CONTRACT AMENDMENT NO.1
Ann Arbor Learning Community
In accordance with Article IX of the Terms and Conditions of the Contract ("Contract")
dated July 1,2009, between EASTERN MICHIGAN UNIVERSITY BOARD OF REGENTS
("University Board") and ANN ARBOR LEARNING COMMUNITY (the "Academy"), the
parties agree to amend the Contract.
New Educational Service Provider Agreement
Therefore, the Contract shall be amended as follows:
•
Amend Contract Schedule 5 Description of Staff Responsibilities by adding a new
Educational Service Provider Agreement.
All Amendment documents are attached to this Contract Amendment #1 Agreement.
This Amendment shall take immediate effect.
This amendment is hereby approved by the University Board and the Academy through their
authorized designees.
Dated: \ \ \
,
alv e Winborne, irector,
Univer y Charter Schools Office
Desi&ll ~the Universi¢ BoarJl
Dated:
By: Academy B
Designee ofthe
g\ ,~
\
g J~-J {)OG
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Attachment B
CONTRACT AMENDMENT NOTIFICATION FORM
Please provide the information requested below to the Charter Schools Office (CSO), and include all
appropriate supporting documentation:
Name of Academy: Ann Arbor Learning Community
Academy Board Designee:._T.:..e"'d=-L::;a"'y"'h.::;er:.-
Title: Board President
Designee's Organization Menlo Innovations
Work Number (734) 665-1847
Fax Number: (734) 665-2990
Cell Number: (734) 834-0590
Email: t1ayher@gmail.com
Please select the appropriate box(es:)
Contract Amendment Requested (check all that apply)
IZI Contract Schedule 5: Description of Staff Responsibilities
D Position Description(s)
IZI Educational Service Provider Agreement
D Contract Schedule 6: Physical Plant
D Physical Plant Description
D Site Plan(s)
D Scaled Floor Plan(s)
D Facility Lease(s)
D Facility Financing Agreement(s)
D Contract Schedule 7c: Educational Programs
D Contract Schedule 7d: Curriculum
D Contract Schedule 7e: Methods of Pupil Assessment
D
D
Contract Schedule 7f: Application and Enrollment of Students
Matriculation Agreement(s)
Max Enrollment Increase
D
D
Contract Schedule 7h: Age or Grade Range of Pupils
D Add grade(s)
D
Remove grade(s)
Certific~lon:
: IJ
I herFb~¥I.Gertify the inf%.m~on includ~ in this checklist is complete and aCGurate to the best of my knOWledge
..-aAd1ic~owledge
thEj;,~emy Boaj<l's obligation to promptly inform the CSO of any material changes.
siwlatu;. oi Board~Pr.siii~;'t '07"1%.~~~
!;
U
Date
.
Submission:
Please submit the completed form to the Charter Schools Office, Malverne Winborne, Ph.D., Director, 310 Porter
Building, Eastern Michigan University, Ypsilanti, MI 48197 or email: charter schools@emich.edu.
Rev. 13·0430
Charter Amendment AppJication
Contract Amendment Notification Form
Page 1 of 1
EASTERN
MICHIGAN UNIVERSITY
Charter Schools
Schedule 1
PROGRAMMATIC CHANGES CHECKLIST
Please check all sections proposed for amendment.
rgJ Charter Contract Schedule 5:
Staff Responsibilities
o
The Charter Contract Terms and Conditions provides the Academy Board the flexibility
to employ or contract for personnel. Staffing levels should be sufficient to enable effective
implementation of the Academy's Educational Program. The following items are required to
be included in proposed changes to existing or newly developed position descriptions:
• Tille(s) of positions(s)
• Reporting relationship (the position's supervisor)
• Name of employer (Academy Board or Educational Service Provider)
• Criminal background check requirement
• Qualifications, including education level and experience
All proposed new or changed position descriptions have been submitted and
include all of the attributes listed above:
Yes
0
No
0
Please explain a No answer:
rgJ If the Academy Board is considering contracting with an Educational Service Provider
(ESP) (or amending its current ESP Agreement), then the Academy Board is required to
comply with the Charter Schools Office's ESP policies. The current version of these policies
is located on the Charter Schools Office's website
http://www.emich.edu/charter/noflash/loginlindex.html. As a reminder, and for those
academies that have not previously entered into an ESP agreement, the Charter Schools
Office's ESP Policies require that any proposed ESP Agreements be submitted to the
Charter Schools Office at least 3D-days prior to execution. Specifically, the submission to
the Charter Schools Office is required to include the following:
• Board-reviewed, draft ESP agreement
• A written statement regarding the ESP's experience in providing services
• Draft legal opinion
• ESP Information Sheet
• Pre-approval Board Certification document
o
ESP Policies Compliance document
All required documentation in the ESP Policy has been submitted to the
Yes
Rev. 13-0430
rgJ
No
eso:
0
Charter Amendment Application
Schedule 1: Programmatic Changes Checklist
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e.s:;APEMY SERVICE AGREEMENT
This Agreement is entered Into by and between AP Educational HR, LLC ("AP HR"), a Michigan limited liability
company, its affiliates, subsidiaries and assigns ("AP HR") and Ann Arbor leaming community ("Academy"), a
Michigan nonprofit corporation and governmental entity and Is effective on August 4, 2013 (the "Effective Date").
