Regular Meeting Agenda - June 1, 2017 Page 1 of 226 Wayne Township Public Schools
REGULAR MEETING AGENDA
JUNE 1, 2017
6:00 p.rn. Executive Session 7:30 p.m. - Public Meeting Wayne Board of Education Wayne Board of Education Conference Room Conference Room 50 Nellis Drive 50 Nellis Drive Wayne, NJ 07470 Wayne, NJ 07470
I. Reading of Sunshine Law statement
Adequate notice of this Regular and Executive Meeting, setting forth time, date and location, has been provided in accordance with the requirements of the Open Public Meetings Act on January 6, 2017 by:
Prominently posting a copy on the bulletin board in the lobby of the offices of the Board of Education, which is a public place reserved for such announcements, transmitting a copy of this notice to The Record, The Wayne Today, and the Municipal Clerk.
II. Roll Call
III. Approval to Convene into Executive Session
X-2017-1 RECOMMENDED ACTION:
WHEREAS, the Wayne Township Board of Education (hereinafter referred to as the "Board") from time to time must convene into Executive Session to discuss confidential matters including but not limited to personnel issues, legal matters, student issues and labor negotiations.
WHEREAS, THE Board has on its agenda for the meeting being held on June 1, 2017 on issues relating to legal, personnel, negotiations and student matters which must be discussed in a confidential closed session.
NOW THEREFORE BE IT RESOLVED, the Board shall move into Executive Session to discuss the above referenced matter.
BE IT FURTHER RESOLVED, that the minutes of the executive session will provide as Regular Meeting Agenda - June 1,2017 Page 2 of 226
much information as possible without violating any applicable privilege or confidentiality so that the public can understand what was discussed and when available what the Board decision was.
BE IT FURTHER RESOLVED, that the minutes of the executive session will be released to the public in an appropriately redacted form within a reasonable period of time.
BE IT FURTHER RESOLVED, that the redacted portion of the executive session minutes will not be released until such time as the privilege or confidentiality is no longer applicable.
IV. Reconvene The Executive Session of the Wayne Board of Education Regular Meeting of June 1, 2017 was convened in the Conference Room of the Wayne Board of Education, 50 Nellis Drive, Wayne, NJ 07470.
The Statement of Compliance setting forth time, date and location was read in accordance with the requirements of the Open Public Meetings Act and the roll call was taken. The meeting was recessed and is now being reconvened.
FLAG SALUTE
MOMENT OF SILENCE
V. Administrative Summary Report A. SUPERINTENDENT'S REPORT B. HIS REPORT
VI. Revisions to Agenda Items VII. Open to Public Agenda Items Only
This portion of the meeting is open to citizens for comment on agenda items only. Residents are to state their names, addresses, and subject matter. Comments may be limited to five minutes per person. Members of the public are discouraged from speaking negatively about an employee or a student. The Board bears no responsibility for comments made by the public. Comments regarding employees or students cannot be legally responded to by the Board. Other comments may be responded to tonight or at subsequent meetings under "old business."
VIII. Action on Agenda
Approval of HIS Report A-2017-1 RECOMMENDED ACTION:
RESOLVED, that the Board affirm the Superintendent's decision on the Harassment, Intimidation and Bullying matters as required by N.J.SA 18A:37-15(b)(6)(e) on the following cases: Regular Meeting Agenda - June 1, 2017 Page 3 of 226
Case # 77, 78, 79, 80, 81, 82, and 83/2016- First reported to the Board on May 18, 2017 2017
Approval of Professional Services for the 2017-2018 School year. A- 2017 - 2 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Superintendent's recommendation for the following Professional Services for the 2017-2018 School year as follows' 1. Insurance Broker of Record - Medical, Brown & Brown Prescription, Drug, Dental, and Student Livingston, New Jersey Accident Insurance *Commission in attached letter 2. Software - Payroll, Personnel, Fixed Assets, CSI Budget, Time Clock with remote disaster $32,184.00 ecovery *as per attached 3. School Physician High Mountain Health - Dr. Rasa, et als Base Contract $50,000 + any additional fees for services as needed *as per attached Educational Data Systems Purchasing - $ 22,700.00 Right to Know - $ 2,200. I *as per attached 5. Broker of Record - Property, Casualty, Polaris Galaxy Insurance Errors and Omission, Liability, Automobile, Package 10% and Workers' Compensation Insurance E&O 10% Workers Compo 6% Paid by NJ School Ins. Group *as per attached 6. Bond Counsel Rogut, McCarthy & Troy, LLC *as per the attached 7. Official Newspapers The Bergen Record, Wayne Today, N.J. Herald - cost varies by type of Ad f8.l Electronic Advertising for Public Auction USGovBidlAuction Liquidation Uof Obsolete Vehicies/Equipment* Services. Commission 6.5% I:JlPOliCY Services Strauss Esmay Associates I. $6,575.00 BTU Consultants DIE-Rate $5,340.00 I*as per attached ~IDistrict Financial Advisors Phoenix Advisors, LLC I. 'as per attached
112·IIAuditors IINisivoccia, LLP I Regular Meeting Agenda - June 1,2017 Page 4 01226
IAudit & GASB 68 implementation $74,175.00 UI 'as per attached 113.IIOfficial Depositories TO Bank and Signatories 'as per attached I 114·IIArchitects Parette Somjen Architects 'as per attached 115.IIStudent Software Support Oncourse Systems for Education $61,109.44 116.IIEnvironmental Consultant RAMM Environmental Svc. 'as per attached 17. Records Management FileBank, Inc. $96,727.32 'as per attached 18. Special Education ManagementilEP Writer Realtime Parent & Student Portals, 504 Student Manager, $39,500.00 I&RS Manager 'as per attached Professional Learning and Teacher Support Wilson Language Training #20-272-200-500-00-000 $30,271.20 U 'as per attached
Approval of Administrative positions for the 2017-2018 School year as follows: A-2017-3 RECOMMENDED ACTION:
that the Board approve the Superintendent's recommendation to appoint the Administrative Positions for the 2017-2018 School year, at no additional compensation as follows· []Assistant Board Secretary - Nicole C. Schoening, CPA, SFO 1 ~]PubIiCAgency Compliance Officer - Michael J. Donow, RSBAI []District Anti-Bullying Coordinator - Paula Clark 1 []Open Public Records Act Officer - Michael J. Donow, RSBA 1 504 Coordinator/Americans w/Disabilities EJ Act Officer - TBD District Department of Child Protection & Permanency EJ Liaison - TBD 1f]lntegrated Pest Management Coordinator - Gus Najem []Homeless Liaison - Paula Clark [g]lndoor Air Quality Coordinator - John Maso 11 O·IIRight to Know Contact Person - Gus Najem III]Chemical Hygiene Officer - John Maso 112.IIAsbestos/AHERACoordinator - John Maso 113.IINCLB/ESEA Officer - TBD 114.IIGender Equity Officer - Paula Clark ,--" Regular Meeting Agenda - June 1,2017 Page 5 01226
115.11safetv Officer - Bob Wache !16.!!Title 9 Officer - Paula Clark
Appointment of Qualified Purchasing Agent A-2017-4 RECOMMENDED ACTION:
WHEREAS, the changes to the Public School Contracts Law gave Boards of Education the ability to increase their bid threshold up to $40,000; and
WHEREAS, N.J.SA 18A18A-3a, permits an increase in the bid threshold if a Qualified Purchasing Agent is appointed, as well as, granted the authorization to negotiate and award such contracts below the bid threshold; and
WHEREAS, N.JAC. 5:34-5 et seq. establishes the criteria for qualifying as a Qualified Purchasing Agent; and
WHEREAS, Michael J. Donow. RSBA, possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.JAC. 5:34-5 et seq.; and
WHEREAS, the Wayne Board of Education desires to increase the bid threshold as provided in N.J.SA 18A18A-3, now, therefore be it
RESOLVED, that the governing body of the Wayne Board of Education, in the County of Passaic, in the State of New Jersey, hereby increases its bid threshold to $40,000; and be it further
RESOLVED, that the governing body hereby appoints Michael J. Donow, RSBA, as the Qualified Purchasing Agent to exercise the duties of a purchasing agent pursuant to N.J .SA 18A18A-2b, with specific relevance to the authority, responsibility, and accountability of the purchasing activity of the Board of Education; and be it further
RESOLVED, that in accordance with N.JAC. 5:34-5.2, the Board of Education Secretary is hereby authorized and directed to forward a certified copy of this resolution and a copy of Michael J. Donow's certification to the Director of the Division of Local Government Services, as required.
Approval of AppOintment of Representatives Requesting Federal and State A-2017-5 Funds RECOMMENDED ACTION:
RESOLVED, that the Superintendent of Schools and the Business Administrator/Board Secretary for the Wayne Township Board of Education or their designees, be designated as the Board's agents to request State and Federal funds under the existing State and Federal Laws for the period from the date of this Organization Meeting to the Board Organization Meeting in the next calendar year.
Education: Regular Meeting Agenda - June 1, 2017 Page 6 of 226
Approval of Out of District Professional Travel for Staff Members E-2017-1 RECOMMENDED ACTION:
RESOLVED, that the Board approve Out of District Professional Travel for the 2016- 2017 school year, as follows:
Whereas, District employees listed on the attached chart are attending conferences, conventions, staff training, seminars, workshops, student events or other required travel; and
Whereas, the attendance at stated functions were previously approved by the Chief School Administrator and School Business Administrator as work related and within the scope of work responsibilities of the attendees; and
Whereas, the attendance at the functions were approved as promoting delivery of instruction of furthering efficient operation of the District, and fiscally prudent; and
Whereas, the travel and related expenses particular to attendance at these functions are within state travel guidelines established by the Department of Treasury in NJOMB circular letter; now therefore
Be it resolved, that the Board of Education finds the travel and related expense particular to attendance as these previously approved functions; and further,
Be it resolved, that the expenses are justified and therefore reimbursable and/or payable, as per the attached.
Approval of Field Trip Destinations E-2017-2 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Field Trips for the 2016-2017 school year as per the attached by reference.
Out of District Placements 2017-2018 and Related Services E-2017-3 RECOMMENDED ACTION:
RESOLVED, that the Board approve out of district placements and related services for the 2017-2018 school year for students pursuant to their Individualized Education Program (IEP) or in accordance with their High School curricula (ie vocational school placement) as follows and further, that transportation be provided as required as per the attached by reference.
Approval of Extended School Year Agreement E-2017-4 RECOMMENDED ACTION:
RESOLVED, that the Board approve the agreement with Northern Region Educational Services Commission to operate our special education extended school year program effective July 5, 2017 and ending August 1, 2017 at the cost of $255,707.50 from account #11-422-100-300-17-000 as reviewed and approved by Board Counsel, as Regular Meeting Agenda M June 1, 2017 Page 7 of 226
per the attached by reference.
Approval of Professional Service Agreements E-2017-5 RECOMMENDED ACTION:
RESOLVED, that the Board approve Professional Service Agreements with a vendor for the 2016-2017 school year for the services as indicated at the following contractual rates as follows and as per the attached by reference' - Provider Type of Service Student ID- Total Rate if applicable Contract Account # Effective or not to Date exceed 1 Platt Psychiatric Assoc., LLC Psychiatric #6695949103 $625.00 Cedar Grove, NJ Evaluation $625.00 #11-000-219-390- 17-008 2 Northern Region Educational Services Psychological #5169613634 $375.00 Commission Evaluation Wayne, NJ $375.00 #11-000-219-390- 17-008
2016-2017 Out of District Placements and Related Services E - 2017 - 6 RECOMMENDED ACTION:
that the Board approve out of district placements and related services for the 2016- 2017 school year for students pursuant to their Individualized Education Program (IEP) or in accordance with their High School curricula (ie vocational school placement) as follows and further, that transportation be provided as required' - Student Placement Location Related Service Placement EffecTuition (10mo/ESY) Provided by type: Effective Date( s) Effective date new, cont, Account # Cost change Account If change, prior placement/cost 1 #6130863672 Youth Consultation Service Transportation NIP 09/08/16-09/30/16 $255.00 (17 days @ $15.00) #11-000-216-320-17- 008 2 #8337726325 CTCAcademy N/A Nelh Oakland, NJ $13,410.95 (35 days @ $383.17) #11-000-100-566-17-008 $3,850.00 (1 :1-35 days @ Regular Meeting Agenda - June 1,2017 Page 8 01226
1$110.00) UI #11-000-217-500-17-008
Approval of High School Summer Practice Sessions E-2017-7 RECOMMENDED ACTION:
RESOLVED, that the Wayne Board of Education approve summer practice sessions for high school athletic programs as authorized by the NJSIAA, commencing on June 10, 2017 for Wayne Hills and Wayne Valley High Schools as per attached, by reference.
Approval of Home andlor Hospital Instruction E-2017-8 RECOMMENDED ACTION:
RESOLVED, that the Board approve Home andlor Hospital Instruction Services for students for the 2016-2017 school year as follows:
Student SID # Student Type Provided by Effective Date School Reason Title Rate DGrade Hourslsessions per week Account # 4027351064 General Education District Staff 5/3/17 WVHS Medical 11-150-100-101-17-008 $40.00 per.lhr. 09 10hrs.lwk. 3280297782 Special Education District Staff 5/8/17 WHHS Medical 11-219-100-110-17-000 $40.00 per.lhr. LJ 9 10hrs.lwk. 4871165716 General Education District Staff 5/11/17 WHHS Administrative 11-150-100-101-17-008 $40.00 per.lhr. D10 10hrs.lwk. 5693088238 General Education District Staff 5/12/17 GWMS Administrative 11-150-100-101-17-008 $40.00 per.lhr. LJ 6 10hrs.lwk. 2429411805 Special Education District Staff 5/15/17 WVHS Administrative 11-219-100-110-17-000 $40.00 per.lhr. D12 10hrs.lwk. 2100151592 General Education District Staff 5/15/17 Lafayette Medical 11-150-100-101-17-008 $40.00 per.lhr. DKdg. 5hrs.lwk. 6695949103 Special Education District Staff 5/61/17 WVHS IEP 11-000-216-110-17-000 $40.00 per.lhr. 9 PARCCTest 0 Not to exceed 8hrs 3280297782 Special Education District Staff 5/31/17 WHHS Medical 11-000-216-110-17-000 $40.00 per.lhr. 9 Bio State Test Not to exceed 5hrs DIII II II II I Regular Meeting Agenda - June 1,2017 Page 9 01226
4027351064 General Education District Staff 5/31/17 WVHS Medical 11-000-216-110-17-000 $40.00 per.lhr. 9 Bio State Test [J Not to exceed 5hrs 10. 9767808421 Special Education District Staff 5/31/17 WVHS Administrative 11-000-216-110-17-000 $40.00 per.lhr. 9 Bio State Test Not to exceed 5hrs 11. 6695949103 Special Education District Staff 5/31/17 WVHS IEP 11-000-216-110-17-000 $40.00 per./hr. 9 Bio State Test Not to exceed 5hrs
Approval of Dual Enrollment Articulation Agreement E-2017-9 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, approve the Dual Enrollment Articulation Agreement between Seton Hall University and the Wayne Township Board of Education for the 2017-2018 school year, as reviewed by the Education Committee on May 18, 2017, and as reviewed and approved by the Board Attorney, as per the attached.
Approval of 2017-2018 Professional Service Agreements E-2017-10 RECOMMENDED ACTION:
RESOLVED, that the Board approve a Professional Service Agreement with vendors for the 2017-2018 school year for the services as indicated at the following contractual rates as per the attached by reference· - Provider Type of Service Student Total Rate ID- Contract Account # if or not to applicable exceed Effective Date Student Learning and Professional Development 2017- $30,430.00 Platform, web based service 2018 SY ~D #11-000-223-390-17-008 Reading Student learning platform, web based service 2017- $5,000.00 ~ Plus #11-000-223-390-17-008 2018 SY
Approval of the Program Budget Activity Plan E-2017-11 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Program Budget Activity Plan (Perkins Performance) for the 2017-2018 school year, as per the attached, by reference. Regular Meeting Agenda - June 1,2017 Page 10 of 226
Human Resource:
Approval of ResignationslRetirements H-2017-1 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, accept the following resignations for the 2016-2017 and 2017-2018 school years' Name FTE Effective Date Salary Position Position Control# Reason Guide 0Location Account Nurnber# Step Traci Pirruccio FTE 1 $16.79 per hour SCPA 13-02-38/bry 0TO 11-000-262-107-00-006 LJ Kimberly Edge FTE 1 $25.19 per hour Bus Driver 71-06-18/cfr step 2 of the Bus Drivers ~ Transportation 11-000-270-160-51-009 LJsalary guide Lauren Gardne FTE 1 $64,900 Spanish 01-41-09/anq step 8 MA of the WEA U\fIN 11-140-100-101-15-000 LJsalary guide
Approval of Leave Requests H-2017-2 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent , approve the following leave requests for the 2017-2018 school year: Staff 10# Date of Paid FMLA Dates of Unpaid leave Position Leave Unpaid w/benefits wlo benefits Position # Type Type Type ~ Location 10#4185 9/5/17-10/9/17 10/10/17-1/9/18 1/10/18-6/30/18 Gr. 6 Lang Arts sick days maternity WEAextension as per 01-31-07/aoy contract USC 10#6121 9/6/17-10/9/17 10/10/17-1/9/18 1/10/18-5/31/18 Gr. 3 sick days maternity WEA extension as per 01-03-50/afu contract ~ JF 3. *10#4407 nla nla 2017-2018 sch. yr. 01-41/dlu WEAextension \fIN *attached by reference 10#9958 3/31/17-6/30/17 nla n/a 01-32-31 lark 58 days from Science WEAsick bank LGW Regular Meeting Agenda - June 1, 2017 Page 11 of 226
Approval of Appointment of District Staff for 2017-2018 school year H-2017-3 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon recommendation of the Superintendent, approves the appointments of the following personnel in the Wayne Township Public School District, for the 2017-2018 school year on the appropriate bargaining unit salary, pending the full satisfaction of requisite New Jersey Department of Education and District employment criteria.
ALSO BE IT RESOLVED, that the Superintendent recommends that the Board of Education approves the submission to the County Superintendent of Schools the application for emergency hiring and each applicant's attestation that helshe has not been convicted of any disqualifying crime pursuant to the provisions of N.J.SA 18A6- 7 e\. Seq., or N.J. S A 18A-6-4.13, et seq. for the employees below, if necessary: - Name FTE Effective Date PD Hours Position Position Control# Salary Student ID# for 1: 1 Paras Location Account Number# GuidelStep Staff replacing or new position 1. Lauren FTE 1 9/1/17 Nancy Fairchild Bylinski 01-41-19/cyb *$52,100 transferred to another Math 11-140-100-101- step 2 BA of the position \IN 15-000 WEAsalary $55,600 guide step 1 MAof the WEAsalary *pending guide negotiations 2. Eleanor FTE 1 9/1/17 Allison Romeo Eaton 01-41-19/das *$60,200 $62,900 Math 11-140-100-101- step 8 BA of the step 2 MA+30 of the WEA \IN 15-000 WEAsalary salary guide guide *pending negotiations
Approval of Additional Compensation H - 2017 - 4 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon recommendation of the Superintendent, approves the following additional compensation for staff members for the 2016-2017 and 2017-2018 school years, as per attached·
date IE-Stipend Account# 1. Zufer Dauti Black Seal License 7/1/17- 6/30/18 $30 per month 11-000-262- ,,' 100-50-006 Regular Meeting Agenda - June 1, 2017 Page 12 of 226
2. Hector Black Seal License 7/1/17- Sanchez 6/30/18 $30 per month 11-000-262- 100-50-006 3. Laurel Diapering stipend 9/1/16- Sherin 6/30/17 $200 annually as per Para contract 11-000-217- 110-17-000 4. aDebra Wilson Reading Program 9/1/17- Nussbaum professional development 6/30/18 b.Suzana instructors *$51 per hr. Adamo not to exceed c.Liz 20 hrs. Sponenburg 20-272-200- 500-00-000 *pending negotiations 5. Rebecca Multisensory Reading 7/5/17-8/1/17 Lillianthal instructor for ESY program $75 per hr. not to exceed $3,000 as perWEA sidebar agreement 11-421-100- 179-54-000 See ICST Summer personnel Ipending [] attached list . negoliatlons 7. See ESL Summer personnel pending attached list negotiations 8. Jason School Social Worker, 7/5/17-8/1/17 Colatrella Transition for ESY program *$47.71 per hour not to exceed 20 hrs. 11-422-100- 300-17-000 *pending negotiations 9. a.Jennifer Realtime Superuser 9/1/17- Nyhuis professional development 6/30/18 b.Caitlin instructors *$51 per Rodgers hour c.Lissette not to exceed Regular Meeting Agenda - June 1, 2017 Page 13 of 226
Chacon 15 hrs. d.Jennifer 11-000-219- Hamilton 110-17-001 e.Nicole 'pending Parkes negotiations f.Jenny An
10. Denise Social Skills teacher for 7/5/17-8/1/17 Scalzitti ESY '$52.14 per hour 3 hrs. x20 days 11-422-100- 300-17-000 11. All District Attend Summer IEP meetings 7/1/17- Special as needed 8/31/17 Ed. and '$51 per General hour Ed. teachers 11-000-219- 110-17-000 'pending negotiations 12. Jennifer ESY Teacher Coordinator 7/1/17- Varano 8/31/17 '$400.47 per day not to exceed 30 days 11-000-219- 110-17-000 'pending negotiations 13. Deborah ESY Teacher Coordinator 7/1/17- Patalita 8/31/17 '$491.47 per day not to exceed 30 days 11-000-219- 110-17-000 'pending negotiations 14. Christina Structured Learning Environment 7/1/17- Kindler and planning and documentation 8/31/17 '$62.86 per hour not to exceed 20 hrs. 11-000-219- 110-17-000 pending Regular Meeting Agenda - June 1, 2017 Page 14 of 226 LJI II I 15. Christina Structured Learning Environment 7/1/17- Kindler curriculum revision 8/31/17 *$51.00 per hour not to exceed 5 hrs. 11-000-219- 110-17-000 *pending negotiations 16. Kenneth Structured Learning Environment 7/1/17- Ferrare planning and documentation 8/31/17 *84.57 per hour not to exceed 20 hrs. 11-000-219- 110-17-000 *pending negotiations 17. Kenneth Structured Learning Environment 7/1/17- Ferrare curriculum revision 8/31/17 *$51.00 per hour not to exceed 5 hrs. 11-000-219- 110-17-000 'pending negotiations 18. Roberta Summer SOAR Lead Teacher 7/5/17- Rydell- 8/18/17 O'Connor *$7,500 11-423-100- 101-17-008 'pending negotiations 19. Christina Summer SOAR Teacher 7/5/17- Corrente 8/18/17 '$40.57 per hour 4.5 hrs.lday ) 27 days 11-423-100- 101-17-008 *pending negotiations 120.1 Crystal Isummer SOAR Counselor 17/5/17- Olson 8118/17 Regular Meeting Agenda - June 1, 2017 Page 15 of 226
"$41.50 per hour 4.5 hrs./day x 27 days 11-423-100- 101-17-008 "pending
21. a.Roberta SOAR 20'17-2018 Rydell- a. Lead Teacher sch. yr. O'Connor b. Teacher "at their b.Christina c. Guidance Counselor approved Corrente hourly rate c.Crystal 11-423-1 00- Olson 101-17-008 "pending negotiations 22. Jenny An CST to conduct IEP meetings, evaluations, and report 7/1/17- preparation 8/31/17 "$342.51 per day not to exceed 30 days 11-000-219- 110-17-000 "pending negotiations 23. Nancy CST to conduct IEP meetings, evaluations, and report 7/1/17- Linden preparation 8/31/17 "$559.02 per day not to exceed 30 days 11-000-219- 110-17-000 "pending negotiations 24. Cynthia CST to conduct IEP meetings, evaluations, and report 7/1/17- Carey preparation 8/31/18 "$523.11 per day not to exceed 30 days 11-000-219- 110-17-000 "pending negotiations Emilia Behaviorist to provide ABNbehavioral services, 7/1/17- Endean oversee delivery of services, attend meetings, and to 8/31/17 create student "$296.03 per n programs day Regular Meeting Agenda - June 1,2017 Page 16 of 226
not to exceed 20 days 11-000-219- 110-17-000 *pending negotiations
26. Jessica Behaviorist to provide ABA/behavioral 7/1/17- Cohen services, oversee delivery of services, 8/31/17 attend meetings, and to create student *$455.98 per programs day not to exceed 20 days 11-000-219- 110-17-000 *pending negotiations 27. Kevin Behaviorist to provide ABA/behavioral 7/1/17- Ragas services, oversee delivery of services, 8/31/17 attend meetings and to create student *$351.47 per programs day not to exceed 20 days 11-000-219- 110-17-000 *pending negotiations 28. a. Mary Multisensory Reading Tutor, as needed 7/1/17- Grochan per IEP's. 6/30/18 b. Deirdre $75 per hour Wilson- perWEA Redmond sidebar c. Allison agreement Hollender 11-150-100- c. Jennifer 101-17-008 Arnorosco 11-219-100- 101-17-008 29. Kimberly Summer ftssistive Technology 7/1/17- Ferrier 8/31/17 *$59.57 per hour not to exceed 20 hrs. 11-000-216- 100-17-008 *pending negotiations Catherine Summer ftssistive Technology 7/1/17- Fredericks 8/31/17 *$79.20 per r hour Regular Meeting Agenda - June 1,2017 Page 17 of 226
not to exceed 20 hrs. 11-000-216- 100-17-008 'pending negotiations 31. Patricia Summer Assistive Technology 7/1/17- Ricciardi 8/31/17 '$71.71 per hour not to exceed 20 hrs. 11-000-216- 100-17-008 'pending negotiations 32. Jill Troisi Summer Assistive Technology 7/1/17- 8/31/17 '$84.57 not to exceed 20 hrs. 11-000-216- 100-17-008 'pending negotiations 33. Andrezej Para for out of District intake meeting for 5/30/17 Weglinski student 10#8358649962 $16.47 per hour not to exceed 2 hrs. 11-000-217- 100-17-008 34. see Anti-Bullying Specialist to plan and prepare 7/1/17- attached list for Anti-Bias Program implementation 8/31/17 not to exceed 14 hrs. perPSA 35. Virginia Structured Learning Environment 7/1/17- Chiller planning and documentation 8/31/17 '$84.57 per hour not to exceed 20 hrs. 11-000-219- 110-17-000 36. Monica Structured Learning Environment 7/1/17- Ritkes planning and documentation 8/31/17 '$55.86 per hour not to exceed Regular Meeting Agenda - June 1, 2017 Page 18 of 226
112011-000-219- hrs. II IUI~I 110-17-000
Approval of Sidebar Agreement with the Wayne Education Association (Orton H-2017-5 GiliinghamlWilson Reading System Instruction) RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves a sidebar agreement with the Wayne Education Association for the 2017-2018 school year, as attached by reference.
