TO ANY CLAIM SHALL REMAIN IN EFFECT EVEN AFTER THE AGREEMENT IS TERMINATED. JCI AND CUSTOMER EACH WAIVE THEIR RIGHT TO A JURY TRIAL. EXHIBIT A - SCHEDULE OF INSTALLED EQUIPMENT Oak Creek Campus • • • • • • Provide Remote IBS Command Station c/o: workstation with monitor, keyboard and desktop microphone LAN drop connection at IBS Provide and install Roof Mounted Speaker Cluster with Mast Provide and install (164) speaker/strobe units Provide and install (3) amplifier/power supply panels Freight and sales taxes. The following is NOT included is the Oak Creek Campus scope: • Premium time. Mequon Campus • • • • • • Provide Remote IBS Command Station c/o: workstation with monitor, keyboard and desktop microphone LAN drop connection at IBS Provide and install Roof Mounted Speaker Cluster with Mast Provide and install (78) speaker/strobe units Provide and install (2) amplifier/power supply panels. Freight and sales taxes. The following is NOT included is the Mequon Campus scope: • Premium time. West Allis Campus • • • • • • Provide Remote IBS Command Station c/o: workstation with monitor, keyboard and desktop microphone LAN drop connection at IBS Provide and install (5) outdoor horn/speakers Provide and install (84) speaker/strobe units Provide and install (2) amplifier/power supply panels Freight and sales taxes. The following is NOT included is the West Allis Campus scope: • Premium time. Downtown Campus • • • • • • Provide Master IBS Command Station c/o: server with monitor, keyboard and desktop microphone LAN drop connection at IBS Provide and install (400) speaker/strobe units Provide and install (8) amplifier/power supply panels Provide install (8) outdoor horn/speakers Freight and sales taxes. The following is NOT included is the Downtown Campus scope: • Premium time. Part II: PROCUREMENTS Item 5: Bookstore Point of Sale System Background The MATC Bookstore has requested the purchase of an integrated computer system that includes point-of sale cash registers, textbook management software and general retail systems management software. A new system will replace a ten year old system that is not meeting functional needs. The POS system will enable the Bookstores to improve current services such as fulfillment, used book and book buy back and support new ones such as a text rental program and expanded e-commerce. The vendor recommended for this purchase is an industry leader and is MATC’s primary source of used books. This procurement is being deemed as a sole source procurement. The vendor indicated owns the only system that will allow us to do e-commerce and a rental program within our current bookstore infrastructure. This firm also has the best buyback functions which net more money to our students. The amount indicated below is for the hardware/software for the system. This amount will be taken out of our commission rates received from the vendor. The out of pocket expenses for MATC are approximately $4,000 which will be for implementation, training, etc. Missouri Book Services (MBS) Columbia, MO $129,400.00 Positive action by the Board on this item will authorize the issuance of a purchase order to the above indicated firm. 13 Part II: PROCUREMENTS Item 6: Digital Signage Displays Background The District Signage Committee has requested a purchase from the vendor indicated below for digital signage displays (primarily interior). These displays are 42” LCD monitors. This procurement is for the Downtown campus location. This procurement is being made as a cooperative purchase, utilizing a contract that was awarded to the vendor indicated through Western States Contracting Alliance (WSCA.). The WTCS state office has approved the use of their contracts. Now Micro, Inc. St. Paul, MN $44,223.00 Positive action by the Board on this item will authorize the issuance of a purchase order to the above indicated firm. 14 Part II: PROCUREMENTS Item 7: On-line Tutoring (RN Program) Background Health Occupations has requested the following procurement which is an annual blanket order issued to cover on-line tutoring for the RN program. The funds for this service is covered in Fund 5 – paid for by the students. Assessment Technologies Stillwater, KS $70,000.00 Positive action by the Board on this item will authorize the issuance of a purchase order to the above indicated firm. 15 Part III: CONTRACTS FOR SERVICES Item 1: 2007-2008 RENOVATION AND REMODELING Oak Creek Cooling Season HVAC Reheat Supply System Performance Contract (Sustainability) Background Previously Johnson Controls, Inc. (JCI) successfully responded to RFP 07-18 (Oak Creek Campus) to provide performance contract services including design, development, implementation and maintenance of building operation systems. Centered on sustainability, included in the systems are HVAC, lighting and surveillance/security systems. This procurement recommended for approval is for a performance contract for HVAC system improvements in the A-Wing of the Oak Creek Campus. Traditionally spaces requiring large exhaust air quantities tend to be overcooled during the cooling season. The historical solution has been to provide hot water heating booster coils in the supply air stream to avoid overcooling these spaces. To provide hot water for heating purposes requires the large campus boilers to be run the entire cooling system with minimal load (only the booster coils). This is no longer an acceptable practice as vast amounts of energy are consumed to hold the boiler systems in a ready mode for only periodic use of the energy. As such the administration and staff have been working with Johnson Controls to develop and strategy to address this condition. The solution will likely involve variable flow refrigerant systems that capture excess generated heat from equipment, lighting, etc. and/or other smaller incremental systems that can provide the lesser hot water heating requirement to the isolated areas of need during the cooling season. The total cost will be $289,300.00 as shown below. JCI h as worked with staff to develop the definitive contract requirements recommended for approval with as follows: Johnson Controls, Inc. Milwaukee, WI $289,300.00 Positive action by the Board on this item will authorize the issuance of a contract in the amount shown above to the vendor indicated. 16 Part IV: CONSTRUCTION Item 1: 2008-2009 RENOVATION AND REMODELING Oak Creek Campus A-Wing Fascia and Gutter Improvements Background Information Previously, the Board approved lists of renovation and remodeling capital projects for budget year 2008-2009. The projects and funding plan were also approved as part of the FY09 Fiscal Year Budget approvals. During late summer of this year, emergency measures were taken to temporarily mitigate water leaks from the aged and deteriorating fascia / gutter system of the south side of the A-Wing at the Oak Creek Campus (location of the main entry). Among the areas threatened by leaks were the main Administrative Office Complex on the upper level and the cafeteria on the lower level, including the new Grab & Go facility. Following application of the temporary emergency measures, it was determined that more permanent improvements should be implemented as soon as possible. Funds were reallocated accordingly within the FY09 funding program and bid documents were developed. The contract recommended for approval below is for a single prime contract that pertains to the general construction for the previously mentioned areas on the Oak Creek Campus. Bid documents for the aforementioned work were prepared in accordance with Board policies and State regulations, and advertisements were placed in the Daily Reporter, the Milwaukee Courier / Star and the Spanish Journal. The bids were opened on October 15, 2009 with the following results: GENERAL CONSTRUCTION WORK (Comprehensive Single Prime) Carlson Racine Roofing & Sheet Metal, Inc., Racine, WI SRS Roofing & Sheet Metal, Inc., Waterford, WI Titan Building Company, Inc., New Berlin, WI $ $ $ 54.074.00 29,460.00* 51,900.00 Proposals were evaluated, and the low qualified bid, as indicated by the asterisk, has met specifications. There were no challenges to the bid document or the manner in which the successful bidder was selected. Positive action by the Board on this item will authorize the issuance of a contract in the amount shown to the firm indicated by the asterisk. 18 Part IV: CONSTRUCTION Item 2: 2007/8 & 2008/9 RENOVATION AND REMODELING Accessibility Improvements; Oak Creek Campus Background Previously the Board approved lists of renovation and remodeling capital projects for budget years 2008 & 2009. The projects and funding plan were also approved as part of the respective Fiscal Year Budget approvals. WTCSB approval has also been obtained for these projects. The contract recommended for approval below is a single prime contract that pertains to the General Construction work for accessibility improvements for the Oak Creek Campus. The improvements are required due to more stringent federal regulations and enforcement. Similar projects of varying scope have been implemented for the Mequon, Downtown and West Allis Campuses under separate procurements. Bid documents for the aforementioned work were prepared in accordance with Board policies and State regulations and advertisements were placed in the Daily Reporter, the Milwaukee Courier/Star and the Spanish Journal. The bids were opened on October 13, 2009 with the following results which includes the Base Bid only: GENERAL CONSTRUCTION WORK (Comprehensive Single Prime) Absolute Construction Enterprises, Inc. Racine, WI Creative Constructors LLC Menomonee Falls, WI Grunau Company, Inc. Oak Creek, WI KPH Construction Corporation Milwaukee, WI Titan Building Company, Inc. New Berlin, WI Triad Construction, Inc. West Allis, WI VJS Construction Services Pewaukee, WI Willkomm Enterprises, LLC Union Grove, WI $36,777.00 * $41,300.00 $46,500.00 $49,038.00 $44,700.00 $42,845.00 $55,900.00 $57,000.00 Proposals were evaluated and the low qualified bid, as indicated by the asterisk, has met specifications. There were no challenges to the bid document or the manner in which the successful bidder was selected. Positive action by the Board on this item will authorize the issuance of a contract in the amount shown to the firm indicated by the asterisk. 