AP HR is in the business of offering and providing employment Of staff to work in Michigan public sohool
acedemies, including empioyee administration and Employment Related Risk management services, These
services inolude but are not limited to, staff employment, payroll, benefit administration, and other similar services,
AP HR agrees to provide and Academy wants to retain Employee Administration (which inciudes employment of
staff, payroll and benefit administration ano other related services) and Employment Related Risk Management
services (the "Services") from AP HR; furlher, staff working at the Acedemy employed by AP HR will undertake
all HR operational duties required under the Academy's charter contract with the Eastern Michigan UniversitY
Soard of Regents. AP HR, as employer of such staff, shall take responsibility for the performance of such duties
and shall ensure that HR processes are created and put in place to ensure the full ~nd timely performance of
suoh duties. Before entering Into this Agreement, Academy and AP HR engaged in negotiations and eXchanged
information in order for both parties to ascertain the nature ~nd eKlent of their working relationship ~nd this
Agreement. Both parlies warrant that the information provided w~s and remains complete and accurate as of the
effective date of this Agreement.
AP HR has accepted current Aoademy st~ff and determined to employ said staff, sUbject to satisfactory results
on criminal background and unprofessional conduct checks further described herein and further subject to
assesoment of prOfessional certifioatlons as required by ~pplicabie iaw,
Ac~demy
is a Michigan Public Sohool Ac~demy providing pUblic school instruction as ~ charler school located
at 3980 Research Park Drive, Ann Arbor, MI 48108, pursu~nt to a contract ("Contract") issued by the Eastern
Michigan University Charter Schools Office ('CSO"). Academy operates under the general direction of its Board
of Directors ("Board"), and relies on ils staff to undertake all operational duties. Employees of AP HR providing
servioes at the Ac~demy are hereinafter referred to as "Covered Employees".
The Academy shall designate the Covered Employees who having a legitimate educational interest In access to
eduoation record Information as "school olficials, pursu~nt to tha Family Educational Rights and Privacy Act, 20
U,S.C. Section 1232g.
1. TERM, This Agreement shall begin on September 1, 2013 (the "Effective Date"), and shall continue
until December 31, 2014 (the "Initial Term"), If this Agreement is not terminated during lis innlal or any successive
term, this Agreement shall renew automatically for successive periods of one (1) year, unless either party notifies
the other of its intent not to renew this Agreement. Nolice of nonrenewal mUst be given at least sbdy (60) days
before the expiration Of the Initial or any Successive Term and, whenever reasonable, service shall not termin~te
until the end of the instructional year. The parties acknOWledge thaI any Contraot reauthori,ation with eso may
require Academy and APHR to submit an entirely new Agreement for review by CSO. ,his contract shall not
become effective unlil the Academy receives notice from CSO thai CSO does not disapprove of the terms and
conditions herein, This Contract shall not be effective beyond the term of the Academy's Charter. The Maximum
term of this Agreement shall not eKceed the length of the Charter Contract.