Approval of Reappointment of District Substitutes for the 2017-2018 school H - 2017 - 6 year RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves the reappointment of certified substitutes for the 2017-2018 school year at the daily rates approved; and further, that these certified substitutes also be approved as substitute paraprofessionals for the 2017-2018 school year at the rate of $12.00 per hour, to expand the pool of paraprofessional substitutes, as per attached. AND, BE IT FURTHER RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves the reappointment of non-certified substitutes for the 2016-2017 and 2017-2018 school years for the following positions and at the approved hourly rate, as per attached. AND, BE IT FURTHER RESOLVED, that substitute costs shall be expended against the appropriate salary account for which their service is required.
Approval to Hire for Vacant Positions H-2017-7 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent approves for the 2017-2018 school year, the Superintendent to hire for vacant positions needed for the opening of school on September 1, 2017, upon consultation with the Board President and the Chair of the Personnel Committee, and further to hire for vacant pOSitions on an emergent basis throughout the 2017-2018 school year with ratification at the next Regular Meeting.
Approval of Appointment of Student Personnel for Summer 2017 H-2017-8 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves the following summer student personnel, effective July 1, 2017 through August 31, 2017, at the rate of $8.44 per hour, 20 hours a week, as follows. n II Regular Meeting Agenda - June 1, 2017 Page 19 of 226
-000-218-110-00-000 . ID#024697 - W 11-000-218-110-00-000 3.IID#031882 - wvI111-000-218-11 0-00-0001 [JIID#026246 - wvI111-000-218-11 0-00-0001
Approval of Appointment of School Treasurer H - 2017 - 9 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves Heather McNamara-Kreitz as School Treasurer for the 2017-2018 school year, at the salary of $7,283.00, PC#31-59-23/cmo, a/C#11-000- 230-100-00-000, effective July 1, 2017.
Approval of Extra Curricular Athletic Workers H-2017-10 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approve for the 2016-2017 school year, the following extra curricular athletic workers for Spring sports for Wayne Hills High School and Wayne Valley High School' I Effective Date DIName IIDescriPtion Stipend Bruce McNutt Lacrosse-Crowd Control 4/1/17 ~ WH $65 per event Daniella Wagenti Volleyball-Clock 114/1/17 ~ WH $65 per event I Track & Field 4/18/17 ~1~nVitto~ $65 per event
Approval of Emergency Certification H-2017-11 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Superintendent's application to the County to apply for Emergency Certification for School Counselor for Billie Lynn Liquori for the 2017-2018 school year.
Approval to Rescind Items H - 2017 - 12 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon recommendation of the Superintendent, approve the following item to be rescinded for the 2017-2018 school year: In " ~ Regular Meeting Agenda - June 1,2017 Page 20 of 226
1- 1Staff Step U Position Stipend/Salary . Michael Rewick HSP MA+30 Step 11 Principal $159,289 ~ WH
Approval to Reappoint Personnel H - 2017 - 13 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Superintendent's recommendation to reappoint personnel for the 2017-2018 school year: DILast NamellFirst NamellGuide IIStepllSalary IILongevityl II]IRewick II Michael IIHSAP MA+3011II2J1$147,41811$3,000 1
Approval of Medical Examination H-2017-14 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves that Employee ID#6809 undergo an examination for cause pursuant to Board policy #3161 and N.JAC. 6A:32-6.3
Approval of Contract Agreement H-2017-15 RECOMMENDED ACTION:
BE IT RESOLVED, that the Wayne Township Board of Education rescinds the contract with Dr. Mark Toback dated August 1, 2014 through June 30, 2019; and appoints Dr. Mark Toback Superintendent of Schools commencing July 1, 2017 through June 30, 2022, by entering into the new Contract of Employment as approved by the Passaic Executive County Superintendent of Schools and in accordance with the revisions to N.JAC. 6A:23A, as per attached, by reference.
Approval of Salary Adjustment H-2017-16 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon recommendation of the Superintendent, approves the following salary adjustment for the 2016-2017 school year, as per policy:
Staff Bisalary Adjustment DPosition oca Ion Effective date I 21 days subbing in continuous Phoebe DeSantis position; from the per diem rate Paraprofessional of $12.00 per hour to $16.20 per hour ~ F step 1 of the Paraprofessionals salary guide Regular Meeting Agenda - June 1, 2017 Page 21 of 226
lUI I[ llretm to 4/13/17 as per Board poliC\l
Approval of Appointment of Acting Board Secretary H-2017-17 RECOMMENDED ACTION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approves for the 2017-2018 school year, Nicole Schoening as Acting Board Secretary, $250.00 per meeting, a/C#11-000-251-100-55-003, effective July 1, 2017 and ending as such time as a permanent Business Administrator/Board Secretary is appOinted.
Policy:
Approval of Policy #5116 - First Reading for Consideration P-2017-1 RECOMMENDED ACTION:
RESOLVED, that the Board approve Policy #5116 Education of Homeless Children, first reading for consideration, reviewed at the Education Committee meeting on May 18,2017, as per the attached.
Approval of Policy #5460 - First Reading for Consideration P-2017-2 RECOMMENDED ACTION:
RESOLVED, that the Board approve Policy #5460 High School Graduation, first reading for consideration, reviewed at the Education Committee meeting on May 18, 2017, as per the attached.
Approval to Abolish Policy #5465- First Reading for Consideration P - 2017 - 3 RECOMMENDED ACTION:
RESOLVED, that the Board approve to abolish Policy #5465, Early Graduation, as the required provisions of this Policy have been updated and incorporated into Policy 5460, first reading for consideration, reviewed at the Education Committee meeting on May 18, 2017, as per the attached.
Approval of Policy # 7523 - First Reading for Consideration P-2017-4 RECOMMENDED ACTION:
RESOLVED, that the Board approve Policy # 7523 School District Provided Technology Devices to Students, first reading for consideration, reviewed at the Technology Committee meeting on May 18, 2017, as per the attached.
Approval of Policy #8350 - First Reading for Consideration P - 2017 - 5 RECOMMENDED ACTION:
RESOLVED, that the Board approve Policy #8350 Records Retention, first reading for Regular Meeting Agenda - June 1,2017 Page 22 of 226
consideration, reviewed at the Education Committee meeting on May 18, 2017, as per the attached.
School Resources:
Approval of the Check Register S-2017-1 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Check Register: Check Range Number: Machine checks: #081566-081756 - $769,875.87 Hand checks: #078542-078544 - $6,060,260.25 in the amount of $6,830,136.12 as per the attached by reference.
Approval of Transportation Agreements S-2017-2 RECOMMENDED ACTION:
RESOLVED, that the Board approve Transportation Services Agreements for pupil transportation for the 2016-2017 school year as follows, and as per the attached by reference:
Provide Schools Contractor # of Student and Students ID # CostE~m* 1_'1 Route (including urcharge) NRESC 1117595742113 120.00+ 14/28/171 MDCD ~ $3.60 Note: Transportation of students to out of district placements by outside vendors is charged to Transportation account number 11-000-270-514-51-007.
Approval of Additional Funding under Chapters 192/193 S-2017-3 RECOMMENDED ACTION:
RESOLVED, that the Board approve additional funding under Chapter 1921193 for Corrective Speech in the amount of $177.00 for 1 additional student for a total funding amount for these services of $22,264.00 and Supplementary Instruction in the amount of $314.00 for 2 additional students for a total funding amount for these services of $76,273.00 for the 2016-2017 school year.
Approval of Renewal Contract for Food Service Management S-2017-4 RECOMMENDED ACTION:
RESOLVED, that the Board approve a renewal contract for food service management services with Sodexo Management for the 2017-2018 school year at a total management fee of $300,000.00 a guaranteed annual financial return of $157,383.00 as per the attached. Note: This contract represents an increase of .5% in the management fee which is the Regular Meeting Agenda - June 1,2017 Page 23 of 226
maximum as it is tied to the CPI index rate. The guaranteed financial return is unchanged. This is the 4th year of a possible 5 year contract for these services.
Approval of Lunch/Breakfast Prices for 2017·2018 School Year S-2017-5 RECOMMENDED ACTION:
RESOLVED, that the Board approve the lunch/breakfast price list for the 2017·2018 school year, as per the attached, as reviewed by the Finance Committee.
Approval of Access Agreement with The Bethany United Methodist Church S-2017-6 RECOMMENDED ACTION:
RESOLVED, that the Board approve the Access Agreement between the Wayne Township Board of Education and The Bethany United Methodist Church for a 5 year term beginning with the 2017·2018 school year through the 2021·2022 school year, as reviewed by the Finance and Facilities and Transportation Committees, as per the attached by reference. Note: This access agreement provides access for the Church to use the Randall Carter parking lot on Sundays in accordance with the facility use policy and fee schedule approved by the Board.
Approval of Contract S-2017-7 RECOMMENDED ACTION:
RESOLVED, that the Board approve a contract with Asset Control Solutions, Inc. for district wide inventory valuation services for the 2016-2017 school year at a cost of $14,900.00, as per the attached. NOTE: This valuation service was suggested by the auditor during the completion of the 6/30/15 audit and was subsequently budgeted in the 16-17 school year.
Authorization to Submit a Safety Grant S-2017-8 RECOMMENDED ACTION:
RESOLVED, that the Board authorize the submission of the Eric West Sub-fund Grant for the 2017-2018 school year in the allocated amount of $30,400.00, to be used to support the purchase of security bollards at Wayne Hills High School.
IX. Open to Public
This portion of the meeting is open to citizens for comment on any topic. Residents are to state their names, addresses and subject matter. Comments may be limited 'to five minutes per person. Members of the public are discouraged from speaking negatively about an employee or a student. The Board bears no responsibility for comments made by the public. Comments regarding employees or students cannot be legally responded to by the Board. Other Comments may be responded to tonight under "new business" or at subsequent meetings under "old business."
X. Old Business Regular Meeting Agenda - June 1, 2017 Page 24 of 226
XI. New Business XII. Executive Session XIII. Adjournment Page 26 of 226 Regular Meeting Agenda - June 1, 201 7
Brown & Brown www.adylsOTsbb com Benefit AdVlSors-______"'S6>.!L""'V!!!'nlllg"' •• lQJOno.A!llV«eOIllu ... .JS .. u"".,,' .. ',.O"'R"'Oli! •• "".!!lnd ...... ,N!.!.JJlj07[!lOM •• Coll~ wisdoM To 1fW' betl~1Ft. Tel: 973·994-9333 Fax: 973-994-2768
April 28, 2017
Mr. Emidio D'Andrea Business Administrator Wayne Board of Education 50 Nellis Drive Wayne, NJ 07470
Dear Mr. D'Andrea:
The purpose of this letter is to indicate that Brown & Brown Benefit Advisors wishes to continue to serve in our present capacity as the Wayne Township Public Schools' medical, prescription drug, dental and student accident broker-of-record for the upcoming 2017-18 policy year. Our firm has served in this role for the district since March 1, 2004. Assuming no change in insurance carriers is necessary, Brown & Brown Benefit Advisors' fee schedule for the upcoming policy year will again remain unchanged from our 2008 agreement with the Board as follows:
Horizon Medical: Our fee is a flat $139,000 flat dollar amount paid directly to our firm by Horizon BCBSNJ. This figure equates to only approximately 0.51% of the district's 7/1/16-6/30/17 annual medical premium. By comparison, Horizon's standard broker commission for a group of Wayne's size and medical annual premium Is 2.25%.
Horizon Prescription Drug: Our commission is 1% of the district's annual prescription premium paid directly to our firm by Horizon BCBSNJ. By comparison, Horizon's standard broker commission for a group of Wayne's size and prescription annual premium is 2.25%.
Delta Dental: Our annual commission is in accordance with Delta Dental's required New Jersey public sector filed schedule of 10% of the first $5,000 in annual premium, then 4% of the next $95,000 in annual premium, then 3% thereafter, paid directly to our firm by Delta Dental.
Monarch/Axis Student Accident: Our annual commission at 8% is below Monarch/Axis' standard commission, paid directly to ourfirm by Monarch/Axis.
Thank you for the continued opportunity to serve the Wayne Township Public Schools. Please call me at 973-994-9333 if you have any questions regarding the above information.
Sincerely, D", ~ t;"'-L':f Q.p",\,~~ll~ h· Anthony Ciardella, Jr. Senior Vice President, Employee Benefits/Property & Casualty Divisions
Lambertville Livingston Moorestown Shrewsbury Regular Meeting Agenda - June 1, 2017 Page 27 of 226
2017· 2018
TIME CLOCK MAINTI!NANCI! SUMMARY WAJNI!BOABDOPEDUcrnON
OESCRlnIQN I!IJlIY.'IlIll ANNUAl. AMOUNT AI!IJlUNT
Maintenance· Biometric/Proximity 17@$21.00 $357.00 $4,284.00
Maintenance· Proximity 1@$15.00 $15.00 $180.00
Maintenance· Proximity (spare) 1@$0.00 No Charge No Charge
TOTAL 19 S312.00 $4,464.00/
Note: A two (2) percent discount may be taken for prepayment of your annual support fee provided Invoice is paid In full by july 31, 2017
Page 3 of4 Regular Meeting Agenda - June 1, 2017 Page 28 of 226
CSI Software Support Schedule Renewal Agreement Wayne Board of Education Agreement #: 81521 Effective Date: July 1, 2017 Expiration Date: June 30, 2018
MontblySuppDrt fee Total Annual SuPPqrt Fee $2,115.00 $25,380.00 Software Support #81521 /
Optional: Software Support #81521 with Carbonite Offslte Data Backup and Remote Recovery Services. (Please $2,310.00 $27,720.00 initial below I{you would like to add this valuable service)
If our records are consistent, please forward your Purchase Order to C51 with a signed copy of the Software Support Schedule Agreement no later than July 1, 2017. Please retain second copy for your records.
Please renew our software support for 2017-2018:
Optional (recommended): Signature: __-" '-"''--:'''-_ -/-___ Add Carbonite Offsite Data Backup J.- and Remote Disaster Recovery Services Title: L'e:t6c!7~c..!:11~r&1...~a,~~~~(r"$195.00/month as quoted above. Date: 5//i!J, 1 Initials: ___
Note: A two (2) percent discount may be taken for prepayment of your annual support fee provided invoice is paid in full by July 31,2017
Page 4 of4 Regular Meeting Agenda - June 1,2017 Page 29 of 226
AGREEMENT
between the
BOARD OF EDUCATION OF THE TOWNSIDP OF WAYNE PASSAIC COUNTY, NEW JERSEY
and
MEDICAL INSPECTOR/SCHOOL PHYSICIAN
JULY 1, 2017
to
JUNE 30, 2018
ac-School Physician Medical Inspector Agreement 2017-2018 Regular Meeting Agenda - June 1, 2017 Page 30 of 226
WHEREAS, the school laws of the State of New Jersey require every school district to employ a Medical Inspector (School Physician) (N.J.S.A. 18A:40-1); and WHEREAS, the Wayne Board of Education issued a Request for Proposals from qualified physicians to serve as the School Physician for the Wayne Public School System; and WHEREAS, Dr. David V. Rasa, submitted a proposal in response to same that the Board found, based on experience, qualifications and cost, to best serve the interests of the Board and the needs of the students and their families; and WHEREAS, the Board is desirous of employing Dr. David V. Rasa as the District's School Physician for the 2017-2018 school year; and WHEREAS, Dr. David V. Rasa is desirous of accepting employment as the District's School Physician for the 2017-2018 school year.
IT IS, THEREFORE AGREED that the following provisions shall constitute the terms and conditions of Dr. David V. Rasa's employment with the Board as the Medical Inspector/School Physician for the Wayne Public School System (hereinafter referred to as "School Physician" or "Provider").
1. COMPENSATrON. Dr. David V. Rasa shall be compensated for the duties associated with the position of School Physician on an annual basis as follows:
A. Base Salary $ 50,000.00
B. Schedule of additional fees for particular services Employee Physical Fee $ 45.00' (per physical + Mantoux testing) Football Coverage $ 200.00 (per game) Sports Physical Fee $ 0.00 (per day) Child Study Team $ 40.00 (per exam/student) Student Physical Physical Exam for students in $ o (per exam) Grades K, 4 and 8
Physician's exams for students $ o (per exam) Seeking working papers
Scoliosis exams of students $ o (per exam)
Page 2 of9 Regular Meeting Agenda - June 1,2017 Page 31 of 226
C. The Board shall not be required to provide health insurance or any other type of insurance to Dr. Rasa or anyone providing services for Dr. Rasa or High Mountain Health P .A. pursuant to this agreement. D. Dr. Rasa, along with the team of Board Certified Physicians at High Mountain Health P.A. will cover the School Physician services for the Wayne Board of Education. E. The School Physician shall not be entitled to compensation unless the Provider actually provides the Services, e.g., the Provider shall not be entitled to compensation if the Provider is scheduled to provide the Services and the Services are not provided as a result of the action or inaction of the Provider, the Board, its officers, agents, contractors or students. The Board shall use its best efforts to avoid cancellations. The Board shall not be subject to a fee or a fine or penalty or prejudice in the event it is required to cancel the requested or scheduled services. However, in the event the Board requests services and the Provider performs those services before receiving any notice of cancellation by the Board, then the Provider shall be compensated for those such services actually performed in accordance with this Agreement. F. The School Physician shall submit duly verified monthly invoices to the Board. The Board shall approve the Provider's invoice at the next regularly scheduled Board meeting following the Administration's payment recommendation. The Board shall make payment to the Provider on the approved invoice during the next payment cycle following its approval of the invoice.
II. RESPONSIBILITIES. A. The Board anticipates that Dr. David V. Rasa, along with the other School Physicians and any designated other doctors, shall personally cover and perform all responsibilities and duties established or requested pursuant to this agreement unless an emergency requires coverage and performance by another qualified physician. B. The School Physicians shall be responsible for covering the District's home football games each year. The games may be covered by the School Physicians personally, or by a single designated other doctor from each School Physician's practice. Each designated other doctor must be recommended to, and approved by, the Board in advance. The game-coverage goal is to have as many games as possible covered by the School Physicians and/or their designated other doctors, but in no event shall this group cover less than 75% of the District's home games each year. Game coverage shall be equitably distributed among the School Physicians (if more than one). When no School Physician or designated other doctor can cover a particular game, slhe shall, in advance if possible, submit to the Superintendent a written explanation as to why. C. Each year, the Board may appoint a pool of no more than three additional physicians licensed in the State to act as substitutes in the exceptional cases where no School Physician or designated other doctor can cover a game that was originally assigned to a School Physician or designated other doctor. In all instances where a substitute is required, the substitute shall be chosen from the Board-approved list and the originally Page 3 of!> Regular Meeting Agenda - June 1, 2017 Page 32 of 226
assigned School Physician shall make all arrangements necessary to ensure that said substitute can, and does, perform the services required. In any situation where Dr. David V. Rasa cannot perform a required service, slhe shall notify the Board and any appropriate school administrator(s) of hislher unavailability as soon as same becomes known. Dr. David V. Rasa shall also notify the Board and any appropriate school administrator(s) of the identity of the designated substitute physician as soon as same becomes known. D. Dr. David V. Rasa shall, at the request of the Superintendent of Schools or hislher designee, examine students: 1. to learn whether they are suffering from any physical defect, whether they have contracted a contagious disease, whether they are under the influence of a controlled dangerous substance, whether they evidence departure from normal health, and whether their presence in school is detrimental to the health or cleanliness of other students; and 2. to determine the students' fitness to participate in any health, safety and physical education course, program or activity offered by the Board. The resnlts of each examination shall be recorded upon a form recommended by the Commissioner of Education. E. Dr. David V. Rasa shall direct the professional duties or activities of the school nurse(s) and/or school health aides, and shall compile and issue regulations governing professional techniques, the conduct of inspections or tests and the administration of treatment. F. 1. Dr. David V. Rasa shall, at the request of the Board, the Superintendent of Schools or hislher designee, advise the Board, the administration and teaching staff on issues relating to the promotion of health, the prevention of disease and the detection of communicable diseases. 2. Dr. David V. Rasa shall speak at each elementary school's annual "Father/Son" and/or "MotherlDaughter" meetings. Upon request, Dr. David V. Rasa shall also prepare and present one student anti smoking instructional meeting at each middle school each year. Responsibility for these elementary and middle school meetings may be divided among the other school School Physicians, but may not be delegated to any of the Board-approved alternate doctors. G. Dr. David V. Rasa shall at all times comply with the rules and regulations of the local Board of Health, the State Department of Health and the State Department of Education which relate to the sanitation of public grounds and buildings, and the prevention and control of communicable diseases. H. Assignment of Chief School Physician/School Physician responsibilities shall be made annually among all of the District's School Physicians (if more than one). L This SCHOOL PHYSICIAN shall comply with the Mandatory Equal Employment Opportunity Requirements, which are attached hereto as Exhibit A and incorporated herein.
Page 4 of9 Regular Meeting Agenda ~ June 1, 2017 Page 33 of 226
J. In addition to the above referenced Mandatory Equal Employment Opportunity Requirements, the contract documents shall also include the Board's resolution of award, attached hereto as Exhibit B, and the SCHOOL PHYSICIAN'S proposal, attached hereto as Exhibit C .
. III. SUSPENSION AND TERMINATION. A. On ten (10) calendar days' written notice, the Board may suspend or terminate this Agreement, with or without cause, for any and all reasons and without penalty or prejudice. In the event of such termination, the Provider shall be paid any undisputed charges for work performed prior to the effective date of termination in accordance with the payment terms of this Agreement. B. The Board's suspension or termination of this Agreement shall be without prejudice to, and with full reservation of, all other rights and remedies of the Board pursuant to this Agreement or as may exist at law or in equity, including but not limited to claims of errors and omissions and specific performance. C. Should the Board suspend or terminate this Agreement, the Provider agrees to cooperate and provide all information requested by the Board in connection with the continuation of the Services.
IV. LIMITATION ON LIABILITY. The Provider shall defend, indemnify and hold harmless the Board, collectively and individually, and its agents, officials, representatives and employees from and against any and all damages, losses, or claims, including, but not limited to, reasonable attorney's fees, that arise as a result, in whole or in part, from (a) any intentional or negligent act, error, or omission or failure to perform the Services by the Provider or anyone performing the Services on behalf of the Provider or (b) any breach of this Agreement or a breach of the implied covenant of good faith and fair dealing, by the Provider or anyone performing the Services on behalf of the Provider.
V. INSURANCE. The Provider shall maintain or cause to be maintained, in full force and effect insurance in such amounts and against such risks as follows: A. Broad form, comprehensive, or commercial General Liability Insurance coverage, including contractual liability, against claims for personal injury, death or property damage in an amount of not less than One Million Dollars and Zero Cents ($1,000,000.00) with respect to injury or death of a single person and in the aggregate, and One Million Dollars and Zero Cents ($1,000,000.00) with respect to property damage, together with ExcesslUmbrelia Liability Insurance in an additional amount of not less than One Million Dollars and Zero Cents ($1,000,000.00); B. Workers Compensation Insurance coverage in the statutory amount. Employer's Liability Insurance coverage in an amount not less than Five Hundred Thousand Dollars and Zero Cents ($500,000.00) each accident; and PageSof9 Regular Meeting Agenda - June 1,2017 Page 34 of 226 C. Professional Liability Insurance coverage in an amount of not less than One Million Dollars and Zero Cents ($1,000,000.00) for each claim. No later than the execution of this Agreement, and upon the Board's request from time to time, the Provider shall provide to the Board a certificate of insurance evidencing the coverage set forth above in (a) (b) and (c) from an insurance company authorized to do business in New Jersey and having an A.M. Best Rating of at least an "A-". The Provider shall also provide, upon the Board's reasonable request, full and complete copies of the insurance policies required by (a) (b) and (c) above. The coverage set forth above in (a) above shall name the Wayne Board of Education as an additional insured.
VI. CONFLICT OF INTEREST. A. The Provider represents that, to the best of its knowledge, information and belief, none of its employees nor anyone providing the Services on behalf of the Provider are engaged in conduct that constitutes a conflict of interest under, or a violation of, the School Ethics Law, NJ.S.A. 18A:12-21 et seq. and NJ.A.C. 6A:28-1.I et seq.
B. The Provider agrees that he and any other qualified physicians at High Mountain Health who might provide services to the Board in connection with this contract, shall not provide medical leave certifications for any individual current employee of the District.
VII. INCONSISTENCY. In the event any provision of this Agreement conflicts in whole or in part with the Proposal, the inconsistency shall be resolved by an interpretation which is most favorable to the Board and which imposes the greater obligation upon the Provider. In the event the inconsistency cannot be resolved in such a manner, the provisions of this Agreement shall control. The Proposal shall not be construed to impose duties or obligations on the Board beyond those set forth in this Agreement.
VIII. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties. Any modifications to this Agreement must be set forth in writing and signed by an authorized representative of both parties.
IX. DISPUTE RESOLUTION. Any and all claims, disputes or other matters in question between the Board and Provider arising out of or relating to the Agreement or alleged breach thereof shall be subject to and determined by a court of competent jurisdiction venued in Passaic County, New Jersey. The Provider hereby knowingly irrevocably waives its right to trial by jury in any action arising out of or relating to the Agreement. This waiver does not apply to personal injury actions or to any action in which another party, not bound by such Page 6 of9 Regular Meeting Agenda - June 1, 2017 Page 35 of 226
a waiver, demands trial by jury. This waiver is knowingly, intentionally and voluntarily made by the Provider. If a dispute arises between the Board and any entity or individual as to which the Board is bound to the arbitration of such disputes and the dispute directly or indirectly relates to the Agreement, then the Provider agrees that the Provider can be joined as a party to such an arbitration with respect to matters related to such arbitration. Any and all disputes which exist only between the Board and Provider, or among the Board, Provider and others as to which the Board is not bound to the arbitration of disputes, shall be subject to the provisions of this Section.
X. INDEPENDENT CONTRACTOR. The parties agree that the Provider and anyone providing the Services on behalf of the Provider are an independent contractor and nothing in the Agreement shall be construed to establish an employer/employee, agency, joint venture or partnership arrangement between the parties. Accordingly, the School Physician shall not be provided medical or dental insurance benefits by the Board. In discharging all duties and obligations hereunder, the Provider and anyone providing the Services on behalf of the Provider shall at all times remain in an independent contractor relationship with the Board. The' Board assumes no responsibility for the payment of compensation, wages, benefits or taxes of any employees of the Provider.
XI. ASSIGNMENT. The rights of the parties under this Agreement are personal to each party, and neither party may assign, transfer, hypothecate or otherwise assign its rights or delegate its duties under the Agreement whether voluntarily, involuntarily or by operation of law, without the prior written consent of the other party to the Agreement, which shall not be unreasonably withheld.
XII. BUSINESS REGISTRATION. Pursuant to NJ.S.A. 52:32-44, the Provider shall remit a copy of its Business Registration Certificate to the Board no later than the execution of this Agreement. The Provider shall provide written notice to anyone providing the Services on behalf of the Provider of the responsibility to submit proof of Business Registration to the Provider, if applicable. The requirement of proof of Business Registration extends down thtough all levels (tiers) of the Services.