19 Attachment FPO – 6 $1,500,000.00 Milwaukee Area Technical College District, Wisconsin General Obligation Promissory Notes, Series 2009-2010C RESOLUTION AUTHORIZING THE SALE OF $1,500,000.00 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2009-2010C Resolution F0142-10-09 WHEREAS, pursuant to Section 67.12(12) of the Wisconsin Statutes, as amended (the “Act”), the Milwaukee Area Technical College District, Wisconsin (the “District”), is authorized to issue notes of the District for the public purpose of financing $1,500,000.00 building remodeling and improvement projects, consisting of projects included in the District's 2009-2010 building remodeling and improvement program (the public purpose project described above are hereafter referred to as the “Public Purposes”); and WHEREAS, on September 22, 2009, the District authorized the issuance of $1,500,000.00 General Obligation Promissory Notes, Series 2009-2010C (the “Notes”), for the Public Purposes; and WHEREAS, the District has prepared and distributed a Preliminary Official Statement (the “Preliminary Official Statement”) dated October ___, 2009 describing the Notes and the security therefor; and WHEREAS, the District has examined proposed documentation for the Notes (collectively, the “Note Documents”), as follows: (a) a Note Purchase Agreement (the “Note Purchase Agreement”) to be entered into between the District and Robert W. Baird & Co. Incorporated, providing for the sale of the Notes; and (b) the Preliminary Official Statement. WHEREAS, it is now expedient and necessary for the District to issue its general obligation promissory notes in the amount of $1,500,000.00 for the Public Purposes; NOW, THEREFORE, the District hereby resolves as follows: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by implication requires otherwise: “Act” shall mean Section 67.12(12) of the Wisconsin Statutes; “Code” shall mean the Internal Revenue Code of 1986, as amended; “Continuing Disclosure Agreement” shall mean the Continuing Disclosure Agreement, executed and delivered by the Issuer, dated November 16, 2009 (the “Continuing Disclosure Agreement”), delivered by the District for the purpose of complying with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended; “Dated Date” shall mean November 16, 2009; “Debt Service Fund” shall mean the Debt Service Fund of the District, which shall be the “special redemption fund” as such term is defined in the Act; “District” shall mean the Milwaukee Area Technical College District, Wisconsin; “Fiscal Agent” shall mean the Treasurer of the District; “Governing Body” shall mean the Board of the District, or such other body as may hereafter be the chief legislative body of the District; “Initial Resolution” shall mean “Resolution Authorizing the Issuance of $1,500,000.00 General Obligation Promissory Notes, Series 2009-2010C of Milwaukee Area Technical College District, Wisconsin,” adopted by the Governing Body on September 22, 2009; “Note Registrar” means the Secretary of the District; “Notes” shall mean the $1,500,000.00 General Obligation Promissory Notes, Series 2009-2010C, of the District; “Public Purposes” shall mean, the public purpose of financing building remodeling and improvement projects, consisting of projects included in the District's 2009-2010 building remodeling and improvement program; “Purchase Price” shall mean $___________ ($1,500,000.00 par amount of Notes, plus premium of $_________, less underwriter's discount of $_______, less publishing costs of $500.00), plus accrued interest, if any, from the Dated Date to the date of delivery of the Notes; “Record Date” shall mean the close of business on the fifteenth day of the calendar month next preceding any principal or interest payment date; “Securities Depository” means The Depository Trust Company, New York, New York, or its nominee; and “Underwriter” means Robert W. Baird & Co. Incorporated, Milwaukee, Wisconsin. 2 Section 2. Authorization of the Notes. For the purpose of financing the Public Purposes, there shall be borrowed on the full faith and credit of the District the sum of $1,500,000.00; and fully registered general obligation promissory notes of the District are authorized to be issued in evidence thereof. Section 3. Sale of the Notes. To evidence such indebtedness, the Chairperson and the Secretary of the District are hereby authorized, empowered and directed to make, execute, issue and sell to the Underwriter for, on behalf of and in the name of the District, general obligation promissory notes in the aggregate principal amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) for the Purchase Price, plus accrued interest to the date of delivery. Section 4. Terms of the Notes. The Notes shall be designated “General Obligation Promissory Notes, Series 2009-2010C”; shall be dated the Dated Date; shall be numbered one and upward; shall bear interest as shown on the Maturity Schedule below; shall be issued in denominations of $5,000 or any integral multiple thereof; and shall mature on the dates and in the amounts as set forth below. Interest on the Notes shall accrue from the Interest Accrual Date and shall be payable semi-annually on June 1 and December 1 of each year, commencing on June 1, 2010. MATURITY SCHEDULE Maturity Date Principal Amount June 1, 2011 June 1, 2012 June 1, 2013 June 1, 2014 $350,000.00 $500,000.00 $500,000.00 $150,000.00 Interest Rate The Notes shall not be subject to call and prior redemption. Section 5. Form, Execution, Registration and Payment of the Notes. The Notes shall be issued as registered obligations in substantially the form attached hereto as Exhibit A and incorporated herein by this reference. The Notes shall be executed in the name of the District by the manual signatures of the Chairperson and the Secretary, and may be sealed with its official or corporate seal, if any. The principal of, premium, if any, and interest on the Notes shall be paid by the Fiscal Agent. Both the principal of and interest on the Notes shall be payable in lawful money of the United States of America by the Fiscal Agent. Payment of principal of the final maturity on the Notes will be payable upon presentation and surrender of the Notes to the Fiscal Agent. Payment of principal on the Notes (except the final maturity) and each installment 3 of interest shall be made to the registered owner of each Note who shall appear on the registration books of the District, maintained by the Note Registrar, on the Record Date and shall be paid by check or draft of the Fiscal Agent and mailed to such registered owner at the address appearing on such registration books or at such other address may be furnished in writing to such registered owner to the Note Registrar. Section 6. Note Proceeds. The sale proceeds of the Notes (exclusive of accrued interest, printing distribution and filing fees, and any premium received) shall, forthwith upon receipt, be placed in and kept by the District Treasurer as a separate fund to be known as the Promissory Notes, Series 2009-2010C, Borrowed Money Fund (hereinafter referred to as the “Borrowed Money Fund”). Moneys in the Borrowed Money Fund shall be used solely for the purposes for which borrowed or for transfer to the Debt Service Fund as provided by law. Section 7. Tax Levy. In order to provide for the collection of a direct annual tax sufficient in amount to pay and for the express purpose of paying the interest on the Notes as it falls due and also to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable property in the District, in addition to all other taxes, a nonrepealable, direct, annual tax in an amount sufficient for that purpose. This tax shall be from year to year carried into the tax roll of the District and collected in addition to all other taxes and in the same manner and at the same time. Said tax is to be for the following years and in the following minimum amounts: Amount of Tax Year of Levy 2009 2010 2011 2012 2013 $__________ $__________ $__________ $__________ $__________ The District shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Notes, said tax shall be carried into the tax rolls of the District and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls with respect to the Notes may be reduced by the amount of any surplus money in the Debt Service Fund created pursuant to Section 8 below. If there shall be insufficient funds from the tax levy to pay the principal of or interest on the Notes when due, the said principal or interest shall be paid from other funds of the District on hand, said amounts to be returned when said taxes have been collected. There be and there hereby is appropriated from taxes levied by the District in anticipation of the issuance of the Notes and other funds of the District on hand a sum sufficient to be deposited in the Debt Service Fund to meet payments with respect to debt service due on June 1, 2010. The tax herein levied for the year 2009 shall be abated by 4 the amount appropriated by this paragraph and deposited in the Debt Service Fund. Section 8. Debt Service Fund. Within the debt service fund previously established within the treasury of the District, there be and there hereby is established a separate and distinct fund designated as the “Debt Service Fund for $1,500,000.00 General Obligation Promissory Notes, Series 2009-2010C, dated November 16, 2009” (the “Debt Service Fund”), and such fund shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The District Treasurer shall deposit in such Debt Service Fund (i) all accrued interest received by the District at the time of delivery of and payment for the Notes; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Notes when due; (iv) any premium which may be received by the District above the par value of the Notes and accrued interest thereon; (v) surplus moneys in the Borrowed Money Fund for the Notes; and (vi) such further deposits as may be required by Section 67.11 of the Wisconsin Statutes. No money shall be withdrawn from the Debt Service Fund and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Notes prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the District, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a) of the Wisconsin Statutes in interestbearing obligations of the United States of America, in other obligations of the District or in other investments permitted by law, which investments shall continue as a part of the Debt Service Fund. When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Fund shall be deposited in the general fund of the District, unless the District Board directs otherwise. Section 9. Deposits and Investments. The Debt Service Fund shall be kept apart from moneys in the other funds and accounts of the District and the same shall be used for no purpose other than the prompt payment of principal of and interest on the Notes as the same becomes due and payable. All moneys therein shall be deposited in special and segregated accounts in a public depository selected under Chapter 34 of the Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to the provisions of Sections 66.0603(1m) and 67.10(3) of the Wisconsin Statutes. All income derived from such investments shall be regarded as revenues of the District. No such investment shall be in such a manner as would cause the Notes to be “arbitrage bonds” within the meaning of Section 148 of the Code or the Regulations of the Commissioner of Internal Revenue thereunder. 