2. SECURITY DEPOSIT. AP HR agrees to waive any security deposit
3. FEES AND CHARGES. Academy aljrees that it is responsibie for paying to AP HR, lhe followinlj fees
and charges,
a, SET UP FEE:. Academy agrees to pay AP HR a one-time non-refundable set up fee in the
amount of $2,000.00 (two thousand dOllars). The set-up fee is due at the time this Aljreement is signed by the
parties,
b. SERVICE FEE, Academy aiso agrees that it will pay AP HR a service fee as describeo in
the Rate Sheet attachad and incorporated into this Agreement. The partie; "gree that lhe s"Nlce fee InclUdes
all employee wages and payroll taxes and contributions as well as AP HR's administrative fee. Academy
acknOWledges that the service fee represents compensation to AP HR for rendering the services agreed to In
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i. COBRA CHARGES. Upon termination of this Agreement for any reason. Academy agrees
to pay AP HR the sum of One Hundred Dollars (S100.00) per month for each Covered Employee who elects
COBRA continuation coverage under any AP HR sponsored or administered Group Health Pian for each month of
such election. Academy agrees to pay AP HR the sum of One Thousand Dollars ($1 ,OOO,OO) per month for each
such Covered Employee who becomes employed by Or provides services to Acedemy or any entity affiliated with
or controlled by Academy during the applicable COBRA eligibility period. Academy's obligations pursuant to this
section shall terminate upon expiration of the respective Covered Employees' COBRA eligibility period. Further,
in the event that at any lime during the Term or following termination of this Agreement AP HR administers
COBRA coverage for any Covered Employee, AP HR reserves the right to charge a reasonable administrative fee
for this service; provided that nothing herein shail be construed to obligate AP HR 10 administer COBRA coverage
under a group plan maintained by Academy.
4. DEPOSIT OF ACADEMY FUNDS. The Academy Board's Treasurer shall direct that the deposit of
all funds received by the Academy be placed in the Academy's depository account as required by law. The
signatories on the Academy Board accounts shall SOlely be Academy Board members. Interest income earned
on Academy aooounts shall accrue to the Academy. AP HR has no Intent and will take no action whatsoever with
respect to the Academy'S depository account except as otherwise prOVided in this agreement.
5. ACADEMY PAYMENT OF FEES AND EXPENSeS TO AP HR. The Academy Board must pay to
AP HR the fees and expenses associated w~h the Academy's HR services prOVided that documentation for
the fees and expenses are provided timely for payment. Academy Board ral~ication will not be reqUired prior to
payment, nor is it e oond~lon for payment No corporate costs of AP HR shall be Charged to, or reimbursed by the
Academy.
To achieve the timely payment of faes and expenses to AP HR, the Academy and AP HR have entered into an
electronic fund transfer agreement ("ACH") dated August 19, 2013, which is incorporated herein. The purpose
of the-agreement for the eleotronic transfer of funds is to enable AP HR to initiate through its agent benk. the
eiectronic transfer of funds owed to AP HR by the Academy Board for payroll, pe",onnel and human resource
management services. The electronic fund transfer agreement authorizes AP HR to instruct Fifth Third Bank to
act as Its agent and to inillate electronic fund transfer of such funds from the Academy 80ard'. checking acoount
to AP HR's bank, Fifth Third Bank. AP HR shall notify the Academy Board the day before the electronic fund
transfer is scheduled of the amount to be transferred. The Academy Board warrants to AP HR that the necessary
funds will be in the account and avaiiable for transfer.
The Academy Board has the right to terminate the Electronic Fund TranSfer Agreement upon giving AP HR ten
(10) days written notice of Its intent to terminate the Electronio Fund Transfer Agreement (EFTA). Termination
of the Electronic Transfar Agreement shall not negate the Academy Board's obligation to pay AP HR for services
rendered and invoices outstanding. Unless an acceptable a~ernetive method of payment is provided to AP HR,
such notice of tennination of the EFTS shall act as a termination of the agreement immediately and AP HR shall
be immediately paid in full for all outstanding invoices due and owing,
6. THE EMPLOYMENT RELATIONSHIP. AP HR will exolusively employ Academy's Covered Employees
and aocepts full liability for benefrts. salaries, workers' compensation, unemployment compens.tion end
liability insurance for such emplOyees subject to the terms of this Agreement.
As the employer of Covered
Employees, AP HR may subcontract to one or more other entities to assess or furnish certain information related
to administrative qualifications (e.g, certification, criminal background cheok contents), AP HR shall, however,
remain accountable to the Acedemy for the perfonnance and qual~y of such subcontraoted work. The parties
agree that the tenn. of this Agreement affect only AP HR and Acedemy, and create no contract nor convey any
right. to Academy's employees.