XIII. NJAC. 13:6-1.3 MANDATORY LAW AGAINST DISCRIMINATION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS Pursuant to the provisions of N.J.S.A. 10:2-1 thtough 10:2-4, during the performance of this Agreement, the Provider agrees as follows: A. In the hiring of persons for the performance of work under this Agreement or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment Page 7 of9 Regular Meeting Agenda - June 1, 2017 Page 36 of 226
supplies or services to be acquired under this contract, no contractor, including, without limitation, the Provider, nor any person acting on behalf of such Provider or subcontractor, shall, by reason of race, religion, sex, national origin, creed, color, ancestry, age, marital status, gender identity or expression, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality, discriminate against any person who is qualified and available to perform the work to which the employment relates; B. No contractor, including, without limitation, the Provider, subcontractor, nor any person acting on its behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this Agreement or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race; religion, sex, national origin, creed, color, ancestry, age, martial status, gender. identity or expression, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality; C. There may be deducted from the amount payable to the Provider by the Board, under this Agreement a penalty of $50.00 (fifty dollars) for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the Agreement; and D. This Agreement may be canceled or terminated by the Board, and all money due or to become due hereunder may be forfeited, for any violation of this section of the Agreement occurring after notice to the Provider from the Board of any prior violation of this section of the Agreement.
XIV. MISCELLANEOUS PROVISIONS. A. Any notices required or permitted to be given pursuant to the terms of this Agreement shall be sufficiently given when delivered personally, by courier services (such as Federal Express), certified mail, return receipt requested, or by facsimile, with transmission confirmation, addressed to the other party. B. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original. C. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and their assigns. D. In all references in this Agreement to any parties, persons, entities or corporation, the use of any particular gender or the plural or singular number shall be intended to include the appropriate gender or number as the text of this Agreement may require. E. If any provision of this Agreement shall be finally adjudged illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remaining provisions of this Agreement. Page8of9 Regular Meeting Agenda - June 1,2017 Page 37 01226
F. Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of enforcing any other provision or condition, nor a waiver of enforcing against a subsequent breach of the same provision or condition, unless such waiver is expressed in writing and signed by the party to be bound. G. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed by the Board President and the SCHOOL PHYSICIAN on the date written below.
WITNESS WAYNE BOARD OF EDUCATION
Michael J. Donow, RSBA Donald J. Pav lale, Jr. School Business Administratorl Board President Board Secretary
Dated: ______
WITNESS DR. DAYID RASA
School Physician
Dated: ______
Page 9 019 Page 38 of 226 Regular Meeting Agenda - June 1, 2017
(·"ucation~ Data ~____ Sernces, Inc.
"The Educated Way 10 Purchase" www.ed-data.com
Mr. Emidio D'andrea January 17,2017 Wayne Twp Public School 50 Nellis Dr Wayne, NJ 07470
Dear Board of Education:
Thank you for your support in making the New Jersey Cooperative Bid Maintenance Program the largest and most successful shared services program of its kind. This year participating districts received the lowest overall pricing for consumable school supplies in the state.
The licensing and mainlenance fee for the 2017-2018 school year will be: $ 22,700.00 The Right to Know services for the 2017-2018 school year will be: $ 2,200.00
The licensing fee refers to the use of our copyrighted bid specifications and interactive software. The maintenance fee refers to the supplying of our cooperative bid prices, cross referenced awarded vendor catalogs. updated users and account codes. The above will be utilized in ordering 2018-2019 district school supplies.
Payment SchedUle
~ ~ RIK 07101/2017 $ 5,675.00 $ 1,100.00 10/01/2017 $ 5,675.00 $ 0.00 0110112018 $ 5,675.00 $ 1,100.00 04/01/2018 $ 5,675.00 $ 0.00 $ 22,700.00 $ 2,200.00
Acknowledged By:
Date: ------
Sincerely. {J VI Alan Wohl Educational Data
Cooperative Bidding Services. Textbook Procurement· Right-To-Know • Ancillary Bids' Consulting 236 Midland Avenue. Saddle Brook. NJ 07663 • Voice 973.340-8800 Fax 973.340-0078 Regular Meeting Agenda - June 1,2017 Page 39 of 226
vn...... , Galaxy Insurance, llC Public Entity Insurance & Risk Managernent
May 1, 2017
Mr. Emidio D'Andrea Wayne Township Board of Education SO Nellis Drive Wayne, NJ 07470
Re: 2017-2018 Insurance Programs
Dear Mr. D' Andrea
It is the Intent of Polaris Galaxy Insurance, LLC to continue providing insurance coverage for the 2017- 2018 term. The services will include completion of all necessary applications, review of loss runs and all aspects of the risk management services.
Should you need or require any additional information, please do not hesitate to contact me.
Thank you.
777 Tsrrace Avenue. Suite 309 I Hasbrouck Heights, NJ 07604 Tr::! 201 727 -1720 / Fax 201 727 -GOaO ',.'lWw,po!arisga!o.xy com Regular Meeting Agenda - June 1, 2017 Page 40 of 226
STEVEN L RO GU T DANIEL 1. McCARTHY ROGUT MCCARTHY LLC DI ANE U. DABULAS COUNSELLORS AT LAW THOMAS 1. BACE tt
ANN S. BEDDINGFIELD, Of Co un sci t 37 ALDEN STREET Telephone (908) 931- 11 50 PATRI CE E. HEW CRANFORD, NEW JERSEY 070 16-2106 Facsimile (908) 931-1151 RYAN S. MclNERNEY Facsimile (908) 653-4832
t AD,\HTTED IN NY AND NC ONLY tt ALSO ADMI"lTW IN ~L AND DC
May 1,2017
Mr. Emidio D'Andrea Business Admini strato r! Board Secretary Wayne Township Public Schools 50 Nellis Drive Wayne, NJ 07470
Re: Bond Counsel Services Wavne Board of Education
Dear Mr. D'Andrea:
On behalf of Rogut McCarthy LLC , thank you for the opportunity to submit a description of the finn and our fee schedule for bond counsel services for the Wayne Board of Education (the "Board"). Our representation of the Board commenced in 1996, and we are very interested in continuing to provide bond counsel services to the Board.
GENERAL
Rogut McCarthy LLC provides representation to governmental entiti es, corporations and individuals in several speciali zed areas of practice: public finance; li tigation; labor and employment law; municipal law; insurance/surety; and real estate. Our aggressively-sized finn brings together experienced attomeys dedicated to, and capable of. serving clients in an efficient, timely and result-oriented manner. Regular Meeting Agenda - June 1, 2017 Page 41 of 226
Mr. Emidio D'Andrea May 1,2017 Page 2
BIOGRAPHIES (BOND COUNSEL)
Steven L. Rogut. Principal. Georgetown University A.B. '81 (magna cum laude). Georgetown University Law Center J.D. '85 (cum laude). Admitted to practice in 1985. He has been practicing public finance law since 1985 and has worked on major bond financings throughout the United States. In 1995, Mr. Rogut leti the Newark office ofa major international law firm (LeBoeuf, Lamb, Greene & MacRae) to be a co-founder ofRogut McCarthy PC in order to continue serving his New Jersey bond clients. He is experienced in general obligation bond transactions for New Jersey municipalities, counties and boards of education as well as authority revenue bond transactions and industrial development financings. He is a Fellow of the American College of Bond Counsel and a member of the National Association of Bond Lawyers and the Public Finance Subcommittee of the Local Govenunent Law Section of the New Jersey State Bar Association. Mr. Rogut is the author of the chapter on municipal bonds in the New Jersey Municipal Clerk's Guidebook and has lectured on bonds in the New Jersey Municipal Clerk's certification courses, courses for newly elected municipal officials, accounting continuing education courses and as a guest speaker for school business administrators' , municipal clerks' and Mayors' associations. Since 2009, he has organized and conducted semi-annual meetings of New Jersey bond attorneys to share information and experiences to better serve public finance clients in the State.
Ann S. Beddingfield. Of Counsel. Mount Holyoke College A.B. '65 (National Merit Scholar). University of North Carolina School of Law J.D. '73. Columbia University School of Law L.L.M. (General) '80. New York University School of Law L.L.M. (Taxation) '84. Admitted to practice in North Carolina (1973), New York (1981) and Connecticut (1985). Ms. Beddingtie1djoined the finn in 2004 as Of Counsel atier twenty years as a tax lawyer for several major bond finns in New York City, including Hawkins, Delafield & Wood and Brown & Wood. She pal1icipated on a national basis in housing, hospital, 501(c)(3), industrial development, solid waste and governmental bond issues. She has experience in drafting ruling requests submitted to the Internal Revenue Service. Ms. Beddingfield, in addition to performing the finn's tax work on bond issues, is also involved in all aspects of bond counsel representations on the State level and serves as trustee' s counsel.
Thomas J. Bace. Partner. University of South Carolina B.A. '95 (cum laude). Rutgers University School of Law (Camden) J. D. '98. Admitted to practice in New Jersey (1998), Florida (2007) and District of Columbia (2007). Mr. Bace joined the firm in 2007 atier seven years with a prominent Monmouth County firm where he had broad experience in municipal, public finance and real estate law. He is primarily involved in the firm's general obligation bond practice.
Peter J. Calhoun. Paralegal. Horizon Institute of Paralegal Studies '03. Mr. Calhoun has 12 years experience as a paralegal. He joined the finn in 2013 and works exclusively in the general obligation bond practice. Regular Meeting Agenda - June 1,2017 Page 42 of 226
Mr. Emidio D'Andrea May 1,2017 Page 3
PUBLIC FINANCE PRACTICE
Steven L. Rogut heads the finn's public finance practice, and is assisted by Messrs. Bace and Calhoun and Ms. Beddingfield. The firm presently serves as bond counsel to approximately 110 boards of education, municipalities, counties and authorities in New Jersey. Attached as Appendix A is a list of bond issues for which this firm has served as bond counsel for the last three years.
As bond counsel to New Jersey boards ofed ucation, the tirm provides comprehensive legal services in the financial area. Working closely with the school superintendents, business administrators, board secretaries, auditors and attorneys, public finance attorneys prepare the vari ous documents required for a school district to issue debt under the laws of the State of New Jersey and the Internal Revenue Code. In order to assure the purchasers of municipal bonds and notes that the obligations they purchase have been issued in compliance with law, the finn renders an approving legal opinion as to the validity of the proceedings authorizing the bonds or notes, the security for the obligations, and the tax-exempt status of interest on the bonds or notes.
SCOPE OF SERVICES
The scope of our services for a school bond issue incl udes preparation and supervision of electi on proceedings (i ncluding coordinati on of school, municipality and county acti vi ties under the new school election statutes), compilation of school bond transcripts, submission of reso lution to the Commissioner of Education, participation with yo ur Auditor in the preparation of the preliminary and final Official Statement (Auditor to have primaJY responsibility for document preparation), preparation of the Notice of Sale, coordination of printing of offering materi als, attendance at sale, preparation of closing documents, rendering of Federal income tax compliance advice, coordination of bond printing, coordination of and attendance at closing and the rendering of an approving legal opinion. As you can see, our role in the financing is pervasive - we are responsible for either performing the various steps required for a successful sale ourselves or directing others to take required actions and checking on their performance.
With the passage of the Education Facilities Construction and Financing Act (the "State School Funding Act"), oW" services also include working with school di strict officials and professionals in the process of applying to the Depal1ment of Education for State funding of projects and also representing the school district in obtaining the State ti.ll1ding. Regular Meeting Agenda - June 1,2017 Page 43 of 226
Mr. Emidio D'Andrea Mayl,2017 Page 4
FEES
School bond elections not involving extensions of credit are quoted at a flat fee of $2,000, plus disbursements. The fee covers preparation and supervision of election proceedings, attendance at meetings, compilation of school bond transcripts and submission of resolution to the Commissioner of Education. If the election does not carry, we would expect to be compensated for our reasonable time and expenses incun'ed in the matter, but not exceeding $2,000.
For the bond issuance portion of our representation, we propose to provide our services for a fixed fee of $13 ,000, plus out-of-pocket disbursements. This fee assumes that the transaction proceeds in the normal course and that no unexpected delays occur which result in significant changes in the terms or timing of the ilnancing. Out-of-pocket disbursements would include those normally associated with public financing matters such as photocopying, courier services, postage and telecopying. I f the bond issue does not close we would expect to be compensated for our reasonable time and expenses incurred in the matter. The fee for issuance of school promissory notes is $50 per $1 00,000 of notes prepared, or fraction thereot; with a minimum of $500 for each issue of notes. If the Board proceeds with a refunding bond issue, a mutually agreeable fixed fee (payable only upon the closing or the transaction) would be determined prior to the commencement of the work.
CONCLUSION
We appreciate the opportunity to respond to your request for proposal. [fyou have any questions, please do not hesitate to call me at (908) 93 [-1150. V"'lF Steven L. Rogut Regular Meeting Agenda· June 1, 2017 Page 44 of 226
Appendix A
Rogut McCarthy LLC Bond Issues (2014-2016) Serving as Bond Counsel
$7,285,000 Town of Secaucus Refunding Bonds (Series 2016) dated 12/8116
$3,835,000 Borough of Chatham Combined Seri es Refunding Bonds (Series 2016) dated 11 /23116
$3,655,000 Oxford Board of Education School Refunding Bonds (Series 2016) dated 11114116
$6,830,000 Ci ty of Garfield General Improvement Bonds dated 8115/16
$14,884,000 Cedar Grove Board of Education School Bonds dated 8/15/16
$6,500,000 West Milford Board of Education School Bonds dated 7/15/16
$9,500,000 Township of Springfield General Improvement Bonds dated 7/1511 6
$3,000,000 County of Passaic Combined Series Bonds dated 717/1 6
$77,500,000 County of Union Combined Series Bonds dated 6/15/16
$7,285,000 Borough of Woodland Park Refunding Bonds (Series 2016) dated 5/5/16
$4,685,000 Township of Holmdel Refunding Bonds, Series 2016, dated 3/24/16
$3,205,000 Borough of Englewood Cliffs Refunding Bonds (Seri es 20 16) dated 3/23/16
$6,135,000 Borough of NOlth Arli ngton Refunding Bonds. Series 2016, dated 3/17/16
$8,170,000 Borough of Watchung General Improvement Bonds dated 2115116
$5,575,000 Township of Clark Refunding Bonds (Seri es 2016) dated 1/29116
$6,150,000 Borough of Paramus Combined Series Refunding Bonds (Seri es 2015) dated 12/29115
$8,610,000 Borough of New Milford General Improvement Bonds dated 1211 11 5
A- I Regular Meeting Agenda - June 1, 2017 Page 45 of 226
$7,935,000 Township of Woodbridge Refunding Bonds (Series 2015) dated 1112/15
$1,760,000 Borough of Ogdensburg Refunding Bonds (Series 2015) dated 10/27/15
$3,020,000 Borough of Bergenfield Refunding Bonds (Series 2015) dated 10/22/15
$2,270,000 Lyndhurst Board of Education School Refunding Bonds (Series 2015) dated 9/9/15
$9,159,000 Town of Westfield General Improvement Bonds dated 8/15/15
$2,074,000 Borough of Old Tappan General Improvement Bonds dated 8115/15
$4,740,000 Hasbrouck Heights Board of Education School Refunding Bonds (Series 2015) dated 8/4/15
$1,705,000 Borough of Point Pleasant Beach Refunding Bonds (Series 2015) dated 7/9/15
$16,460,000 Borough of Oakland Combined Series Bonds dated 5/15/15
$3,015,000 Borough of Allendale General Improvement Refunding Bonds (Series 2015) dated 5/7/15
$4,655,000 Borough of Allendale Combined Series Bonds dated 5/1115
$69,250,000 County of Union Combined Series Refunding Bonds (Series 2015) dated 4/10115
$2,741,000 Borough of Garwood General Improvement Bonds dated 4/1115
$6,695,000 Borough of North Haledon General Improvement Bonds dated 3/15115
$2,060,000 Wallington Board of Education School Refunding Bonds (Series 2015) dated 2/26/15
$3,885,000 City of Garfield Combined Series Refunding Bonds (Series 2015) dated 2/25/15
$16,030,000 BCTA County Guaranteed Governmental Loan Refunding Bonds, Series 2014 (Saddle Brook Township Project) dated 12/23114
$14,610,000 Borough of Madison General Improvement Refunding Bonds (Series 2014) dated 12/4114
$5,072,000 Borough of Waldwick General Improvement Bonds dated 11/1114
$2,617,000 Wallington Board of Education School Bonds dated 8/15/14
$17,075,000 Carlstadt Board of Education School Refunding Bonds (Series 2014) dated 8/15114
A-2 Regular Meeting Agenda - June 1,2017 Page 46 of 226
$2,212,000 Township of Roxbury Water Utility Bonds dated 8/1/14
$7,200,000 Township of Teaneck General Improvement Bonds dated 7/15114
$3,360,000 Borough of Old Tappan Combined Refunding Bonds, dated 7110/14
$4,370,000 Borough of Maywood Refunding Bonds (Series 2014) dated 7110114
$1,740,000 Hasbrouck Heights Board of Education School Bonds dated 7/1/14
$65,000,000 County of Union Combined Series Bonds dated 6/15/14
$10,020,000 Dumont Board of Education School Refunding Bonds (Series 2014) dated 6/3/14
$5,607,000 Borough of Fairview General Improvement Bonds dated 2115/14
$3,555,000 Borough of Hasbrouck Heights Refunding Bonds (Series 2014) dated 2110/14
$27,190,000 Township of Woodbridge Combined Series Refunding Bonds dated 217114
$9,550,000 Borough of Glen Rock General Improvement Bonds dated 1115114
A-3 Regular Meeting Agenda - June 1, 2017 Page 47 of 226
8TO))) COtvsut.. rANTS Agreement for E-rate Consulting Services Broadband/Internet Access
This agreement is for consulting services to be provided by BTU Consuttants, LLC (BTU) to assist Wayne BOE (the Client) with the tasks required for defining and submiHing an application to the Federal Communications Commission (FCC), Universal Service Administrative Company (USAC), Schools and Libraries Division (SLD) for the Category One Service (Broadband/Internet Access) as part of the E-rate program. This will include all work completed from July 1,2017 through June 30, 2018.
BTU is commiHed to safeguarding the privacy of information collected from Client and shall maintain the confidentiality of such information. BTU will not sell or rent to anyone the private information entrusted to us. BTU will retain all records for Client for ten years per FCC regulations.
BTU and the Client shall discuss and agree upon the information needed for rendering of services. The Client agrees to provide to BTU all such information as agreed to be necessary. With respect to such information, the Client understands and agrees that BTU will rely solely upon the Client to ensure the accuracy and completeness thereof, as the Client recognizes that it is impossible for BTU to ensure the accuracy and completeness of such information. Further, BTU will not be responsible for knowledge of or compliance with local or state procurement laws. As a consultant hereunder, BTU will not be reviewing vendor RFPs or recommending vendors and any vendor selections will be the sale responsibility of the Client.
Phase I - Form 470: Based on the Client's input, BTU shall prepare a FCC Form 470 for the Client's signature and shall review the form with the Client to answer any questions. This form notifies the SLD of the Client's intention to file specific requests within the upcoming funding year. The current estimated date for filing oftha Form 470 is October - December.
Phase II - Form 471: BTU shall work with the Client to gather all required information on current local, long distance, cellular and other eligible Telecommunications and Internet costs. BTU shall prepare an FCC Form 471 for the Client's signature and shall review the form with the client to answer any questions. This form represents the Client's specific funding requests for the upcoming funding year. The current estimated date for filing of the Form 471 is December - April.
Phase III - Form 486: Once the SLD notifies Client of funding approvals, BTU shall prepare an FCC Form 486 for the Clienfs signature and shall review the form with the Client to answer any questions. This form notifies the SLD that the Client's services have started and of the Client's intention to accept the funds. The current estimated date for filing of the Form 486 is June - September. .
Phase IV - Receipt of discounts and Form 472 Billed Entity Applicant Reimbursement (BEAR): BTU shall monitor the Client's awarded funds and assist in recouping all eligible discount amounts. BTU shall prepare all necessary BEAR forms or apply for discounts with all service providers for the current funding year.
Page 1 of7 April 19, 2017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2188 1293 Pinehurst Club Ct, 0 Fallon, MO 63366 Regular Meeting Agenda - June 1,2017 Page 48 of 226 BTO)) COfV5U:.TANTS
Agreement for E-rate Consulting Services Broadband/Internet Access
BTU's fea for E-rate filing services for Wayne BOE for the 2017-2018 School Year shall be $5,340.00. For each school year one half of this fee shall be invoiced in September and one half of the fee shall be invoiced in March. Should Client require additional assistance from BTU, outside of the scope listed above, appropriate changes will be made in BTU's fee for the balance of the program. Changes will be discussed, documented and approved by Client before proceeding. Reasonable travel and living expenses shall be charged at actual cost, if required. BTU's liability under this agreement shall be limited to the fees collected on an annual basis.
Specific services to be provided by BTU and responsibilities of the Client are outlined below.
BTU Responsibilities: • Telephone interview to review program and district requirements • Advise the Client regarding issues and tasks to be completed for eligibility. • Discuss potential elements for funding. • Provide a list of the client-owned data required for submission. • Review of current contracts to ensure that they follow E-rate guidelines for compliance, fair competition and deadlines • Complete the required FCC forms. • Provide completed FCC forms to the Client for approval and signature. • File appeals, if necessary.
Client Responsibilities: • Supply BTU with all required infomnation necessary for filing, including, but not limited to: o Contact Information o School district building counts o School district student counts by school o Free and reduced lunch counts by school o Current service provider bills (telephone, Internet, Wireless, etc.). o Current service provider contracts (telephone, internet, wireless, etc.). • Provide accurate and complete documents for all services that are E-rate eligible. • Ensure that all bidding documents and new contracts follow the E-rate guidelines for compliance, fair competition and compliance with E-rate deadlines. • Work with Service Providers to negotiate contracts • Provide timely responses to BTU. • Approve, submit, and certify completed forms to the SLD in a timely manner, prior to submiSSion deadlines. • Provide single point of contact and knowledge transfer for adherence to SLD guidelines regarding: • CIPA Compliance • Record Retention
Page 20f7 April 19, 2017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2188 1293 Pinehurst Club Ct, 0 Fallon, MO 63366 Regular Meeting Agenda - June 1,2017 Page 49 of 226
'Tl);\~'})j BCONSULiANTS
Agreement for E-rate Consulting Services Broadband/lnternet Access
We appreciate the opportunity to be of service to Wayne BOE.
Accepted for: Accepted for: WayneBOE BTU Consultants, LLC
Signature Signature Lori Thompson
Printed Name Printed Name
Member Title I Date Title I Date
Page 3 017 April 19, 2017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2188 1293 Pinehurst Club Ct, 0 Fallon, MO 63366 Regular Meeting Agenda - June 1, 2017 Page 50 of 226
Agreement for E-ra!e Consulting Services Category Two - Broadband Internal Connections and/or Maintenance
Option One: Category 2 E-rate consulting services are for Broadband Internal Connections, Services, and/or Maintenance based on the needs of the District or any part of the District.
Specific services to be provided by BTU and responsibilities of the Client are outlined below.
Category 2 - Broadband Internal Connections and/or Maintenance
BTU Responsibilities: - Telephone interview to review program and district requirements • Advise the Client regarding issues and tasks to be completed for eligibility for Category 2. • Discuss potential elements for funding. - Track the Budgeted amount of money according to E-rate rules • Provide a list of the client-owned data required for submission. • Review of current contracts to ensure that they follow E-rate guidelines for compliance, fair competition and deadlines • Complete the required FCC forms. • Provide completed FCC forms to the Client for approval and signature. • File appeals, if necessary.
Client Responsibilities: • Supply BTU with all required information necessary for filing, including, but not limited to: • Contact information • School district building counts • School district student counts by school • Free and reduced lunch counts • Current service provider bills (for equipment and maintenance, if required) • Current service provider contracts (for equipment and maintenance, if required) • Itemized list of equipment and maintenance components by building - Provide accurate and complete documents for all services that are E-rate eligible. • Ensure that all bidding documents and new contracts follow the E-rate guidelines for compliance, fair competition and compliance with E-rate deadlines. • Work with Service Providers to negotiate contracts • Provide timely responses to BTU. • Approve, submit, and certify completed forms to the SLD in a timely manner, prior to submission deadlines. • Provide single point of contact and knowledge transfer for adherence to E-rate guidelines regarding: • CIPA Compliance • Record Retention
Page 4of7 April 19, 2017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2188 1293 Pinehurst Club Ct, 0 Failon, MO 63366 Regular Meeting Agenda - June 1, 2017 Page 51 of 226
Agreement for E-rate Consulting Services Category Two - Broadband Internal Connections and/or Maintenance
SCHEDULE OF COMPLETION: The start date of the renewal agreement shall be - July 1, 2017. The end date shall be no later than June 3D, 2018.
AGREEMENT AMOUNT: Category 2 E-rate Consulting Services amount is $5,340.00.
Should Client require additional assistance from BTU, outside of the scope listed above, appropriate changes will be made in BTU's fee for the balance of the program. Changes will be discussed, documented and approved by Client before proceeding. Reasonable travel and living expenses shall be charged at actual cost, if required. BTU's liability under this agreement shall be limited to the fees collected on an annual basis.
Accepted for: Accepted for: Wayne Board of EducatIon BTU Consultants, LLC
Signature Signature Lori Thompson
Printed Name Printed Name
Member Title I Date Title I Date
Page 5 of7 April 19, 2017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2188 1293 Pinehurst Club Ct, 0 Fallon, MO 63366 Regular Meeting Agenda - June 1,2017 Page 52 of 226
BTl)) CONSUL7ANrs
Agreement for Telecommunications Audit Block of Hours
BTU Consultants is pleased to present the following Statement of Work to Wayne Board of Education for the assistance with telecommunications related audit seNices, otherwise known as our Telecommunications Expense Management (TEM) Program.
The following is the Scope of Work to be performed:
- Gather copies of telecom bills, contracts and request SeNice Provider Customer SeNice Records (CSR's)
- Analyze and Evaluate: Bills and CSR's Client requirements Contracts/tariffs/laws/taxes Correct billing errors, apply for refunds & credits Usage Patterns Evaluate tariffed rate options Network Configuration Analyze traffic studies (based upon approval for costs from SeNice Provider)
- Present Formal Report: Document current expenses Obtain client approval Recommendations
Implementation of Approved Recommendations Changes: Place orders Troubleshoot billing/physical problems Coordinate physical changes (if any) Cancel previous service Follow up on changes
- Verify Savings on bills
Page 6 of7 April 19, 2.017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2.188 1293 Pinehurst Club Ct, 0 Fallon, MO 63366 Regular Meeting Agenda - June 1, 2017 Page 53 of 226 BTD)) CONSULTANTS ,,0 Option Two Agreement for Telecommunications Audit Block of Hours
This Block of Hours will consist of up to 20 hours, billed at $90.00 per hour, for a total of $1,800.00. If less than 20 hours are used, the actual amount of hours used will be billed. If this Scope of Work requires more than 20 hours, BTU will request that the district provide another Block of Hours to complete the project or approval to continue billing on an hourly basis.