5 The District Treasurer shall, on the basis of the facts, estimates and circumstances in existence on the date of closing, make such certifications as are necessary to permit the conclusion that the Notes are not “arbitrage bonds” under Section 148 of the Code or the Regulations of the Commissioner of Internal Revenue thereunder. Section 10. Sale of Notes. The terms, conditions and provisions of the Notes and the Note Documents are, in all respects, authorized and approved. The form of the Note Purchase Agreement is hereby approved. The Notes shall be sold and delivered in the manner, at the Purchase Price, plus interest accrued from the Interest Accrual Date to the closing date, pursuant to the terms and conditions set forth in the Note Purchase Agreement. The preparation of the Preliminary Official Statement dated October ___, 2009, and the Final Official Statement dated October 27, 2010, and their use as contemplated in the Note Purchase Agreement, are hereby approved. The Preliminary Official Statement is “deemed final” as of its date, except for omissions or subsequent modifications permitted under Rule 15c2-12 of the Securities and Exchange Commission. The Chairperson and Secretary of the District are authorized and directed to do any and all acts necessary to conclude delivery of the Notes to the Underwriter, as soon after adoption of this Resolution as is convenient. Section 11. Book-Entry Only Notes. The Notes shall be transferable as follows: (a) Each maturity of Notes will be issued as a single Note in the name of the Securities Depository, or its nominee, which will act as depository for the Notes. During the term of the Notes, ownership and subsequent transfers of ownership will be reflected by book entry on the records of the Securities Depository and those financial institutions for whom the Securities Depository effects book entry transfers (collectively, the “Participants”). No person for whom a Participant has an interest in Notes (a “Beneficial Owner”) shall receive bond certificates representing their respective interest in the Notes except in the event that the Securities Depository or the District shall determine, at its option, to terminate the book-entry system described in this Section. Payment of principal of, and interest on, the Notes will be made by the Fiscal Agent to the Securities Depository which will in turn remit such payment of principal and interest to its Participants which will in turn remit such principal and interest to the Beneficial Owners of the Notes until and unless the Securities Depository or the District elect to terminate the book entry system, whereupon the District shall deliver bond certificates to the Beneficial Owners of the Notes or their nominees. Note certificates issued under this Section may not be transferred or exchanged except as provided in this Section. (b) Upon the reduction of the principal amount of any maturity of Notes, the Registered Noteowner may make a notation of such redemption on the panel of the Note, stating the amount so redeemed, or may return the Note to the District for exchange for a new Note in a proper principal amount. Such notation, if made by the Noteowner, may be made for reference only, and may not be relied upon by any other person as being in any way determinative of the principal amount of such Note Outstanding, unless the Note 6 Registrar initialed the notation on the panel. (c) Immediately upon delivery of the Notes to the purchasers thereof on the delivery date, such purchasers shall deposit the bond certificates representing all of the Notes with the Securities Depository. The Securities Depository, or its nominee, will be the sole Noteowner of the Notes, and no investor or other party purchasing, selling or otherwise transferring ownership of any Notes will receive, hold or deliver any bond certificates as long as the Securities Depository holds the Notes immobilized from circulation. (d) The Notes may not be transferred or exchanged except: (1) To any successor of the Securities Depository (or its nominee) or any substitute depository (“Substitute Depository”) designated pursuant to (ii) below, provided that any successor of the Securities Depository or any Substitute Depository must be a qualified and registered “clearing agency” as provided in Section 17A of the Securities Exchange Act of 1934, as amended; (2) To a Substitute Depository designated by or acceptable to the District upon (a) the determination by the Securities Depository that the Notes shall no longer be eligible for depository services or (b) a determination by the District that the Securities Depository is no longer able to carry out its functions, provided that any such Substitute Depository must be qualified to act as such, as provided in subparagraph (1) above; or (3) To those persons to whom transfer is requested in written transfer instructions in the event that: (i) The Securities Depository shall resign or discontinue its services for the Notes and, only if the District is unable to locate a qualified successor within two months following the resignation or determination of noneligibility, or (ii) Upon a determination by the District that the continuation of the book entry system described herein, which precludes the issuance of certificates to any Noteowner other than the Securities Depository (or its nominee) is no longer in the best interest of the Beneficial Owners of the Notes. (e) The Depository Trust Company, New York, New York, is hereby appointed the Securities Depository for the Notes. Section 12. Undertaking to Provide Continuing Disclosure. The Chairperson and the Secretary of the District are hereby authorized and directed to execute on behalf of the District, the Continuing Disclosure Agreement in connection with the Notes for the purpose of complying with the requirements of Rule 15c2-12 promulgated by the Securities and 7 Exchange Commission under the Securities Exchange Act of 1934, as amended. Section 13. Compliance with Federal Tax Laws. (a) The District represents and covenants that the project financed by the Notes and their ownership, management and use will not cause the Notes to be “private activity bonds” within the meaning of Section 141 of the Code, and the District shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Notes. (b) The District also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Notes, provided that in meeting such requirements the District will do so only to the extent consistent with the proceedings authorizing the Notes and the laws of Wisconsin, and to the extent there is a reasonable period of time in which to comply. Section 14. Rebate Fund. If necessary, the District shall establish and maintain, so long as the Notes are outstanding, a separate account to be known as the “Rebate Fund” for the purpose of complying with the rebate requirements of Section 148(f) of the Code. The Rebate Fund is for the sole purpose of paying rebate to the United States of America, if any, on amounts of bond proceeds held by the District. The District hereby covenants and agrees that it shall pay from the Rebate Fund the rebate amounts as determined herein to the United States of America. The District may engage the services of accountants, attorneys, or other consultants necessary to assist it in determining rebate amounts. Amounts held in the Rebate Fund and the investment income therefrom are not pledged as security for the Notes and may only be used to pay amounts to the United States. The District shall maintain or cause to be maintained records of such determinations until six (6) years after payment in full of the Notes and shall make such records available upon reasonable request therefor. Section 15. Defeasance. When all Notes have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease. The District may discharge all Notes due on any date by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest of the U.S. Government, or of a commission, board or other instrumentality of the U.S. Government (“Government Obligations”), or of securities wholly and irrevocably secured as to principal and interest by Government Obligations and rated in the highest rating category of a nationally recognized rating service, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Note to its maturity or, at the District's option, if said Note is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Note at maturity, or at the District's option, if said Note is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Notes on such date has been duly given or provided for. 8 Section 16. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the District and the owner or owners of the Notes, and after issuance of any of the Notes no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 18, until all of the Notes have been paid in full as to both principal and interest. The owner or owners of any of the Notes shall have the right in addition to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner's or owners' rights against the District, the Governing Body thereof, and any and all officers and agents thereof including, but without limitation, the right to require the District, its Governing Body and any other authorized body, to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements contained in this Resolution. Section 17. General Authorizations. The Chairperson and the Secretary of the District and the appropriate deputies and officials of the District in accordance with their assigned responsibilities are hereby each authorized to execute, deliver, publish, file and record such other documents, instruments, notices and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution and to comply with and perform the obligations of the District under the Notes. The execution or written approval of any document by the Chairperson or Secretary of the District herein authorized shall be conclusive evidence of the approval by the District of such document in accordance with the terms hereof. In the event that said officers shall be unable by reason of death, disability, absence or vacancy of office to perform in timely fashion any of the duties specified herein (such as the execution of Notes), such duties shall be performed by the officer or official succeeding to such duties in accordance with law and the rules of the District. Any actions taken by the Chairperson and Secretary consistent with this Resolution are hereby ratified and confirmed. Section 18. Amendment to Resolution. After the issuance of any of the Notes, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Notes have been paid in full as to both principal and interest, or discharged as herein provided, except: (a) the District may, from to time, amend this Resolution without the consent of any of the owners of the Notes, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may be amended, in any respect, with a written consent of the owners of not less than two-thirds (2/3) of the principal amount of the Notes then outstanding; provided, however, that no amendment shall permit any change in the pledge of tax revenues of the District or the maturity of any Note issued hereunder, or a reduction in the rate of interest on any Note, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Notes may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Note to which the change is applicable. 9 Section 19. Illegal or Invalid Provisions. In case any one or more of the provisions of this Resolution or any of the Notes shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Notes. Section 20. Conflicting Resolutions. All ordinances, resolutions, or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed and this Resolution shall be in effect from and after its passage. [SIGNATURE PAGE TO FOLLOW] 10 Adopted: October 27, 2009. Lauren Baker Chairperson of the District Attest: Fred Royal, Jr. Secretary of the District Recorded on October 27, 2009. Fred Royal, Jr. Secretary of the District [Signature Page of Sale Resolution] $1,500,000.00 Milwaukee Area Technical College District, Wisconsin General Obligation Promissory Notes, Series 2009-2010C EXHIBIT A UNITED STATES OF AMERICA STATE OF WISCONSIN MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2009-2010C Number Interest Rate Maturity Date Dated Date Principal Amount R-___ ____% __________ ________, 2009 $_____ CUSIP FOR VALUE RECEIVED, Milwaukee Area Technical College District, Wisconsin, promises to pay to CEDE & CO., or registered assigns, the principal sum of ___________________ ($_________) on the maturity date specified above, together with interest thereon from ____________, 2009 or the most recent payment date to which interest has been paid, unless the date of registration of this Note is after the 15th day of the calendar month immediately preceding an interest payment date, in which case interest will be paid from such interest payment date, at the rate per annum specified above, such interest being payable on June 1 and December 1 of each year, with the first interest on this issue being payable on _________, ________. The Notes of this issue shall not be subject to call and payment prior to maturity. Both principal hereof and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America, and for the prompt payment of this Note with interest thereon as aforesaid, and the levying and collection of taxes sufficient for that purpose, the full faith, credit and resources of the District are hereby irrevocably pledged. The principal of this Note shall be payable only upon presentation and surrender of this Note to the District Treasurer at the principal office of the District. Interest hereon shall be payable by check or draft dated as of the applicable interest payment date and mailed from the office of the District Treasurer to the person in whose name this Note is registered at the close of business on the fifteenth day of the calendar month next preceding each interest payment date. This Note is transferable only upon the books of the District kept for that purpose by the District Secretary at the principal office of the District, by the registered owner in person or his duly authorized attorney, upon surrender of this Note together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the District Secretary duly executed by the registered owner or his duly authorized attorney. Thereupon a new Note or Notes of the same aggregate principal amount, series and maturity shall be issued A-1 to the transferee in exchange therefor. The District may deem and treat the person in whose name this Note is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. The Notes are issuable solely as negotiable, fully registered Notes without coupons in authorized denominations of $5,000 or any whole multiple thereof. This Note is one of an issue aggregating $1,500,000.00 issued pursuant to the provisions of Section 67.12(12) of the Wisconsin Statutes, for the public purpose of financing $1,500,000.00 building remodeling and improvement projects, consisting of projects included in the District's 2009-2010 building remodeling and improvement program (the public purpose project described above are hereafter referred to as the “Public Purposes”) and is authorized by a resolution of the District Board of the District, duly adopted by said District Board at its meeting duly convened on October 27, 2009, which resolution is recorded in the official book of its minutes for said date. It is hereby certified and recited that all conditions, things and acts required by law to exist or to be done prior to and in connection with the issuance of this Note have been done, have existed and have been performed in due form and time; that the aggregate indebtedness of the District, including this Note and others authorized simultaneously herewith, does not exceed any limitations imposed by law or the Constitution of the State of Wisconsin; and that the District has levied a direct, annual irrepealable tax sufficient to pay this Note, together with interest thereon when and as payable. No delay or omission on the part of the owner hereof to exercise any right hereunder shall impair such right or be considered as a waiver thereof or as a waiver of or acquiescence in any default hereunder. A-2 IN WITNESS WHEREOF, the District Board of Milwaukee Area Technical College District, Wisconsin, has caused this Note to be signed on behalf of said District by its duly qualified and acting Chairperson and Secretary, and its corporate seal to be impressed hereon, all as of the date of original issue specified above. MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN By: Lauren Baker Chairperson of the District Attest: Fred Royal, Jr. Secretary of the District A-3 (Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address, including zip code, of Assignee) (Please print or typewrite Social Security or other identifying number of Assignee) the within Note and all rights thereunder, hereby irrevocably constituting and appointing (Please print or type name of Attorney) Attorney to transfer said Note on the books kept for the registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Note in every particular without alteration or enlargement or any change whatever. Signature(s) guaranteed by: A-4 Attachment FPO – 7 RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000.00 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2009-2010D OF MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN Resolution F0143-10-09 WHEREAS, Milwaukee Area Technical College District (the "District") is presently in need of $1,500,000.00 for the public purpose of financing building remodeling and improvement projects, consisting of projects included in the District's 2009-2010 building remodeling and improvement program; and WHEREAS, it is in the best interest of the District that the monies needed for such purpose be borrowed through the issuance of general obligation promissory notes pursuant to Section 67.12(12), Wis. Stats.; now therefore be it RESOLVED, that the District shall issue general obligation promissory notes in the amount of $1,500,000.00 for the public purpose of financing building remodeling and improvement projects, consisting of the projects included in the District's 2009-2010 building remodeling and improvement program; and be it FURTHER RESOLVED, that the District Secretary shall, within 10 (ten) days hereafter, cause public notice of the adoption of this resolution to be given to the electors of the District by publishing a notice thereof in the Milwaukee Journal Sentinel, a newspaper published and having general circulation in the District, which newspaper is found and determined to be likely to give notice to the electors, such notice to be in substantially the form set forth in Attachment A to this resolution. Adopted: October 27, 2009. Lauren Baker, Chairperson Attest: ________________________________ Fred Royal, Jr., District Secretary Recorded on October 27, 2009. ________________________________ Fred Royal, Jr., District Secretary Attachment A NOTICE TO THE ELECTORS OF: Milwaukee Area Technical College District, Wisconsin NOTICE IS HEREBY GIVEN that the District Board of the above-named District, at a meeting duly called and held on October 27, 2009, adopted, pursuant to the provisions of Section 67.12(12) of the Wisconsin Statutes, a resolution