Regular Meeting of the Committee of the Whole February 11, 2016 – 6:15 p.m. Lake Zurich High School Library, 300 Church St., Lake Zurich, IL Followed Immediately by a Special Board of Education Meeting COMMITTEE OF THE WHOLE AGENDA Board Work Session – Discussions/Collaboration/Presentations 1. Call to Order & Roll Call 2. *Public Comments – Please sign in by 6:15 p.m. 3. Small Auditorium Presentation – DLA Architects (Information) 4. Employee Incentive Program (Discussion) 5. Data Sharing Agreement (Action 2/25/2016) 6. Cash Flow (Informational) 7. Quarterly Financial Report (Informational) 8. Property Tax Appeal with the Village of Lake Zurich (Discussion) 9. FBG Contract Renewal (Action 2/25/2016) 10. Food Service Point of Service Contract (Action 2/25/2016) 11. Non-Resident Tuition Rate (Action 2/25/2016) 12. Facilities Usage Fees 2016-2017 (Action 2/25/2016) 13. LZHS Girls Softball Field Trip – Bloomington, IL; March 29- April 1, 2016 (Action 2/25/2016) 14. Destruction of Closed Session Audio Recordings (Action 2/25/2016) 15. Review of Closed Session Minutes (Action 2/25/2016) Agenda for the Special Board Meeting 1. Call to Order and Roll Call 2. Public Comments - Please sign in prior to 6:15 p.m. 3. Closed Session - For consideration of the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body (5 ILCS 120/2(c)(1)); and for the purposes of discussing litigation when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent (5 ILCS 120/2(c)(11)). 3. Reconvene Open Session 4. *Approval of Separation Agreement – Sarah Danielewicz 5. *Acceptance of Sarah Danielewicz’s Resignation Effective March 31, 2016, as part of a separation Agreement. 6. Adjournment of the Special Meeting of the Board of Education * Public Comments will be limited to 5 minutes per individual, 30 minutes total time for any one topic. In accordance with the Americans with Disabilities Act, individuals with disabilities who plan to attend this meeting or any other activity or program and who require certain accommodations so that they can observe and participate, or who have questions regarding the accessibility of the meeting room or the District’s facilities, should contact the Superintendent’s office (847-540-4963) promptly to allow the District to make reasonable accommodations for those persons. **Action Items – It is anticipated that the Board will take action on these items MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2016 Small Auditorium Project DLA Architects will be updating the Board on the plans for the small auditorium renovation. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 To: From: Agenda Item: Date: Board of Education Dr. Michael Egan, Superintendent Employee Incentive Program February 11, 2016 Background Information: As discussed during collective bargaining, the Board of Education asked the Superintendent to develop a plan/program to monetarily reward exemplary professionalism and above and beyond performance for district employees. The Superintendent considered employee groups who would be considered for rewards, who would determine to whom rewards would be granted, the criteria for the rewards, and the amount of the rewards. Analysis: Once a criterion is determined, some additional considerations/questions must be addressed: ü Awards will be $500/$750/$1000 as determined by the committee. ü Taxes and TRS must be assessed for these monetary awards. ü Incentive awards will be announced at the monthly Board Meetings. ü What will be the perception of the community about using tax payer $ for this program? ü Up to five (5) awards may be granted per month. ü An employee can only receive one reward per year. ü A system in place to avoid it becoming an “it’s our turn” kind of thing to be monitored by the HR Director and Superintendent. ü Awards will be considered incentive payments and will not be included as a portion of base salary when considering subsequent raises. ü These awards are for specific above and beyond actions and are not intended to be lifetime service to the district awards for retiring staff. ü Any employee of the district is allowed to make a nomination. Recommendation: The Superintendent is recommending the approval of the Employee Incentive Program and that $40,000 be allocated to the program for the remainder of the 2015-2016 school year. District 95 Employee Incentive Program (Draft 2/11/16) As a means of recognizing and acknowledging employee actions that are exemplary and well above and beyond the scope of their job responsibilities, the Board of Education is establishing the District 95 Employee Incentive Program. The Board will provide qualifying employees with a monetary award at the monthly Board of Education Meetings. Who is eligible? All District 95 employees are eligible for these awards with the exception of the Assistant Superintendents and the Directors. How does an employee become eligible for an award? An individual employee, or a team, can be nominated by any District 95 employee. The nominations will be considered and the monetary awards will be determined by an Awards Committee. Who is on the Awards Committee? This is a committee of the Superintendent. The Superintendent, the Director of Human Resources, a member of the School Board as designated by the School Board President, and one principal from each level (elementary, middle, and high school) will comprise this administrative committee. What are the criteria for receiving an award? The general criteria are performing above and beyond the scope of one’s contractual scope of responsibility. Here are some criteria: Above and Beyond · Assisting Students/Families · Providing excellent service that benefits classroom/building/department · Promoting teamwork that produces positive results · Helping a Colleague · Playing a key role in the execution of a critical initiative Exemplary Professionalism · Developing a creative solution that eliminated unnecessary expenses or improved productivity and efficiency · Achieving service excellence in spite of barriers Considerations ü Awards will be $500/$750/$1000 as determined by the committee ü Taxes and TRS must be assessed for these monetary awards ü Incentive awards will be announced at the monthly Board Meetings ü ü Up to five (5) awards may be granted per month ü Repeat nominees- can the same person receive it more than once; if so, how often? Nominees can receive only one award per year ü Awards will be considered incentive payments and will not be included as a portion of base salary when considering subsequent raises ü These awards are for specific above and beyond actions and are not intended to be lifetime service to the district awards for retiring staff. TO: FROM: AGENDA ITEM: DATE: Board of Education Dr. Terry Mootz, Director of Assessment and Data Shared Data for Educational Research with College of Lake County February 11, 2016 Background Information: In accordance with Board policy 8:40 Educational Research and 7:340 Student Records, Lake Zurich Community Unit School District 95 will enter into an intergovernmental shared data agreement with the College of Lake County. This agreement meets the stringent requirements set forth by Institutional Review Boards (IRB) for educational research and will abide by both the Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA) to protect the privacy of students’ education records. The College of Lake County will analyze and correlate student Grade Point Average (GPA), course placement, and course success for students shared by participating institutions. A report will be developed and shared with participating institutions comparing high school course sequence and subsequent CLC course success in attempts to better develop a student profile for students who are placed into development and/or college level courses at CLC. Data shared will be solely for the limited purpose to explore the course sequence/college placement question. District 95 will share with CLC (1) Student name, (2) birth date, (3) year of graduation, (4) placement in district courses while attending CLC, (5) method of student placement, (6) date of enrollment in the district, (7) student grades in district courses, (8) extracurricular activities student was involved in. In return, CLC will share with District 95 (1) the students’ college placements in reading, composition and mathematics test scores, (2) method of placement, (3) student’s first term at CLC, and (4) the student’s term and grade in CLC’s mathematics, natural