Accepted for: Accepted for: Wayne Board of Education BTU Consultants, LLC
Signature Signature
Lori Thompson
Printed Name Printed Name
Member Title I Date Title I Date
Page 7 017 April 19, 2017
BTU Consultants, LLC • P: 636-294-7117 • F: 636-294-2188 1293 Pinehurst Club Ct, 0 Fallon, MO 63366 Regular Meeting Agenda - June 1, 2017 Page 54 of 226
201 7-2018 AGREEMENT for CONTINUING DISCLOSURE AGENT SERVICES and appointment as INDEPENDENT REGISTERED MUNIC IPA L ADVISOR
THIS AG REEMENT, made and entered into on th is day of , 20 ("Agreement") by and between the Wayne Townshi p School Distri ct, 50 Nellis Drive, Wayne, NJ 07470 (hereinafter referred to as the "Iss uer"), and Ph oenix Advisors, LLC, 4 West Park Street, Bordentown, NJ 08505 (" Ph oenix Advisors"),
WITNE SS ETH :
W HEREAS, the Issuer has heretofore agreed th rough the execution of Continu ing Disclosu re Agreements ("CDAs") in connecti on w it h one or more bond issuances to provide ce rtain financial and other information and notices, w ithin specified timefra mes, in a manner prescribed by the regulators of the underwriter that purchased said bond issues; and
W HEREAS, but for the execution of the CDAs, the underwriter of such bo nds would be prohibited from purchasing the bonds of the Issuer; and
W HER EAS, in order to ascertain its compli ance with var ious CDAs executed in conjunction with the iss uance of bonds, the Issuer must identify the requ irements st ipulated in those various CDAs and compare those requ irem ents w ith its filings and correct any deficiencies; and
WHER EAS, rules and regulati ons promulga ted by the Securities & Exchange Commiss ion ("SEC") restrict the provision of advice concerni ng the issuance of municipal debt to those that are appropriately reg istered w ith the SEC; and
WHEREAS, it is beneficial to reta in the assistance of appropriately registered experts in the field of municipal bond finance, w ith knowledge and ,experi ence in these matters, to ass ist in assu ring compliance w ith CDAs and to stand ready to provide advice as needed w ith the issuance of municipal debt as Independent Registered Municipal Advisor; and
WHEREAS, Phoeni x Advisors provides such Conti nuing Discl osure services and is an independent reg istered municipal ad visor under the SEC regulations and has heretofore been appointed by the Issu er to provide the same until the expi ration of th is Agreement, as defi ned in Section 3 herein; an d
WHEREAS, the parti es des ire to set forth herei n the term s and co nditions under w hich Ph oenix Advisors will provide such services to the Issu er.
NOW, TH EREFO RE , THE PARTIES HE RE TO, IN CONSIDERATIO N O F MUTUAL COVEN ANTS H EREIN CONTAINED AND O TH ER GOOD AND VALU ABL E CONSIDERATI ON, EACH INTENDING TO BE LEGALLY BO UND, H EREBY AGREE AS FO LLOWS: Reg ular Meeting Agenda -June 1, 20 17 Page 55 of 226
Section 1. Phoenix Advisors, exercising its duty of care, will perform, inter alia, the tasks described in the Scope of Services summarized in Ex hibit I and, if fu rther requested, in Exhibit II attached hereto. Sectio n 2. The Iss uer w ill compensate Phoenix Advisors for services provided in accordance with this agreement, as more pa rticularly set forth below:
Continuing Disclosure Agent Service:
$850 - AII·inciusive fee
Independent Registered Municipal Advisor There is no separate fee charged by Phoenix Advisors for being designated as your Independent Registered Municipal Advisor (IRMA). As your IRMA, we w ill be available to answer general questions concerning outstanding debt issues, market conditions, prel iminarily review financing proposals, or prepare prel iminary project analyses.
A separate addendum to this Agreement will be provided for your acknowledgement, if you choose to have Phoenix Advisors involved in a debt issuance or to undertake an in·depth evaluation of a proposal or project, perform a consultant se rvice, or assist w ith rating agency surveillance. Our goal is to be avai lable to you and to add value when you need our expertise.
Section 3 . This Agreement, as to Continuing Disclosure Agent services and Municipal Advisor se rvices, is subject to annual renewal.
Section 4. This Agreement may be terminated by the Issuer or Phoenix Advisors, upon giving thirty (30) days prior written notice.
Section 5 . This Agreement shal l be construed in accordance with and governed by the laws of the State of New Jersey.
IN WITNE SS WHEREOF, the Issuer and Phoenix Advisors have caused this Agreement to be du ly executed by their authorized representatives as of the day and year first above written.
WAYNE TOWNSHIP SCH OOL DISTRICT By: ______
PHO~N);&' L C By:! ! ' ~ DaVid B. TI ompson Chief Executive Officer
2 Regular Meeting Agenda - June 1,2017 Page 56 of 226
I)N I SI V 0 eel ALlP Certified Public Accountonts & Advisors Mount Arlington Corporate Center 200 Valley Road, Suit~ 300 MI. Ar~ngton, NJ 07856 973-328-18251973·328·0507 Fax lawrence Business Center 11 Lawrence Road NeWlon, NJ 07860 973·383·6699 197a-383·6555 Fax April 28, 2017
The Honorable President and Members of the Wayne Township School District Board of Education so Nellis Drive Wayne, NJ 07470
We are pleased to confirm our understa!1ding of the services we are to provide the Wayne Township School District Board of Education for the fiscal year ended June 30, 2017. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the Wayne Township School District's (the "District's") basic financial statements as of and for the fiscal year ended June 30, 2017. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RS1), such as management's discussion and analysis (MD&A), to supplement the District's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the District's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:
L Management's Discussion and Analysis. 2. Budgetary Comparison Schedules. 3. GASB#68 Required Supplementary Information Pension Schedules
We have also been engaged to report on supplementary information other than RSI that accompanies the District's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the fmancial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditors' report on the financial statements:
I. Schedule of expenditures of federal and state awards. . 2. Supplementary combining and individual fund financial statements, and supplementary schedules, not included as RSI.
www.nlsivoecla.com Independent Member ofBKR International Regular Meeting Agenda - June 1,2017 Page 57 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 2 April 28, 2017
The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditors' report will not provide an opinion or any assurance on that other information.
I. Introductory Section 2. Statistical Section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your fmancial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements taken as a whole. The objective may also include reporting on:
• Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
• Internal control related over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal and state statutes, regulations, and the tenns and conditions of federal and state awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996, Title 2 U.S. Code ofFederal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and New Jersey's OMB 15-08, Single Audit Policy for Recipients ofFederal Grants, State Grants, and State Aid.
The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance and New Jersey's OMB 15-08 report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Unifonn Guidance and NJOMB 15-08. Both reports will state that the report is not suitable for any other purpose.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; audit requirements as prescribed hy the Office of School Finance, Department of Education, State of New Jersey, the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Unifonn Guidance and NJOMB 15-08, and will include tests of accounting records, a detennination of major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. We will issue written reports upon completion of our single audit. Our reports will be addressed to the Board of Education. We ,cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modifY our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. Regular Meeting Agenda - june 1, 2017 Page 58 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 3 April 28, 2017
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or govermnental regulations that are attributable to the District or to acts by management or employees acting on behalf of the District. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will infonn the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We wi!! include such matters in the reports required for a single audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedules of expenditures of federal and state awards; federal and state award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.
Audit Procedures-Interual Control
Our audit will include obtaining an understanding of the District and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
As required by the Unifonn Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material Regular Meeting Agenda - June 1,2017 Page 59 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 4 April 28, 2017
noncompliance with compliance requirements applicable to each major federal and state award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance and NJOMB 15-08.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, the Uniform Guidance and NJOMB 15-08.
Audit Procedures-Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
The Uniform Guidance and NJOMB 15-08 require that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable federal and state statutes, regulations and the terms and conditions of federal and state awards applicable to major programs. Our procedures will consist oftests of transactions and other applicable procedures described in the OMB Compliance Supplement and the State Grant Compliance. Supplement for the types of compliance requirements that could have a direct and material effect on each of District's major programs. The purpose of these procedures will be to express an opinion on the District's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance and NJOMB 15-08.
Other Services
We will also assi st in preparing the financial statements, the required supplementary information, the supplementary information other than RSI including the schedules of expenditures of federal and state awards, and related notes of the District and as well as the other information schedules in conformity with U.S. generally accepted accounting principles and the Uniform Guidance and NJOMB 15-08 based on information provided by you. Additionally, we will assist you in the preparation of a trial balance limited to formatting information into a working trial balance based on your management's chart of accounts. Finally, we will assist you with the adjustments to convert your budgetary basis records to the accrual basis of accounting and then to the district-wide basis with supporting schedules and calculations prepared by you. These nonaudi! services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, the required supplementary information, the supplementary information other than RSI including the schedules of expenditures of federal and state awards, and related notes of the District and as well as the other information schedules in conformity with U.S. generally accepted accounting principles and the Uniform Guidance and NJOMB 15-08 based on information provided by you as well as assisting you in the preparation of a trial balance limited to formatting information into a working trial balance based on your management's chart of accounts and with the adjustments to convert your budgetary basis records to the accrual basis of accounting and then to the district-wide basis with supporting schedules and calculations prepared by you, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Regular Meeting Agenda - June 1, 2017 Page 60 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 5 April 28, 2017
Management Responsibilities
Management is responsible for (a) establishing ~d maintaiIring effective internal controls, including internal controls over federal and state awards, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (b) following laws and regulations; (c) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (d) ensuring that management and fmancial information is reliable and properly reported. Management is also responsible for iInplementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedules of expenditures of federal and state awards, and for all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with applicahle laws and regnlations (including federal and state statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsihilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.
Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (I) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance and NJOMB 15-08, (3) additional information that we may request for the purpose of the audit, and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and confirming 10 us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal and state statutes, regulations, and the terms and conditions of federal and state awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review on June 30,2017.
You are responsible for identifying all federal and state awards received and understanding and complying with the compliance requirements and for the preparation of the schedules of expenditures of federal and state awards (including notes and noncash assistance received) in conformity with the Uniform Guidance and NJOMB 15-08. You agree to include our report on the schedules of expenditures of federal and state awards in any document that contains and indicates that we have reported on the schedules of expenditures offederal and state awards. You also Regular Meeting Agenda ~ June 1, 2017 Page 61 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 6 April 28, 2017
agree to include the audited financial statements with any presentation of the schedules of expenditures of federal and state awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedules of expenditures of federal and state awards no later than the date the schedules of expenditures of federal and state awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (I) you are responsible for presentation of the schedules of expenditures of federal and state awards in accordance with the Uniform Guidance and NJOMB 15-08; (2) you believe the schedules of expenditures of federal and state awards, including its form and content, are fairly presented in accordance with the Uniform Guidance and NJOMB 15-08; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedules of expenditures offederal and state awards.
You are also responsible for the preparation of the other supplementary infonnation, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary infonnation in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary infonnation that includes our report thereon OR make the audited fmancial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for the presentation of the supplementary information prepared by us to ensure that the presentation of the supplementary information is in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifYing and providing copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.
With regard to using the auditors' report, you understand that you must obtain our prior written consent to reproduce or use our report in bond offering official statements or other documents. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. .
You agree to assume all management responsibilities relatllig to the financial statements, schedules of expenditures of federal and state awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal and state awards, and related notes and that you have reviewed and approved the fmancial statements, schedule of expenditures of federal and state awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the Regular Meeting Agenda - June 1, 2017 Page 62 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 7 April 28, 2017
adequacy and results of those services; and accept responsibility for them. We understand that you have designated the District's School Business Administrator to be responsible and accountable for overseeing our services.
Engagement Administration, Fees, and Other
You may request that we perform additional services not contemplated by this engagement letter. Ifthis occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagemenlletter.
We are not financial advisors under the SEC's definition related to debt issuances and we will not be performmg those services.
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.
We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If for whatever reason your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the estahlished deadlines, resulting in an increase in fees over our original fee estimate.
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Fonn that summarizes our audit findings, if applicable. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period.
We will provide copies of our reports to the District; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of are reports are to be made available for public inspection
The audit documentation for this engagement is the property of Nisivoccia, LLP and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a Cognizant or Oversight Agency for Audit or its designee, a federal or state agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision ofNisivoccia, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of seven years after report release date or for any additional period requested by a Cognizant Agency, Oversight Agency for Audit, or Pass-through Entity. Regular Meeting Agenda - June 1, 2017 Page 63 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 8 April 28, 2017
If we are aware that a federal or state awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
We expect to issue our reports no later than December 5, 2017. Kathryn L. Mantell is the engagement partner and is responsible for supervising the engagement and signing the report.
Our fee for performance of the audit will be $74,175 (including implementation of GASB 68) and will include perfonoance of the annual audit, preparation of the District's Comprehensive Annual Financial Report ("CAFR"), preparation of the "Auditor's Management Report on Administrative and Findings - Financial, Compliance and Performance", and preparation of the Audit Summary ("AUDSUM"), verification of the District's Application for State School Aid ("ASSA") and District Report Transported of Resident Students ("DRTRS"), assistance in the preparation of the introductory and statistical section of the CAFR from infonoation provided by the District and conversion of the District's accounting records into financial statements in accordance with GASB Statement 34, and ongoing professional guidance, advice and consultation throughout the year and as well as out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.).
Our invoices for these fees will be rendered as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 120 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit.
Our fees for additional services, such as technical assistance and guidance in the preparation of the District's records, fund balance projections, and other services you may request would be billed standard hourly rates which vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our standard hourly rates are $150-$175 for partners, $135-$145 for managers and supervisors, $110-$130 for senior staff accountants, $95-$105 for junior staff accountants, and $45-$55 for administrative staff.
Nisivoccia, LLP will not act as dissemination agent for the Wayne Township School District in connection with the Wayne Township School District's obligations, if any, to provide secondary market disclosure. Our work to prepare secondary market disclosure documents shall consist of and be limited to (I) distribution of the Wayne Township School District's audited financial statements to the Wayne Township School District or its designated dissemination agent in an electronic format that complies with the requirements of the Municipal Securities Rulemaking Board's Electronic Municipal Market Access Data Port, and (2) preparation of certain operating data, customarily consisting of the financial information, readily available in the financial statements of the District, contained in Appendix A to an Official Statement, and distribution of that data to the Wayne Township School District or its designated dissemination agent in an electronic format that complies with the requirements of the Municipal Securities Rulemaking Board's Electronic Municipal Market Access Data Port. The Wayne Township School District, or its designated dissemination agent, shall remain responsible for filing required secondary market disclosure information and "material event" notices in accordance with any prior undertakings, and Nisivoccia, LLP shall not have any responsibility nor liability for the failure of the Wayne Township School District, or its Regular Meeting Agenda - June 1,2017 Page 64 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 9 April 28, 2017
designated dissemination agent; to comply with the Wayne Township School District's secondary market disclosure undertakings.
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website and on the Municipal Securities Rulemaking Board's Electronic Municipal Market Access Data Port, you understand that electronic sites are a means to distribute infonnation and, therefore, we are not required to read the infonnation contained in these sites or to consider the consistency of other information in the electronic site with the original document.
MSRB Muuicipal Advisor Rule:
On September 18, 2013, the Securities and Exchange Commission (the "SEC") adopted a rule requiring that "municipal advisors" register with the Securities and Exchange Commission. A "municipal advisor" is someone that "provides advice to or on behalf of a municipal entity with respect to municipal fmancial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues[.]" Nisivoccia, LLP is no! a registered Municipal Advisor and is not subject to the fiduciary duty established in Scction ISB(c)(I) of the Exchange Act with respect to the municipal financial product or issuance of municipal securities. Accordingly, pursuant to the new Municipal Advisor rule and abscnt the available exception to the rule discussed below, Nisivoccia, LLP cannot provide the Wayne Township School District with advice or recommendations regarding the issuance of municipal securities.
Under the Municipal Advisor rule, the Wayne Township School District may continue to receive advice from its auditor, bond counsel and other professionals, provided both the Wayne Township School District and the professional satisfy the "Issuer Has Hired an Independent Municipal Advisor Exemption". First, as municipal issuer, the Wayne Township School District needs to have (i) engaged an independent registered municipal advisor and (ii) made such engagement known in writing to the person seeking to rely on the exemption and/or post this declaration on the Wayne Township School District's web site. Second, the person relying on this exemption, such as us, your bond counsel and others, must:
1. Obtain a written representation from the Wayne Township School District that it is represented by, and will rely on the advice of, an independent registered municipal advisor. The written representation from the Wayne Township School District may be a declaration posted on the Wayne Township School District's web site as long as the posting states that the representation is intended to establish the independent municipal advisor exemption pursuant to the Municipal Advisor rule;
2. Provide written disclosure to the Wayne Township School District and its independent registered municipal advisor that, by obtaining such representation from the Wayne Township School District, the firm is not a municipal advisor and is not subject to the fiduciary duty established in Section ISB(c)(I) of the Exchange Act with respect to the municipal financial product or issuance of municipal securities; and
3. Provide the written disclosure described above at a time and in a manner reasonably designed to allow the Wayne Township School District to assess the material incentives and conflicts of interest that such person may have in connection with the municipal advisory activities.
If the Wayne Township School District has engaged the services of a registered Municipal Advisor, we encourage you to notify us in accordance with paragraph I above. We have already provided to you in this letter the disclosure contained in paragraph 2 above, which we trust is being provided to you in the time and manner set forth in paragraph 3 above. If the Wayne Township School District has not engaged the services of a registered Municipal Regular Meeting Agenda - June 1, 2017 Page 65 of 226
The Honorable President and Members of the Wayne Township School District Board of Education Page 10 April 28, 20 I 7
Advisor, or has, but has not satisfied the requirements of the "Issuer Has Hired an Independent Municipal Advisor Exemption", then any services performed by us in connection with the issuance of municipal securities shall be performed pursuant to the Statements on Standards for Attestation Engagements and related Attestation Interpretations as issued by the American Institute of Certified Public Accountants, then currently in effect.
Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2014 peer review report was previously sent to you.
We appreciate the opportunity to be of service to the Wayne Township School District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.
Very truly yours, \... . .
NISIVOCCIA, LLP
RESPONSE:
This letter correctly sets forth the understanding oflhe Wayne Township School District Board of Education.
By:
Title:
Date: Regular Meeting Agenda - June 1, 2017 Page 66 of 226
FINANCIAL DEPOSITORIES AND REQUIRED SIGNATORIES # SIGNATURES INSTITUTUTION NAME OF ACCOUNT REQUIRED SIGNATORIES REQUIRED
TDBANK GENERAL TREASURER 3 BOARD PRESIDENT BUSINESS ADMINISTRATOR ASSISTANT BUSINESS ADMINISTRATOR
NET PAYROLL TREASURER 1 PAYROLL AGENCY
UNEMPLOYMENT TRUST BUSINESS ADMINISTRATOR 2 SECTION 12S ASSISTANT BUSINESS ADMINISTRATOR
SUMMER SAVINGS TREASURER 1 BUSINESS ADMINISTRATOR ASSISTANT BUSINESS ADMINISTRATOR
CAPITAL PROJECTS BUSINESS ADMINISTRATOR 2 ASSISTANT BUSINESS ADMINISTRATOR Regular Meeting Agenda - June 1, 2017 Page 67 of 226
AGREEMENT
-BETWEEN-
THE WAYNE TOWNSHIP BOARD OF EDUCATION
-AND-
PARETTE SOMJEN ARCIDTECTS, LLC
FOR PROFESSIONAL SERVICES AS ARCR7TECTOFRECORD
For tile period July 1,2017 - June 30, 2018
Dated: ------· Regular Meeting Agenda - June 1,2017 Page 68 of 226
AGREEMENT
THIS AGREEMENT made on this day of , 2017 by and between the WAYNE TOWNSHIP BOARD OF EDUCATION ("Board"), located at 50 Nellis Drive Wayne, NJ 07470 and PARETTE SOMJEN ARCHITECTS, LLC ("Provider"), located at 439 Route 46 East, Rockaway, New Jersey 07866 for the July I, 2017 through June 30, 2018 School Year.
RECITALS WHEREAS, the Board has determined that it needs to retain an architect to provide professional services as Architect of Record to the Board ("Services"); and
WHEREAS, the Provider is duly licensed by the State of New Jersey to provide the necessary Services; and
WHEREAS, the Board solicited multiple proposals from full service architectural firms, including Provider, to provide the Services; and
WHEREAS, the Board has determined the Provider's proposal to be most advantageous to the Board; and
WHEREAS, pursuant to N.J.S.A. ISA:lSA-5(a)(I), a contract retaining the services of the Provider may be negotiated and awarded by the Board via resolution, at a public meeting, without publicly advertising for bids, as the subject matter of said contract involves professional services; and
WHEREAS, it is the intention of the Board and the Provider to enter into an Agreement regarding the provision of the Services.
NOW THEREFORE, in consideration of the mutual covenants, conditions and agreements contained herein, the Board and Provider agree as follows:
The above recitals are repeated and incorporated as a material part of this Agreement.
1. Term. The Term of this Agreement shall not exceed one (1) year, commencing on the date of this Agreement, and concluding on the first anniversary of same.
2. Provider Responsibilities.
A. The Provider and the Board enter into this Agreement for the express and sole purpose of having the Provider perform its professional services on multiple projects for the Board. It is understood that requests for these multiple proj ects will be made from time to time by the Board. The requests will be formalized in writing and identify the project scope, professional services, professional fee (if other than the hourly rates outlined herein). These requests will be considered supplements to the Architect of Record agreement.
B. Provider shall not provide any Services until requested to do so by the Board. Further, prior to providing any Services under this Agreement, Provider and Board shall agree, in writing to the project scope, the Scope of the Architect's services, and to the method of compensation for Services, i.e. lump sum or hourly rate, and anticipated reimbursable expenses (as outlined in Exhibit A). Regular Meeting Agenda - June 1, 2017 Page 69 of 226
C. The Provider and anyone providing the Services on behalf of the Provider shall provide the Services in accordance with the generally accepted standards of members of the same profession.
D. The Provider shall provide the Board, if requested, with copies of documentation confmning that anyone providing the Services on behalf of the Provider has the certifications, licenses, skills and experience necessary to provide the Service. The documents shall be current, valid and issued by the State of New Jersey and any other authority with jurisdiction over the Services.
E. The Architect shall review laws, regulations, codes and standards in effect as of the date of the project that are applicable to the Architect's services and shall exercise professional care and judgment to design in compliance with requirements imposed by governmental authorities having jurisdiction over the project. Should laws, codes and standards change after the Owner has approved the Construction Documents for a project, during the project requiring the Architect to make changes, such changes will be provided as an additional service. The Provider and anyone providing the Services on behalf of the Provider shall, without limitation of the aforementioned, comply with the anti-discrimination provisions of N.J.S.A. 10:2-1 et ~., the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27-1.1 et· ~., N.J.A.C. 6:4-1.6, as recodified in N.J.A.C. 6A:7-1 et seq., Title VII of the Civil Rights Act of 1964 and Title 11 of the American With Disabilities Act of 1990.
F. When providing opinions or estimates of probable construction costs upon the request ofthe Board, such estimates are based on Provider's experience and qualifications and only represents Provider's judgment as a professional generally familiar with the industry. It is recognized that neither the Provider nor the Board have control over, among other things: (1) the cost of labor, materials or equipment, (2) the Contractor's methods of determining bid prices, (3) competitive bidding, market or negotiating conditions, or (4) costs of governmental approvals. Accordingly, Provider cannot and does not warrant or represent in any manner the actual cost of construction.
G. If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 in consultation with the Architect, revise the Proj ect program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative.
H. If the Owner chooses to proceed under Section G.3, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section G.l. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article G. · Regular Meeting Agenda - June 1,2017 Page 70 of 226
3. Board Responsibilities.
A. The Board shall compensate the Provider in accordance with the Compensation provisions of this Agreement.
B. The Board shall provide information in a timely manner. For purposes of this Agreement, a decision by the Board shall be timely if made by the Board at its next regularly scheduled meeting after receipt of notice of the need to provide the information in sufficient time to be placed on the Board's agenda for the next regularly scheduled meeting.
C. Unless designated otherwise in writing, the Business Administrator shall be designated as the Board's representative authorized to act on the Board's behalf, except for those matters requiring approval by the Board.
4. Compensation.
A. Upon compliance with paragraph 2(B) of this Agreement, the Provider shall provide the Board with the Services for the agreed upon fixed fee for the specified project. In the absence of a fixed fee the Provider shall provide the Board with services at the rates set forth in the provider's proposal attached as exhibit A, which rates shall remain constant throughout the term of this agreement.
B. The Provider shall not be entitled to compensation unless the Provider actually provides the Services, e.g., the Provider shall not be entitled to compensation if the Provider is scheduled to provide the Services and the Services are not provided as a result of the action or inaction of the Provider, the Board, its officers, agents, contractors or students. The Board shall use its best efforts to avoid cancellations. The Board shall not be subject to a fee or a fine or penalty or prejudice in the event it is required to cancel the requested or scheduled services. However, in the event the Board requests services and the Provider performs those services before receiving any written notice of cancellation by the Board, then the Provider shall be compensated for those such services actually performed in accordance with this Agreement.
C. The Provider shall submit duly verified monthly invoices to the Board. The Board shall approve the Provider's invoice at the next regularly scheduled Board meeting following the Administration's payment recommendation. The Board shall make payment to the Provider on the approved invoice during the next payment cycle following its approval of the invoice.
D. If an invoice is disputed, notification of such dispute will be made in writing within fourteen (14) calendar days following the Board's next regularly scheduled meeting. The Provider will expect payment of all non-disputed, invoiced amounts in order for services not to be suspended or terminated.
E. Should the Board fail to make payment of undisputed sums as set forth in Paragraph 4 (D) of this Agreement, the Board shall be liable for the amount of money owed under the Agreement, plus an annual interest rate equal to the prime rate plus 1%. Regular Meeting Agenda - June 1,2017 Page 71 of 226
Disputes regarding whether a party has failed to make payment required hereunder may, at the determination of both parties, be submitted to a process of alternative dispute resolution notwithstanding anything to the contrary herein.
5. Suspension and Termination.
A. On ten (10) calendar days written notice, the Board may suspend or terminate this Agreement, with or without cause, for any and all reasons and without penalty or prejudice. In the event of such termination, the Provider shall be paid any undisputed charges for work performed prior to the effective date of termination in accordance with the payment terms of this Agreement.
B. The Board's suspension or termination of this Agreement shall be without prejudice to, and with full reservation of, all other rights and remedies of the Board pursuant to this Agreement or as may exist at law or in equity, including but not limited to claims of errors and omissions and specific performance.