AP HR shall have exclusive right of direction and control over Covered Empioyees, As a general proposition
Academy shall govem its business operations and related matte", and shall adopt policies end administrative
guidelines to be adhered to by AP HR. Dey-to·day operational control of Covered Employees, however, shell
be at ail times vested in AP HR. AP HR reserves authority over human resources. managerial, and related
administrative functions, all as more specifically provided baiow. All payroll, benefit, and personnel polioies and
procedures for Covered Employees shall be established by AP HR. Evaluation and compensalion systems
shall comply with the Miohigan Revised School Code ("School Code"). During the term of the Agreement. AP
HR shall have the right and authority to implement and supervise Academy's policies and procedures relating
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to the Covered Employees contrary 10 this Agreement, Academy shall be solely
responsible for all taxes, reporting req~irements and other liabil~ies with respect
to those payments and the work performed by Covered Employees for s~ch
payments shall be deemed solely for the benefit of Academy and o~tside the
scope of Covered Employee's employment with AP HR. The parties agree that
AP HR shall set the rate Of pay of the Covered Employees based on consultation
With Academy. Changes in Covered Employee wages and compensation shall
become effective only when agreed to by AP HR.
(il) Subject to Academy's complete, timely and accurate reporting of wages or hours
worked, AP HR shall provide payroll administration and timely payment of
all applicable employer-related taxes including federal and state income tax
wlthholdings, federal and slate ~nemployment taxes, Social Security taxes, and
any other applicable federal, state or local employment-related taxes.
b. AP HR shall maintain state mandated workers' compensation coverage on Covered
Employees. AP HR Shall also provide loss prevention and claims management services consistent With Its
policies and procedures;
c. Provision and administration of Covered Employee benefits as mutually agreed;
proced~res:
d. Establishment of appropriate workplace employment and safety risk management policias and
and
e. Provision of other human resources services consistent with AP HR's policies and procedures.
Subject to the terms and conditions of this Agreement, AP HR retains the right of direction and control over the
Covered Employees oommenSUn;lte with its responsibility to perrorm the employer responsibilities listed above,
including a right and obligation to hire, eval~ate, discipline, layoff and terminate Covered Employees.
In the event of an employment-related i.sue that the Academy Board becomes aware of, Academy agrees to
Immediately contact AP HR, which will then ass~me responsibility fOr any follow up investigation, discipline,
tennination or other further action. AP HR also reserves authority to; Investigate, resolve and decide Covered
Employee disputes and grievances, subject to any applicable collective bargaining agreement In place during
the term of this Agreement reassign employees from one Academy work site to another when required by or not
conflicting With Academy's rights and business necassily and subject to the teoms of any applicable collective
bargaining agreement; and designate on-site supervisors to assist with administrative and personnel matlers on
Academy'S premises during business hours.
AP HR retains the right to change the classification codes, where necessary. to comply With the guidelines set
forth by the National Council on Compensation Insurance (NCCI) or applicable state regulatory agency. AP HR
also reserves a right of direction and control over management of safety, risk and ha~ard control at the worksite
or sites affecling Covered Employees. including, with regard to Covered Empioyees; responsibility for periorming
safety inspections of Academy equipment and premises: responsibility for the promulgation and administration of
employment and safety policies; and responsibility for the management of workers" compensation claims, claims
filings, and related procedures.
AP HR agrees to make every effort to act in the Academy's besllnterest In exercising Its rights as contemplated
herein,
7. INDEPENDENT CONTRACTOR RELATIONSHIP. The parties agree that AP HR provides its services
to Academy as an independent contractor, and the provision of the services shall not be cOnstrued to create an
employer/employee or agency reletionship, The parties acknowladge a contractual allocation of employment
rights and responsibilities regarding Covered Employees. Except as expressly stated In this Agreement. neither
party has the right or authority to assume or create any obligation, liability. or responsibility on behalf of the other,
or to hold Itself out as an agent or representative of the other.
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Following agreement regarding the structure 01 the evaluation tool with AP HR, through its staff at Academy,
shall be solely and exclusively responsible for the performance and maintenance of Administrator and Tea~her
Evaluation Systems that comply with Sections 1249 and 1250 of the RevISed School Code," eccordance Withe
procedure approved by AP HR. AP HR shall utilize the final performance evaluations for Covered Employees In
accordance with applicable iaw, in assessing the Covered Employees' qualifications for continued employment,
wage adjustment. promotion, disciplinary action, and termination subject to state. federal, and local iaws. AP HR
reserves final decision-making authority With regaro to any SUch employment acllons.