entitled, "RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000.00 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2009-2010D, OF MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN," which provides that the sum of $1,500,000.00 be borrowed through the issuance of the District's general obligation promissory notes for the public purpose of financing building remodeling and improvement projects, consisting of projects included in the District's 2009-2010 building remodeling and improvement program. A copy of said resolution is on file in the District Office, 700 West State Street, Milwaukee, Wisconsin, and is available for public inspection weekdays, except holidays, between the hours of 8:00 A.M. and 4:00 P.M. The District Board need not submit the resolution authorizing this borrowing to the electors for approval unless within 30 days after the publication of this Notice there is filed with the Secretary of the District Board a petition meeting the standards set forth in Sec. 67.12(12), Wis. Stats., requesting a referendum thereon at a special election. Dated: October 27, 2009. BY ORDER OF THE DISTRICT BOARD: Fred Royal, Jr., District Secretary Attachment FPO – 8 Resolution to Approve FY2008-2009 Budget Modification Resolution F0144-10-09 RESOLUTION WHEREAS the Milwaukee Area Technical College District Board has adopted an operating budget for fiscal year 2008-09 reserving the right to adjust, amend, or otherwise change the adopted budget; and WHEREAS certain changes in revenues and expenditures are now anticipated; therefore be it RESOLVED, that the Milwaukee Area Technical College District Board adopt the proposed fiscal year 2008-09 budget as adjusted, amended, and revised from the FY2008-09 Activity Plan and Budget reserving the right to further adjust, amend, or otherwise change the adopted budget. Attachment FPO – 9 Resolution to Approve FY2009-2010 Budget Modification Resolution F0145-10-09 RESOLUTION WHEREAS the Milwaukee Area Technical College District Board has adopted an operating budget for fiscal year 2009-10 reserving the right to adjust, amend, or otherwise change the adopted budget; and WHEREAS certain changes in revenues and expenditures are now anticipated; therefore be it RESOLVED, that the Milwaukee Area Technical College District Board adopt the proposed fiscal year 2009-10 budget as adjusted, amended, and revised from the FY2009-10 Activity Plan and Budget reserving the right to further adjust, amend, or otherwise change the adopted budget. Attachment FPO - 10 RESOLUTION TO ESTABLISH FISCAL YEAR 2009-10 TAX LEVY Resolution F0146-10-09 BACKGROUND Wisconsin Statutes require that the board establish the tax levy for the purpose of financing the fiscal year 2009-2010 budget by October 31, 2009. The total tax levy for the district is calculated by adding the debt service levy of $ 31,941,259 to the operational levy of $ 116,660,115. The total tax levy of $ 148,601,374 is apportioned based on the percentage of the equalized value of each municipality to total District equalized property valuation. The fiscal year 2009-2010 equalized property valuation for the MATC District as certified by the Department of Revenue, excluding Tax Increment Districts, is $ 77,773,409,837. The fiscal year 2009-2010 valuation is $ 2,677,462 below last year's valuation, or a decrease of 2.24 percent. Wisconsin Act 237 exempted business computers from being subject to property taxes beginning with the 1999 property tax levy, collected in 2000. The Act also provides for a state aid payment to offset the loss of this taxable property. The valuation of exempt computers for the MATC District is $ 733,850,900 which will result in a state aid payment of $ 1,402,166 to offset the loss of this taxable property. This payment will be apportioned $ 1,100,776 to operating revenue and $ 301,390 to debt service revenue. A comparative chart of the tax levy rates is shown below which incorporates the October 2009 budget revisions. Actual October 2008-09 Adopted June 2009-10 Operating Rate 1.500000 1.500000 Debt Service Rate 0.335340 0.420400 Total Rate 1.835340 1.920400 Proposed October 2009-10 1.500000 0.410696 1.910696 October vs. June Change FY09 FY09 vs. FY10 vs. FY10 Change % Change +0.000000 +0.000000 +0.00% +0.085060 +0.143467 +22.47% +0.085060 +0.143467 +4.11% RESOLUTION WHEREAS the Milwaukee Area Technical College District Board on June 23, 2009, had adopted a budget for fiscal year 2009-10, reserving the right to adjust, amend, or otherwise change, the adopted budget; and WHEREAS there were adjustments, amendments, and changes to the fiscal year 2009-10 budget originally adopted on June 23, 2009, relative to revenue, expenditures, transfers and other sources; and WHEREAS the FY 2009-10 budget, which was adopted on June 23, 2009, result in a total local tax levy of $145,922,597 for fiscal year 2009-10; and WHEREAS these adjustments, amendments, and changes to the fiscal year 2009-10, which were adopted on October 27, 2009, result in a total local tax levy of $146,016,919 for the fiscal year 2009-10; and WHEREAS the fiscal year 2009-10 total tax rate of 1.910696 represents a increase of 4.11 percent relative to the fiscal year 2008-09 total tax rate of 1.835340; therefore be it RESOLVED, that the Milwaukee Area Technical College District Board authorize a total tax levy of One-hundred forty-six Million, Sixteen Thousand, Nine Hundred nineteen Dollars ($146,016,919) on the full value of taxable property of the district for debt service and for the purpose of making capital improvements, acquiring equipment, and operating and maintaining the schools of the District for the year beginning July 1, 2009; and be it RESOLVED further, that the Milwaukee Area Technical College District Board pursuant to Section 38.16 of the Wisconsin Statutes, authorize the aforementioned amount of levy be spread proportionately on the tax rolls for collection in each city, village, and town within the District, and that the respective clerks be informed of this action. MILWAUKEE AREA TECHNICAL COLLEGE BUDGET 2008-2009 ASSUMPTIONS EQUALIZED VALUE ACTUAL 2008-2009 Milwaukee County Bayside Brown Deer Fox Point Greendale Hales Corners River Hills Shorewood West Milwaukee Whitefish Bay Cudahy Franklin Glendale Greenfield Milwaukee Oak Creek St. Francis South Milwaukee Wauwatosa West Allis Milwaukee New Berlin Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ MILWAUKEE COUNTY OZAUKEE COUNTY WASHINGTON COUNTY WAUKESHA COUNTY $ $ $ $ 637,170,200 1,110,473,800 1,164,988,100 1,401,297,600 676,336,500 512,065,200 1,440,220,800 322,407,600 2,034,421,600 1,071,604,200 3,673,438,400 1,911,900,700 3,177,032,200 31,045,313,100 3,344,866,200 675,238,400 1,319,243,100 5,372,543,900 4,381,356,900 122,888,102 859,565,600 114,030,911 605,534,500 200,043,700 226,135,300 24,587,700 167,184,700 1,115,528,000 6,044,000 427,832,800 300,282,500 1,198,113,200 4,486,230,800 933,154,400 22,306,700 197,115,213 71,065,384 582,226,835 2,290,685,350 18,951,900 316,958,578 79,558,384,673 1.20% 65,271,918,500 10,787,156,213 3,163,399,482 335,910,478 TOTAL $ 79,558,384,673 Belgium Cedarburg Fredonia Grafton Port Washington Saukville Bayside Fredonia Grafton Newburg Saukville Thiensville Cedarburg Mequon Port Washington Germantown Jackson Polk Richfield Germantown Milwaukee Prepared by: Michael Sargent Date Prepared: 10/16/2009 2009-2010 % change % total FY 08-09 TAX MILL RATE $'S FY 09-10 TAX MILL RATE $'S CHANGE IN TAX $'S % $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 639,695,300 1,085,019,600 1,134,731,000 1,381,185,600 666,131,700 525,309,500 1,479,416,200 312,617,300 2,035,197,900 1,060,179,000 3,580,933,800 1,929,232,300 3,087,594,000 29,976,202,500 3,242,787,000 640,406,700 1,330,656,400 5,324,737,600 4,247,438,000 0.3960% -2.2920% -2.5970% -1.4350% -1.5090% 2.5860% 2.7210% -3.0370% 0.0380% -1.0660% -2.5180% 0.9070% -2.8150% -3.4440% -3.0520% -5.1580% 0.8650% -0.8900% -3.0570% 0.822512% 1.395104% 1.459022% 1.775910% 0.856503% 0.675436% 1.902213% 0.401959% 2.616830% 1.363164% 4.604316% 2.480581% 3.969987% 38.542996% 4.169532% 0.823426% 1.710940% 6.846476% 5.461298% 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,169,426 2,038,100 2,138,153 2,571,862 1,241,309 939,815 2,643,299 591,729 3,733,861 1,966,761 6,742,019 3,508,994 5,830,944 56,978,798 6,138,977 1,239,294 2,421,264 9,860,461 8,041,293 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,222,263 2,073,143 2,168,126 2,639,026 1,272,775 1,003,707 2,826,715 597,317 3,888,644 2,025,680 6,842,076 3,686,176 5,899,454 57,275,410 6,195,980 1,223,623 2,542,480 10,173,955 8,115,563 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 52,837 35,043 29,973 67,164 31,466 63,892 183,416 5,588 154,783 58,919 100,057 177,182 68,510 296,612 57,003 (15,671) 121,216 313,494 74,270 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 131,035,545 820,189,700 114,194,952 556,038,000 207,445,500 240,829,100 25,660,200 166,890,500 1,114,881,000 6,150,600 418,868,500 295,423,200 1,204,531,600 4,353,077,400 924,165,200 6.6300% -4.5810% 0.1440% -8.1740% 3.7000% 6.4980% 4.3620% -0.1760% -0.0580% 1.7640% -2.0950% -1.6180% 0.5360% -2.9680% -0.9630% 0.168484% 1.054589% 0.146830% 0.714946% 0.266731% 0.309655% 0.032994% 0.214586% 1.433499% 0.007908% 0.538575% 0.379851% 1.548770% 5.597128% 1.188279% 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 225,542 1,577,598 209,286 1,111,364 367,149 415,036 45,127 306,841 2,047,377 11,093 785,220 551,121 2,198,949 8,233,772 1,712,658 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 250,369 1,567,133 218,192 1,062,420 396,365 460,151 49,029 318,877 2,130,199 11,752 800,330 564,464 2,301,494 8,317,408 1,765,799 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 24,827 11.0077% (10,465) -0.6634% 8,906 4.2554% (48,944) -4.4040% 29,216 7.9575% 45,115 10.8701% 3,902 8.6467% 12,036 3.9226% 82,822 4.0453% 659 5.9407% 15,110 1.9243% 13,343 2.4211% 102,545 4.6634% 83,636 1.0158% 53,141 3.1028% $ $ $ $ $ $ 24,494,700 9.8090% 198,482,637 0.6940% 60,212,643 -15.2710% 589,711,688 1.2860% 2,302,457,650 0.5140% 2,144,400 0.031495% 0.255206% 0.077421% 0.758243% 2.960469% 0.002757% 1.835343 1.835343 1.835343 1.835343 1.835343 1.835343 $ $ $ $ $ $ 40,940 361,774 130,429 1,068,586 4,204,193 - 1.910696 1.910696 1.910696 