C. Should the Board suspend or terminate this Agreement, the Provider agrees to cooperate and provide all information requested by the Board in connection with the completion of the Services. Notwithstanding anything to the contrary herein, the Provider shall only be obligated to cooperate with the Board and provide information to the Board to the extent that payment for said reasonably undisputed services has been made by the Board. In addition, while the Provider shall maintain liability for the services provided, any changes to the documents provided to the Board are the responsibility of the Board or others and the Board agrees to indemnifY the Provider for changes to those documents that are made without the Provider's consent.
D. The drawings, specifications, plans and other related documents prepared by the Provider in the course of its performance under the terms of this Agreement, including those in electronic media form, hard copy or otherwise, shall be the property of the Provider. However, the Provider grants a license to the Board to use such documents without the Provider's further consent for the design or completion of the project(s) for which they are intended. Accordingly, the Provider shall provide copies of same to the Board, upon the Board's request, in the event of this Agreement's termination and once payment to the Provider is made in full for all services. Any such payment. to the Provider shall be without prejudice to the Board's ability to recover disputed fees. Any changes to the documents provided to the Board are the responsibility of the Board or others and the Board agrees to indemnifY the Provider for changes to those documents that are made without the Provider's consent.
E. If the Board fails to make payments to the Architect in accordance with this Agreement, the Architect may, at its option, upon providing the Board with seven (7) business day's written notice, suspend or terminate performance under this Agreement.
6. Indemnification. The Provider shall indemnify and hold harmless the Board, collectively and individually, and its agents, officials, representatives and employees from and against any and all damages, losses, or claims, including, but not limited to, reasonable attorney's fees, that arise as a result, in whole or in part, from (a) any intentional or negligent act, error, or omission or failure to perform the Services by the Provider or anyone performing the Services · Regular Meeting Agenda - June 1,2017 Page 72 of 226
on behalf of the Provider or (b) any breach of this Agreement or a breach of the implied covenant of good faith and fair dealing, by the Provider or anyone performing the Services on behalf of the Provider.
7. Insurance. The Provider shall maintain or cause to be maintained, in full force and effect, insurance in such amounts and against such risks as follows:
(a) Broad form, comprehensive, or commercial General Liability Insurance coverage, including contractual liability, against claims for personal injury, death or property damage in an amount of not less than One Million Dollars and Zero Cents ($1,000,000.00) with respect to injury or death of a single person and in the aggregate, and One Million Dollars and Zero Cents ($1,000,000.00) with respect to property damage, together with ExcesslUmbrella Liability Insurance in an amount of not less than One Million Dollars and Zero Cents ($1,000,000.00); the General Liability Insurance Policy and the ExcesslUmbrella Liability Insurance shall name the Board of Education as an additional insured.
(b) Workers Compensation Insurance coverage in the statutory amount.
Employer's Liability Insurance coverage in an amount not less than Five Hundred Thousand Dollars and Zero Cents ($500,000.00) each accident; and
( c) Professional Liability Insurance coverage in an amount of not less than One Million Dollars and Zero Cents ($1,000,000.00) for each claim.
No later than the execution of this Agreement, and upon the Board's request from time to time, the Provider shall provide to the Board a certificate of insurance evidencing the coverage set forth above in (a) (b) and (c) from an insurance company authorized to do business in New Jersey and having an A.M. Best Rating of at least an "A-". The Provider shall also provide, upon the Board's reasonable request, full and complete copies of the insurance policies required by (a) (b) and (c) above.
8. Conflict of Interest. The Provider represents that, to the best of its knowledge, information and belief, none of its employees nor anyone providing the Services on behalf of the Provider are engaged in conduct that constitutes a conflict of interest under, or a violation of, the School Ethics Law, N.J.S.A. l8A:12-2l et seq. and N.J.A.C. 6A:28-1.1 et §;lli..
9. Inconsistency. In the event any provision of this Agreement coirllicts in whole or in part with the Proposal regarding the services to be provided, the Provider shall provide the Services that require the greater level of service. For all other conflicting provisions not involving the provisions of Services, e.g., indemnification, dispute resolution, payments, etc., then the provisions of this Agreement shall control. The Proposal shall not be construed to impose duties or obligations on the Board beyond those set forth in this Agreement.
10. Entire Agreement. This Agreement represents the entire Agreement between the parties and shall serve as the general conditions of this Architect of Record Agreement. Any modifications to this Agreement must be set forth in writing and signed or acknowledged via email by an authorized representative of both parties. The Provider and the Board enter into this Agreement for the express and sole purpose of having the Provider perform its · Regular Meeting Agenda - June 1, 2017 Page 73 of 226
professional services on multiple projects for the Board. It is understood that requests for these multiple projects will be made from time to time by the Board. Such requests will be formalized in writing and identifY the project scope, professional services to be provided and applicable professional fees (if other than the hourly rates outlined herein). These requests will be considered supplements to this Agreement.
1 L Dispute Resolution.
A. Any and all claims, disputes or other matters in question between the Board and Provider arising out of or relating to the Agreement or alleged breach thereof, shall be subject to and determined by a court of competent jurisdiction venued in Passaic County, New Jersey. The Provider hereby knowingly irrevocably waives its right to trial by jury in any action arising out of or relating to the Agreement. This waiver does not apply to personal injury actions or to any action in which another party, not bound by such a waiver, demands trial by jury. This waiver is knowingly, intentionally and voluntarily made by the Provider. If a dispute arises between the Board and any entity or individual as to which the Board is bound to the arbitration or other dispute resolution method of such disputes and the dispute directly or indirectly relates to the Agreement, then the Provider agrees that the Provider can be joined as a party to such an arbitration with respect to matters related to such arbitration or other dispute resolution method. Any and all disputes which exist only between the Board and Provider, or among the Board, Provider and others as to which the Board is not bound to the arbitration of disputes, shall be subject to the provisions of this Section 11.
B. Prior to the commencement of any litigation in accordance with the provisions set forth in Paragraph Il(A) of this Agreement, the parties agree to meet in an effort to resolve the dispute.
C. In the event that the Owner concludes it has a claim against the Provider arising out of a services provided andlor this agreement, the Board shall place the Provider on notice of the claim in writing setting forth a description of the claim and the damages incurred or expected to be incurred as a result thereof (which is neither admissible nor binding in any legal proceeding). The Board may not withhold any fees from the Provider if within 60 days of receipt the aforesaid notice, the Provider provides the Board with written confirmation from its professional liability carrier that: 1) there is coverage for the claim as described in the aforesaid notice, and 2) that available remaining limits in the policy exceed the amount of the claim. Nothing contained herein shall preclude the Board from supplementing andlor amending the aforesaid notice as needed. Likewise, the Provider has a continuing obligation to advise the Board of any changes in the coverage available for the claim at issue, if any.
12. Independent Contractor. The parties agree that the Provider and anyone providing the Services on behalf of the Provider are an independent contractor and nothing in the Agreement shall be construed to establish an employer/employee, agency, joint venture or partnership arrangement between the parties. In discharging all duties and obligations hereunder, the Provider and anyone providing the Services on behalf of the Provider shall at all times remain in an independent contractor relationship with the Board. The Board assumes no responsibility for the payment of compensation, wages, benefits or taxes of any employees of the Provider. Regular Meeting Agenda - June 1, 2017 Page 74 of 226
13. Assignment. The rights of the parties under this Agreement are personal to each party, and neither party may assign, transfer, hypothecate or otherwise assign its rights or delegate its duties under the Agreement whether voluntarily, involuntarily or by operation of law, without the prior written consent ofthe other party to the Agreement, which shall not be unreasonably withheld.
14. Business Registration. Pursuant to N.J.S.A. 52:32-44, the Provider shall remit a copy of its Business Registration Certificate to the Board no later than the execution of this Agreement. The Provider shall provide written notice to anyone providing the Services on behalf of the Provider of the responsibility to submit proof of Business Registration to the Provider, if applicable. The requirement of proof of Business Registration extends down through all levels (tiers) of the Services.
15. Pay-to-Play. The Provider shall comply with the provisions of the New Jersey Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and shall submit the required Disclosure forms to the Board prior to the award of this Agreement.
16. Default. The Provider may not maintain any action or effect any remedies for default against the Board unless and until the Board has failed to cure the breach within fifteen (15) business days of written notice of such breach; or if the nature of the cure is such that it reasonably requires more than fifteen (15) business days, if the Board commences the cure within the fifteen (15) business day period and thereafter continuously and diligently pursues by all reasonable means the cure to completion.
17. The Provider shall comply with the requirements ofN.J.S.A. 10:5-31, et seq., and N.J.A.C. 17:27, which are set forth in Exhibit B hereof.
18. N.J.A.C. 13:6-1.3 MANDATORY LAW AGAINST DISCRIMINATION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS
Pursuant to the provisions ofN.J.S.A. 10:2-1 through 10:2-4, during the performance of this Agreement, the Provider agrees as follows:
In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;
No contractor, sub-contractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex; · Regular Meeting Agenda - June 1, 2017 Page 75 of 226
There may be deducted from the amount payable to the contractor by the, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and
This contract may be canceled or terminated by the Board, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the Board of any prior violation of this section of the contract.
19. Audit and Inspection.
The Provider agrees that the Board and its auditor shall have the right to examine books, records and documents pertaining to the Services provided under this Agreement and shall agree to retain all such books, records and documents for a period of six (6) years after the termination of the Agreement.
20. Miscellaneous Provisions.
A. Any notices required or permitted to be given pursuant to the terms of this Agreement shall be sufficiently given when delivered personally, by courier services (such as Federal Express), certified mail, return receipt requested, or by facsimile, with transmission confirmation, addressed to each party as follows:
As to the Provider: Parette Somjen Architects, LLC 439 Route 46 East Rockaway, New Jersey 07866 Phone: 973-586-2400 Fax: 973-586-2401 Attention: Gregory Somjen, AlA
As to the Board: Wayne Township Board of Education 50 Nellis Drive Wayne, NJ 07470 Phone: (973) 633-3006 Facsimile: (973) 633-1768 Attention: Nicole C. Schoening, CPA, Asst. Business Administrator
B. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original.
C. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and their assigns.
D. In all references in this Agreement to any parties, persons, entities or corporation, the use of any particular gender or the plural or singular number shall be intended to include the appropriate gender or number as the text of this Agreement may require. E. If any provision of this Agreement shall be finally adjudged illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remaining provisions of this Agreement. • Regular Meeting Agenda - June 1,2017 Page 76 of 226
F. Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver is expressed in writing signed by the party to be bound.
G. In the event that any of the Projects under this Agreement are eligible to be funded in part by grants from the NJSDA or other source, Provider agrees to revise this Agreement so that same complies with the terms of the applicable grant agreement. Provider further agrees to provide Services consistent with said grant agreement.
H. The Architect shall have the right to include photographic or artistic representations of the Projects among the Architect's promotional and professional materials without further consent. The Architect shall be given reasonable access to the completed Project to make such representations. The Board shall provide professional credit for the Architect in the Board's materials for the Project.
1. This Architect of Record Agreement applies to all projects that do not have another separately executed agreement. If a project has a separately executed agreement, that will be the agreement in effect for that project. J. Pursuant to N.J.A.C. 17:44-2.2, the Architect shall maintain all documentation related to products, transactions or services under this Contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year above written.
ATTEST: WAYNE TOWNSIllP BOARD OF EDUCATION
By: ______By: ______
ATTEST/WITNESS: PARETTE SOMJEN ARCIllTECTS, LLC
By: ______By: ------
/ Regular Meeting Agenda - June 1,2017 Page 77 of 226 Right to Know Survey. Compliance & PEOSHA Training Lead in Water Testing (State Certified Lab) Written Program Indoor Air Quality Standard - PEOSH Indoor Air QuBlity Survey & Testing for Sick Building Syndrome Remediation/Cleanup of Mold & Moisture Problems in Schools & Commercial Buildings Indoor Air Quality in Schools Awareness Training for AdministrativefMaintenance Personnel Asbestos Surveys and AHERA Management Plans AHERA 2 Hour Awareness Training "Non-Friable" Asbestos Final Air Clearance Sampling Written Hazard Communication Program (pEOSHA HCS) RAMM EnVironmental Servlces,lnc. Commitment. Excellence. Integrity
77 Nottingham Road, PO Box 308 Fair Lawn. New Jersey 07410 Phone: (201) 475-9880 Fax: (201) 475-9881
May 15,2017
Wayne Board of Education 50 Nellis Drive Wayne, NJ 07055 Attn.: Ann Cassera Administrative Assistant to the BA
Re: One Year 7/1117 to 6130/18 Contract Renewal for Professional Environmental Consultant Services
Dear Ann:
In regard to the above referenced subject and your letter dated 5115117, please be advised that RAMM Environmental Services, Inc. is very pleased to renew this contract with all prices, terms, and conditions remaining the same.
All pertinent information on checklist will be mailed or faxed to you by 5117117.
Should you have any questions or need any additional information, please feel free to call upon me at (201) 475-9880.
RAMM Environmental Services, Inc. looks forward to working with you.
Thank you very much.
Respectfully Submitted, RAMM Environmental Services, Inc.
Rodger Headrick, CMRS President o www rammenyjroomenta] com e-mail: [email protected] Regular Meeting Agenda - June 1,2017 Page 78 of 226
RlMM
Effective March 1, 2017 RAMM Environmental Services, Inc. Pricing Schedule - Wayne HOE New Jel'lley Worker and CommunltyRigbt to Know Aet- N.J.A.C. 8:59
I. PEOSHA Hazard Communication Standard Training $500.00/class N.J.A.C. 12:100-7 ($10 fee per person over 25 inclas.) (maximum 25 employee. per class) 2. Written Hazard Communication Program (pEOSHA $400.00/district wide HCS) 3. 2016 Right to Know Survey Compliance Services. $7,500.00/all facilities Include. Inventory, RTK Labeling and Completion of Due: July IS, 2017 New Jersey State Update Fonns witb Copies to Separate Governmental Agencie.
4. Online Processing of Right to Know Survey for State $2,OOO.00/all facilities Fee 5. Toxic Hazard Preparedness Program (I Mile Radius $500.00/scbool building Environmeotal Hazard Report)
1. Asbesto. AHERA 3-Year Inseection and Manasemeat Plan as Reouired bl! 40 CFR Part S763.93 E.P.A Certified Building Inspector and Management Planner Total Lump Sum Fee $3,500.00/all facilities Due: January 2020
2. Asbestos AHERA 6-Montb Surveillance Ins~ection as Reouired bl! 40 CFR Part S763.92 (!!l (I) (2) E.P.A. Certified Building Inspector Total Lnmn Sum Fee $1 7S0.00/all facilities Due: Julv2017 and Janusrv 2018 3. Asbestos AHERA 2 Hour Awareness Training as reouired bl! 40 CFR Part S763.92 (al(l) and PEOSHA Maintenance and Custodial Employee. (classes are beld at your location) Total Lnmp Sum Fee $SOO.OO/class "Maximum 25 employees per class Due: Onc. per vear. ($10 ree nernorson over 25 in class)
Written Program (lAm Indoor Air Qnality Standard - PEQSHA, Required by N.J.A.C. 12:100-13 (2007)
Site Specific IAQ Written Programs; Includes Annual Review: $3,950.00/oll foclllties HVAC Preventative Maintenance Log, HVAC Inspection Checklist, Renovation/Construction Due: November 2017 Project IAQ Compliance Checklist, Notice Signs, and PEOSH Indnor Air Quality Standard Inspection Checklist.
Lead In Water Testlug, Laboratory Analys.. and FInal Report
Lead in Water Testing $400.00 per building field collection and flual report S50.00 per sample Turnaround Time - 4 weeks
Respiratory Protection Program and TraInIng
Respiratory Protection Programs and Training as S6S0.00/respiratory written program required by Public Employees Occupational Safety SSOO.OO/clas. and Healtb Act (pEOSHA) and 29 CFR 1910.134 "Maximum 25 employees per class (SIO ree nernorson over 25 in class)
www.mmmenvironmcntal.com e-mail: ramm._environmcnta1@prodiS)'.nct Regular Meeting Agenda - June 1, 2017 Page 79 of 226
RAMM
Asbestos Bulk Sampling and Laboratory Analytical Servlc..
On-Site Asbestos Sampling Technician and Final 5800.00/day Report Bulk Sample Laboratory Analysis by S2S.00/analyris (PLM) Polarized Light Microscopy (EPA-600 Metbod)
Asbeltos FInal AIr Clearance Samnling. Laboratory Analysis and FInal Report for Non-FrIable Floor Tne and Associated Mastic Prolects
On-Site Asbestos Sampling Technician and Final 51,000.00 Report Laboratory Analysis by (TEM) Transmission 517S.00/sample (6 bour turnaround time) Electron MicrosCODV Sl2S.00/sample (24 hour turnaround time)
Indoor AIr OnaUty Services - Sick BoDding Syndrome - SurveY. Testing and Laboratory Analvsls
time Laboratory Analysis and Assessment Report for $1,800.00/3 day turnaround time Airborne Mold, Mildew, PaDen, Hypha! Fragment, Fibrous Particulate and Insect Fragment Identification, and Testing for Moisture (if appropriate), Temperature, Relative Humidity Levels, Carbon Dioxide Levels, and Carbon Monoxide Levels. -Fresh Air Intake (1 sample) Area
specific
www.rammenvironmcotal.com Regular Meeting 1, 2017 Page 80 of 226
FILE
Enterprise Document Management
2017-2018 Quote for All Services
Prepared For Nicole Schoening Wayne Public School
Created By Martin Regincos FlleBank Inc. 973-279-4411 [email protected] http://www.filebankinc.com Regular Meeting Agenda - June 1, 2017 Page 81 of 226 .:'01 t-':018 QuotE for All Servrces
Quote for the 2016-17 Fiscal Year
24 May 2017
Nicole Schoening Wayne Public School
Dear Nicole Schoening:
This is an estimate of ongoing services for the upcoming year for the following departments. ACCOUNTS PAYABLE PAYROLL ASST SUPT BUSINESS DEPT HUMAN RESOURCE SPECIAL ED SUPERINTENDENT WAYNE VALLEY HS HIB DEPT FACILITIES
If you have any questions call FileBank at 973-279-4411.
Thank you for choosing FileBank for your document management needs.
Quote #3009
2 Regular Meeting Agenda - June 1, 2017 Page 82 of 226 2017 -2018 Quote for All Services
Services
Name/Description Price Qty Subtotal - -i $0.401 Per Cubic Box Storage - [SFT] 35148.60 Foot i
Box storage services for the following department:
, AP ... Superintendent $14,059.44 i "" Business Office , HIB , HR
i -r Payroll " Special Education
File Storage - [S59] $0.031 Per File ! 275628 i
File storage services for the following department: $8,268.84 I "" Account Payable " Business Office , HR " Payroll
Digital Storage - [S22] $0.0381 Per MB 1594080
Digital storage selvices for the following department: $60,575.040 - AP: 125.000 MB ... Business Office: 4.732MB , HR: 1806 MB , Payroll: 1.302 MB
V-Cabinet User- [M03] $99.001 Per User 12
Electronic document management for the following departments'
-r Gerry Mcconkey (inc. with scannei") " Diane Wilde $1,188.00 • Claudia Olivo (inc. with scanner) * Kathy Diglio (inc. with scanner)
3 users are included with the 3 scanners
$299.001 Per Jump to Digital - rSVp] 24 Scanner ,1-- Onsite scanner for the following department: $7,176.00
, Human Resources " Payroll
3 Regular Meeting Agenda - June 1, 2017 Page 83 of 226 2017-2018 Quote for All Selvlces
$455.00/ Per : Jump to Digital - [SVPJ- Large Scanner 12 Scanner $5,460.00 Onsite scanner for the following department:
* Business Office and AP
Subtotal: $96,727.320
Total cost: $96,727.320
Signed by:
Wayne Public School Date
4 Regular Meeting Agenda - June 1, 2017 Page 84 of 226
STUDENT INFORMATION SYSTEM . SERVICES AGREEMENT
THIS STUDENT INFORMATION SYSTEM SERVICES AGREEMENT (hereinafter "Agreement") is entered into on this day of , 2016 by and between REALTIME INFORMATION TECHNOLOGY, INC. (hereinafter "Services Provider") a New Jersey Corporation with offices at 1000 Washington Street, Toms River, New Jersey 08753 and the Wayne Township Public School District (hereinafter "School District") with principal offices located at 50 Nellis Drive, Wayne NJ 07470.
WHEREAS, Services Provider possesses a Student Information System with the ability to manage student data; and
WHEREAS, School District is in the need of a Student Information System to maintain the student data of the District; and
WHEREAS, School District desires to contract with Services Provider to provide a Student Information System and train District employees in the use of such system;
NOW, THEREFORE, for and consideration of the mutual covenants and conditions referenced and exchanged herein, the sufficiency and receipt of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, covenant and agree as follows:
1. Definitions. As used herein, the following capitalized terms shall have the following specified meanings:
(a) "Agreement" shall mean this Student Information System Services agreement and appropriate modifications and amendments thereto;
(b) "Student Data" shall mean the individual information inputted by the School District into the Services Provider Student Information System;
(c) "Student Information System" shall mean a full-featured pre-k through 12th grade system, or specific modules as defined in Exhibit "An that provides daily student records processing capabilities which are accessible to the School District and its authorized employees through workstations;
(d) "Confidential Information" shall mean the terms of any prior negotiations regarding this Agreement, all information and data provided by either Party to the other, or acquired or used by either Party pursuant to this Agreement, including each Party's respective business and proprietary information, including but not limited to, technical or non-technical data, any formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or actual or potential customers or suppliers, strategic alliances, plans, reports, analyses, studies, models, Regular Meeting Agenda - June 1, 2017 Page 85 of 226
marketing materials or any other secret or confidential work, knowledge, know-how, trade secret, or business information of each Party or its respective affiliates. "Confidential information" also includes all mail, records, files, input materials, reports, forms, and other data received, collected, provided to, data processed, used or stored by School District pursuant to this Agreement, including without limitation, non-public personnel Information, and student data. Confidential information shall not include information available by law to the public and information independently developed by either Party;
(e) "Force Majeure Event" shall mean any act of God, war, civil commotion, terrorist activity, embargoes, strikes, epidemics, fires, cyclones, earthquakes, hurricanes, droughts, floods, labor, or production breakdown or any governmental law, regulation, order, request, instruction or injunction, or any other cause, whether or not similar to the foregoing. or beyond the reasonable control of any party hereto;
2. Term. This Agreement shall become effective July 1,2016 and shall remain in force until such time as the services are terminated. In accordance with State Law, the School District may renew this Agreement with notice to the Services Provider 90 days prior to the expiration of the Term or any renewal Term. Services Provider shall within 30 days of receipt of the School District's renewal notice advise School District of its consent to the renewal of the Agreement. without which the Agreement shall expire. Upon expiration of the Term. any extension thereof, or termination of this Agreement by either party upon 60 days written notice to the other party, School District shall not have access to the Student I nformation System and Services Provider shall have no further obligation to the School District except the return of student data.
3. Payment Terms. School District shall pay the amount as provided in the Fee Schedule attached hereto and made a part hereof as Exhibit "A". The annual fee shall be paid by School District within 30 days of the date of the invoice from the Services Provider. Said invoice shall also include fees for any additional services to be provided during the billing period at the rates provided in Exhibit "An. Any sums remaining unpaid after expiration of said 30 day period shall bear interest at a rate equal to one and one-half percent (1 %%) per month until paid in full, or the highest interest rate allowed by law.
4. Default by School District. Should School District fail to payor perform any financial or other obligation hereunder, including the obligation to pay any invoice submitted by Services Provider to School District within the time period mandated hereby, the Services Provider shall have the right (a) to accelerate all unpaid sums due hereunder and initiate collection litigation against School District; (b) to terminate any and all services hereunder and all further obligations of Services Provider to School District hereunder. which termination shall not exclude School District from its obligation to observe other provisions of this Agreement and/or; (c) shall have all of the rights available for Services Provider in either law or eqUity.
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5. Responsibilities of Services Provider.
(a) This Agreement shall constitute a license for the School District to use Services Provider's Student Information System during the term of this Agreement.
(b) Services Provider shall provide to School District user training, customer support, on-site visits for planning sessions and assistance in designing security procedures for system data integrity.
(c) Services Provider shall establish and maintain a Disaster Recovery and Restore Program for normal shutdowns and those resulting from a Force Majeure Event. A back-up system will be designed to recover all data, including without limitation, all student data in Services Provider's Student Information System.
(d) Services Provider shall use all student data in strict compliance with instructions provided by the School District. Services Provider shall not alter, mOdify, or change in any way student data provided by the School District except with prior written authorization by the School District.
(e) Services Provider shall not use the student data or the School District's Confidential Information for any purpose other than fulfilling Services Provider's obligations under this Agreement. All of the student data is and shall remain the exclusive property of the School District.
6. Responsibilities of School District.
(a) School District shall provide all necessary data as a comma delimited ASCII or CSVfile.
(b) This Agreement shall constitute a non-exclusive, non-transferable limited license to Services Provider to store and maintain student data on its servers for the sole benefit of School District and its authorized employees and agents as provided in this Agreement.
(c) School District hereby authorizes Services Provider to make copies of student data as may be necessary to perform its responsibilities under this Agreement, including back-up copies for its Disaster Recovery Program.
(d) School District agrees to cooperate with Services Provider to ensure that stUdent data in the Student Information System, and all documentation generated for the use of said system, is compliant with all relevant laws and regulations.
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(e) School District agrees and recognizes that it is solely responsible for the integrity and accuracy of student data.
(f) School District agrees and recognizes that it is responsible for the security of the Student Information System, and that it shall bear all consequences and damages which result from unauthorized use of, or access to the Student Information System by district employees, students or through compromising security information controlled by the district.
7. Ownership. All rights, including property, title, interest and ownership in and to student data, the Student Information Site, and School District's Confidential Information are hereby acknowledged as retained by the School District;
8. Warranties and Representations of Services Provider. The Services Provider does hereby warrant, represent, covenant, and agree as follows:
(a) Services Provider is a duly constituted business entity that possesses the full power and authority to enter into this Agreement and perform its responsibilities hereunder;
(b) Services Provider has full power and authority to use the Student Information System software as contemplated by this Agreement;
(c) Services Provider has no knowledge of any claim of infringement for any product, services or software used or provided by Services Provider under this Agreement;
(d) Services Provider will comply with all applicable federal, state, and local laws in the performance of its obligations under this Agreement;
9. Warranties and Representations of School District.
(a) School District is a duly constituted governmental entity that possesses the full power and authority to enter into this Agreement and perform its financial and other responsibilities hereunder;
(b) School District has obtained all resolutions, consents and approvals that are required in orderforthe School District to execute and deliver this Agreement and perform its financial and other obligations hereunder;
(c) School District has complied with all state laws and regulations relative to the procurement of this Agreement;
(d) The performance by School District of its financial and other obligations hereunder do not conflict with School District's constituent documents or otherwise conflict with or be in violation of any indenture, loan agreement, covenant, condition, order, agreement or other obligation to which the School District is a party or is otherwise bound;
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10. Confidential Information.
(a) Both parties agree not to disclose any Confidential Information as defined by this Agreement.