9. COOPERATION IN DEFENSE OF CLAIMS AND LITIGATION. The parties agree to cooperate fully
to defend against claims brought against either AP HR or Acaoemy. Academy specifically agrees to cooperate
lully when asked to assist AI" HR in defending against unemployment and Workers' Compensation claims and
against all employment claims and litigation. Academy agrees that its cooperation includes. but Is not limited
to completion of injury. disciplinary and termination reports, attendance at referee, magistrate and court-related
hearings, participation as a witness where requested, answering questions and interrogatories and providing AP
HR and its repre.ent"tives with access to non- AP HR files important to the defense 01 such claims and litigation.
10. iNSURANCE. The parties acknowledge and agree that they will provide insurance requirad by law
and otherwise as stated in this Agreement.
a. WORKERS' COMPENSATION INSURANCE TO BE OBTAINED BY AP HR. Unless otherwise
mutually agreed in writing, AI" HR agrees that it will fumish and maintain in fuillorce and effect at ali times during
the Term of this Agreement, state mandated Workers' Compensation Insurance COVering all Covered Employees,
b. INSURANCES TO BE OBTAINED BY ACADEMY. Academy agrees that it will furnish and
maintain in lull force and effect at all times during the Term of this Agreement, commercial general, business,
products liability, and aula insurance, or such other insurance as Academy's business operations necessitate
and as AI" HR may reasonably require. The commercial general liability insurance will insure both bodily injury
and property damage liability, including blanket prOducts, completed operations, personai Injury and contractual
liability in an amount not lees than One Million ($1,000,000) Dollars per occurrencelTwo Million ($2,000,000)
Dollars aggregate per location (Combined Single Limit for Bodily Injury and Property Damage). The allto liability
insurance will cover all motor vehicie operations for which Academy is legally responsible. The insurance will
cover hired and non-owned vehicles, uninsured/underinsured molorist coverage, and any personal injury end
property damage· protection required by an applicable state's "no-Iaull" insurance laws. The minimum combined
singie limit of the coverage will be in an amounl not less than One Million ($1,000,000) Dollars per occurrance,
Although not required, AP HR strongly recommends and urgas Academy to carry minimum Workers'
Compensation insurance as follows: Statutory Workers' Compensation coverage; Five Hundred Thousand
($500,000) eech accident; Five Hundred Thousand ($500,000) bodily injury by disease each employee and
policy limit; and Five Hundred Thousand ($500,000) Employers' Liability Broad Form All Stales Compensation
Coverage, With voiuntary compensation endorsement.
c. PROFESSIONAL LIABILITY INSURANCE. Academy shall provide professional liability
insurence, including sexual abuse coverage, in the amount of $1,000,000 naming AP HR as an additional
insured. Acedemy shali maintain a Workers' compensation policy With an "if only" provision.
d. AP HR M,U.S.LC. INSURANCE COVERAGE. AI" HR shall maintain any insurance policy in
the amount required by the Charter Contract and the Michigan Universities Seif Insurance Corporation. In the
event the University or M.U,S.I.C. requests any change in coverage by AP HR, the AI" HR agreeS to comply
wtth any change in the type of or amol,"t of coverage. as requested, within thirty (30) days efter notice of
the insurance coverage change. The AP HR Insurance is separate from and in eddltion to the Insurance the
Academy Board is required to obtain under the Contract,
e, WAIVER OF SUBROGATION. each party agrees to release and forever discharge the other,
and any officer, agent, employee or representative of the olher party, from any Iiabiiity arising from loas, damage
or Injuri, for any reason, for which insurance is carried by the party providing this weiver. to the extent of any
recovery Uf payment pursuant to such insurance policies. The parties agrae that they will have tilelr respective
insurance policies endorsed to allow for this waiver, to the extant necessary to execute this provision.
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right to assert, or not to assert, governmental immunity.
This provision shall be read as supplemental to and consistent with the other indamnification provisions in this
Agreement. To the extent a trier of fact or law finds any inconsistency between w~h provision and any other
indemnification provision in this Agreement, this provision shall be controlling.