science, and language arts courses. Upon completion of the study, CLC will destroy/delete datasets shared from District 95. Both the College of Lake County and Lake Zurich Community Unit School District 95 will sign a Shared Data Agreement for Educational Study and Affidavit of Nondisclosure as is best practice in the field of educational research. This item will come before the Board for action at their regularly scheduled meeting on February 25, 2016. District 95 Administration Center – Dr. Michael J. Egan, Superintendent of Schools 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 website: www.lz95.org FAX: (847) 438-6702 Shared Data Agreement for Educational Study Between Community College District No. 532, Lake County, Illinois And Lake Zurich High School District 95, Lake County, Illinois This Shared Data Agreement for Educational Study (“Agreement”) is made and entered by and between Community College District No. 532, Lake County, Illinois, a body politic and corporate organized and operating under the Illinois Public Community College Act (the “College”); and Lake Zurich High School District 95, Lake County, Illinois, a body politic and corporate organized and operating pursuant to the Illinois School Code (the “District”) (together, the “Parties”). WHEREAS, the Parties are authorized to enter into intergovernmental agreements for cooperative projects and use agreements in any manner not prohibited by law or by ordinance, pursuant to Article VII, §10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), the Public Community College Act (110 ILCS 805/1 et seq.) and the School Code (105 ILCS 5/1-1 et seq.); and WHEREAS, the Family Educational Rights and Privacy Act (“FERPA”) and its implementing regulations (20 U.S.C. §1232g; 34 C.F.R. Part 99) protect the privacy of primary, secondary, and postsecondary students’ education records, and afford to parents or to students who are 18 years of age or older or who attend an educational institution (“eligible students”) certain rights including the right to condition certain disclosures of personally identifiable information from the student’s education records (“PII”) upon the parent’s or student’s prior written consent; and WHEREAS, the Illinois School Student Records Act (“ISSRA”) and its implementing regulations (105 ILCS 10/1 et seq.; 23 Ill. Admin Code Part 375) protect the privacy of primary and secondary students’ school student records and afford to parents or to students who are 18 years of age or older who attend an educational institution (“eligible students”) certain rights including the right to condition certain disclosures of a student’s school student records or information therefrom upon the parent’s or student’s prior written consent; and WHEREAS, FERPA contains an exception allowing the release of PII without parental or student consent to organizations conducting studies for, or on behalf of, schools, school districts, or postsecondary institutions for, among other purposes, improving instruction (see 20 U.S.C. §1232g(b)(1)(F); 34 C.F.R. §99.31(a)(6)); and WHEREAS, ISSRA contains an exception allowing release of school student records and information without parental or student consent to any person for the purpose of research, statistical reporting, or planning, provided that such research , statistical reporting, or planning is permissible under and undertaken in accordance with FERPA (see 105 ILCS 10/6(a)(4)); and WHEREAS, the Parties have determined that shared data results in improved instruction to the benefit of their constituencies and their students, and enhances educational opportunities for the communities they serve; and 1 WHEREAS, the Parties desire to collaborate to jointly conduct educational study (“Study”), the purpose of which is to better understand the District’s students’ preparedness for College; to understand the effect of high school course taking habits on later college success; to quantify and respond to obstacles to learning outcomes; improve alignment of course content between the District and College; and WHEREAS, the scope of the Study includes the collection, exchange and analysis of studentspecific data related to courses taken and course grades; grade-point averages; class rank; placement and aptitude test scores (i.e. ACT or SAT scores, other assessments); retention and graduation; utilization of learning-support services; and WHEREAS, the Parties have determined that it is in their respective best interests and that of their constituencies to enter into this Agreement. NOW, THEREFORE, IT IS AGREED between the Parties, in consideration of their mutual promises and undertakings set forth herein and for other good valuable consideration, as follows: Section 1 Incorporation of Preamble Recitals The foregoing recitals are hereby found to be true and correct and are incorporated herein by reference. Section 2 PII and/or School Student Records or Information to be Disclosed (“Data”) The items or categories of PII and/or school student records or information which will be disclosed by the Parties to one another pursuant to this Agreement (“Data”) are as follows: A. The College Will Disclose to the District: 1. 2. 3. 4. 5. 6. 7. B. Student name (first, middle, last) Student birth date Student high school and year of graduation Student placements in the College’s reading, composition and mathematics test scores Method of student placements Date of student’s first term at the College Student enrollment, term and grade in the College’s mathematics, natural science, and language arts courses The District Will Disclose to the College: 1. 2. 3. 4. 5. Student name (first, middle, last) Student birth date Student high school and year of graduation Student placements in District courses while in attendance, including placement in the District’s reading, composition, natural sciences and mathematics courses Method of student placements 2 6. 7. Date of student’s enrollment in the District Student enrollment, term and grade in the District’s reading, composition, natural sciences and mathematics courses 8. The student’s involvement in extracurricular activities and programs The Parties agree to share said Data solely for the limited purpose and scope as set forth the preamble recitals above. Disclosure of Data for any other purpose is strictly prohibited, and any such disclosure will be considered a violation of this Agreement. Section 3 Policies and Procedures Protecting Data All Data shared by the Parties under this Agreement are confidential and shall be protected from unauthorized use and disclosure under this Agreement, regardless of whether any data element might be considered “directory” information under FERPA. The Parties agree to comply with all applicable laws and regulations with respect to privacy and data security relative to Data, including but not limited to: FERPA, ISSRA, the Illinois Data Processing Confidentiality Act (30 ILCS 585/et seq.), and the Health Insurance Portability and Accountability Act (Pub. L. 104-191), and the Financial Services Modernization Act of 1999 (Pub. L. 106-102). The Parties shall limit access to Data to those employees who reasonably need access to these Data in order to perform their responsibilities under this Agreement. The Parties shall require those employees who have access to Data under this Agreement to execute affidavits of nondisclosure confirming their individual agreement to handle the Data properly. The Parties shall take steps to maintain the confidentiality of Data at all stages of the Study, including within the final report, by using appropriate disclosure avoidance techniques. The Parties shall employ written procedures prohibiting the transfer or storage of unencrypted Data on a mobile device, removable storage media, or through electronic mail. These procedures shall be made available to each employee authorized to access Data and shall be strictly enforced. The Parties agree to report any breach of these confidentiality provisions, including the information that was compromised, to the other’s Data Custodian within one business day of becoming aware of the confidentiality breach. In addition, the liable party will notify affected parents or students of the breach by certified mail, return receipt requested, within five business days after becoming aware of the breach. Notice will be written in layperson’s terms; will address the nature, type and date of the breach; and will provide the name, address and