(b) Both parties will advise and cause its affiliates and employees, administrators, board members, directors, officers, accountants, attomeys, representatives, and agents who have access to Confidential Information not to use or disclose any Confidential Information for any purpose other than for the purposes set forth in this Agreement, and any such use or disclosure shall be in compliance with the restrictions contained within this Agreement.
(c) Each party agrees to use Confidential Information of the other party solely for the purposes of this Agreement and not to disclose such Confidential Information to any third party in any form without the prior written consent of the other party. The limitations set forth in paragraph 11 below shall not apply to disclosure requests required by law, regulation or order of a Court or regulatory agency or other authority having jurisdiction thereof.
(d) In the event that any party hereto becomes legally compelled to disclose any of the Confidential Information or take any action prohibited by this Agreement, the party so legally compelled will provide the other party with notice for the purpose of enabling the other party to seek a protective order or other appropriate remedy, or waive compliance with the provisions of this Agreement. In the event that such protective order or other remedy is not obtained within the time required to provide the Confidential Information, or if no such time period is specified, within 30 calendar days of such written notice to the other party, the party so legally compelled will furnish only that portion of the Confidential Information or take only such action which is, in the opinion of such parties counsel, legally required, and will exercise reasonable efforts to obtain reasonable assurance that confidential treatment will be accorded to any Confidential Information so furnished.
(e) This section shall survive the termination of this Agreement.
11. Limitations on Liabilitv and Indemnification.
(a) School District agrees to defend, at its own expense, and indemnify and hold harmless Services Provider and its agents and employees from and against any claims, suits, damages, and expenses asserted against or incurred by Services Provider arising out of or relating to (a) School District's acts, omissions and/or breach of its obligations hereunder; (b) School District's misuse of data or services provided; (c) use of any services or related products and documentation provided to School District hereunder and; (d) School District's provision of Services Provider's products, system, or service
5 Regular Meeting Agenda - June 1,2017 Page 89 of 226
to any third party including without limitation, damages resulting from unauthorized use of, or access to the Student Information System. Notwithstanding any provision to this Agreement, School District shall pay all damages, settlements, expenses, costs, including costs of investigation, court costs, and reasonable attorney fees and costs incurred by Services Provider as set forth in this paragraph including without limitation reasonable attorney fees and costs incurred in enforcing this Agreement.
(b) Except as specifically set forth in this Agreement and the Agreement Exhibits, Services Provider makes no warranties, express or implied, as to any services, related product or documentation. Services Provider specifically disclaims any and all implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or title or non-infringement of third party rights.
(c) Neither party shall be liable to the other for any other indirect, consequential exemplary, special, incidental or punitive damages, including without limitation loss of use or loss of business, revenue, profits or good will arising in connection with this Agreement, the services, system, related products, documentation and/or the intended use thereof, under any theory of tort, contract, warranty, strict liability or negligence, even if the party has been advised, knew or should have known of the possibility of such damages.
(d) Without limitation of the provisions above, the total liability of Services Provider to School District in connection with this Agreement shall be limited to the lesser of (a) direct damages proven by School District or (b) the aggregate amounts paid by School District to Services Provider under this Agreement for the one month period prior to the accrual of such cause of action for the specific product or service which forms the basis of such cause of action. The foregoing limitation applies to all causes of actions and claims, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts.
(e) Each party agrees to indemnify and hold harmless the other party and the affiliates, directors, officers, employees, agents and advisors of such other party from and against all damages and losses, costs and expenses incurred as a result of the failure of such party or its representatives to perform its confidentiality obligations as contained in this Agreement;
(f) School District acknowledges and accepts responsibility for the distribution of any and all security measures and releases Services Provider from liability for the misuse or unauthorized release or distribution of privileged and confidential student information.
(g) Services Provider is not liable for misuse of the Student System or any other services rendered and is not liable for incomplete or erroneous data provided by School District or any of its agents.
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(h) School District acknowledges and accepts the reasonableness of the foregoing disclaimers and limitations of liability. No cause of action under any theory which accrued more than 1 year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either party against the other.
12. Public Disclosure. The parties shall not publish or otherwise disclose the terms and conditions of this Agreement or the circumstances relevant to its termination without the written consent of the other party except as required by law or a Court of Competent Jurisdiction.
13. Security.
(a) Services Provider shall restrict access to the Student Information System and student data to only those parties whose access is necessary for the performance of the services contemplated by this Agreement.
(b) Services Provider shall maintain appropriate administrative, technical and procedural safeguards to ensure the security and confidentiality of the student data, to protect against any anticipated threats or hazards to the security or integrity of student data, and to protect against any unauthorized access or use of student data which could result in substantial harm or inconvenience to the School District.
(c) Services Provider shall adhere to all federal and state privacy and protection laws and regulations applicable to the gathering, processing, storing and transmitting of student data.
(d) If School District exercises option to utilize security tokens, then School District shall distribute, utilize and maintain the security tokens in accordance with the requirements of Exhibit "8" attached hereto and made a part hereof, and ensure that all appropriate security practices are in place to prevent unauthorized access to student data. Under all circumstances School District shall remain solely responsible for security of Student Information System.
(e) Services Provider exercises no control over and accepts no responsibility for the content of the student data inputted by School District. Services Provider specifically denies any responsibility for the accuracy or quality of the information inputted into Services Provider's Student Information System Use of any information obtained from the system is at School District's own risk.
14. Relationship Between the Parties.
(a) Services Provider is an independent contractor and neither Services Provider nor its employees are or shall be deemed for any purpose to be the employees of the School District.
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(b) School District shall not be responsible to Services Provider, Services Provider's employees, or any goveming body for any payroll taxes related to the performances of services under this Agreement.
(c) Nothing contained herein shall be construed as a joint venture or shall make one party the agent of the other.
15. Notices. All notices, requests or other communications, excluding invoices, hereunder shall be in writing and either transmitted by facsimile, overnight courier, hand delivery or certified mail to the parties at the following addresses or such other addresses as may be specified by a written notice. Notices will be deemed to have been given when received or if delivered by certified or regular mail, 5 days after posting.
Service Provider: Realtime Information Technology, Inc. 1000 Washington Street Toms River, New Jersey 08753 Attn: Larry Ullman
School District: Wayne Township Public Schools 50 Nellis Drive Wayne, NJ 07470 Attn: Business Administrator
16. Affirmative Action: The parties to this contract agree to incorporate into this contract the mandatory language of section 3.4A of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the contractor or subcontractor agrees to comply fully with the terms, provisions, and obligations of said section 3.4A provided that said subsection shall be applied subject to the terms of SUbsection 3.4(c) of said Regulations.
The parties to this contract agree to incorporate into this contract the mandatory language of section 5.3 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the contractor or subcontractor agrees to comply fully with the terms, provisions, and obligations of said section 5.3.
The Services Provider shall execute the Affirmative Action Agreement, Exhibit "e" attached hereto, which shall be incorporated herein by reference.
17. New Jersey Business Registration Requirements: The purpose of this provision is to incorporate into the Agreement the contractual language required by P.L. 2004, c.57.
The Services Provider shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the Services Provider.
Before final payment on the Agreement is made by the School District, the Services Provider shall submit an accurate list and the proof of business registration of each
8 Regular Meeting Agenda - June 1,2017 Page 92 of 226
sub-contractor or supplier used in the fulfillment of the Agreement, or shall attest that no subcontractors were used.
For the term of the Agreement, the Services Provider and each of its affiliates and a subcontractor and each of its affiliates [(N.J.S.A. 52:32-44(g)(3)) shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act of all sales on tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency.
A business organization that fails to provide a copy of a business registration as required pursuant to Section 1 of P.L. 2001, c.134 (C52:32-44 et al) or Subsection e orf of Section 92 of P.L.1997, c.110 (C5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25.00 for each day of violation, not to exceed $50,000.00 for each business registration copy not properly provided under a contract with a contracting agency.
18. Assignment: Neither party may assign its obligations under this Agreement without the written consent of the other party except that the Services Provider may assign its rights and obligations under this Agreement to a parent, subsidiary, affiliate or in the event of a reorganization, merger or sale of a business unit or majority stock ownership, without the consent of the School District.
19. Entire Agreement. Amendment. This Agreement and Exhibits A, B, and C attached hereto and made a part hereof constitute the entire Agreement by and between the parties hereto and supersedes and replaces all previous understandings and agreements whether written or oral, which may have existed between the parties hereto. This Agreement may only be modified by a subsequent written instrument which shall be executed by both parties hereto, provided that if Services Provider has assigned, hypothecated or granted a security interest in this Agreement to a third party, then this Agreement may only be modified and amended with the express written approval and consent of the parties hereto along with said third party.
20. Partial Invalidity. Should any provision of this Agreement be deemed invalid, illegal or unenforceable in any respect, then said provision will be deemed stricken and ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable prOVision or otherwise affecting the continued enforceability of the remainder of this Agreement.
21. Further Assurances. The parties hereto agree to execute all documents and take all further actions which might be reasonably requested by the other party in order to better fulfill or evidence the intentions of the parties hereto.
22. Miscellaneous Provisions:
(a) This Agreement shall be construed in accordance with the laws of the State of New Jersey. It is agreed and understood that all disputes arising hereunder shall be adjudicated solely and exclusively in a Court of Competent Jurisdiction
9 Regular Meeting Agenda - June 1, 2017 Page 93 of 226
located in Ocean County in the State of New Jersey. The parties hereto waive all rights to challenge jurisdiction or to assert any defenses to jurisdiction including the defense of forum nonconvens. The parties hereto knowingly and intelligently waive their right to a jury trial of any dispute that might arise hereunder.
(b) No provision of this Agreement may be waived absent the express written consent of both parties hereto. The failure of any party hereto to assert any of its rights under this Agreement will not be construed to constitute a waiver of such a provision, nor in any way be deemed to affect the validity of this Agreement or the right of any party hereto to thereafter subsequently enforce its rights and remedies as otherwise provided herein. No express and written waiver of any breach of this Agreement shall be held to constitute a waiver of any other provision hereof.
(c) No covenant or obligation hereunder to be performed by School District may be waived except by the written consent of Services Provider.
(d) Except as otherwise provided herein, this Agreement shall be binding upon an inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, where permitted by this Agreement.
This Agreement is entered into on the date first referenced above.
WITNESS Services Provider: Realtime Information Technology, Inc.
~L{~ By: - LAWRENCE ULLMAN Title: President
WITNESS School District: Wayne Township Public Schools
By:
Date: ______Title: ______
10 Regular Meeting Agenda - June 1, 2017 Page 94 of 226
Wilson® Multi-tiered Systems of Professional Learning and Teacher Support: 2017-2018
• Fundations® in Tier 1, Grade 1 • Wilson Reading System® in Tier 3, Grades 2-12
To: Wayne Township School District 50 Nellis Drive Wayne, NJ 07470 Erica Cer/Ill-Levlne, Assistant Director of Student Support Services [email protected] 973.217.2193
By: Sarah Charette, Implementation Administrator [email protected] 508.368.6602
Susan Frank, Literacy Advisor [email protected] 774.200.7125
Plan Date: 312712017 Response Date: 412712017 Revision Date: 511612017
Wilson Language Training (WLT) 47 Old Webster Road Oxford, MA 01540 508.368.2399 Regular Meeting Agenda ~ June 1,2017 Page 95 of 226 WLT PROPOSAL Wilson Langulge Training Is honored to hive the opportunity to collaborate with Wayne Township School District. Our mission Is to provide quality professional laaming and ongoing support so that educators have the skills and tools they need to help their students become fluent, Independent readers, who are ready to explore the endless possibilities the world of reading has to offer. The enclosed proposal includes material and professionalleaming necessary to implement Wilson programs as outiined In this proposal. Costs for professlonalleamlng are included. (Note that tax exempt certificates are required in advance In order to process the order without applicable tax.) All prices are valid for 30 days from the date the pian is submitted by Wilson Language Training. Acceptance of this pian does not guarantae scheduling of training or specific training dates. The scheduling of professional leamlng is dependent upon the availability of a Wilson LReraey Specialist or Trainer to service the site. I understand that pratesslonalleamlng events as outilned in the plan will only be secured after receipt of a purchase order. In the event that Wilson does not receive a purchase order all scheduled professlonalleaming services risk being delayed or cancelled. ~ this plan is accepted at a data later than listed below, we cannot guarantee availability of a Uteracy Specialist or Trainer. In order for Wilson Language Training to respond In a timely manner to this plan request and ship program materials to support a successful Implementation, please r ••pond to this plan by IIlIIng out and faxing thts fonn prior to or by: April 27, 2017 * Please .elect: o Please call regarding revisions to this plan. Any revisions made will require the corresponding Service Ag)"ement(s) to be revised. ~ This plan Is accepted. By accepUng this plan, you agree to the outline of Wilson services to be delivered and the materials needed as determined in partnership with the District. In addition, we ask that you sign the Service Agreement(s), which is e contract that binds the parties to specific terms and conditions with respect to delivery of the Plan services. Prior to employment, our trainers undergo a national criminal beckground check. If a criminal background check according to your process Is also raqulred prior to providing the professional learning events outilned in this plan, please alert your Implementation Administrator. Although we will act as quickly as possible to comply, time constraints may affect scheduling of professlonallaamtng.
Please list a business contact should any billing questions arise. Business Office Contact (required): Name: Nice/I" C;cU aeW4f 1itie:,.4s~r Au~ Adkt ' Phone:W~3 :!'Ob'i Fax: _--__-,--_ Emaii:'h ~Jtee,,(Ar e ...".,..,,,c.sJre:b, COlAo-( Mailing Address: ~ as on cover page
Date:_-2fL.~~rrr2~""---___---'" Authorized Signature: ?",~-'-"'z>,L---;:------:
Print NamefTftle: _""7"'~p..a:.u:::!1!../..--=:::..../'-....:=--~L.t24421o(L-~~-I-:!J.. Wiison will be contacting you at least three times to gain feedback rega Please fax the completed form to Sarah Charette, Implementation Administrator at 508-368·2322.
-Acceptance of plan does not luarantee the scheduling of tralnlns, WLT wUl schedule tralnl"! on a flrst-come flrst-seNert basis until we have reached ourcapadty
2 WL T MULTI·TlERED SYSTEMS OF SUPPORT - WAYNE TOWNSHIP SCHOOL DISTRICT - WAYNE, NJ PlN-l718-NJ -1 2l2 C. 2017WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED. I WWWWI! SQNLANGUAGE COM 2017-219-35338 Regular Meeting Agenda - June 1, 2017 Page 96 of 226
DISTRICT PLAN GOALS
This one-year plan represents a collaborative partnership between Wayne Township School District and Wilson Language Training to achieve the following goals in 2017·2018:
• District and school·based administrators will develop an understanding of the Implementation factors for successful outcomes with Fundations® and the Wilson Reading System®.
Fundatlons" Presenter Training • An individual for the district, Suzana Adamo, has completed the prerequisites (Fundations Facilitator Certification and WRS Levell Certification) and submitted an application to attend the Fundations Presenter training" in Oxford, MA In the Summer of 2017 for Levell.
Wilson Reading System" (WRS) • Nine (9) elementary schools will continue the Implementation of the Wilson Reading System in Tier 3 as part of their total literacy plan for the district. WRS Levell Certification Coursework • Ten (10) Tier 3 teachers will complete WRS Levell Certification throughout the school year. (See the attached document for a detailed description of the program and reqUirements.) • Up to twenty (20) previously WRS Levell Certified teachers and ten (10) teachers currentiy completing WRS Levell Certification will attend the three-day WRS Advanced Strategies for Multisensory Structured Language Group Instruction Workshop.
3 WLT MULTI·TIERED SYSTEMS OF SUPPORT - WAYNE TOWNSHIP SCHOOL DISTRICT - WAYNE, NJ PLNaJ.718·NJ·122:1 "2017WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED. I WWWWiLSONLANGUAGE COM 2017-219-35338 Regular Meeting Agenda - June 1, 2017 Page 97 of 226
PROFESSIONAL LEARNING ACTIVITY SCHEDULE I TIER 1 FUNDATIONS®
The following provides the scheduling and other details for the previously described plan.
Summer 2017 Schedule
• Fundations Presenter Training·: Upon formal acceptance into the Presenter program by Wilson Language Training, Suzana Adamo must complete two components: • An online course with specific content for the level being credentialed: (K, 1, 2, 3, or Intervention) and • A 1 Y. day In-person workshop wHh a focus on general presenter skills to be held In Oxford, MA (The in-person workshop needs to be completed just once; after completion, if a Presenter is eligible to pursue another credential level, he/she need only to meet the prerequisites, be accepted into the program and complete the level-related online course.) "The candidate must submit an app/icaUon for the Wilson Presenter progrem and be accepted by the Wilson Certification Board. Acceptance Into the progrem requires successful campleUon of WRS Lavell Certification, Fundatlons Facllnator Certification for the specific level, recommendetion, and availability to attend the trelning.
WLT MULTI·TIERED sYSTEMS OF SUPPORT - WAYNE TOWNSHIP SCHOOL DISTRICT - WAYNE, NJ PLN-:1718-NJ-12z2 () 2017 WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED. I www WllSONlANGUAGE COM 2017-219-35338 Regular Meeting Agenda - June 1,2017 Page 98 of 226
PROFESSIONAL LEARNING ACTIVITY DETAILS I FUNDATIONse
REQUIRED MAlERIALS WHO SHOULD MAXIMUM SCHEDULING/ PROFESSIONAL LEARNING ACTMTY DURATION FOR PROFESSIONAL ATTEND SEATS TIME FRAME LEARllJNG ACTMTIES
11/2 days June 27-28, Fundatlons Teacher's Kit Fundations Presenter Training Presenter and Maximum corresponding detennlned 2017 for each level pursued Lavel1 Candidate online course byWLT In Oxton:!, MA (Materiels sold separately) par level
Note: The materials listed in this summary table are needed for the Professional Learning Activities outlined and are provided unless otherwise noted, Materials required for program implementation should be purchased separately,
Administrators should refer to the attachments accompanying this plan for detailed professional learning descriptions and requirements regarding Fundations.
5 WLT MULTI·TlERED SYSTEMS OF SUPPORT - WAYNE TOWNSHIP SCHOOL DISTRICT -WAYNE, NJ PLN-:l1:lIJ.NJ-12:t:l Cl2017WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED, I wwwWILSONLANGUAGECOM 2017-219-35338 Regular Meeting Agenda - June 1, 2017 Page 99 of 226
PROFESSIONAL LEARNING ACTIVITY SCHEDULE I WILSON READING SYSTEMGD
The following provides the scheduling and other details for the previously described pian.
Summer/Fall 2017 Schedule • WRS Levell Certification Start.Up Workshop: Ten (10) Individuals selected to participate in WRS Levell Certification will attend the one-day WRS Start·up Workshop. This workshop must be scheduled within five (5) weeks of the start of the school year.
Fall 2017 Schedule • WRS Levell Certification Practicum Student Requirements: Practicum students must be approved by WLT for participation in the Levell Certification program'. The practicum will require each Levell Certification teacher to work 1:1 with a student for a minimum of 60 lessons. The district will need the Word Identification Spelling Test (WIST) for WRS Levell Practicum Siudent Pre/Post·testing measures. This will require school districts to purchase WIST assessment tool if they don't already have It. More than one copy may need to be purchased if logistics prevent participants from sharing. • WRS Levell Certification": Ten (10) individuals selected to participate In Levell Certification will have two (2) observations and two (2) Implementation meetings in the fall. • A WRS Site Logistical Fee will be added to the plan cost if and when an additional observation day is needed due to logistical constraints to conduct observations with all enrolled participants.
Spring 2018 ScHedule • WRS Levell Certification: Ten (10) individuals will continue and complete Levell Certification. Three (3) observations and three (3) implementation meetings will be conducted In the spring. • WRS Advanced Strategies for MSL Group Instruction Workshop: Teachers participating In WRS Levell Certification will attend the WRS Advanced Strategies for MSL Group Instruction Workshop at the end of the school year.. •. Participants who have previously completed WRS Levell Certification are also eligible to attend. A minimum of 6 participants Is required to hold this seminar on·site . • For WRS Levell Certification, approved practlcum students must be In grades 4 -12. In order for the candidate to complete practicum reqUirements, the practicum student approval shOUld be completed no later than week 7 of the school year.
~ Ten participant minimum is required to esteblish WRS Level I Certification, if pat1ielpant count drops below 8, the district will be charged for 8 pat1icipants . ••• Successful completion of WRS Levell Certification and attendance olthe WRS Advanced StrategIes for MSL Group Instruction Workshop are the preraquisftes for the WRS Group Mastery Pract/cum. Successful completion of WRS Levell Cet1fficetion Is the prerequlslfe for the WRS Steps 7-12 Practicum and/or the WRS Advanced Word Study Online Course (Steps 7-12).
8 WLT MULTI·TIERED SYSTEMS OF SUPPORT -wAYNE TOWNSHIP SCHOOL DISTRICT - WAYNE, NJ PLN o 17J,8--NJ·u21 Cl 20>7 WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED. I WWWWILSONLANGUAGE COM 2017·219-35338 Regular Meeting Agenda - June 1, 2017 Page 100 of 226
PROFESSIONAL LEARNING ACTIVITY DETAILS - WILSON READING SYSTEM®
WHO REQUIRED MATERJAl.B MAXIMUM PROFESSIONAL LEARHING ACTMTY SHOULD DURATION SCHEDUUNGI TiME FRAME FOR PROFESSIONAL SEA11I ATTEND LEARHING AcTMT1EB
Levell Start..up Workshop: SummerIFa1l2017 Practicum is ongoing throughout the school year Observations are WRS Slane, Set conducted 5 times during WIST Assessment KIt the school year. WRS Levell Certlficaijon WRS Sludent Notebook Tiar3 ~ 12 months 10 Implementation meetings (1 of each of the above per teachers are conducted In ~ certfficaUon participant) ., conjunction with "l!; observation visits. C> WRS Intensive Instruction: (Materials sold separately) Online Course (Steps 1-6) ~ throughout the school year. g (Course expires 12 months from date of registration) ~ WRS Level I Minimum of 1 WRS Slane, Sat Certified 6 particlpanls (sold separately) WRS Advanced Strategies for MSL teachers and 3 to be held teachers consecutfve Spring 2018 Group Instruction Workshop on~slte compiellng days 1 Wilson Auency" /BASIC Levell 30 maximum Ktt for the workshop Certification particlpanls (provfded)
Note: The materials listed in this summary table are needed for the Professional Learning Activities outlined and are prOVided unless otherwise noted. Materials required for program implementation should be purchased separately.
AdmInIstrators should refer to the attachments accompanyIng this plan for detailed professional learning descriptions and requiremants regarding the Wilson Reading System.
7 WLTMULTI·T1ERED SYSTEMS OF SUPPORT -WAYNE TOWNSHIP SCHOOL DISTRICT -WAYNE, NJ PlN-1718-NJ-1222 o '.'7 WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED. I WWW,WILSONLANGUAGE COM 2017·219-35338 Regular Meeting Agenda - June 1,2017 Page 101 of 226
COST SUMMARY
Plan #: PLN·1718·NJ·1222 Quote Numbers: PLQ1000025 I Ql 01 0311 Wayne Township School District Wayne, NJ
Unit Extended Wilson District Plan Cost Details QTY Unit of Measure Price Price Materials Wilson Reading System Certification Set 10 Each $399.00 $3,990.00 Wilson Notebook (in binder) 10 Each $15.00 $150.00 Totsl Metsrlals $4,140,00 Professional learning Fundatlons Presenter Levell 1 Per Person $400.00 $400.00 WRS Levell Certification 10 Per Event $1,950.00 $19,500.00 WRS Level II Advanced Strategies for MSL 1 Per Event $5,900.00 $5,900.00 Group Instruction Workshop Totsl Professional learning $25,800,00 Totsl Matsrlal. and Proflle.lonal Learning $29,940,00 Shipping and Handling $331.20 Sal•• Tax" , 'SO,OO TotslAmount $30,271.20 'Sa'"" laX provided with IhIa quota II an .stlmato :t AA;tua! ..1os1aX 10 caJcuIatod based on the deto on invoice plus the cummllaX rates lor your location.
Note: Applicable sales tax is not included in this quote.
8 WLT MUL TI·TIERED SYSTEMS OF SUPPORT - WAYNE TOWNSHIP SCHOOL DISTRICT - WAYNE, NJ PLN-1718-NJ-12:lZ C 2017 WILSON LANGUAGE TRAINING CORPORATION. ALL RIGHTS RESERVED. I WWWWllSONlANGUAGE COM 2017-219-35338 Page 102 of 226
2017-2018 Wilson Language Training Professional Leamlng Service Agreement District Plan
This Agreement made and entered Into this day of , 2017 by and between Wilson Language Training Corporation, a corporation duly organized and existing under the laws of Massachusetts and having its principal place of business at 47 Old Webster Road In Oxford, MA 01540 (hereafter called "WLT") and Wayne Township School District of Wayne, NJ (hereafter called ·Purchaser").
In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, WLT has agreed to provide and Purchaser has agreed to purchase the Wilson Professional Leaming training events as identified to occur in the 2017-2018 school year in the Wilson Implementation or Sustainability Plan entered between the parties and as specifically identified below.
Terms & Conditions:
WLT programs and materials are proprietary and subject to copyright and cannot be copied, duplicated or distributed wnhout the prior, expressed, written permission of WLT. Title and ownership of Wilson" courses, programs and services shall remain solely with WLT. A license from WLT is required to deliver Wilson" Professional Leaming.
PURCHASER AGREES to the extent permnted by law to fully exonerate, Indemnify, and hold harmless WLT from and against all claims or actions brought by third parties and all expenses or costs (including attomeys' fees) Incidental to the defense of any such claims or actions based upon or ariSing out of or In connection with the performance of this Professional Leaming Service Agreement, or by condnions created thereby and not caused by the negligence or deliberate misconduct ofWLT.
Scheduling of training events is subject to availability ofWLT staff. Scheduled events cancelled with less than forty eight (48) hours advance notice will be invoiced at the full amount. Rescheduling of cancelled events will incur additional charges up to the full amount of the event. A $50 administrative fee will be charged to all participants who withdraw from a program within 30 days from WRS Startup Workshop or 30 days from the registration date if no Startup was provided.
Maximum number of participants for workshops is thirty (30) with the exception of Fundations® Kl1 Workshop where n is ten (10). Additional partiCipants are subject to WLT approval and an additional fee. The schooVorganization is responsible for providing audio-visual equipment. A web-link, copy or facsimile of any promotional materials created by the Purchaser or its representatives about this program must be provided in advance to and approved by WLT.
Program Fee. This Agreement binds the Purchaser to the full program fee for Professional Leaming and for materials, if any, noted below and as billed by WLT. Payment is due net 30 from invoice. Trainer expenses for domestic locations are included in the cost of the training event(s). Services will not be scheduled until a purchase order or payment is received. WLT reserves the right to charge an additional fee for special accommodations or logistics necessary to deliver services. This agreement does not apply to the materials identified in the Implementation or Sustainabillty Plan unless noted below. The cost for the agreed upon Professional Leaming, however, has been determined taking into account the anticipated material order identified in the Plan. Should such materials not be purchased by separate purchase order or agreement during the Plan implementation period, WLT reserves the right to adjust the cost of the Professional Leaming to the market price at time of delivery.