13, MATERIAL BREACH OF CONTRACT BY ACADEMY, Notwithstanding other provisions of this
Agreament, a party may, at any time, terminate this Agreement for the other party's material breach of the
Agreemant, if the breach Is not cured within a reasonable penod of time, not to exceed thirty (30) days, and
provided that the non-breaching party provides the breaching party With wriUen notice Of the breach prior to the
breaching party's opportunity to cure. If the nature of the braach of this Agreement is SUCh that thirty (30) days
is not enough time to cure, then the party ehall not be deemed in breach If ii begins to cure wnhin the thirty (30)
day period, diligently continues to cure the breach, and the cure is completed within sixty (60) days from the
non-breaching party's notice. Within three (3) days of receipt of a notice that a party is in material breach of this
Agreement, the breaching party agrees that ~ will provide written response to the other stating its agreement to
cure the breach and specifying its plan of action. If the nature of the breach is such that irreparable harm may be
or has been caused to the non-breaching party, or ~ the nature of the breach is such that a cure is not possible,
then termination of this Agreement will be effective immediately upon notice of same to the breaching party,
A material breach of this Agreement bY Academy includes, without limitation: failure to pay any fees or charges
when due; failure to comply with any reasonable directive from AP HR as required or allowed in this Agreement;
failure to comply with any laW or governmental rule or regulation regarding personnel issues or workplace or
worker health or safety: committing any act that usurps AP HR's rights as employer of Covered Employees as
stated In this Agreement: failure to provide and maintain any insurance required by this Agreement or by law, rule
or regulation; failure to disclose any past, present or known potential unemployment, Workers' Compensation,
labor dispute, or employment problems or risks; failure to compietely and accuralely disclose any past, present
or known potential prOblems, risks or changes to employees' employment histories 01 haalth situations, inclUding
but not limited to separations or physical, mentai or emotional disorders: or failure to immediately notifY AP HR
of any material change in Academy's current business operations. A material breach of this Agreement by AP
HR includes, wilhout limitation, and provided Academy is otherwise in compliance with the Agreement:. failure
to provide and maintain insurance: or faiiure to remit required withholding taxes, and any action or inactiOn
by AP HR that is not cured w~hln 60 days of notice thereof which causes the Charter Contract to be revoked,
terminated, suspended or which causes the Charter Contract to be put in jeopardY of revocation, termination or
suspension by Eastern Michigan University,
14. REVOCATION or TERMINATION of CHARTER CONTRACT BY EASTERN MICHIGAN
UNIVERSITY, If the Academy's Charter Contract issued by the Eastern University Board of Regents is revoked.
terminated, or a new Charter Contract is not issued to the Academy after expiration Of the Academy's Contract,
this Agreement shall automatically terminate on the same date as the Academy's Contract is revoked, terminated
or expires without further ection Of the parties,
15, TERMINATION OF AGREEMENT, In addition to eilher party's ability to elect to not renew this
Agreement, as prOVided in Paragraph 1 above, and e~her party's ability to terminate this Agreement for matenai
breach of this Agreement as prOVided for in Paragraph 13 above. this Agreement may be terminated during its
Term in the event of Academy's bankruptcy, assignment for the benefit of creditors, dissolUtion, receivership or
other cessation of Academy's business, Academy further agrees to provide AP HR with written notice of any fect
or circumstance which couid reasonably result in any such event. The parties shail endeavor to provide for the
provision of services through the end of the inslr1,Jc/ionai year, AP HR and the Academy shall work together tc
ensure a smooth transition of operations.
16. EFFECT OF TERMINATION. The parties agree that termination of this Agreement ior any reasOn
will not relieve Academy frOm any of its obligations or liabilities to AP HR pursuant to this Agleement which arose
or accrued prior to the termination, including but not limited to payment of any outstanding faes or charges and
reimbursement of any health insurance, Workers' Compensation or unemployment claims or liabilities incurred
by AP HR which are Academy'. responsibility pursuant to this Agreement. Academy acknowledges and agrees
that termination of this Agreement for any re8S011 will result in termination of Workers' Compansetion coverage
for all Covered Empioyees effective 12:01 a,m, on the date the Agreement is terminated. The parties also agree
that the cooperation reqUired by this Agreement, as expressed in Paragraph 6, survives expiration or termination
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23. COMPLIANCE WlrH SECTION MCl 380,503C. On an annual basis, AP HR agrees to provide the
Academy Board with the same Information that a school district is required to disclose under section 18(2) of the
State School Aid Act of 1979, MCL 380.1616, for the most recent school fiscal year for which the Information is
available. Within thirty (30) days of receipt of this information, the Academy Board shall make the information
available on the lIcademy's website home page, in a fOI1Tl and manner prescribed by the Michigan Departm.ent of
Education. The defined terms in section 503c of the Code. MCL 380,503c, shall hove the same meaning In thiS
Agreement.