1.910696 1.910696 1.910696 $ $ $ $ $ $ 46,802 379,240 115,048 1,126,760 4,399,297 4,097 $ $ $ $ $ $ 5,862 14.3185% 17,466 4.8279% (15,381) -11.7926% 58,174 5.4440% 195,104 4.6407% 4,097 1.910696 $ 1.910696 $ 1.910696 $ 34,438 609,570 148,601,343 $ (345) $ 27,842 $ 2,584,419 -0.9919% 4.7861% 1.7699% 1.5658% 2.1004% 4.5699% 4.4601% $ $ $ $ $ $ $ 18,023,600 319,030,122 77,773,409,837 -2.24% 63,679,471,400 10,579,380,997 3,177,503,718 337,053,722 $ 77,773,409,837 -4.8980% 0.023175% 1.835343 $ 34,783 0.6540% 0.410205% 1.835343 $ 581,728 -2.2440% 100.000000% 1.835343 $ 146,016,924 81.878204% 13.602825% 4.085591% 0.433379% $ 119,796,359 $ 19,798,133 $ 5,805,922 $ 616,511 $ $ $ $ 121,672,113 20,213,982 6,071,244 644,008 $ 1,875,754 $ 415,849 $ 265,322 $ 27,497 99.999999% $ 146,016,925 $ 148,601,347 $ 2,584,422 4.5182% 1.7194% 1.4018% 2.6115% 2.5349% 6.7984% 6.9389% 0.9444% 4.1454% 2.9957% 1.4841% 5.0494% 1.1749% 0.5206% 0.9285% -1.2645% 5.0063% 3.1793% 0.9236% Page 1 of 1 File: 1 MILWAUKEE AREA TECHNICAL COLLEGE ANALYSIS OF TAX LEVY AS APPROVED IN JUNE VERSUS AS PROPOSED OCTOBER AS BUDGETED June 23, 2009 AS PROPOSED October 21, 2009 NET CHANGE FUND 1 OPERATING LEVY FUND 1 AID IN LIEU OF COMPUTERS TOTAL OPERTING BUDGET $ 113,967,386 $ 1,072,500 $ 115,039,886 $ $ $ 116,660,115 1,100,776 117,760,891 $ $ $ 2,692,729 28,276 2,721,005 FUND 4 DEBT SERVICE LEVY FUND 4 AID IN LIEU OF COMPUTERS TOTAL DEBT SERVICE FUND $ $ $ 31,941,259 248,105 32,189,364 $ $ $ 31,941,259 301,390 32,242,649 $ $ $ 53,285 53,285 FUND 5 DEBT SERVICE PTV FUND 5 AID IN LIEU OF COMPUTERS TOTAL DEBT SERVICE FUND 5 $ $ $ 3,655,300 3,655,300 $ 3,655,300 $ - $ 3,655,300 $ - MILWAUKEE AREA TECHNICAL COLLEGE PROPERTY TAX PLANNING FY 09-10 TAX LEVY FORECAST BASED ON EQUALIZED PROPERTY VALUE GROWTH FISCAL YEAR 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 EQUALIZED VALUE GROWTH RATE 9.74% 11.63% 4.90% 1.20% 1.00% $ $ $ $ $ $ EQUALIZED VALUE 61,171,153,000 67,131,350,550 74,941,046,380 78,612,262,414 79,558,384,673 77,773,409,837 OPERATING MILL RATE 1.500000 1.480360 1.400070 1.435137 1.500000 1.500000 OPERATING REVENUE LEVY $ 91,756,730 $ 99,378,566 $ 104,922,711 $ 112,819,366 $ 119,337,577 $ 116,660,115 OPERATING REVENUE INCREASE $ 7,621,836 $ 5,544,145 $ 7,896,655 $ 6,518,211 $ (2,677,462) DEBT SERVICE MILL RATE 0.439000 0.403550 0.370290 0.336930 0.335343 0.410696 DEBT SERVICE LEVY $ 26,854,136 $ 27,090,857 $ 27,749,920 $ 26,486,830 $ 26,679,342 $ 31,941,259 TOTAL LEVY $ 118,610,866 $ 126,469,423 $ 132,672,631 $ 139,306,196 $ 146,016,919 $ 148,601,374 LEVY INCREASE $ $ $ $ $ TAX ON $ 100,000 HOME TAX ON $ 100,000 HOME INCREASE 7,858,557 6,203,208 6,633,565 6,710,723 2,584,455 LEVY INCREASE % 6.63% 4.90% 5.00% 4.82% 1.77% TOTAL MILL RATE 1.939000 1.883910 1.770360 1.772067 1.835343 1.910696 FY 08-09 AC $ FY 09-10 BU $ $ 183.53 191.07 7.54 97,400 FY 08-09 AC $ 96,900 FY 09-10 BU $ $ 178.76 185.15 6.39 OZAUKEE COUNTY MEDIAN PRICED HOME FY 08- $ 175,200.00 FY 08-09 AC $ OZAUKEE COUNTY MEDIAN PRICED HOME FY 08- $ 169,200.00 FY 09-10 BU $ $ 321.55 323.29 1.74 MILWAUKEE COUNTY MEDIAN PRICED HOME FY $ MILWAUKEE COUNTY MEDIAN PRICED HOME FY $ INCREASE Attachment 2 Attachment FPO - 11 MILWAUKEE AREA TECHNICAL COLLEGE BUDGET VARIANCE REPORT THREE (3) MONTHS YEAT-TO-DATE ENDED SEPTEMBER 30, 2009 FY 2009-2010 REVENUE – Tax collections exceed budget $ 30K. Equalized values were reported on October 1. That report from the Wisconsin Department Revenue shows a 2.24% decline in values as compared to a budgeted 4.5% decline. State Aid payments exceed budget $ 238K year to date. This does not include the recently reported increase of $ 500K in our State Aid, which will be reflected in subsequent months. Increased enrollments have brought student tuition and fees to exceed budget $ 2.7M year to date. Other Revenues are below budget $ 500K year to date as the economy has slowed other service activities. EXPENSES (Operating Fund 1) SALARIES Salaries are $ 1.6M under budget year to date. Most wage and salary lines are below budget as positions are being temporarily held open when there is employee turnover. FRINGE BENEFITS Fringe benefits are $ 918K under budget year to date. Costs incurred with in the PPO continue to exceed planned levels. OTHER EXPENSES Other expenses were over budget $ 95K year to date. MATC Administration has requests that encumbrances be limited to Fall Semester requirement only. This has aided in controlling spending. LABOR COST SAVING MONITORING Year to date saving associated with position control equals $ 721K. Targeted savings were $ 2,500,000, so currently position control is $ 1.76 million short of the target. SUMMARY The forecast indicates that revenue will exceed expenses for the fiscal year. Administration continues to monitor expenditures and will make necessary adjustments to preserve desired reserves. The demand from enterprise activities also has an impact on the reserve levels. Any shortfall of enterprise operations requires an allocation of General Fund Reserves to balance the Enterprise budget. ENTERPRISE FUNDS (Fund 5) Bookstores reflect results slightly poorer than had been budgeted. The food service is operating better than budgeted year to date. The focus on the grab and go at the downtown campus has improved the overall operating results. Child Care continues to operate better than planned in part due to more students using the centers for practicum. There are student wait lists at several of the centers as demand has increased. Scheduling of work force to better match the student load has also assisted in reducing cost. The MEC Centers continue to work with its clients to insure that clients are successful and are paying their rent. The number of delinquent tenants continues to drop as they are departing the center and or staying current in their rent. Currently less than six (6) tenants are delinquent in payment. Public Television is operating at a level better than had been budgeted. BALANCE SHEET (Fund1 and Fund 5) The increased revenue from tuition and fees, especially financial aid deferrals has caused the Account Receivable from Students to exceed budget. The receivable growing to $2.27M in excess of budget is cause for serious concern and will continue to be monitored. Inventories are down $41K overall compared to last year. CAPITAL EXPENDITURES (Fund 3) Capital equipment and construction expenditures of $13,132,772 have been encumbered year to date compared to the total budget of $ 51,280,997. The capital budget consists of $ 32.0 Million for Capital Equipment project, $ 10.0 Million for Construction, and renovation projects and $ 9.1 Million for projects carrying over from last Fiscal Year. Attachment FPO-13 Budget Development Calendar FY2010-2011 January 25March 5 - Operating budget request review with Deans, Vice Presidents, Mike Sargent, and Jason Nygard. February 2 - Presidents Executive - Discussion of preliminary approved Capital equipment and construction projects. February 3 - MATC Budget Committee - Discussion of preliminary approved Capital equipment and construction projects. February 4 - Sustainability Core Committee - Discussion of preliminary approved Capital equipment and construction projects. February 15 - PTV - Discussion of preliminary approved Capital equipment and construction projects. Action item - Approval of detailed budget planning assumptions. February 17 - FPO - Discussion of preliminary approved Capital equipment and construction projects. Action item - Approval of detailed budget planning assumptions. - ESIR - Discussion of preliminary approved Capital equipment and construction projects. Action item - Approval of detailed budget planning assumptions. February 25 - MATC Budget Committee - Discuss preliminary FY10 budget summary . March 2 - Presidents Executive Cabinet - Discuss preliminary FY10 budget summary. March 15 - PTV – Discussion of preliminary FY10 budget summary. March 17 - FPO – Discussion of preliminary FY10 budget summary. - ESIR – Discussion of preliminary FY10 budget summary. April 8 - MATC Budget Committee - Discussion item, review preliminary FY10 budget summary . April 13 - Presidents Executive Cabinet - Discussion item, review preliminary FY10 budget summary . April 19 - PTV – Discussion of preliminary FY10 budget summary. April 21 - FPO – Discussion of preliminary FY10 budget summary. April 27 - MATC Board monthly meeting - Discussion item, preliminary FY10 budget summary May 17 - PTV - Action item, preliminary approval of Activity Plan and Budget. May 19 - FPO - Action item, preliminary approval of Activity Plan and Budget. May 25 - MATC Board monthly meeting - Action item, preliminary approval to publish Activity Plan and Budget. May 26 - Public Hearing Notice posted regarding MATC budget. June 14 - PTV - Action item, final approval of Activity Plan and Budget. June 15 - MATC Board - Public Hearing on proposed budget. June 16 - FPO - Action item, final approval of Activity Plan and Budget. June 22 - MATC Board - Approval of Activity Plan and Budget. October - MATC Board - Action item, approve FY 2009-10 Tax Levies and Mill Rates - FPO – Annual budget modification * Capital Equipment includes Audio Visual equipment, IT equipment, Furniture, and Departmental Equipment. Attachment FPO - 14 MILWAUKEE AREA TECHNICAL COLLEGE SUSTAINABLE INITIATIVES SEPTEMBER AND OCTOBER 2009 1. Green Mountain Technologies Earth Tub for demonstration unit for urban composting for the Downtown campus was delivered to MATC. The Earth Tub is being installed and is expected to be in service in November 2009 2. Selected small commercial demonstration grade worm composting equipment for use in the Milwaukee Campus Composting Center. 3. Continued developing plans to replace normal roof membrane with photovoltaic membrane for roofing projects scheduled for the summer of 2009. 4. Continued work on the Bio Diesel Factory on the Mequon campus.. 5. Completed roll out of Fat Spaniel web base reporting for the Oak Creek ground and Mequon based Photovoltaic Cells. 6. Continued work on the MATC Sustainable Web Site. 7. Continued to develop engineering plan for Photovoltaic Farm. 8. Continued dialog with We Energies regarding the Photovoltaic Farm 9. Working with UW-M, Marquette University, MSOE and Concordia University to regarding the Photovoltaic Farm and it’s use as a regional solar training center 10. Continued developing plans to modify lighting systems to take advantage of natural light and to reduce electric bill 11. Obtained WIDS course data for Solar Photovoltaic training. 