PLN-1718-NJ.1222
02017 WilSON lANGUAGE TRAINING I PROFESSIONAL. LEARNING SERVICE AGREEMENT (06114) 2015-30-136 PAGE 1 OF 3 Version: 5/16/2017 Regular Meeting Agenda - June 1, 2017 Page 103 of 226
2017-2018 Wilson Language Training Professional Learning Service Agreement District Plan
Cost Summary:
Plan #: PLN·1718·NJ·1222 Quote Numbers: PLQ1000025 1 Q1010311 Wayne Township School District Wayne, NJ
Unit Extended Wilson District Plan Cost Details QTY Unit of Measure Price Price Materials Wilson Reading System Certification Set 10 Each $399.00 $3,990.00 Wilson Notebook (in binder) 10 Each $15.00 $150.00 Total Materials $4,140.00 Professional Learning Fundalions Presenter Level 1 1 Per Person $400.00 $400.00 WRS Levell Certification 10 Per Event $1.950.00 $19,500.00 WRS Level II Advanced Strategies for MSL 1 Per Event $5.900.00 $5,900.00 Group Instruction Workshop Total ProfessIonal Laamlng $25,800.00 Total Materia" and Prolasslonal Learning $29,940.00 ShippIng and Handling .... $331.20 Sal88 TIlX"' $0.00 Total Amount $30,271.20 ·SaI .. tax pn>vtdad wjth IhIa quote II an ostImale only. AclUalsalas tax Is _led based on lila data on lha Involoa plus lha currant tax I8Iea for your Ioca1Ion.
PLN·111 &oNJ.1222
02017 WIlSON LANGUAGE TRAINING I PROFESSIONAL LEARNING SERVICE AGREEMENT (06184) 2016-30-136 PAGE I. Of 3 Regular Meeting Agenda - June 1, 2017 Page 104 of 226
Version: 5/16/2017
2017-2018 Wilson Language Training Professional Leamlng Service Agreement Distnct Plan
Billing Options (please select payment/billing method - choose one): o Provide purchase order for full amount of Plan; one invoice for full amount of Plan needed C; Provide purchase order for full amount of Plan; separate invoices needed as services are rendered c::: Multiple purchase orders will be used to pay for Plan; separate invoices for each purchase order are needed ::: Other; please explain:
po#: (AUTHORIZE~~ CzpY MUST PAYMENl 0 BEA CHED 0 PHECK# PLEASE ATTACH)
BY signing below, the undersigned representative warrants and represents that he or she has full authority to execute this AQreement on Purchaser's behalf and to bind Purchaser to the terms hereof. .---:::a. - bURCHASE~UY.A}' ~LTSIGNATURE !PRINT NAMILl .~],~ ,-?tt .'1;",,11"'" PHo9Il7~ t.~.t "~ PRINT NAME Bert M. Beldarelll PHONE 800.899.8454 ><6627 POSITION 7 ",T -. M PATE ~-/lq!t1 POSITION Deputy Treasurer pATE ---
PL.N-1718-NJ.1222
02017 WILSON LANGUAGE TRAINING I PROFESSIONAL LEARNING SERVICE AGREeMENT (05184) 2016-30-130 PAGE30F3 OUT OF DISTRICT PROFESSIONAL TRAVEL OPPORTUNITIES FOR STAFF MEMBERS - June 1, 2017
T=Travel L=Lodging NAME M&I=Meals TOTAL NO. POSITION BLDG. WORKSHOP LOCATION DATE/S REG. FEE REG. ACCT. CODE "''''Incidentals T/L/M&I ACCT. CODE COST
Weir,M. Symposium in Pedagogy T=$81.18 Director of of Leadership, Univ. of PAl 10/12 & L=$183.00 1 Secondary Central Office Philadelphia, PA 10/13/17 $495.00 11-000·240-500·540·00 M&I=$126.50 11·000-240·580-54·000 $885.68
TOTAL: $885.68 Regular Meeting Agenda - June 1,2017 Page 11901226
Seton Hall University Project Acceleration High School Dual Enrollment Program Agreement
This Agreement is entered into this I" day of July, 2017 between Seton Hall University (the "University,") located at .JOO South Orange Avenue, South Orange, New Jersey 07079 and the Wayne Township Board of Education (the "BOE,") located at 50 Nellis Drive, Wayne, NewJersey07470.
WHEREAS the Legislature of the State of New Jersey has directed that a program shall be established to provide courses for college credit to high school students on public high school campuses through institutions of higher education in the State; and
WHEREAS the BOE seeks to offer such courses for college credit through the University; and
WHEREAS the University seeks to assist in the olfering of such courses by the BOE through its "Project Acceleration" (the "Program"):
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:
1. A description of Project Acceleration and the rights and responsibilities of the BOE, the University and the students participating in Project Acceleration (the "students") are set forth on the University's website at http://www .shu.eduiacadclllics/mtsci/project-accelerationl (the "website"). Those rights and responsibilities are expressly incorporated into this Agreement as the terms and conditions of participating in Project Acceleration in addition to those set forth below. The parties agree to abide by the terms and conditions contained on the website, in addition to the terms and conditions contained in this Agreement. The University reserves the right to modify Project Acceleration at any time by modifying the website, without notice to the High School, except in the event of termination. Students who meet all of the following criteria, as well as the criteria listed on the University's website, are qualified to initially participate in the dual enrollment program:
A. The student is a high school junior or senior at Wayne Valley High School or Wayne Hills High School in good academic standing; and
B. The student is making satisfactory progress toward fulfilling applicable secondary Regular Meeting Agenda - June 1,2017 Page 120 of 226
school graduation requirements and has the appropriate academic background, as determined by the BOE.
2. The term of this Agreement shall begin on July I, 20 I 7 and shall remain in effect for the 2017 -2018 school year. The parties may meet at least two months prior to the end of the 2017-2018 school year to discuss the courses and terms of the agreementfor the following school year and any such agreement is subject to written approval by the BOE and the University.
3. Attached as Exhibit A is a listing of the courses for offering by the BOE and the corresponding high school instructors that have been approved by the University as part of the Program. Any change to the course curriculum, evaluation methods, textbooks, high school instructors or course syllabus must be submitted, in writing, to the University for approval pursuant to the schedule set forth on the website for "Material Submissions. The dual enrollment courses taught at WaYne Hills High School and WaYne Valley High School shall be equivalent in rigor to courses taught on the campus of the University.
4. A student and his/her parent or guardian are informed about the opportunities for student participation in the Middle College Program through, including, but not limited to, informational sessions with the parents/students, and distribution of materials via e mail and the District website.
5. The student and hislher parent or guardian exercise the option to participate in the Program by signing the University's registration form.
6. The tuition cost for the 2017-2018 academic year, per three-credit course, will be $225. The tuition cost per each one-credit course will be $75. Checks are to be made payable to Seton Hall University. However, an eligible student shall not be excluded from participation because of an inability to pay.
7. It is agreed that the BOE, its employees, instructors and/or agents are solely responsible for their own actions and have no relationship to the University as partners, joint venturers, employees or agents. In no event shall a BOE instructor participating in Project Acceleration be considered an employee or agent of the University.
8. Any misrepresentation by a student of his/her qualifications, experience, education or references shall immediately disqualify them from any further participation in Project Acceleration.
9. The BOE shall designate, on Exhibit B, a representative who will coordinate and monitor the BOE's participation in the Program. The University's Program coordinator Regular Meeting Agenda - June 1, 2017 Page 121 of 226
is:
Christopher A. Kaiser, Ed.D. Associate Dean Project Acceleration Seton Hall University 400 South Orange Avenue South Orange, New Jersey 07079
10. The parties shall not discriminate against any person or group of persons on the basis of race, color, religion, age, national origin, ancestry, gender, pregnancy, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity and/or expression, handicap and disability, atypical hereditary cellular or blood trait, AIDS and/or HlV status, genetic information, service in the Armed Forces of the United States, status as a disabled veteran or as a veteran of the Vietnam era.
11. In the event of a breach or default of any material term or condition of this Agreement by either party, the non-defaulting party shall promptly notify the other party, in writing, of the alleged breach and the other party shall promptly take all reasonable steps necessary to cure the alleged breach. If, after a period of thirty (30) days, the party to whom the written notice of breach was sent has not cured or taken reasonable steps to cure the alleged breach, or otherwise remedied the situation to the reasonable satisfaction of the non-defaulting party, the non-defaulting party may suspend its performance under the Agreement in whole or part, or immediately terminate the Agreement as it deems appropriate under the circumstances.
12. This Agreement may be tenninated by either party, for any reason and without liability of financial obligation, by SUbmitting written notice to the other party at least one (1) year before the last class begins its participation in Project Acceleration. The responsibilities toward students in the Program at the time will be honored so that those students have the opportunity to complete the Program.
13. All notices to the parties hereunder must be in writing, signed by the party giving it. All notices shall be shall be deemed delivered i) when delivered by hand; (ii) one (I) business day after being sent by Federal Express or other commercial overnight courier or (iii) three (3) days after deposit in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the following addresses:
University Representative Christopher A. Kaiser, Regular Meeting Agenda - June 1, 2017 Page 122 of 226
Ed. D. Associate Dean Proj ect Acceleration Seton Hall University 400 South Orange Avenue South Orange, New Jersey 07079
BOE Representative Benjamin Glaz, Assistant Principal Wayne Hills High School 272 Berdan Avenue Wayne, New Jersey 07470
or to such other address as may be hereinafter designated by addendum hereto.
14. The failure or delay by either party to exercise any of its rights under this Agreement shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
15. Neither party shall assign this Agreement without the prior written consent of the other party.
16. All matters of material concern to the BOE and University in connection with the Program shall be discussed by the parties as the need to do so arises.
17. During the term of this Agreement, the University shall keep all student information strictly confidential in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. I 232g, and its implementing regulations at 34 C.F.R. 99.1 et seq. and N.lA.C. 6A:32-7.1 et seq.
18. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New Jersey (without regard to any conflict of laws provisions) and the decisions of the New Jersey courts. The BOE agrees that all lawsuits arising out of this Agreement, wherever derived, shall be resolved in Essex County in the State of New Jersey, waiving any claim or defense that such forum is not convenient or proper. Regular Meeting Agenda - June 1, 2017 Page 123 of 226
19. This Agreement constitutes the entire agreement between the parties and there are no oral or other representations regarding the subject of this Agreement that are binding on either party. This Agreement supersedes all prior agreements, contracts and understandings, whether written or otherwise, between the parties relating to the subject matter of this Agreement. All changes to this Agreement must be in writing, signed by both parties, except that changes may be made by the University, in its sole discretion, to the Program as long as any such changes appear on the University's website.
20. This Agreement is subject to ratification and final approval by the Wayne Township Board of Education after receipt from the University of a signed agreement.
Seton Hall University
By:.~~~~~ ______Dated: ______Stephen Graham Vice President for Finance and CFO
Wayne Township Public Schools
By:-;-;----:-=-;----;:o-=----- Dated: ______President, Wayne BOE Regular Meeting Agenda - June 1, 2017 Page 124 of 226
PROJECT ACCELERATION
APPROVED COURSES AND HIGH SCHOOL INSTRUCTORS
SIIII code Class name (liS) Clas..~ name (SitU) teacher BIOLI 122- PWI Human f\natomy & Physiology Human A~atomy &. Physiol~gy I fall semester Dr. Anthony Defina BIOLII23- PWI Human Anatomy & Physiology Human Anatomy ~ Physiology 11 spring semester Dr. Anthony qe~na BIOLlI33- Human Anatomy & Physiology PWI Human Anatomy & Physiology Lab I fall semester Dr. Anthony Defina BIOLI 134- Human Anatomy & Physiology PWI Human Anatomy (\ Physiology Lab II s pri~g semester Dr. An t~ony Defin~ Regu(ar Meeting Agenda - June 1,2017 Page 125 of 226
PROJECT ACCELERATION
HIGH SCHOOl COORDINATOR
BOE Representative Benjamin Glaz, Assistant Principal Wayne Hills High School 272 Berdan Avenue Wayne, New Jersey 07470 Regular Meeting AgM"l'R~IHjlF ADDITIONAL COMPENSATION CST 6/1/17 Page 140 of 226
CHILD STUDY TEAM SUMMER PERSONNEL 2017 HOURLY LAST NAME FIRST NAME DEPT RATE ACCOUNT #
1 AN JENNY CHILD STUDY $48.93 11-000-219-110-17-000 2 BARRIERA ROSA CHILD STUDY $58.07 11-000-219-110-17-000 3 BERNSTEIN PAM CHILD STUDY $45.86 11-000-219-110-17-000 4 BRILLO NANCY CHILD STUDY $50.21 11-000-219-110-17-000 5 CAREY CYNTHIA CHILD STUDY $74.43 11-000-219-110-17-000 6 CHACON LlSSETIE CHILD STUDY $40.57 11-000-219-110-17-000 7 COLATRELLA JASON CHILD STUDY $47.71 11-000-219-110-17-000 8 CORTER CATHERINE "PENNY" CHILD STUDY $53.86 11-000-219-110-17-000 9 DOOLEY RICKIE CHILD STUDY $81.71 11-000-219-110-17-000 10 GERBER BARBARA CHILD STUDY $74.43 11-000-219-110-17-000 11 GNASSI DIANE CHILD STUDY $79.86 11-000-219-110-17-000 13 HOLMAN LAURA CHILD STUDY $43.29 11-000-219-110-17-000 14 KARRAS ANGELA CHILD STUDY $62.86 11-000-219-110-17-000 15 LINDEN NANCY CHILD STUDY $70.29 11-000-219-110-17-000 16 LISKA DAN CHILD STUDY $70.21 11-000-219-110-17-000 17 BLIGH VICTORIA CHILD STUDY $44.07 11-000-219-110-17-000 18 LOVENHEIM SHARI CHILD STUDY $57.21 11-000-219-110-17-000 19 LUPPINO DANIELLE CHILD STUDY $40.57 11-000-219-110-17-000 20 NYHUIS JENNIFER CHILD STUDY $60.36 11-000-219-110-17-000 21 PARKES NICOLE CHILD STUDY $55.86 11-000-219-110-17-000 22 PAVLAK BARBARA CHILD STUDY $54.07 11-000-219-110-17-000 22 POPPE JO ANNE CHILD STUDY $62.00 11-000-219-110-17-000 23 PURN JESSICA CHILD STUDY $40.57 11-000-219-110-17-000 24 RASTELLO ANDREA CHILD STUDY $53.00 11-000-219-110-17-000 25 REESE GLORIA CHILD STUDY $76.36 11-000-219-110-17-000 26 RODGERS CAITLIN CHILD STUDY $46.86 11-000-219-110-17-000 27 RUMANA LAURA CHILD STUDY $62.86 11-000-219-110-17-000 28 SPIROCK MICHELE CHILD STUDY $49.36 11-000-219-110-17-000 29 SYNHORST LAUREN CHILD STUDY $47.79 11-000-219-110-17-000 30 VENTRELLA KATIE CHILD STUDY $45.86 11-000-219-110-17-000 31 ZNUTAS AMANDA CHILD STUDY $47.43 11-000-219-110-17-000 32 TENGWALL ELIZABETH NURSE/CHILD STUDY $47.07 11-000-213-110-60-000 33 ECK CATHERINE NURSE/CHILD STUDY $65.14 11-000-213-110-60-000 Regular Meeting Agenda - June 1,2017 Page 141 01226 APPROVAL OF ADDITIONAL COMPENSATION ESL 6/1/17
ESL TEACHERS SUMMER PERSONNEL 2017 HOURLY LAST NAME FIRST NAME DEPT RATE ACCOUNT #
1 BEHMAN NICOLE ESL TEACHER $40.07 11-240-100-110-17-001 2 DIGANGI WENDY ESL TEACHER $65.14 11-240-100-110-17-001 3 HOLLAND MARGARET ESL TEACHER $44.92 11-240-100-110-17-001 4 KIRSTEIN KIMBERLY ESl TEACHER $56.21 11-240-100-110-17-001 5 LlNTES SORINA ESl TEACHER $52.14 11-240-100-110-17-001 6 MARCH YVmE ESl TEACHER $72.50 11-240-100-110-17-001 7 OLIVE CAROL ESl TEACHER $52.79 11-240-100-110-17-001 8 PIGNATARO CHRISTINA ESl TEACHER $60.35 11-240-100-110-17-001 Regular M'l>.'JYl"RW'Rta ,*n'Abrl'~¥IONAL COMPENSATION ABA SPECIALISTS 6/1/17 Page 142 of 226
2017-2018 School Anti-Bullying Specialists(ABS) to plan and prepare for Anti-Bias Program Implementation for the School year 2017-2018. 7/1/17 - 8/31/17 not to exceed 14 hours/per/ABS.
SCHOOL HOURLY RATE Account charged Elementarll 1. Christina Cordeira APT $ 40.57 * 11-000-218-104-000-032 2. Denise Malone JFalion $ 62.86 * 11-000-218-104-000-032 3. Nicholas Cano JFK $ 39.71 * 11-000-218-104-000-032 4. Billie Liquori LAF $ 43.29 * 11-000-218-104-000-032 5. Lauren Reszka PACK $ 50.50 * 11-000-218-104-000-032 6. Karen Olaya PL $ 67.57 * 11-000-218-104-000-032 7. Francesca Russo RC $ 65.14 * 11-000-218-104-000-032 8. Simone Edwards RY $ 67.57 * 11-000-218-104-000-032 9. Josephine Ramirez TD $ 55.86 * 11-000-218-104-000-032 Middle School 10. Michele Giarrusso AW $ 60.36 * 11-000-218-104-20-031 11. Donna Santangelo GW $ 67.57 * 11-000-218-104-14-031 12. Laura Kuhn SC $ 65.14 * 11-000-218-104-14-031 High School 13. Donna King WH $ 47.07 * 11-000-218-104-16-031 14. Felicia Miller WV $ 42.29 * 11-000-218-104-15-031
*Rate pending WEA Negotiations Regular Meetj'lHR~Aiu'l'lF' ~POINTMENT OF CERTIFICATED SUBSTITUTES 6/1/17 Page 145 of 226
FIRST NAME LAST NAME AREA TYPE OF CERT
1 Amal Abbassi TEACHER COUNTY 2 Michele Ablaschai TEACHER CEAS 3 Lina Abuhadba TEACHER COUNTY 4 Charles Ahearn TEACHER COUNTY 5 Razan Almozayen TEACHER COUNTY 6 Rima Alsabbagh TEACHER COUNTY 7 Lucille Amorosi-Maas TEACHER STANDARD 8 Marian Anderson TEACHER STANDARD 9 Erika Arango TEACHER COUNTY 10 Anthony Arturi TEACHER COUNTY 11 Duria Awari TEACHER COUNTY 12 Catherine Ball TEACHER STANDARD 13 Pamela Barrett TEACHER COUNTY 14 Jansette Barsbay TEACHER COUNTY 15 Dana Bastarova TEACHER COUNTY 16 Eleanor Batesko TEACHER STANDARD 17 Lee Ann Beck NURSE COUNTY 18 Susan Ben-Ami TEACHER COUNTY 19 Kristen Benner TEACHER COUNTY 20 Michele Betz TEACHER COUNTY 21 Lorene Bishop TEACHER STANDARD 22 Nadeen Blake TEACHER STANDARD 23 Christine Brusco TEACHER COUNTY 24 Nicole Buckley TEACHER COUNTY 25 Shanna Burchill TEACHER COUNTY 26 Hania Burhani TEACHER COUNTY 27 Linda Butler Keenan TEACHER STANDARD 28 Vincent Buzzelli TEACHER COUNTY 29 Andrew Buzzelli TEACHER COUNTY 30 Nina Calvin TEACHER COUNTY 31 Peter Cammarata TEACHER CEAS 32 Anthony Campiglia TEACHER COUNTY 33 Marie Caporaso TEACHER COUNTY 34 Nicholas Caporusso TEACHER COUNTY 35 Anthony Carangelo TEACHER CEAS 36 Judith Carapezzi TEACHER STANDARD 37 Jessica Carney TEACHER COUNTY 38 David Cassaday TEACHER STANDARD 39 Jennifer Castoro TEACHER COUNTY 40 Francine Cenicola TEACHER STANDARD 41 Lona Chara-Bita r TEACHER COUNTY 42 Joann Chell NURSE STANDARD 43 Liana Chetnik TEACHER COUNTY 44 Elizabeth Chiappelone TEACHER STANDARD 45 Nishat Chowdhury TEACHER COUNTY Regular Meeting Agenda - June 1, 2017 Page 146 of 226
46 Victoria Cicak TEACHER CEAS 47 Dylan Cohen TEACHER COUNTY 48 Annette Colasurdo TEACHER STANDARD 49 Rita Colella NURSE COUNTY 50 Alexandria Conforth TEACHER COUNTY 51 Kayla Consalvo TEACHER CDUNTY 52 Deborah Cordo NURSE COUNTY 53 Jayne Cori TEACHER STANDARD 54 Mariia Cosmi TEACHER COUNTY SS Maryanne Crowley TEACHER STANDARD 56 Joseph Csencsits TEACHER STANDARD 57 Danielle Csorny TEACHER COUNTY 58 Cesar Cuevas TEACHER COUNTY 59 Erin Cusick TEACHER STANDARD 60 Linda Cyboran TEACHER COUNTY 61 Cynthia Czarnecki TEACHER COUNTY 62 Haya Dabbet TEACHER COUNTY 63 Nareman Daibes TEACHER COUNTY 64 Amanda DeCaito TEACHER STANDARD 65 Michael Del Vecchio TEACHER COUNTY 66 Arti Desai TEACHER COUNTY 67 Phoebe Desantis TEACHER COUNTY 68 Ashley DeYoung TEACHER CEAS 69 Alyssa DiFlora TEACHER COUNTY 70 Suzanne DiNome TEACHER CEAS 71 Kristen DiPaola TEACHER COUNTY 72 Kristen DiPeri TEACHER CEAS 73 Holley Disimino TEACHER COUNTY 74 Margaret Doherty TEACHER/ATHLETIC TR. STANDARD 75 Celena Drewke TEACHER COUNTY 76 Jessica Drimones TEACHER COUNTY 77 Mary Dudek TEACHER STANDARD 78 Jessica Dwyer TEACHER CEAS 79 Alice Eliades TEACHER COUNTY 80 Amany Elwazzan TEACHER COUNTY 81 Karen Enderly TEACHER COUNTY 82 Charles Epstein HOME INSTR STANDARD 83 Leslie Fant TEACHER COUNTY 84 William Fatica TEACHER COUNTY 85 Mary Fernandez TEACHER STANDARD 86 Caroline Fernandez TEACHER CEAS 87 Kathy Fieggen TEACHER STANDARD 88 Allison Fournier TEACHER COUNTY 89 Alan Frederickson TEACHER COUNTY 90 Ira Friedberg TEACHER COUNTY 91 Samantha Ganz TEACHER CEAS 92 Javier Garcia TEACHER STANDARD Regular Meeting Agenda - June 1,2017 Page 147 01226
93 Nadia Garcia TEACHER CEAS 94 Erin Garolis TEACHER COUNTY 95 Ashley Gaunt TEACHER COUNTY 96 Mohamad Ghazoul TEACHER COUNTY 97 Wayne Gillikin TEACHER COUNTY 98 Rosemary Goldberg TEACHER STANDARD 99 Hindi Golden TEACHER COUNTY 100 Stanley Goldman TEACHER COUNTY 101 Laura Gomez NURSE COUNTY 102 Mildred Gomez TEACHER COUNTY 103 Nelson Graham TEACHER STANDARD 104 Marsha Grant-Ford ATHLETIC TRAINER STANDARD 105 Christopher Greco TEACHER COUNTY 106 Robert Greco TEACHER COUNTY 107 Liam Gutch TEACHER COUNTY 108 Samar Habib TEACHER COUNTY 109 Faidim Haghighatjou TEACHER CEAS 110 Jennifer Haschak TEACHER STANDARD 111 Natalia Hataf TEACHER COUNTY 112 Andrea Helms TEACHER COE 113 John Henderson TEACHER COUNTY 114 John Hiras TEACHER STANDARD 115 Donna Hirsch TEACHER STANDARD 116 Debra Hudert TEACHER CEAS 117 Jennifer Hunt TEACHER CEAS 118 Jessica Ihle TEACHER COUNTY 119 Dianna Indelicato TEACHER COUNTY 120 Roy Innocenti TEACHER STANDARD 121 Stepanie Isaacson TEACHER COUNTY 122 Yara Issa TEACHER COUNTY 123 Alia Jaber TEACHER COUNTY 124 Martine Jaffe TEACHER STANDARD 125 Reginald James TEACHER COUNTY 126 Nancy James HOME INSTR STANDARD 127 Brenda Jezierski TEACHER STANDARD 128 Kaitlyn Jimenez TEACHER COUNTY 129 Emma Joseph TEACHER CEAS 130 Lisa Junda TEACHER CEAS 131 Kristen Kaetzel TEACHER COUNTY 132 Roberta Kahn TEACHER STANDARD 133 Heidi Kantor TEACHER STANDARD 134 Amy Karl TEACHER STANDARD 135 Fayzeh Katib TEACHER COUNTY 136 Helena Katsock NURSE COUNTY 137 Sarah Kauffman TEACHER CEAS 138 Nancy Keil ATHLETIC TRAINER STANDARD 139 Ayden Khan TEACHER STANDARD Regular Meeting Agenda - June 1, 2017 Page 148 of 226
140 Amany Khashashina TEACHER COUNTY 141 Dina Kick TEACHER STANDARD 142 Thomas Killeen TEACHER STANDARD 143 Mary Kipnis TEACHER COUNTY 144 Franney Klypka TEACHER COUNTY 145 Marlene Korngold TEACHER COUNTY 146 Traciann Kowalski TEACHER COUNTY 147 Colette Kozlowski TEACHER STANDARD 148 Brittany Kulcsar TEACHER COUNTY 149 Kathleen Lai TEACHER COUNTY 150 Aileen Lange TEACHER STANDARD 151 Karin Lemke TEACHER CEAS 152 Summer Lengyel TEACHER COUNTY 153 Jeremy Levine TEACHER COUNTY 154 Elizabeth Levine TEACHER COUNTY 155 Joy Levitt TEACHER COE 156 Kristy Lim TEACHER COUNTY 157 Blerime Limani TEACHER COUNTY 158 Brittany Linder TEACHER CEAS 159 John Lisella TEACHER CEAS 160 Joy Liston TEACHER COUNTY 161 Clarissa Logothetis TEACHER COUNTY 162 Chelsea Lounsbery TEACHER COUNTY 163 Elaine Lubetkin TEACHER STANDARD 164 Nicole Magda TEACHER COUNTY 165 Imrie Mahmudi TEACHER COUNTY 166 Maryann Mahon TEACHER COUNTY 167 Sarezan Mamrook TEACHER COUNTY 168 Helene Mandara TEACHER CEAS 169 Andrea Manfredonia TEACHER STANDARD 170 Tara Mansouri NURSE COUNTY 171 Michael Manza TEACHER CEAS 172 Linda Marchesini TEACHER STANDARD 173 Marcy Marcus TEACHER STANDARD 174 Marcy Marcus HOME INSTR STANDARD 175 Nicole Margiotta TEACHER COUNTY 176 Rose Margolis TEACHER STANDARD 177 Jadyn Marotta TEACHER COUNTY 178 Daniel Marrone TEACHER COUNTY 179 Jennifer Martins TEACHER COUNTY 180 Stalin Matos TEACHER COE 181 Kelli Matthews TEACHER COUNTY 182 Emily Mattioli TEACHER COUNTY 183 Traci Maturo TEACHER CEAS 184 Carole Mauro TEACHER COUNTY 185 Miriam Mayer TEACHER COUNTY 186 Barbara Mazur TEACHER STANDARD Regular Meeting Agenda - June 1,2017 Page 149 of 226
187 Janice McCullen TEACHER COUNTY 188 Jacqueline McGarrity TEACHER STANDARD 189 Eileen McQuade TEACHER STANDARD 190 Amisha Mehta TEACHER COUNTY 191 Mirdita Merko Hazier TEACHER COUNTY 192 Sanka Metjahic TEACHER COUNTY 193 Susan Meyer HOMEINSTR STANDARD 194 Marina Michael TEACHER COUNTY 195 Hope Miladinovich TEACHER COUNTY 196 Joan Millar TEACHER STANDARD 197 Rafah Moallem TEACHER COUNTY 198 Ann Marie Morris TEACHER CEAS 199 Mary Nakulak TEACHER CEAS 200 Mouna Nasrisheek TEACHER COUNTY 201 Michael Nedilsky TEACHER COUNTY 202 Maria Nigito TEACHER STANDARD 203 Isabelle Nochta TEACHER COUNTY 204 Anthony Occhiuzzi TEACHER COE 205 Danielle Oliveri TEACHER STANDARD 206 Sheila Orenstein TEACHER STANDARD 207 Susie O'Sullivan TEACHER COUNTY 208 Melissa Oswald TEACHER COUNTY 209 Matthew Pagliei TEACHER COUNTY 210 Tina Parr NURSE COUNTY 211 Joseph Penn etta TEACHER COUNTY 212 Robert Perris TEACHER STANDARD 213 Jo-Ann Pinheiro TEACHER STANDARD 214 Brenda Portelli TEACHER COUNTY 215 Rachel Portelli TEACHER COUNTY 216 Stefanie Pyper TEACHER STANDARD 217 Carolyn Radler TEACHER COUNTY 218 Lindsay Reddin TEACHER COUNTY 219 Beth Rein TEACHER COUNTY 220 Grace Reiner TEACHER STANDARD 221 Ilene Revitch TEACHER COUNTY 222 Russell Rieger TEACHER STANDARD 223 Asheley Rockwell TEACHER STANDARD 224 Lynda Rogalski TEACHER CEAS 225 Patricia Rosen TEACHER COUNTY 226 Albert Ruffini TEACHER STANDARD 227 Maryann Rugel TEACHER STANDARD 228 Rosalie Sabatino TEACHER COUNTY 229 Osanna Sadih TEACHER COUNTY 230 Varsha Sahni TEACHER COE 231 Linda Saifman TEACHER STANDARD 232 Angi Salama TEACHER COUNTY 233 Kaitlyn Salviano TEACHER COUNTY Regular Meeting Agenda - June 1,2017 Page 150 of 226