phone number of the Data Custodian of the party liable for the breach. The Parties shall hold each other harmless and indemnify each other from any all claims brought against one another related to, connected with, or resulting from a security breach. Section 4 Points of Contact/Data Custodians The Parties designate the following individuals as their respective contact persons and primary Data 3 Custodians responsible for managing data relative to this Agreement: For the College Sean O. Hogan, Ph.D. For the District Name Executive Director, Institutional Effectiveness, Planning & Research Title College of Lake County 19351 W. Washington St. Grayslake, IL 60030 Address 847-543-2096 Telephone number sohogan@clcillinois.edu Email address Data transmissions between the Parties shall occur exclusively through the respective Data Custodians. Section 5 Data Analysis and Reporting Data disclosed by the Parties to one another shall only be used for the Study undertaken pursuant to this Agreement. The Parties understand and agree that: A. Data shall only be used to carry out research, analysis and evaluation activities of the Study for the specific purpose described in preamble recitals, above; B. In publishing any results of research, analysis and evaluation which includes Data, such Data may be reported only in a way that does not permit the personal identification of an individual parent or student, either directly (through use of PII), or through inference (combined use of several characteristics that would allow an unauthorized person to identify an individual), by anyone other than representatives of the Parties with legitimate educational interests; C. The Parties will not knowingly re-disclose Data to any persons or entities other that the Parties; and D. The Parties will have in place reasonable policies and procedures, which the other party may monitor or may audit upon request, to prevent such re-disclosure. Section 6 Data Destruction The Parties shall periodically confer with each other and review whether Data received pursuant to this Agreement continues to be needed for the Study. At each such review, the Parties shall prepare a memorandum (“data destruction schedule”) identifying Data the retention of which is no longer required for purposes of the Study and scheduling the destruction of such Data. Thereafter, the Parties shall destroy such Data in accordance with the agreed schedule, by deleting all electronic datasets related to 4 the Study from their servers, and shall record the fact and date of destruction of the Data by noting it on the appropriate data destruction schedule. The Parties will notify each other’s Data Custodian upon data destruction. The Parties agree that all Data received pursuant to this Agreement shall be destroyed in the manner described above, no later than December 31 2020, provided, however, that the final date for destruction may be extended, if necessary, to a later date by written amendment to this Agreement as provided in Section 7(D), below. Section 7 Miscellaneous Provisions A. Effective Date. This Agreement becomes effective upon the date as of which it has been approved by both the College and the District. B. Term of Agreement; Non-Assignability. The initial term of this Agreement shall run from the Effective Date through December 31, 2020, unless terminated on 30 days’ advance written notice by either Party. This Agreement is not transferable or assignable by the Parties. C. Entire Agreement. This Agreement constitutes the entire agreement between the Parties respecting the subject matter hereof, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. D. Amendments. No change, modification or amendment to this Agreement shall be valid unless reduced to writing and approved by the Parties’ authorized representatives. E. Indemnification. It is understood and agreed that neither party to this Agreement shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other, unless such liability is imposed by law and this Agreement shall not be construed as seeking to enlarge or diminish any obligation or duty owed by one Party against the other Party or against third parties. In addition to the foregoing, the Parties will hold each other harmless for any error or omission in analysis, interpretation or judgment based upon shared Data. The Parties reserve the right to alter any student record at any time without notice. F. Business Relationship. In the performance of this Agreement, the Parties are at all times acting as independent contractors and neither of them nor their respective employees shall claim to be employees, partners, joint venturers, or agents of the other. G. Non-Exclusivity. This Agreement is intended to be non-exclusive. It shall not prevent either Party from entering into similar agreements with other institutions or organizations. H. Good Faith and Dispute Resolution. The Parties agree to use their best, good faith efforts to promote mutually beneficial program participation. In the event of a dispute arising under this 5 Agreement which cannot be resolved informally by the Parties’ respective representatives, the Parties agree to first engage in mediation to resolve the conflict. If mediation is unsuccessful, the Parties shall then engage in binding arbitration pursuant to the procedures of the American Arbitration Association, in lieu of litigation. I. Severability. If for any reason, any provision of this Agreement is determined by an arbitrator, or court of law, to be invalid or unenforceable, that provision shall be deemed severed and the balance of the Agreement shall remain in full force and effect. The failure of a Party to this Agreement to insist upon strict and prompt performance of the terms and conditions shall not constitute or be construed as a waiver or relinquishment of that Party’s right thereafter to enforce any such term or condition, but the same shall continue in full force and effect. J. Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Illinois. K. Signature in Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. WHEREFORE, the Parties by their respective officers have executed this Agreement on the dates set forth below. By signing this Agreement, the signatories affirm that they are authorized to commit their respective Party to the terms of this Agreement. Community College District No. 532, Lake Zurich High School District 95 __________________________ Sean O. Hogan, Ph.D. Executive Director Institutional Effectiveness, Planning & Research College of Lake County ______________________________ [Insert Name, Insert Title] __________________________ Date ______________________________ Date 6 [ON LETTERHEAD] AFFIDAVIT OF NONDISCLOSURE The College of Lake County (the “College”) has entered into a Shared Data Agreement (“Agreement”) for Educational Study with Lake Zurich High School District 95 (the “District”), pursuant to which the District has agreed to share certain items or categories of personally identifiable information from its education records and/or school student records or information (“Data”) with the College. The District is authorized to use such information solely for the limited purpose and scope set forth in the Agreement. As part of the Agreement, the College and District have agreed to keep such Data confidential and to protect it from unauthorized use and disclosure in accordance with all applicable laws and regulations, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”) and the Illinois School Student Records Act (“ISSRA”). In addition, the District has agreed to require that any of its employees accessing such Data execute this Affidavit of Nondisclosure indicating his or her individual agreement to handle the Data properly. In accordance with the foregoing, I, _____________________________________, do solemnly swear that when given access to the Data described above: 1. I will keep such information confidential and protect it from unauthorized use and disclosure in accordance with all applicable laws and regulations, including but not limited to the FERPA and ISSRA; 2. I will comply with the District’s internal confidentiality policies and procedures as modified from time to time; 3. In compliance with the Agreement, I shall not transfer and/or store unencrypted Data on a mobile device, removable storage media, or through electronic mail; and 4. I will not disclose such Data to any individuals who have not executed a copy of this Affidavit of Nondisclosure (other than authorized employees of the College or District). IN WITNESS WHEREOF, the undersigned has executed this Affidavit of Nondisclosure as of the date written below. BY: _____________________________________ [Insert Name, Title] SUBSCRIBED AND SWORN to before me this ______ day of September, 2015. _______________________________ Notary Public MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2016 FY16 Cash Flow (Informational) Attached is the cash flow projection for FY16. The months of July through December represent actual figures reconciled to the cash at the month end. Projections are provided for January through June. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 LAKE ZURICH CUSD 95 CASH FLOW PROJECTIONS 2015-2016 CASH BALANCE-BEGINNING ACTUAL July Fun# 1000 3000 4000 REVENUE SOURCES LOCAL SOURCES STATE SOURCES FEDERAL SOURCES SALE OF PROPERTY TRANSFERS BETWEEN FUNDS TOTAL REVENUE BALANCE SHEET CHANGES: RECEIVABLES PAYABLES TOTAL B/S CHANGES Obj # 1000 2000 3000 4000 5000 6000 7000 6000 $ 71,813,523 $ 67,866,880 $ 63,760,274 $ 91,541,299 $ EXPENDITURES SALARIES EMPLOYEE BENEFITS PURCHASED SERVICES SUPPLIES CAPITAL OUTLAY OTHER OBJECTS NON-CAPITALIZED EQUIP. TRANSFERS BETWEEN FUNDS PRINCIPAL AND INTEREST TOTAL EXPENDITURES CASH BALANCE-ENDING ACTUAL August 932,141 1,077,949 7,694 3,448,427 1,920,565 242,198 397,948 5,466,212 2,560,711 ACTUAL September ACTUAL October 87,284,067 $ ACTUAL November 75,379,711 $ 70,587,909 $ 65,231,167 $ 59,755,201 $ 54,699,127 $ ACTUAL December 34,814,886 194,020 60,803 - 1,739,201 202,377 16,907 482,064 767,540 194,044 140,525 500 713,591 1,344,463 14,759 35,069,709 2,440,550 1,102,608 344,038 2,416,851 (34,172) (34,172) (137,792) (137,792) (80,837) (80,837) 239,255 239,255 23,068 23,068 110,064 110,064 2,992,878 510,899 1,064,143 312,063 4,382,897 110,874 4,929 2,922,683 512,396 606,101 355,712 1,235,750 352,216 307,369 3,936,198 732,217 710,531 282,420 986,310 329,853 124,379 4,140,260.26 827,956.99 970,000 392,254 93,286 514,694 (2,214) 4,068,443.26 744,733.04 913,423 277,554 241,007 156,297 11,576 9,378,683 237,298 6,529,525 105,941 7,207,848 799 6,937,037 6,617,000 13,030,033 3,860,059.04 726,698.51 549,648 312,312 122,254 208,938 204,770 344,038 990,000 7,318,717 $ 67,866,880 $ 63,760,274 $ 91,541,299 $ 87,284,067 $ 75,379,711 $ PROJECTED January 263,671 205,985 21,044 490,700 - PROJECTED February 250,000 190,000 330,000 770,000 - PROJECTED March 355,000 990,000 151,000 1,496,000 - PROJECTED April 580,000 1,630,000 18,000 2,228,000 - 50,507,274 $ 47,161,007 PROJECTED May 2,850,000 180,000 331,000 37,000,000 185,000 38,000 3,361,000 24,952 37,247,952 - 3,776,845.15 718,673.51 794,230 205,881 6,000 299,360 46,454 3,940,547.24 718,418.27 700,000 330,000 150,000 400,000 7,000 4,238,152.04 757,522.71 775,000 275,000 80,000 425,000 1,400 3,890,621.19 711,231.44 875,000 450,000 50,000 420,000 23,000 3,983,674.13 725,640.83 925,000 450,000 150,000 425,000 30,000 5,847,443 6,245,966 6,552,075 6,419,853 17,952 6,707,267 70,587,909 $ 65,231,167 $ 59,755,201 $ 54,699,127 $ 50,507,274 $ Salary as a % of FY 15 Average of July '15 to June '16 99.5% 99.5% 99.8% 99.7% 103.7% 101.0% 108.6% 102.9% 104.0% 103.1% 99.5% 102.5% 104.3% 102.8% Benefits as a % of FY 15 Average of July '15 to June '16 As a % of Salary Expense 95.9% 95.9% 17.1% 97.4% 96.7% 17.5% 101.1% 98.1% 18.6% 106.1% 100.1% 20.0% 105.4% 101.2% 18.3% 99.4% 100.9% 18.8% 106.4% 102.6% 19.0% PROJECTED June PROJECTED FY 16 BUDGET FY 16 82,186,595 6,636,035 1,527,682 3,930,992 368,990 94,650,294 82,033,024 6,862,400 1,808,590 3,930,491 350,239 94,984,744 47,486,502 8,555,052 10,083,075 4,414,158 7,622,503 4,067,232 1,163,663 368,991 8,130,990 91,892,166 47,836,336 8,870,806 10,377,975 5,204,525 8,000,669 4,066,539 1,125,292 350,239 8,130,990 93,963,371 5,736,141.27 868,664.97 1,200,000 770,962 125,000 425,000 405,000 24,953 162,000 9,717,721 47,161,007 $ 74,691,238 $ 2,758,128 $ 1,021,372 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2016 Quarterly Financials – 2nd Quarter FY16 Attached are the revenue and expenditures comparing the budget to actuals through the second quarter of FY16. Overall the reports are similar to previous years. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 Lake Zurich CUSD 95 REVENUE ACTUAL COMPARED TO BUDGET FOR THE SIX MONTHS ENDED 12/31/2015 2015-2016 Budget Percentage Percentage Percentage Actual as of Received Received Received 12/31/2015 as of 12/31/15 as of 12/31/2014 as of 12/31/2013 Education Fund General Levy Interest Earnings Food Service Sales Fees CPPRT Other Local Sources Total Local Revenue 56,262,272 45,000 1,463,000 1,750,500 166,000 479,000 90.7% 27,719,760 39,148 673,965 762,808 3,004 513,124 49.3% 87.0% 46.1% 43.6% 1.8% 107.1% 49.7% 54.9% 45.4% 42.6% 83.6% 99.5% 48.5% 53.5% 49.6% 38.4% 32.4% 235.1% $ 60,165,772 $ 29,711,809 49.4% 49.8% 48.1% 2,134,635 2,257,365 38,500 970,160 1,154,547 9,037 45.4% 51.1% 23.5% 45.9% 23.0% 45.5% 45.5% 46.1% 41.8% State Aid Special Education/Bilingual Other State Total State Revenue 6.7% $ 4,430,500 $ 2,133,744 48.2% 33.1% 45.8% Total Federal Revenu 2.6% $ 1,711,315 $ 66,307,587 $ 610,335 $ 32,455,888 35.7% 48.9% 54.8% 48.7% 46.0% 47.9% 50.9% 78.7% 42.4% 152.7% 45.7% 0.0% 52.1% 37.5% 113.4% 49.9% 0.0% 53.9% 65.1% 139.5% Education Fund Total* Operations and Maintenance Fund Direct Financing Sources: General Levy CCPRT Interest Earnings Facility Rentals Other Local Sources Other Financing Sources: 7140 Permanent Transfer 7300 Sale/Comp for Fixed Assets 9,935,099 10,000 290,000 133,200 5,058,434 7,866 123,058 203,372 7,000 500 0.0% 0.0% 0.0% Total Local Revenue $ 10,375,299 $ 5,393,230 52.0% 46.2% 50.9% Total State Revenue $ $ - 0.0% 0.0% 100.0% Total Federal Revenue $ $ - 0.0% 51.2% 0.0% 45.8% 0.0% 51.4% 150,000 - Operations and Maintenance Fund Tot $ 10,525,298 $ 5,393,230 Debt Service Fund Direct Financing Sources: General Levy Interest Earnings Other Financing Sources: 7440 Permanent Transfer Educ 7540 Permanent Transfer Educ 7600 Permanent Transfer O & M 7700 Permanent Transfer O & M Debt Service Fund Total 7,758,597 7,000 3,861,898 6,224 49.8% 88.9% 50.1% 38.5% 49.9% 55.9% 96,541 9,400 213,121 24,177 $ 8,108,836 96,541 9,400 213,121 24,976 $ 4,212,160 100.0% 100.0% 100.0% 103.3% 51.9% 100.0% 100.0% 92.3% 97.4% 52.1% 92.2% 97.1% 0.0% 0.0% 51.3% 1,272,766 108,000 13,500 2,281,900 651,959 61,235 6,349 1,120,209 51.2% 56.7% 47.0% 49.1% 59.5% 63.8% 42.7% 25.2% 49.5% 59.9% 49.0% 51.1% Transportation Fund Direct Financing Sources: General Levy Fees Interest Earnings State Aid and Grants Other Local Other Financing Sources: 7130 Permanent Transfer 7300 Sale of Equipment - - 0.0% 0.0% 0.0% 0.0% 40.4% 0.0% 100.0% 72.1% 47.1% 46.5% 74.0% 7.7% 40.4% 46.7% 3,930,491 $ 7,606,657 3,930,492 $ 5,770,244 2,046,665 100,000 1,500 97,275 $ 2,245,440 985,609 100,000 1,520 1,097 28,303 $ 1,116,528 48.2% 100.0% 101.3% 29.1% 49.7% 48.4% 52.1% 64.0% 9.0% 66.6% 49.5% 45,000 2,000 32,136 1,541 71.4% 77.0% 130.3% 171.9% 43.5% 76.7% 0.0% $ 33,677 0.0% $ 47,000 71.7% 10056.3% 43.6% $ $ 72,866 2,049 74,915 52.0% 53.9% Working Cash Fund Total 140,125 3,800 143,925 52.1% 29.2% 35.8% 0.0% 29.4% 37.7% 46.0% 100.0% 62.6% Total All Funds $ 94,984,743 $ 49,056,642 51.6% 50.3% 50.9% Transportation Fund Total 100.0% 75.9% IMRF Fund General Levy Corporate Personal Property Tax Interest Earnings State Sources Federal Sources IMRF Fund Total Capital Projects Fund Direct Financing Sources: Impact Fees Interest Earnings Other Financing Sources: 7300 Sale of Property 7800 Transfer from O & M Capital Projects Fund Total Working Cash Fund General Levy Interest Earnings Other Local *Does not include "on-behalf" payments Lake Zurich CUSD 95 EXPENDITURE ACTUAL COMPARED TO BUDGET FOR SIX MONTHS ENDED 12/31/2015 2015-2016 Budget Actual Year to Date 12/31/2015 Percentage Percentage Percentage Expended Expended Expended as of 12/31/15 as of 12/31/14 as of 12/31/13 Education Fund Salaries Benefits Purchased Services Supplies and Material Capital Outlay Dues and Fees Non Capitalized Equipment Termination of Benefits 8400 8500 8600 8700 Transfer to Debt - Principal Transfer to Debt - Interest Transfer to Debt - Principal Transfer to Debt - Interest Education Fund Total* 45,424,336 20,799,591 6,731,606 3,065,428 4,767,420 2,195,106 2,664,995 916,481 344,461 73,875 3,437,300 1,329,225 1,270,641 541,442 $ 64,640,759 $ 28,921,147 96,541 96,541 9,400 9,400 213,121 213,121 24,177 24,176 $ 343,239 $ 343,238 $ 64,983,998 $ 29,264,385 45.8% 45.5% 46.0% 34.4% 21.4% 38.7% 42.6% 0.0% 44.7% 100.0% 100.0% 100.0% 100.0% 100.0% 45.0% 45.9% 45.9% 47.2% 38.6% 67.7% 37.8% 31.4% 0.0% 44.7% 100.0% 100.0% 92.3% 97.4% 100.0% 45.3% 45.7% 48.2% 46.1% 34.7% 43.4% 34.8% 50.5% 0.0% 44.9% 0.0% 0.0% 92.2% 97.1% 93.2% 45.1% Operations and Maintenance Fund Salaries Benefits Purchased Services Supplies and Materials Capital Outlay Dues and Fees Non Capitalized Equipment Operations & Maintenance Fund Total 895,900 159,850 3,522,355 2,196,030 2,925,000 278,000 185,000 $ 10,162,135 $ 460,827 78,332 1,887,854 930,929 2,604,338 865 89,477 6,052,623 51.4% 49.0% 53.6% 42.4% 89.0% 0.3% 48.4% 59.6% 48.4% 47.8% 54.7% 46.3% 96.7% -0.1% 27.6% 65.5% 42.0% 50.1% 56.3% 42.7% 79.7% 0.1% 47.0% 53.6% $ 3,000 8,130,990 7,000 8,140,990 $ 425 7,951,038 7,951,463 14.2% 97.8% 0.0% 97.7% 8.9% 97.8% 0.0% 97.6% 8.9% 97.7% 0.0% 97.5% $ 1,516,100 199,345 2,085,200 343,500 4,731,208 1,000 19,890 8,896,243 $ 660,104 93,665 730,460 84,905 4,726,528 345 19,890 6,315,897 43.5% 47.0% 35.0% 24.7% 99.9% 34.5% 100.0% 71.0% 42.6% 43.5% 40.3% 34.3% 0.0% 28.1% 0.0% 40.7% 45.3% 44.9% 38.2% 35.7% 99.7% 20.3% 0.0% 73.5% $ 1,780,005 1,780,005 $ 817,476 817,476 45.9% 45.9% 44.7% 44.7% 46.1% 46.