24. INFORMAIiON TO BE PROViDED BY ESP. AP HR shall make information concerning the operation
and management of the Academy, Including without limitations the Information described in SChedule 8 of
the Acedemy's Charter Agreement with Its Authorizer, available to the Academy as deemed necessary by the
Academy Board in order to enable the Academy to fully satisfy ~s Obligations under the law." SUCh Information
will be developed by AP HR employees designated by the Academy as having the requisite knowledge of the
operations and management of the Academy.
25. MARKETING and DEVELOPMENT COSTS. Marketing and development costs paid by or Charged to
the academy shall be limited to those costs specific to the Academy program, and shall not inclode any costs for
marketing and development of AP HR.
26. PURCHASING OF EQUIPMENT, MATERIALS AND SUPPLIES. If AP HR purchases equipment,
materials and supplies on behalf of or as the agent of the Academy, such equipment materials and supplies
shall be and remain the property of the Academy. AP HR shall comply with the Revised School Code (InCluding
but not limited to Sections 1267 and 1274) as if the academy were making these purchases directly from a third
party supplier, Where AP HR prooures equipment. materials and supplies at the request of or on behalf of the
Academy, AP HR shall not include any added fees or charges wfth the cost of equipment, materials and supplies
purChased from third parties.
21. MISCELLANEOUS.
a. ASSIGNMENT. The parties agree that Academy will not assign this Agreement, its rights
or duties under the Agreement, or any interest in the Agreement, without AP HR's prior written consent. The
parties also agree that AP HR may assign or delegate Its rights and duties under this Agreement to any AP HR
subsidiary or affiliated entity, provided that the assignment or delegation does not relieve AP HR of its obligations
under the Agreement and further prOVided that the Parties provide prior notification to the Academy's authorizing
body, that any assignable party Shall be considered and ESP and be subject to the Academy's authorizing body's
ESP Policies and such assignable party shall follow the ESP Policies..
b. INrEGRATION. This Agreement and the Addenda or Exhibits attached to it, constitute the
parties' entire agreement regarding the SUbjects contained in the Agreement. This Agreement supersedes all
prior agreements and negotiations, whether oral or written. No other agreement. statement, promise cr practice
between the parties Shall be binding on the parties. Changes to this Agreement and its Addenda or Exhibits may
only be made by the parties' mutual written agreement.
c. WAIVER OF BREACH. The parties agree that failure by either party at any time to require
performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a
waiver of any subsequent breach nor affect the effecliveness or validity of the Agreement or any of ils parts, nor
ber either perty from SUbsequent enforcement or breach of the Agreement.
d. GOVERNING lAw' The parties agree that this Agreement will be gOVerned and construed
according to the lews of the State of Michigan.
e. ATTORNEY FEES, In the event that any aelion is brought by either party as a result of breaCh
or default of any provision of this Agreement, each party shall be responsible for payment of its own cosls and
attorney fees.
f. NOTiCES. Any notice to be give" under this Agreement will be deemed given if made in writing
and sent by certified mail to the respective party's address as stated in this Agreement.
p(l.g& 11
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i. Amendment. In the event this Agreement is emended, the submission requirements contained
in Section A of the eso Educational SeNice Provider Policies. AP HR amendments will be added 10 the
Academy's Charter Contract through the Charter Contract amendment precess Identified in the Charter Contract
Terms and Conditions.
THE PARTIES AFFIRM THAT THeY HAVE ReAD AND UNDERSTAND, AND AGREE WITH THE TERMS OF
THIS AGREEMENT.