12. Continued planning for the 2010 Green Energy Summit 13. Reviewed proposal form small wind unit for the Oak Creek Campus 14. Planned for purchase of Geothermal equipment for the Oak Creek Campus 15. Received proposal for sustainable correction of a thermal issue at the IT back up site in Oak Creek 16. Ordered the dual fuel transit vans for the downtown campus 17. Completed another Eco Driving class. GRANT AWARD LOG Query Attachment FPO - 15 Board Report Summary Milwaukee Area Technical College Department of Grants and Development Governmental Grant Funds SUMMARY Fiscal Year: 2009-2010 Special Rev Funds External Funds MATC Match Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 2008-2009 carried forward to 2009-2010 FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 ADULT EDUCATION & FAMILY LITERACY ACT $0 $714,260 $0 $976,580 $976,580 $1,690,840 $976,580 $976,580 $0 $3,576,703 $0 $2,436,269 $1,319,019 $4,895,722 $584,321 $889,397 $0 $196,993 $21,994 $1,199,869 $1,132,558 $1,418,856 $7,259 $1,076,084 $1,083,343 $0 $126,392 $0 $591,567 $481,567 $617,959 $115,236 $52,016 $118,151 $376,098 $366,098 $546,265 $289,504 $2,252,128 $1,863,928 $3,652,128 $7,832,511 $6,139,750 $12,821,770 FEDERAL GRANTS $305,076 $124,545 GENERAL PURPOSE REVENUE MISCELLANEOUS $382,514 $497,750 STATE - OTHER $0 $289,504 CARL PERKINS ADULT EDUCATION ACT Grand Totals: $1,400,000 $0 $1,400,000 $4,666,364 * Total Project Cost based on PROJECTED grant award amount. $0 $140,145 Friday, October 16, 2009 $1,863,928 $717,075 $4,883,427 $1,863,928 $5,600,502 $124,545 Page 1 of 1 GRANT AWARD LOG Query Milwaukee Area Technical College Board Report Department of Grants and Development Governmental Grant Funds Requested/Awarded, with Carry-Over Detail Fiscal Year: 2009-2010 Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 ADULT EDUCATION AND FAMILY LITERACY ACT 8/7/2009 Adult Basic Adult Basic Education Education Comprehensive Program Comprehensive Services $0 $684,200 $0 $868,900 8/7/2009 Institutionalized Milwaukee County Individuals Correctional Institutions $0 $30,060 $0 $90,180 $90,180 8/7/2009 Integrated English Literacy & Civics Education $0 $0 $0 $17,500 $17,500 $0 $976,580 $976,580 $1,690,840 Integrated English Literacy and Civics Education Category Total $0 * Total Project Cost based on PROJECTED grant award amount. $714,260 $868,900 $1,553,100 Friday, October 16, 2009 $868,900 $868,900 $120,240 $90,180 $90,180 $17,500 $17,500 $17,500 $976,580 $976,580 Page 1 of 9 Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 FEDERAL GRANTS U.S. Dept. of Labor 2/11/2007 WISTECH Community Based Job Training WISTECH - Community Based Job Training Sub-Total $0 $0 $0 $0 $0 $610,152 $610,152 $0 $610,152 $610,152 $610,152 X $610,152 $305,076 $305,076 $305,076 $305,076 U.S. Dept. of Education 6/30/2009 High School Equivalency Program (HEP) CFDA 84.141A MATC High School Equivalency Program (HEP) $0 $0 $0 $385,686 $385,686 $385,686 X $385,686 $385,686 7/27/2009 Child Care Access Means Parents in School Child Care Access Means Parents in School $0 $0 $0 $148,181 $148,181 $148,181 X $111,135 $111,135 $37,045 Pathways to Construction Trades (PaCT Project) $0 $0 $0 $350,000 $175,000 $175,000 X $87,500 $87,500 $87,500 $0 $883,867 $708,867 $584,321 $584,321 $124,545 FIPSE Special Focus Competition Sub-Total $0 * Total Project Cost based on PROJECTED grant award amount. $0 Friday, October 16, 2009 $708,867 Page 2 of 9 Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost ARRA - Solar Market Transformation Urban Solar Regional Learning Center $0 $3,391,062 $0 $800,000 $0 $3,391,062 National Leadership Grant Bridging the Information Divide Literacy Project for Milwaukee CBOs $0 $185,641 $0 $142,250 $0 $3,576,703 $0 $942,250 $0 $0 $2,436,269 Sub-Total $0 Category Total $0 $3,576,703 $1,319,019 Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 $0 $0 $0 $185,641 $0 $0 $0 $3,576,703 $0 $0 $4,895,722 X $305,076 $584,321 $889,397 $0 $124,545 GENERAL PURPOSE REVENUE Displaced Homemakers MATC ACCESS for Displaced Homemakers Project $0 $19,828 $0 $67,311 8/26/2009 Transition Services for Indivs with Disabilities Transition for College Success $0 $7,879 $0 $23,637 $23,637 $31,516 $23,637 $23,637 8/20/2009 Faculty Development Teaching and Learning with Technology VII $0 $70,096 $0 $70,096 $70,096 $140,192 $70,096 $70,096 * Total Project Cost based on PROJECTED grant award amount. $87,139 * Friday, October 16, 2009 Page 3 of 9 Award Date RFP Title 8/26/2009 Adult LiteracyIncentive Grant Project Title ABE/ELL Career Pathways II Sub-Total Special Rev Funds $0 $0 MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost $28,638 $7,146 $0 $21,492 $21,492 $104,949 $0 $182,536 $115,225 Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant $287,485 FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 $21,492 $21,492 $115,225 $115,225 $624,300 $624,300 $624,300 $624,300 $82,000 $82,000 $82,000 $82,000 FY 20092010 Grant Funds to be carried forward to 2010-2011 GPR Incentive Grants-Basic Skills 8/26/2009 Basic Skills Alternative Basic Targeted Funds Education, ESL & Family Literacy Program Sub-Total $0 $0 $0 $0 $0 $624,300 $624,300 $0 $624,300 $624,300 $624,300 $624,300 GPR Minority Participation and Retention 9/3/2009 Minority Participation & Retention MATC Minority Student Retention Project Sub-Total $0 $0 $27,333 $27,333 $0 $82,000 $82,000 $0 $82,000 $82,000 $109,333 $109,333 GPR Incentive Grants-New and Expanding Occupations 8/26/2009 New and Expanding Occupations Baking and Pastry Arts (10-314-X) $0 $48,326 $0 $144,978 $144,978 $193,304 $144,978 $144,978 8/26/2009 New and Expanding Occupations Annual Statewide Nursing Faculty Meeting $0 $0 $0 $18,592 $18,592 $18,592 $18,592 $18,592 * Total Project Cost based on PROJECTED grant award amount. Friday, October 16, 2009 Page 4 of 9 Award Date RFP Title 8/26/2009 New and Expanding Occupations Project Title Pre-Health Academy for Nursing Programs Sub-Total Special Rev Funds $0 $0 MATC Match Funds $16,385 $64,711 External Funds Projected Grant Amount Grant Award Total Project Cost $65,542 $0 $49,157 $49,157 $0 $212,727 $212,727 Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant $277,438 FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 $49,157 $49,157 $212,727 $212,727 4/2/2009 Workforce Advancement Training Grant Welding Training for KMC Stampings $0 $0 $4,720 $33,573 $33,573 $38,293 X $5,595 $5,595 5/1/2009 Workforce Advancement Training Grant Hall Steel Welding $0 $0 $0 $12,910 $12,910 $12,910 X $0 $0 Computer Training for MEC Midwest $0 $0 $1,455 $4,366 $4,366 $5,821 X $727 $727 6/4/2009 Workforce Computer Training for Advancement KMC Stampings Training Grants $0 $0 $1,875 $5,625 $5,625 $7,500 X $937 $937 $0 $0 $2,641 $7,922 $7,922 $10,563 5/26/2009 Workforce Advancement Training Grans 8/13/2009 Workforce Advancement Training Grant Contemporary Diabetes Care Consortium Project for Extendicare * Total Project Cost based on PROJECTED grant award amount. Friday, October 16, 2009 $7,922 FY 20092010 Grant Funds to be carried forward to 2010-2011 $7,922 Page 5 of 9 External Funds Special Rev Funds MATC Match Funds 9/30/2009 Workforce Machining Skills Training Advancement at Columbia Grinding Training Grants $0 $0 $2,701 9/30/2009 Workforce Technical Skills Training Advancement for Milwaukee Cylinder Training Grants $0 $0 Award Date RFP Title Project Title Sub-Total $0 Category Total $0 $0 $196,993 FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 Grant Award Total Project Cost $8,104 $8,104 $10,805 $8,104 $8,104 $8,602 $25,806 $25,806 $34,408 $25,806 $25,806 $21,994 $98,306 $98,306 $120,300 $7,259 $41,832 $49,091 $1,418,856 $7,259 $21,994 Projected Grant Amount Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant $1,199,869 $1,132,558 $1,076,084 FY 20092010 Grant Funds to be carried forward to 2010-2011 $1,083,343 MISCELLANEOUS 6/17/2009 HUD - ROSSNN and RSDM 10/15/2008 Gear Up 6/22/2009 NSF Math and Science Partnership Grant Hillside Learning Lab $0 $0 $0 $85,000 $85,000 $85,000 X $42,500 $42,500 UW-Milwaukee Gear Up $0 $106,392 $0 $206,392 $106,392 $212,784 X $17,732 $17,732 Math and Science Partnership Project $0 $0 $0 $25,008 $25,008 $25,008 $12,504 $12,504 * Total Project Cost based on PROJECTED grant award amount. Friday, October 16, 2009 Page 6 of 9 Special Rev Funds MATC Match Funds External Funds $0 $0 $0 8/11/2009 Green Green Manufacturing Manufacturing - Sector Strategies CFDA 17.260 Welding Training $0 $0 6/10/2009 Healthier Wisconsin Partnership Program A Faith Community Gym: Guiding Youth Movement for Sustained, Healthy Futures $0 Accent on Student Success: Engaged Together in Service (ASSETS) Award Date RFP Title 4/6/2009 MATC/Hillside Learning Lab Learn and Serve America Project Title MATC/Hillside Learning Lab 8/12/2009 Institutionalized Milwaukee County Individuals Correctional Institutions MPTC Program MATC/MPTC Program of Study Project of Study Project Category Total FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 Grant Award Total Project Cost $85,000 $85,000 $85,000 $0 $113,184 $113,184 $113,184 $113,184 $113,184 $0 $0 $40,000 $40,000 $40,000 $40,000 $40,000 $0 $20,000 $0 $10,000 $0 $0 $0 $22,483 $22,483 $22,483 $224,830 $224,830 $0 $0 $0 $4,500 $4,500 $4,500 $4,500 $4,500 $0 $591,567 $481,567 $617,959 $0 * Total Project Cost based on PROJECTED grant award amount. $126,392 Projected Grant Amount Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant X $42,500 FY 20092010 Grant Funds to be carried forward to 2010-2011 $42,500 $30,000 * X Friday, October 16, 2009 $115,236 $382,514 $497,750 Page 7 of 9 Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 STATE - OTHER 4/27/2009 Basic Rider Motorcycle Course MATC Basic Rider Course $0 $0 $118,151 $46,729 $46,729 $164,880 X $23,364 $23,364 5/1/2009 FSET MATC Foodshare Employment & Training (FSET) Program (5/1/0910/31/09) (50%) $0 $38,716 $0 $38,716 $38,716 $77,432 X $32,263 $32,263 5/1/2009 FSET MATC Foodshare Employment & Training (FSET) Program (5/1/0910/31/09) (Core) $0 $0 $0 $280,653 $280,653 $280,653 X $233,877 $233,877 Feasibility Study Technology Transfer Small Business Incubabor $0 $13,300 $0 $10,000 Community Economic Development Program Grant Category Total $0 * Total Project Cost based on PROJECTED grant award amount. $52,016 $118,151 $376,098 $23,300 * $366,098 Friday, October 16, 2009 $546,265 $289,504 $289,504 Page 8 of 9 Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 CARL PERKINS ADULT EDUCATION ACT 9/11/2009 Student Success Student Success $1,400,000 $0 $0 $1,455,800 9/11/2009 Tech Prep MATC Tech Prep Career Pathways Project $0 $0 $0 $173,528 MATC Stengthening CTE Programs Project $0 $0 $0 $388,200 9/11/2009 Nontraditional Occupations Milwaukee Area Technical College NTO Project $0 $0 $0 $97,100 $97,100 10/5/2009 Reserve Funds MATC Program of Study Project $0 $0 $0 $137,500 $137,500 $0 $2,252,128 $1,863,928 Strengthening CTE Programs Category Total Grand Totals: $1,400,000 $1,400,000 * Total Project Cost based on PROJECTED grant award amount. $0 $4,666,364 $140,145 $7,832,511 $1,455,800 $2,855,800 $173,528 $1,455,800 $1,455,800 $173,528 $173,528 $173,528 $97,100 $97,100 $97,100 $137,500 $137,500 $137,500 $388,200 * $3,652,128 $6,139,750 $12,821,770 Friday, October 16, 2009 $1,863,928 $717,075 $4,883,427 $1,863,928 $5,600,502 $124,545 Page 9 of 9 GRANT AWARD LOG Query Milwaukee Area Technical College Board Report Department of Grants and Development Governmental Grant Funds Requested/Awarded, with Carry-Over Detail and Abstract Fiscal Year: 2009-2010 Grant Award Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 ADULT EDUCATION AND FAMILY LITERACY ACT 8/6/2001 Basic Comp Program Adult Education and Family Literacy Program Category Total $760,200 $760,200 $0 $0 $0 $0 $1,100,400 $1,100,400 $1,100,400 $1,860,600 $1,100,400 $1,860,600 $0 $0 GENERAL PURPOSE REVENUE GPR Incentive Grants-Basic Skills 9/4/2001 Basic Skills Alternative Basic Ed, ESL & Family Literacy (Rev. 12/15/00) Sub-Total $0 $0 * Total Project Cost based on PROJECTED grant award amount. $0 $0 $0 $763,050 $763,050 $0 $763,050 $763,050 Friday, October 16, 2009 $763,050 $763,050 $0 $0 Page 1 of 4 Abstract Grant Award Award Date RFP Title Project Title Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 GPR Minority Participation and Retention 9/4/2001 Minority Student Minority Teacher Education Internship Program $0 $17,333 $0 $52,000 $52,000 $69,333 $0 9/4/2001 Minority Student Success Tracks for Occupational Programs $0 $0 $20,611 $61,833 $61,833 $82,444 $0 $20,611 $113,833 $113,833 $151,777 $0 Sub-Total $0 $17,333 GPR Incentive Grants-New and Expanding Occupations 9/4/2001 New & Expanding Occupations e-Data Security $0 $34,013 $0 $102,039 $102,039 $136,052 $0 9/4/2001 New & Expanding Occupations Environmental/Lead Safety Training $0 $20,000 $0 $60,000 $60,000 $80,000 $0 * Total Project Cost based on PROJECTED grant award amount. Friday, October 16, 2009 Page 2 of 4 Abstract Grant Award Award Date Special Rev Funds MATC Match Funds External Funds Projected Grant Amount Grant Award Total Project Cost Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 RFP Title Project Title 9/4/2001 New & Expanding Occupations Digital Printing $0 $29,121 $0 $87,364 $87,364 $116,485 $0 9/4/2001 New & Expanding Occupations Marketing Research Technologies $0 $0 $0 $5,000 $5,000 $5,000 $0 9/4/2001 New & Expanding Occupations Statewide Horticulture Core Coordination $0 $0 $0 $35,000 $35,000 $35,000 $0 $0 $289,403 $289,403 $372,537 $0 Sub-Total $0 $83,134 FY 20092010 Grant Funds to be carried forward to 2010-2011 GPR Incentive Grants-Workplace Literacy 9/4/2001 Workplace ABE Education MATC-Allen-Edmonds Shoe Corporation Workplace Education Center $0 Sub-Total $0 Category Total $0 * Total Project Cost based on PROJECTED grant award amount. $0 $0 $100,467 $60,750 $30,000 $30,000 $60,750 $30,000 $30,000 $81,361 $1,196,286 $1,196,286 Friday, October 16, 2009 $90,750 $90,750 $1,378,114 $0 $0 $0 Page 3 of 4 Abstract Grant Award Award Date RFP Title Project Title Grand Totals: Special Rev Funds $760,200 * Total Project Cost based on PROJECTED grant award amount. MATC Match Funds $100,467 External Funds $81,361 Projected Grant Amount $2,296,686 Grant Award $2,296,686 Friday, October 16, 2009 Total Project Cost $3,238,714 Grant Funds from 20082009 carried forward to Carry 2009-2010 Over Grant FY 20092010 Grant Funds Received Total Grant Funds allocated to Fiscal Year 2009-2010 FY 20092010 Grant Funds to be carried forward to 2010-2011 $0 Page 4 of 4 Abstract Attachment FPO - 16 Milwaukee Area Technical College District Fiduciary Fund-MATC Post-Employment Benefits Trust September 2009 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT Statement of Fiduciary Net Assets Fiduciary Fund - MATC Post-Employment Benefits Trust September 30, 2009 ` Assets Current assets Cash and cash equivalents Interest Receivable Total current assets Total Assets $ 5,175,675 5,175,675 $ 5,175,675 Net Assets Current Liabilities Accounts Payable Held in trust for Post employment benefits Total Net Assets 5,175,675 $ 5,175,675 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT Statement of Changes in Fiduciary Net Assets Fiduciary Fund - MATC Post-Employment Benefits Trust For The Three Months Ended September, 2009 Additions Contributions MATC Retiree Contributions Total Contributions $ Interest Income Total additions 8,941 2,474,621 Deductions Adminstration Benefit payments Total deductions 51,700 2,423,651 2,475,351 Change in net assets (730) Net assets Held in Trust for Post Employment Benefits- Beginning of the year Net assets Held in Trust for Post Employment Benefits- End of the year 1,812,016 653,665 2,465,680 5,176,405 $ 5,175,675 Attachment FPO - 17 Monthly Travel Report Attachment FPO - 18 Quarterly Consultant Report The March 2003, report “An Evaluation: Milwaukee Area Technical College District” by the Legislative Audit Bureau (LAB) included recommendations related to the finance and operating activities. Specifically, LAB recommended that MATC review the use of consultants. Subsequent to release of the report, LAB staff suggested the review focus on legal, public relations, lobbying, and other consultants used by the president. MATC agreed with this recommendation and the MATC Board adopted a resolution at its March 25, 2003 meeting requiring “that the MATC administration, on a quarterly basis, submit a report to the Finance, Personnel, and Operations Committee detailing the number, status, and duration of consultant contracts.” In compliance with the LAB recommendation and MATC Board resolution, the following information is presented for review and consideration. Legal Services MATC has engaged through a competitive procurement process the services of Michael Best & Friedrich to provide legal services for labor, general real estate, general business, public finance matters, education law, immigration law, litigation, administrative agency complaints, student law, and board counsel. The contract with Michael Best & Friedrich commenced on January 1, 2007, including a monthly retainer of $27,000 plus expenses, which was approved by the MATC Board at its December 2006 meeting. This contract expires on or before June 30, 2010, with two additional one year options available to MATC. Payments per this contract for this reporting period are: Michael Best & Friedrich July 1, 2009 – September 30, 2009: $ 104,004.04 MATC has engaged through a competitive procurement process the services of Dow, Lohnes & Albertson to serve as FCC Counsel. The contract which includes a fee of $370 to $530 per hour, plus expenses, was approved by the MATC Board at its March 2008 meeting. This contact expires on or before June 30, 2011. MATC has the option to renew the contract for two, one year periods. Payments per this contract for this reporting period are: July 1, 2009 – September 30, 2009: $ 5,102.32 Lobbying Services MATC has engaged, through a competitive procurement process, the services of Broydrick & Associates to supplement and support staff on local, state and federal issues requiring extensive, specialized areas of lobbying expertise. The contract sets the monthly retainer at $4,000. Payments for this reporting period total: July 1, 2009 - September 30, 2009: $12,000.00 Lobbying activities included: • • • • • • • Track and research federal, state and local legislation with possible impacts on MATC; Follow up on legislative research as directed by the MATC administration and board; Response to federal, state and local requests for information pertaining to MATC; Presenting MATC’s positions on pending state legislation directly to legislators, legislative aides and other governmental staff (i.e., TABOR, Park East Development, etc.); Schedule and organize on- and off-campus meetings with federal, state, and local legislators; Make recommendations as to appropriate responses from the college to pending legislation; Advise as to strategies and issues that should be addressed during the current fiscal year. Attachment FPO - 19 Quarterly Office of Corporate Learning 38.14 Report FISCAL YEAR 2009-2010 1ST QUARTER SUMMARY JULY 1, 2009 THROUGH SEPTEMBER 30, 2009 CONTRACTS PENDING Total Contract Revenue Total Contract Cost Margin Percent of Cost Recovery $ Contract Budget $ 1,123,913.00 0 $ 1,065,790.43 0 $ 58,122.57 105.45% - 10/15/2009 CONTRACTS SIGNED TOTAL ACTUAL INVOICED POTENTIAL Quarter to Date** Year to Date** Contract to Date* $ 462,805.00 $ 462,805.00 $ 271,169.00 $ 271,169.00 $ 335,494.98 $ 335,494.98 $ 185,974.71 $ 127,310.02 $ 127,310.02 $ 85,194.29 137.95% 137.95% 145.81% *Includes cost that have not been invoiced yet. Contracts are billed after cost have been incurred. **Cost have been included in prior quarters. Contracts Pending $ - OCL HIGH SCHOOL Budget Revenue Budget Cost $ 448,479.00 $ 390,356.43 0 $ WORKPLACE EDUCATION/CUSTOMIZED TRAINING $ TOTAL $ Fund Cost Recovery - Cash Method GASB Cost Recovery - Accural Method - $ - 675,434.00 $ 1,123,913.00 $ Fund Cost GASB Cost Recovery Recovery 145.81% 145.81% $ - 0.00% 0.00% 0.00% 675,434.00 $ - 100.00% 127.09% 127.09% $ 1,065,790.43 $ 105.45% 145.81% 132.37% $ - Budget Margin $ 58,122.57 Budget Cost Recovery 114.89% 58,122.57 Attachment FPO – 20 Out-of-Country Travel Quarterly Report There were no accounts payable checks issued July-Sept 2009 related to foreign travel.