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Debt Service Fund Purchased Services Principal and Interest Payments 8140 Transfer of Interest Income Debt Service Fund Total Transportation Fund Salaries Benefits Purchased Services Supplies and Materials Capital Outlay Dues and Fees Non-Capitalized Equipment Transportation Fund Total IMRF/Social Security Fund Employee Benefits IMRF/Social Security Fund Total Capital Projects Fund Purchased Services Supplies and Materials - - Captial Outlay Non-Capitalized Equipment $ - $ Working Cash Fund Total $ - $ Total All Funds $ 93,963,371 Capital Projects Fund Total - 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% - 0.0% 0.0% 0.0% $ 50,401,844 53.6% 52.4% 53.3% Working Cash Fund Other Objects *Does not include "onābehalf" payment - MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2015 Commercial Property Tax Appeal The Village of Lake Zurich sent a letter to the District regarding a property appeal that has reached the Property Tax Appeal Board level. The properties are located at 477 Rand Road, 696-728 South Rand Road and 744-888 South Rand Road. A general review of the property tax process in Lake County is as follows: 1) Township Assessor – determines the value estimate for property. 2) Chief County Assessment Office – applies township equalization factor to assessor values. Mails assessment notices. 3) Board of Review – holds assessment appeal hearings 4) County Clerk – applies state equalization factor. Applies tax rate based upon levy requests 5) Treasurer – mails tax bills and collects taxes. Annually assessments are appealed to the Lake County Board of Review. These are done prior to the tax rate being applied. So any change in valuation as a result of Board of Review action impacts the tax rate to generate the appropriate tax extension. So there is no impact to the revenue received by the taxing body. If the property owner is not satisfied with the Board of Review’s determination they can choose between two of the options below: 1) They may take their appeal to the State Property Tax Appeal Board, a five-member board appointed by the Governor. The State Property Tax Appeal Board’s decisions are subject to administrative review in Circuit Court, should the taxpayer so desire to take it to that level. Taxpayers that take their cases to the State Property Tax Appeal Board can argue solely on their property’s value and the correctness of assessments. 2) The other alternative for taxpayers is to appeal the decision of the County Board of Review directly to the Circuit Court. When taxpayers go to court to challenge the assessment, however, they must prove either fraud on the assessor’s part, or that their assessment is so high that it is “constructively” fraudulent. The impact of a decision at the Property Tax Appeal Board level is a favorable determination for the property owner means that the tax dollars are returned to the property owner in a future tax year as a deduction to the taxes remitted to the taxing body receives. There is not any Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 recalculation to redistribute the burden. It can take many years to settle these cases. Many of these are resolved by a settlement agreement. The Chief Assessment Office has the responsibility to represent the taxing bodies. Taxing bodies also can file as an intervener within a stipulated time frame. This status allows the taxing body to participate in the process. The taxing body utilizes legal counsel and often incurs appraisal fees. So the amount of the request impacts the benefit of opposing an appeal. Often since it takes a number of years to settle an appeal they can start to stack up for multiple years. They are then usually dealt with at one time. The appeal for 477 Rand Road and 696-728/744-888 South Rand Road are two separate appeals. They are owned by one property owner. For the property South Rand Road is requesting a reduction of $1,231,674 and for the 477 Rand Road the property owner is requesting a reduction of $2,815,693. If the property owner prevailed on both petitions it would mean that the District would be required to return $214,429.50 plus interest. The Village of Lake Zurich has filed as an intervenor on these two petitions. They have contacted the District’s administration to see if we would be willing to enter into a cost sharing agreement for this specific appeal as well as entering into an agreement for future interventions. The Village of Lake Zurich has recently approved a Resolution Authorizing Intervention in all 2014 through 2016 Tax Appeals before the Lake County Board of Review and the State of Illinois Property Tax Appeal Board. I would like to have a discussion with the Board about this matter. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan and Lyle Erstad February 11, 2016 Custodial Contract Extension Three years ago in February of 2013 the District received proposals to provide custodial services to the district. FBG was selected to provide custodial services to the District. The original contract was for three year and will be expiring on June 30, 2016. Lyle and I are recommending extending the contract for an additional year. It is a major undertaking to change this type of service provider. Lyle works closely with FBG throughout the year. Additionally, we spoke with principals about their service during our recent principal meetings. FBG has provided satisfactory service to the District. They have been responsive when we have brought concerns to their attention. The current base contract is $1,213,396.20 With the Affordable Care Act they have been required to provide insurance to their full-time employees. This was a cost that was not included when the contract was bid. FBG has requested that we increase the contract based on the current cost of the benefit to create a new base number. Then for subsequent years they would be eligible for an increase on the new bases. Currently there are 10 employees at $424.34 x 12 months = $50,920.80. The proposed new contract amount would be $1,213,396.20 x .7% (CPI) = $1,221,889.97 + $50,920.80 = $1,272,810.77 If the Board agrees to this proposal it would come to the Board for approval at the regular Board meeting on February 25th. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2016 Point of Service The business office, technology and food service staff have been reviewing software options to replace the current point of service software for our food service program. The current software is being phased out and will no longer be supported. This review of new software involved how it functions for food service staff, how it meets the requirements to comply with the National School Lunch Program reporting requirements, how it can be supported from an IT standpoint and how user friendly is it for our parents. The review team narrowed down the choice to three products. The three were brought in for demonstrations to the review team. References with local users were checked. The first choice of the team was PushCoin from Geneva, Illinois. Members of the team conducted a site visit to Geneva School District that currently uses PushCoin and Sodexo. PushCoin is a relatively new company that has designed a sophisticated Point of Sale and accountability system with the parents in mind. It meets the need of the school district with ease of implementation and customization options but it really sets itself apart in the parent interface. Some of the parent features are: 1) Add money quickly and transfer money real time between students accounts via their website that is mobile friendly; 2) Add funds to all students in a family at once; 3) Parents can select the desired level of communication including the option for notification of daily purchases; and 4) Lower credit card fees. PushCoin employs Touch ID technology to speed service in the serving line and protect student accounts. Parents have the option of opting out of this feature at the time of enrollment and student can be looked up by their name. There are several options for putting money on a student’s account: 1) A credit card which has a fee of 2.79% +$.025 which is paid by the parent (this is a pass through charge, if they can negotiate a lower fee the price will go down); 2) Echeck at no cost to the parent or 3) Cash or check at the school. There is no initial hardware or software cost for the system to District 95. PushCoin is compensated per transaction. The fee per transaction is $.10 or 1.5% whichever is less. For free and reduced lunches the cost per transaction is $.00675. This fee can be absorbed in our current lunch program pricing structure. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 Currently PushCoin is used at Geneva CUSD 304, Saint Charles CUSD 303, River Bend CUSD 2, DeKalb CUSD 428, Wheaton Academy and Forest Park SD 91. They were recently approved at CUSD 300 for their webstore. Attached is a draft of the contract we would be signing. It has been reviewed by the Board’s legal counsel. If approved by the Board will be targeting implementation for April. The final contract would come to the Board for approval at the February Board of Education Meeting. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 SERVICE AGREEMENT BY AND BETWEEN PUSHCOIN, INC. AND THE BOARD OF EDUCATION OF LAKE ZURICH COMMUNITY UNIT SCHOOL DISTRICT NO. 95 This Agreement, dated the _____ of _____, (“Agreement”) is entered into by and between PushCoin, Inc., an Illinois Corporation (“PushCoin”), and the Board of Education of Lake Zurich Community Unit School District No. 95, Lake County, Illinois (“Board” or “School District”), (collectively, the “Parties”). WITNESSETH: WHEREAS, the Board wishes to utilize the point of sale services (“Services”) of PushCoin; and WHEREAS, the Parties wish to memorialize the terms and conditions of their agreement as set forth below. NOW THEREFORE, in consideration of the mutual promises herein set forth and other good and valuable consideration which is hereby acknowledged by the Parties, it is agreed as follows: 1. INCORPORATION OF RECITALS. The recitals set forth above are true and correct and are incorporated in this Section by reference. TERM. This agreement shall have an initial term of one (1) year from and after 2. the Effective Date and shall automatically renew for successive one year terms. This Agreement may be terminated by the School District for convenience, upon thirty (30) days written notice. PushCoin may only terminate the agreement due to a breach in terms, conditions, covenants or warranty of the Agreement and fails to cure such breach within ninety (90) days of receipt of written notice. The Effective Date of this Agreement shall be the date of the last party to sign this Agreement. 3. SERVICES. PushCoin shall provide point of sale equipment to the School District at the rate set forth in Exhibit A. 4. INDEMNIFICATION. To the fullest extent permitted by law, PushCoin agrees to indemnify and hold harmless the Board, its board members, officers, employees, students, volunteers, and agents (“Indemnitees”) against all loss, liability, claims or expenses (including reasonable attorney’s fees) arising out of, related to or connected with PushCoin’s acts or omissions under the Agreement, or any breach of the Agreement. 5. INSURANCE. PushCoin shall obtain and maintain in effect during the term of this Agreement, at its own expense, commercial general liability insurance in the amount of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. PushCoin shall name the Page 1 of 5 Indemnitees as an additional insureds on such policies. Such policies will be primary and noncontributory and will specifically cover PushCoin’s indemnification obligations under this Agreement. To the extent that PushCoin is required by law to maintain worker’s compensation insurance, PushCoin shall maintain worker’s compensation insurance in the amounts required by law. PushCoin shall provide the Board with certificates of insurance verifying such coverage. PushCoin may utilize umbrella or excess insurance to meet the requirements of this Paragraph. Such excess or umbrella policies shall be subject to the same requirements of the commercial general liability insurance and such policies shall follow the commercial general liability insurance policy. 6. RETURN AND USE OF DATA. Within ten (10) days of termination of this Agreement, PushCoin shall return to the Board all information and data that the Board provided to PushCoin. Such information will be provided to the Board in the same format that it was provided to PushCoin. Thereafter, PushCoin shall remove all student information from its systems. PushCoin will not collect any user data from the Board for purposes that are not directly related to the use of the Services hereunder. PushCoin will not sell any user data from the Board’s licenses and will not host any of the Board’s data outside of the United States of America. The obligations of this Paragraph shall survive the termination of this Agreement. 7. USE, RECEIPT, DISCLOSURE, AND DESTRUCTION OF STUDENT DATA. PushCoin and the Board recognize that in the course of working together, PushCoin may be provided with access to individually identifiable student information, including personally identifiable information. PushCoin shall only allow its employees and the Board to access such information as may be necessary to provide the Services under this Agreement. PushCoin shall not use or allow access to personally identifiable information, except in accordance with the requirements of the Board, law, and regulations. PushCoin will comply with all applicable laws and/or regulations in providing its Services under this Agreement and the Documents, including the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/1 et seq. and the Illinois School Student Records Act, 105 ILCS 10/1 et seq., with respect to privacy, data security, and destruction relative to information and data about students and their parents. PushCoin shall not transfer personally identifiable information out of the United States. The obligations of this Paragraph shall survive the termination of this Agreement. SECURITY AND BREACH NOTIFICATION. PushCoin shall implement and 8. maintain appropriate security protocols to prevent third-party access to information and data provided by the Board. In the event that the security of information or data provided by the Board is breached, PushCoin must notify the Board of the breach immediately and inform the Board of the information that was compromised. The obligations of this Paragraph shall survive the termination of this Agreement. 9. REQUESTS FOR DISTRICT INFORMATION OR DATA. In the event that PushCoin receives a request from a third party, including a subpoena, for information or data provided by the Board, it shall promptly notify the Board of said request and allow the Board to intervene on PushCoin’s behalf. The obligations of this Paragraph shall survive the termination of this Agreement. Page 2 of 5 CONFIDENTIALITY. PushCoin shall cause each officer, director, employee 10. and other representative who shall have access to any personally identifiable student record information of School District students (hereinafter “Confidential Student Records”) during the term of the Agreement (collectively, the “Authorized Representatives”) to maintain in strict confidence and trust all Confidential Student Records. The Company shall take all reasonable steps to insure that no Confidential Student Records are disclosed to any person or entity except those who (i) are Authorized Representatives of the Company performing functions for the Board under the Agreement and have agreed to be bound by the terms of this Agreement; (ii) are authorized representatives of the Board, or (iii) are entitled to such Confidential Student Records from PushCoin pursuant to federal and/or Illinois law. PushCoin shall use Confidential Student Records, and shall take all reasonable steps necessary to ensure that its Authorized Representatives shall use such records, solely for purposes related to and in fulfillment of the performance by the Company of its obligations pursuant to the Agreement. The identity of Authorized Representatives having access to the Confidential Student Records will be documented and access will be logged. 