AP Educational HR, LLC
Ann Arbor Le~rning Colnmu,llity
1_,
By:
Its:
Deted:
A
II
/
I
I ~ (:)
ZtSident/
Iv
Pago 13
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Set uo benefit deductions In pay system
Forward applications electronically to providers to ensure
accuracy
Confirm enrollment to emolovees via e-mail
C. BENEFITS ADMINISTRATION
Reconcile and pav monthly bills for each olan
Research benefits cove",~ Issues
Fulfill employee requests for Information Within 24 hours
Assist employees with covelO"e chanoes
Notify payroll of deductions, changes
Assist emplovees with claims Issues
Manaoe liaison and relatlonshio with Droviders
Write and distribute benefits bulletins
Provide manaoement reool'lS
Plan annual Open Enrollment
Open Enrollment orientations to employees to explain plan
enhancements
D. IlEALTH INSURANCE
Offer a choice of medical dental and vision Dlans
Offer choice of life insurance, AD&D, short and long term
dlsabilltv Dian.
Control for receipt of ennollment Rrocess
Ensure employees under.tand late entrant r;.k$ (ERISA)
Enrollment after emDlovment status changeslPT to FT)
A>$emble and upload benefit enrollment and educational
materials
Maintain regulations related for SPO avallabllltv
E. GROUP TERM LIFE AND DISABILITY
Calculate orem/urns and coverage limits
Resoond to employees aue.tlons
Process coverage ~nd beneficiary changes
Track ~nd proce.s optlon~' additional coverage
Distribute plan summaries
F. FLEXIBLE BENEFITS PLAN
Maintain and balance flexible spending accounts
Process and remit employee claims
Provide online balance tracking
Review ellglbilltv for ore-tax treatment
Review receipts to a••ure they comply with IRS
Preoare and respond to IRS Audits
Preoare and file form 5500
Get new enrollment ferms annuallY
G. 401K PLAN ADMINISTRATION
~
ACCESS POUlT
Included
Included
X
X
Available
X
X
X
X
X
X
X
X
X
X
X
X
X
Included
Included
Included
Included
Included
Included
Included
Included
InclUded
Included
Included
Included
Included
X
Included
Ineluded
Included
Included
X
Included
X
Included
Included
Included
Included
Included
)(
X
X
X
x
X
X
X
)(
)(
X
X
)(
X
X
Provide online account access
X
Review for pre-ta> treatment
Control for receipt of enrollment process
Ensure employees understand late entrant risks (ERISAi .
Enrollment after employment status chan.e. IPR to FTI
Assemble and upload benefit enrollment and educational
materials
)(
X
X
X
X
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
I Included
Included
Included
Included
016/018
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ACCESS POINT
,
-,
Update compenv oollcles and handbook
Consult on prooer Job Descrlotlon Implementation
AssI" with performance Improvement and corrective action
Teacher Evaluations
x
X
X
Included
Included
Included
School Leader
V. EMPLOYEE RELATIONS
Develop/maintain basic company pplicies
Develop/maintain forms and orocedures
Counsel management on performance and corrective action
issues
Prepare/review case file documentation
Counsel management on employee Issues
Respond to emplovee inquiries and concerns
Investigate and mediate complaints
Assist and counsel in rellards to Involuntarv terminations
Desi~n exit Interview materials
Prepare/review severance agreement, and general release.
Plan redual"n in force Implementation
X
Included
Included
Included
X
Included
X
X
X
Ineluded
Included
Available
Included
Available
Available
Available
X
X
X
X
included
Included
Included
Available
X
X
Included
Included
Included
Included
Included
X
Included
Included
Ineluded
Included
Available
X
X
X
Avolloble
Available
Available
X
X
X
X
X
X
VI. RISK MANAGEMENT
A. SAfETY PlAN
Provide Illness and InjulY Prevention Plan
Provide Safetv Plan
Maintain OSHA records
Provide OSHA postlngs for online posting
B. WORKER'S COMPENSATION
Comolete and file claim forms
Monitor treatment .tatu, with medical .taff
Coordinate return to work or lilrht dUtv
Coordinate loss prevention activities with insurer
Check for duplicate WC/heolth clolms
X
X
X
C. UNEMPLOYMENT
Review annual rate determinatIon
Resppnd and administer unemplovment Insuronce In all state
Review and handle clolms flied
Contest unwarranted claims
Attend hearings or file appeals oS necessary
D. EMPLOYER UABllliY
Research emDlover Iiabilitv issues
Research/obtain Insur.nce for emplever liability
Obtain le~ol counsel for employment Issues
X
X
X
X
$SO hr. plus expo