11. SCHOOL OFFICIAL EXCEPTION. Upon expiration of the term of the Agreement, or upon the earlier termination of the Agreement for any reason, PushCoin covenants and agrees that it promptly shall deliver to the Board, and shall take all reasonable steps necessary to cause each of its Authorized Representatives promptly to deliver to the Board, all Confidential Student Records of District students. PushCoin hereby acknowledges and agrees that, solely for purposes of receiving access to Confidential Student Records and of fulfilling its obligations pursuant to this provision and for no other purpose (including without limitation, entitlement to compensation and other employee benefits), PushCoin and its Authorized Representatives shall be deemed to be school officials of the School Board, and shall maintain the Confidential Student Records in accordance with all federal state and local laws, rules and regulations regarding the confidentiality of such records. The non-disclosure obligations of the Company and its Authorized Representatives regarding the information contained in the Confidential Student Records shall survive termination of the Agreement. The Company shall indemnify and hold harmless the School Board from and against any loss, claim, cost (including attorneys' fees) or damage of any nature arising from or in connection with a breach by the Company or any of its officers, directors, employees, agents or representatives of the obligations of the Company or its Authorized Representatives. 12. COMPLIANCE WITH LAWS, AUTHORITY TO EXECUTE AND THIRD PARTY BENEFICIARIES. PushCoin shall comply with all applicable laws, ordinances rules, regulations and codes, including but not limited to the requirements of the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. and the provision of sexual harassment policies and procedures pursuant to Section 2-105 of that Act as well as Section 750.10 and Appendix A of the regulations of the Illinois Department of Human Rights, 44 Ill. Admin. Code 750.10, 750.Appendix A in providing the Services under this Agreement. PushCoin also agrees to comply with all federal Equal Employment Opportunity Laws, including, but not limited to, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq., and rules and regulations promulgated thereunder. Additionally, PushCoin represents and warrants that it is not barred from entering into this Agreement as a result of a conviction of bid rigging or bid rotating or the Page 3 of 5 violation of any other State or Federal law. Each signatory hereto represents and warrants that he/she has the corporate authority to execution this Agreement and bind his/her respective entity to the terms hereof. Nothing in this Agreement is intended to or shall be construed to grant any third party any rights or benefits. 13. GENERAL PROVISIONS. This Agreement between the parties hereto shall be binding on the parties only upon execution by an authorized representative of both parties. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of the Agreement. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. This Agreement and the Documents shall be governed by the laws of the State of Illinois. Any litigation concerning this Agreement shall be prosecuted in Lake County, Illinois or the United States District Court for the Northern District of Illinois, Eastern Division. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly designated officials as of the dates set forth below. PUSHCOIN, INC. BOARD OF EDUCATION LAKE ZURICH COMMUNITY UNIT SCHOOL DISTRICT NO. 95, LAKE COUNTY, ILLINOIS By: __________________________________ By: _______________________________ Its: __________________________________ Its: _______________________________ Date: _________________________________ Date: _____________________________ 301916_1 Page 4 of 5 EXHIBIT A FEE SCHEDULE Merchant Services Price Setup Fee $0.00 Service Transaction Fee $0.10 or 1.5%, whichever is less Minimum Service Transaction Fee $0.00675 Monthly Point-of-Sale Hardware Lease Free unit per every 300 students $19.95 per additional terminal Monthly School Web Store Fee $0.00 ACH Services Price ACH Monthly Fee $0.00 ACH Transaction Fee $0.00 ACH Reject or Return Item Fee $0.00 Based on 4 day bank clearing time. Credit Card Processing fees are subject to Credit Card Processor's Fee Schedule. Signed: ______________________________ Page 5 of 5 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2016 Non-resident tuition Illinois School Code states that only those students who are residents of the District may attend a district’s schools on a tuition free basis. In some cases students are accepted for enrollment on a tuition paying basis, and the School Code allows for collection of those payments calculated as follows: “tuition in an amount not exceeding 110% of the per capita cost of maintaining the schools of the district for the preceding year.” The Annual Financial Report dated June 30, 2015 shows that 110% of the per capita tuition cost is $13,996.94 ($12,233.72 last year). There are a number of lines that impact the Per Capita Tuition Charge and can create a variance from year to year. The most significant difference from the prior year is how our debt payment was structured. The principal portion of the bond payment is deducted in the calculation but not the interest portion of the payment. Last year the majority of the bond payment was a principal payment, this year it was more evenly split between principal and interest. Payments from the O&M Fund that are charged as capital improvements are deducted, but if there is a large purchased service project it is not deducted. The higher proration of state funding decreases the offsetting revenues that are deducted in the formula. These are examples of why it is difficult to draw a comparison of the Per Capita Tuition Charge from year to year. The approval of the non-resident tuition rate will come for approval at the February 25, 2016 Board meeting. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Vicky Cullinan February 11, 2016 Facility Usage – Performing Arts Center Annually the Board approves the facility usage fees paid by groups to use the District’s facilities. This month we will be considering the fees for the Performing Art Center. The amount paid by groups is based on their classification. I have attached the descriptions of the classifications. My understanding is that the rates were raised significantly for the 2010-2011 school year. They have stayed relatively the same with only some minor adjustments. The PAC has generated 2012 – 2013 2013 – 2014 2014 – 2015 2015 – 2016 YTD the following revenue: $ 81,238.00 $121,354.25 $125,686.00 $ 67,570.00 Periodically PAC Director, Marcel Graham, will compare our pricing structure to similar venues. Marcel has indicated that our theatre space is unique in size versus amenities. Since the pricing structures are hard to compare and there are many variables he costed out two different scenarios to compare. The first scenario is a weekday multiday rental with 9 hours of rental time over the course of two days and second is a week day 5 hour rental on one day. Effort was made to use comparably sized venues with 500 to 900 seats. Scenario one: Dance Recital Thursday 4 hours Rehearsal Friday 5 hours Using dressing rooms Using Audio Using basic lighting 2 Students for 9 hours each 18 hours total Tech Director for 9 hours total Scenario two: Concert Wednesday 5 hours total Using dressing room Using Audio Using basic lighting 1 Student for 5 hours Tech director for 5 hours Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 Venue Lake Zurich PAC Wauconda HS College of Lake Count y High School Dist rict 211 Naperville CUSD 203 Libert yville HSD 128 High School Dist rict 214 Scenario I $ 3,595.00 $ 2,390.00 $ 2,798.00 $ 1,267.00 $ 1,885.80 $ 2,669.68 $ 2,576.48 Scenario II $ 1,910.00 $ 1,800.00 $ 1,599.00 $ 657.00 $ 1,041.00 $ 1,714.95 $ 1,580.86 In reviewing past evaluations, Marcel observed that there has been very little or no movement in venue pricing since 2009. We believe our space is unique. The way we run it is unique and our quality is extraordinary and our current price reflects that. We are currently fully booked. We are not recommending any change to our pricing structure. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 Performing Arts Center Rates Fine Arts Facility Band/Orchestra Room Choral Room Dressing Room, per day Performing Arts Center ** - 679 Seat Fixed – 4 hour min. With Theatrical Lighting Rehearsal Rate for Performing Arts Center Black Box (50 seats moveable) – 4 hour min. With Theatrical Lighting Theatrical Lighting Set Up – One-time fee (Rep plot adding up to 6 specials) Theatrical Lighting Set up Fee (Rep plot PLUS special added design) Practice Rooms Personnel – Hour Rate / Person Audio-visual (plus 1 hour before and after) Custodial (non-attendance days or after hours) Student Technical Crew, per crew member (plus 1 hour before and after) Technical Director/Designer Equipment and Services AV Machines (not installed in theater) Lectern Microphone / Sound System Piano, Grand Piano, Spinet Platform Risers Choral / Band Shell (one time set-up fee) Weekend Heat / Air Conditioning Unless indicated otherwise, fees are listed per hour. Class I N/A N/A N/A N/A N/A N/A N/A N/A N/A Class II $45.00 $45.00 $35.00 $150.00 Included $105.00 $55.00 $60.00 $20.00 Class III $45.00 $90.00 $70.00 $300.00 Included $210.00 $110.00 $120.00 $40.00 N/A REIMB REIMB N/A $15.00 $15.00 N/A N/A N/A $15.00 $35.00 $15.00 $25.00 $35.00 $15.00 N/A $45.00 $45.00 N/A N/A N/A N/A N/A N/A N/A N/A $40.00 $20.00 $40.00 $70.00 $50.00 $30.00 $55.00 $150/day $45.00 $20.00 $40.00 $70.00 $50.00 $30.00 $85.00 $150/day REIM - Reimbursement of direct expenses to the district (personnel, equipment, security and support personnel for each hour of rental. ** Must include technical staff personnel/hour A rehearsal rate is available for renter who commits to a minimum of a 16 hour block per show/production Class II and III are charged the rental fees shown plus reimbursement of direct expenses to the district. Weekly Rates: To qualify for a discounted weekly rate you must commit to 40 hours over a consecutive seven day period. Any rental that exceeds 40 hours in one seven day period will be billed at the DISCOUNTED rate for each additional hour. See PAC Manager for details. All items that are brought into the PAC for a production MUST be removed on the last day of the contract. Any abandoned items will be disposed of and the cost will be billed to the renter. The disposal will include a minimum $25.00 per man hour disassembly fee and a $250.00 disposal fee for items larger than 4ft x 4ft. A $50.00 per day storage fee may be applied for items that need to be picked up at a later date. Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 Community Unit School District Rental Classifications and Rates Class I - School Affiliated Organizations • All approved student organizations of District 95; fine arts, athletics, alumni association, etc. • District 95 event Class II – Non Profit Community Groups /Other Taxing Organizations –Within District (must provide proof of NFP status in order to receive Class II rates) • Tax supported bodies within District 95; public schools, park district, villages, police or fire departments, etc…and their affiliated organizations where no admission is charged and the usage does not have fundraising as an objective. • Non-profit community groups within District 95; boy/girl scouts*, woman’s club, youth athletic organizations, exchange club, etc…which are supported by voluntary contributions of the people whose purposed, in some degree, parallel those of the school’s when they do not charge admission/fees or have fundraising as an objective. • Organizations that provide services to District 95 employees. This will only apply if the meeting or event is contiguous to an attendance day of students and ends by 5:00 p.m. (classroom space only) and does not require any set-up or clean up. *The fee can be waived for use immediately following the school day by scout organizations agreeing to provide an approved service project to the school district during each school year. Class III - Non-Profit Groups- Within OR Outside District 95(engaged in fundraising, charge a fee) & ForProfit Organizations • Non-Profit Community groups within District 95 when their use of the facilities includes admission/fees or had fundraising as an objective • Non-Profit groups outside District 95 who seek to use the facilities for religious, charitable, philanthropic, civic, or non-commercial, non-personal uses that do not entail admission/fees or have fundraising as an objective. • Non-Profit groups outside District 95 when their use of the facilities includes admission/fees or has fundraising as an objective • Non-Profit community groups within District 95 (Boy Scouts, Girl Scouts, Little League, etc) that are supported by voluntary contributions of the people whose purposes, in some degree, parallel those of the school’s when they have fundraising as an objective. • Tax supported bodies within District 95 where their use of facilities includes admission/fees to an event and/or uses the facilities for fundraising activities. • For-Profit organizations when their use of the facilities does not include admission/fees nor has fundraising as an objective. • Groups for profit Dr. Michael J. Egan, Superintendent of Schools District 95 Administration Center - 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 Website: lz95.org Fax: (847) 438-6702 TO: Board of Education FROM: Dr. Michael Egan, Superintendent AGENDA ITEM: Field Trip Approvals DATE: February 11, 2016 Background: Board Policy 6:240 requires prior approval of the Board for any field trip in which students will travel beyond a 200-mile radius of the school or which extends overnight. The following proposed trips fall under these guidelines (details/itineraries follow): 1. Lake Zurich High School Girls Softball Team – Bloomington/Normal IL; March 29 – April 1, 2016. This item will come before the Board of Education for approval at the February 25, 2016 meeting. District 95 Administration Center – Dr. Michael J. Egan, Superintendent of Schools 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 website: www.lz95.org FAX: (847) 438-6702 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Dr. Michael Egan, Superintendent February 11, 2016 Destruction of Closed Session Audio Recordings Board Policy 2:220, Board of Education Meeting Procedure – Verbatim Record of Closed Meetings requires that all closed session meetings be audio recorded. After 18 months have passed from the date of the meeting, the audio recording of a closed session is destroyed provided the Board approved the written minutes of that closed session and also approved the destruction of the audio recording. At this time there are eleven recordings of closed minutes that are eligible to be destroyed: March 6, 2014 March 20, 2014 April 10, 2014 - Special Board Meeting April 10, 2015 - Committee of the Whole Meeting April 24, 2014 May 22, 2014 June 12, 2014 June 26, 2014 July 24, 2014 Special Board Meeting July 24, 2014 August 14, 2014 The Administration recommends that the Board approve the destruction of eligible audio tapes of closed session meetings as listed at the February 25, 2016 Board of Education Meeting. MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Education Dr. Michael Egan, Superintendent February 11, 2016 Review of Closed Session Minutes Board Policy 2:220, Board of Education Meeting Procedure – E3 Closed Meeting Minutes and The Open Meetings Act requires public bodies to periodically, but no less than semi-annually, review minutes of all closed sessions. The purpose of this review is to determine whether: 1. The need for confidentiality still exists as to all or parts of those minutes, or 2. The minutes or portions thereof no longer require confidential treatment and are available for public inspection. The Administration recommends the review of minutes held as “closed” and release those that can be made available for public inspection at the February 25, 2016 Board meeting. District 95 Administration Center – Dr. Michael J. Egan, Superintendent of Schools 400 South Old Rand Road - Lake Zurich IL 60047-2459 Phone: (847) 438-2831 website: www.lz95.org FAX: (847) 438-6702