234 Linda Sammartino TEACHER COUNTY 235 Nancy Schneeloch TEACHER COUNTY 236 Jeanette Scillieri TEACHER STANDARD 237 Margaret Serek NURSE COUNTY 238 Leslie Server TEACHER STANDARD 239 Alida Setford TEACHER STANDARD 240 Misha Shoblock TEACHER COUNTY 241 Raymond Signore TEACHER COUNTY 242 Lisa Silva NURSE COUNTY 243 Leanore Sparno TEACHER CEAS 244 Aaron Sta!uppi TEACHER CEAS 245 Peter Staluppi TEACHER STANDARD 246 Barbara Stichter TEACHER STANDARD 247 Joanna Sussman TEACHER CEAS 248 Crystal Tedesco TEACHER COUNTY 249 Jacqueline Tengi TEACHER COUNTY 250 Kathleen Thompson TEACHER STANDARD 251 Jennifer Thompson TEACHER CEAS 252 Angiolina Tollis TEACHER CEAS 253 Margaret Torregrossa TEACHER STANDARD 254 Brienne Trignano NURSE COUNTY 255 Rosemary Tumminello TEACHER STANDARD 256 Jennifer Tweer TEACHER STANDARD 257 Laurie Unis TEACHER CEAS 258 Nicole Valorani TEACHER CEAS 259 Clifford Vander Have TEACHER COUNTY 260 Lisa Vanzini TEACHER STANDARD 261 John Vittozzi TEACHER CEAS 262 Dennis Walasek TEACHER COE 263 Fred Weinstein TEACHER STANDARD 264 Joanne Westcott TEACHER STANDARD 265 Daniel Whalen TEACHER COUNTY 266 Brianne Wolman TEACHER STANDARD 267 Emily Wondoloski TEACHER CEAS 268 Kimberlee Yilmaz TEACHER STANDARD 269 Jill Youngworth TEACHER COUNTY 270 Nazik Yousef TEACHER COUNTY 271 Milagros Ysalguez TEACHER COUNTY 272 Michael Zaccone TEACHER COUNTY 273 Gloria Ziegler TEACHER COUNTY 274 Rahaf Zitouna TEACHER COUNTY Regular Mn~lt AVenda - June \,2017 Page 151 of 226 o AL OF AP OINTMENT OF NON-CERTIFIED SDl!STITUTES 6/1/17
FIRST NAME LAST NAME AREA 1 Florije Ademi PARA/SCPA 2 Lisa Albanese OFFICE/SCPA 3 Esperanza Argilagos PARA 4 Michele Betz OFFICE 5 Anjana Bhatt PARA/SCPA 6 Stephanie Bascardin OFFICE/PARA 7 Kelly Breeman PARA 8 Debra Brigida PARA/SCPA 9 Francisco Camacho CUSTODIAN 10 Carlo Capone CUSTODIAN 11 Joann Cavallo OFFICE 12 Judith Celentano SCPA 13 Maryann Csencsits OFFICE 14 Cynthia Czarnecki OFFICE 15 Carol Dabaghian OFFICE 16 Denise Daddurna SCPA 17 Maria Damato PARA 18 Kathryn D'Angelo OFFICE 19 Maria DeGrezia PARA/SCPA 20 Carla Dennerlein OFFICE/SCPA 21 Dawn DiPaola OFFICE 22 Nancy DiZuzio OFFICE 23 Megan Dmuchowski OFFICE 24 Jenith Durango CUSTODIAN 25 Yomna Elbeyali PARA 26 Karen Enderly OFFICE 27 Rosemarie Erriga PARA 28 Richard Estella CUSTODIAN 29 Mareia Gadallah PARA/SCPA 30 Ashley Gaunt OFFICE 31 Deborah Giambatista OFFICE 32 Michelina Giuliano OFFICE/SCPA 33 Hindi Golden OFFICE 34 Nadine Graff OFFICE 35 Jean Greco OFFICE 36 Anne Grossi PARA/SCPA 37 Jean Huntington SCPA 38 Ann Marie Imbriano OFFICE 39 Lisa Isaacson OFFICE/PARA 40 AnnaMarie Jelderks OFFICE/PARA 41 Mazins Karabit CUSTODIAN 42 Julann Ketterer OFFICE 43 Mary Kipnis OFFICE 44 Joan Konarski OFFICE/SCPA 45 Vita Konowich OFFICE 46 Traciann Kowalski SCPA Regular Meeting Agenda ~ June 1, 2017 Page 152 of 226
47 Kathleen Lai OFFICE/SCPA 48 Sabastiano LaRosa CUSTODIAN 49 Christopher Lee CUSTODIAN 50 Cathy Leva SCPA 51 Cynthia Lobue OFFICE 52 Clarissa Logothetis OFFICE 53 Paula Losito OFFICE/SCPA 54 Nicole Magda SCPA 55 Maryann Mahon OFFICE/SCPA 56 Hussam Marza CUSTODIAN 57 Miriam Mayer OFFICE 58 Enza Mennella OFFICE 59 Mirdita Merko Hazir OFFICE 60 Sanka Metjahic OFFICE 61 Andrew Micka CUSTODIAN 62 Ekuran Murati CUSTODIAN 63 Jennifer Nemetz OFFICE 64 Lisa Oelke PARA/SCPA 65 Cheryl Olles OFFICE/PARA 66 Patricia Orozco OFFICE/SCPA 67 Gail Patterson SCPA 68 Tracey Paylo OFFICE/SCPA 69 Anna Pelligra OFFICE/PARA 70 Nurije Qira OFFICE 71 Shalini Rajput OFFICE 72 Lynda Rogalski OFFICE 73 Georgia Sarris PARA 74 Anna Sarris PARA 75 Pooja Shah OFFICE/SCPA 76 Marie Sielski OFFICE/SCPA 77 Chandra Soorian SCPA 78 Mahasen Sousan PARA 79 Joyce Stefanacci OFFICE 80 Fabio Straface CUSTODIAN 81 Donna Suter OFFICE 82 Barbara Vant Zelfden OFFICE 83 Sharon Weiss PARA 84 Nazik Yousef OFFICE 85 Jodi Zaccone 5CPA 86 Rocco Zagra CUSTODIAN Regular Meeting Agenda - June 1, 2017 Page 154 of 226 POLICY GUIDE STUDENTS 5116/page I of3 Education of Homeless Children Feb 17
[See POLICY ALERT Nos. 160,210 and 2111
5116 EDUCATION OF HOMELESS CHILDREN
The Board of Education will admit and enroll homeless children in accordance with Federal and State laws and New Jersey Administrative Code. The Board of Education adopts this Policy to be in compliance with law and administrative code to ensure the enrollment of homeless children in school and to respond to appeals made by parents or other parties related to the enrollment of homeless children.
The Board of Education shall determine that a child is homeless when he or she resides in a publicly or privately operated shelter designed to provide temporary living accommodations, including: hotels or motels; congregate shelters, including domestic violence and runaway shelters; transitional housing; and homes for adolescent mothers. A child is also determined homeless when he or she resides in a public or private place not designated for or ordinarily used as a regular sleeping accommodation, including: cars or other vehicles including mobile homes; tents or other temporary shelters; parks; abandoned buildings; bus or train stations; temporary shelters provided to migrant workers and their children on farm sites; and the residence of relatives or friends where the homeless child resides out of necessity because his or her family lacks a regular or permanent residence of its own. A child is also determined homeless when he or she resides in substandard housing sr allY tem!lsrary IseatisB whereiB ehilareB aBa ),SHtH are awaitiBg fester eare !llaeemeBt.
The school district of residence for a homeless child is responsible for the education of the child and shall assume all responsibilities as required in N.lA.C. 6A:17-2.3. The school district of residence for a homeless child means the school district in which the parent of a homeless child resided prior to becoming homeless.
The school district liaison designated by the Superintendent of Schools for the education of homeless children is the District Coordinator of Compliance. The liaison will facilitate communication and cooperation between the school district of residence and the school district where the homeless child resides and shall assume all responsibilities as outlined in NJ.A.C. 6A:17-2.4(a).
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When a homeless child resides in a school district, the school district liaison shall notifY the liaison of the school district of residence within twenty-four hours of receiving notification from the parent, the Department of Human Services or the Department of Children and Families, a shelter director, an involved agency, or a case manager. Upon notification of the need for enrollment of a homeless child, the liaison in the school district of residence shall coordinate enrollment procedures immediately based upon the best interest of the child pursuant to NJ.A.C. 6A:17-2.5(b).
The Superintendent of the school district of residence or designee shall decide in which school district the homeless child shall be enrolled in accordance with the provisions ofNJ.A.C. 6A:17-2.5.
Unless parental rights have been terminated by a court of competent jurisdiction, the parent retains all rights under N.J.A.C. 6A:17-2.l et seq.
When a dispute occurs regarding the determination of homelessness or the determination of the school district of enrollment made by the school district of residence, the Superintendent(s) or the designee(s) of the involved district(s) or the child's parent(s) shall immediately notifY the Executive County Superintendent of Schools, who, in consultation with the Department of Education's McKinney-Vento Homeless Education Coordinator or designee, shall immediately decide the child's status. If a dispute remains between the parent and the involved school district(s) following the Executive County Superintendent's determination, the parent or the involved district Board(s) of Education may appeal to the Commissioner of Education for determination pursuant to N.lA.C. 6A:3, Controversies and Disputes.
When a school district designated as the school district of residence disputes its designation as the school district of residence, or where no designation can be agreed upon by the involved school districts, the Superintendent(s) or designee(s) of the involved school districts shall immediately notifY the Executive County Superintendent of Schools, who shall immediately make a determination, if possible, but no later than within forty-eight hours.
If the dispute regarding determination of district of residence does not involve the determination of homelessness and/or district enrollment, the school district disputing the Executive County Superintendent's determination may appeal to the Department of Education pursuant to N.J.A.C. 6A:23A-19.2(d), (e), and (f) and
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request a determination from the Division of Administration and Finance. If an appeal of a determination of district of residence also includes an appeal of the determination of homelessness and/or school district of enrollment, the appeal shall be submitted to the Commissioner of Education pursuant to NJ.A.C. 6A:3, Controversies and Disputes.
Any dispute or appeal shall not delay the homeless child's immediate enrollment or continued enrollment in the school district. The homeless child shall be enrolled in the school district in which enrollment or continued enrollment is sought by the parent, pending resolution of the dispute or appeal. Disputes and appeals involving the services provided to a homeless child with a disability shall be made pursuant to NJ.A.C. 6A:14.
Financial responsibility, including the payment of tuition for the homeless child, will be in accordance with N.J.A.C. 6A:17-2.8. The school district of residence shall list the child on its annual Application for State School Aid (ASSA) pursuant to N.J.S.A. 18A:7F-33 until the parent establishes a permanent residence or is deemed domiciled in another jurisdiction pursuant to N.J.S.A. 18A:38-l.d. At that time, the school district of residence shall no longer list the student on its ASSA. The State shall assume fiscal responsibility for the tuition of the child pursuant to N.J.S.A. 18A:7B-12.1 and shall pay the tuition to the school district in which the child is currently enrolled until the parent establishes a permanent residence or is deemed domiciled in another jurisdiction pursuant to NJ.S.A. 18A:38-l.d. under the circumstances outlined in NJ.A.C. 6A: 17-2.8(c).
N.J.S.A. 18A:7B-12; 18A:7B-12.1 N.J.A.C. 6A:17-2.1 et seq.
Adopted: IS October 2009 Revised: I October 20 IS 16 February 2017
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5460 HIGH SCHOOL GRADUATION
The Board of Education will recognize the successful completion of the secondary school instructional program by the award of a State-endorsed diploma certifying the student has met all State and local requirements for high school graduation. The Board will annually certify to the Executive County Superintendent each student who has been awarded a diploma has met the requirements for graduation.
A. High School Graduation Requirements
A graduating student must have earned a minimum of one hundred thirty· five (four-year high school: no fewer than one hundred twenty ereliits) credits in courses designed to meet all of the New Jersey Cere O;rrislollum Centent Student Learning Standards (NJSLS) including, but not limited to, the following credits:
I. At least twenty credits in English language arts literasy aligned to grade nine through twelve standards;
2. At least fifteen credits in mathematics, including Algebra I or the content equivalent ("sentent eqHi'laient" is defined at NJ.A.C. 6A:8 1.3) ineiloleing geometry or the content equivalent and a third year of mathematics that builds on the concepts and skills of algebra and geometry and that prepares students for college and 21 st century careers effective with the 2012-2013 grade nine class;
3. At least fifteen credits in social studies, including satisfaction of N.J.S.A. 18A:35-1 and 18A:35-2; five credits in world history; and the integration of civics, economics, geography, and global content in all course offerings;
4. At least fifteen credits in science, including at least five credits in laboratory biology/life science or the content equivalent one additional laboratory/inquiry-based science course, which shall include chemistry, environmental science, or physics and one additional laboratory/inquiry-based science course effective with 2012-2013 grade nine class; Regular Meeting Agenda - June 1,2017 Page 159 of 226 POLICY GUIDE STUDENTS 5460/Page 2 of 13 High School Graduation Feb 17 M 5. At least three and three-quarters credits in health, safety, and physical education during each year of enrollment, distributed as one hundred fifty minutes per week, as required by N.J.S.A. 18A:35-5, 7, and 8; 6. At least five credits in visual and performing arts; 7. At least ten credits in world languages or student demonstration of proficiency as set forth in N.J.A.C. 6A:8-5.I(a)2ii(2); 8. At least two and one-half credits in financial, economic, business, and entrepreneurial literacy; 9. Technological literacy, consistent with the NJSLS Gere GHrrieHhiffi GeRleRI 8laRaanls, integrated throughout the curriculum; 10. At least five credits in 21 st century life and careers, or career technical education; and II. Electives as determined by the high school program sufficient to total a minimum of 13 5. As defined in N.J.A.C. 6A:8-1.3, "credit" means the award for the equivalent of a class period of instruction which meets for a minimum of forty minutes, one time per week during the school year or as approved through N.lA.C. 6A:8-5.I(a)2. The high school graduation credit requirement may be met in whole or in part through program completion of a range of experiences that enable students to pursue a variety of personalized learning opportunities, as follows: 1. The district shall establish a process to approve individualized student learning opportunities that meet or exceed the NJSLS Gere GHrrieHIHffi GeRteRt 8laRaElfas.
a. Individualized student learning opportunities in all NJSLS Gere GHrrieHIHffi GeRteRt 8taRaaras areas include, but are not limited, to the following: (I) Independent study; (2) Online learning; Regular Meeting Agenda - June 1, 2017 Page 160 01226 POLICY GUIDE STUDENTS 5460/Page 3 of 13 High School Graduation Feb 17 M (3) Work easee j3rograms, illternsl!ij3s, aj3j3relltieesl!ij3s; (3) Study aeFoad jlFogFams;
(3) Student exchange programs; and (4) Structured learning experiences, including, but not limited to, work-based programs, internships, apprenticeships, and service learning experiences. b. Individualized student learning opportunities based upon specific instructional objectives aimed at meeting or exceeding !be NJSLS Core Currieumm Coateat Staaeares shall:
(1) Be based on student interest and career goals as reflected in the Personalized Student Learning Plans; (2) Include demonstration of student competency;
(3) Be certified for completion based on the district process adopted according to 2. below; and (4) Be on file in the school district and subject to review by the Commissioner or designee.
c. Group programs based upon specific instructional objectives aimed at meeting or exceeding the NJSLS Gere CHrrisHmm Coatellt Staaeares shall be permitted and shall be approved in the same manner as other approved courses.
2. The district shall establish a process for granting of credits through successful completion of assessments that verify student achievement in meeting or exceeding the NJSLS Core CHrrisHiHm Coatellt Staaeares at the high school level, including standards achieved by means of the individualized student learning opportunities enumerated as outlined in NJ.A.C. 6A:8-5.1(a)2. Such programs or assessments may occur all or in part prior to a student's high school enrollment; no such locally administered assessments shall preclude or exempt student participation in applicable Statewide assessments at grades three through twelve. Regular Meeting Agenda - June 1,2017 Page 161 of 226 POLICY GUIDE STUDENTS 5460IPage 4 of 13 High School Graduation Feb 17 M a. The district shall choose assessments that are aligned with or exceed the NJSLS Care CHffieHiHIH Caffieffi Standards and may include locally designed assessments.
b. The district shall choose from among the following assessment options to determine if students have achieved the level of language proficiency designated as Novice High as defined by the American Council on the Teaching of Foreign Languages (ACTFL) and recognized as fulfilling the world languages requirement of the NJSLS Care CHffieHiHIH Canteffi Standards:
(1) The Standards-based Measurement of Proficiency (STAMP) online assessment; (2) The ACTFL Oral Proficiency Interview (OPI) or Modified Oral Proficiency Interview (MOPI); or (3) Department of Education approved locally designed competency-based assessments.
3. The district shall establish a process to approve post-secondary learning opportunities that may consist of: Advanced Placement (AP) courses; Concurrent/dual enrollment at accredited higher education institutions.
The Board shall make reasonable efforts to develop articulation agreements with New Jersey colleges and universities to facilitate the delivery of college credit courses to qualified students. The Board shall determine eligibility requirements for these students and monitor the quality of the courses offered and the college faculty who teach the courses.
a. The district shall award credit for successful completion of an approved, accredited college course that assures achievement of knowledge and skills that meets or exceeds the NJSLS Care CHffisHiHIH Caffieffi Standards. Regular Meeting Agenda - June 1, 2017 Page 162 of 226 POLICY GUIDE STUDENTS 5460IPage 5 of 13 High School Graduation Feb 17 M B. Additional Graduation Requirements
I. Attendance requirements as indicated ill Policy and Regulation 5200;
2. Other requirements established by the Board of Education as indicated below: a. Earn a minimum of 135 credits b. Attend a minimum number of sessions in each course as part of the requirement for "satisfactory completion" of both state and school district mandates. c. Demonstrate the achievement of explicit proficiencies in each course required for graduation. 3. Any statutorily mandated requirements for earning a high school diploma; and
4. Any Statewide assessment graduation requirements as determined by the New Jersey Department of Education (NJDOE), and as outlined in C. below.
C. Statewide Assessment Graduation Requirements
1. The requirement that all students demonstrate proficiency in the high school end-of-course Partnership for Assessments of Readiness for College and Careers (P ARCC) assessment in ELA 10 and Algebra I, or through the alternate means set forth at N.J.A.C. 6A:8-S.1(t) through (i); 2. The Board of Education will provide students who have not demonstrated proficiency on the high school end-of-course PARCC assessments in ELA 10 and Algebra I with the opportunity to demonstrate such competence through one of the alternate means set forth below: a. For the graduating classes of 2016, 2017, 2018, and 2019, students who do not take both the ELA 10 and the Algebra I end-of-course PARCC assessments or who take, but do not achieve a passing score on both assessments, as required by N.J.A.C. 6A:8-S.1(a)6, may satisfy the State requirement to demonstrate proficiency Regular Meeting Agenda - June 1,2017 Page 163 of 226 POLICY GUIDE STUDENTS 5460/Page 6 of 13 High School Graduation Feb 17 M in English language arts and mathematics in one of the following ways:
(1) Achieve a passing score, as determined by the Commissioner, on a corresponding substitute competency test in English language arts and/or mathematics, as applicable, or substitute a passing score on another end-of-course P ARCC assessment, including ELA 9, ELA 11, Geometry, or Algebra II; or
(2) Meet the criteria of the portfolio appeals process; and
b. For the graduating class of 2020, students who take all applicable high school end-of-course P ARCC assessments for all courses in which they are enrolled, including those students who received a waiver for ELA 11 pursuant to N.J.A.C. 6A:8-4.1(c)3i, as of September 6, 2016, and thereafter, but do not achieve a passing score on both the ELA 10 and Algebra I end-of-course P ARCC assessments pursuant to N.J.A.C. 6A:8-5.1 (a)6, may satisfy the State requirement to demonstrate proficiency in English language arts and mathematics in one of the following ways:
(1) Achieve a passing score, as determined by the Commissioner, on a corresponding substitute competency test in English language arts and/or mathematics, as applicable, or substitute a passing score on another end-of-course P ARCC assessment, including ELA 9, ELA 11, Geometry, or Algebra II; or
(2) Meet the criteria ofthe portfolio appeals process.
2. Beginning with the graduating class of 2021, students who take all applicable high school end-of-course P ARCC assessments for all courses in which they are enrolled, including those students who received a waiver for ELA 11 pursuant to Regular Meeting Agenda - June 1, 2017 Page 164 of 226 POLICY GUIDE STUDENTS 5460/Page 7 of 13 High School Graduation Feb 17 M N.J.A.C. 6A:8-4.1(c)3i, as of September 6, 2016, and thereafter, but do not achieve a passing score on both the ELA 10 and Algebra I end-of-course P ARCC assessments pursuant to N.J.A.C. 6A:8-5.1(a)6, by the conclusion of their senior year and after multiple opportunities to take the assessments, may satisfy the State requirement to demonstrate proficiency in English language arts and mathematics by meeting the criteria of the portfolio appeals process.
3. In accordance with a NJDOE Memorandum dated January 24, 2017, students in the graduating cohort of 2020 and 2021 who completed an Algebra I course prior to September 6, 2016 and:
a. Took the PARCC Algebra I assessment, but did not pass and are now in an advanced mathematics course (e.g. Geometry or Algebra II); or
b. Did not receive a valid test score, but are now in an advanced mathematics course (e.g. Geometry or Algebra II); or
c. Did not have an opportunity to take the P ARCC Algebra I assessment because the NJDOE did not offer a summer test administration, but are now in advanced mathematics course (e.g. Geometry or Algebra II). Only students in the graduating cohorts of 2020 and 2021 described in the three specific groups above in a. b., and c. are eligible to utilize the following pathways to demonstrate proficiency in mathematics:
(1) Take or retake the PARCC Algebra I assessment and pass; or
(2) Utilize the NJDOE portfolio appeals process, provided they take the P ARCC Geometry assessment and the P ARCC Algebra II assessment (if enrolled in the Algebra II course) and receive valid scores; or Regular Meeting Agenda - June 1, 2017 Page 165 of 226 POLICY GUIDE STUDENTS 5460/Page 8 of 13 High School Graduation Feb 17 M (3) Take and pass the Geometry or Algebra II assessment.
4. AIl English Language Learners (ELLs) shall satisfy the requirements for high school graduation, except ELLs may demonstrate they have attained State minimum levels of proficiency through passage ofthe portfolio appeals process in their native language, when available, and passage of a Department of Education-approved English fluency assessment.
5. Students with disabilities as defined in N.J.A.C. 6A:14-1.3 or eligible under Section 504 of the Rehabilitation Act who participate in the alternative assessment for students with disabilities are not required to participate in repeated administration of high school end-of-course PARCC assessments.
1. The J>lew Jersey Department sf IlEiHeatisn (NJDOIl) is transitisning frsm the High Sehssl PrsHeieney Assessment (HSP!.) ts the Partnership fer the Assessment sf Reaeiness fer Csllege ane Careers (PARCC) Ilne sf Csurse assessments fer stueeflts, inelueing stueents with eisabilities, in the elasses sf 2()16, 2()17, 2()18, ane 2()19. 2. Stueents in the elasses sf2()16, 2()17, 2()18, ane 2()19 will Be able ts eemsnstrate prsHeieneies in Ilnglish Language Arts (IlLA) ane Mathematies reEfuiree By State statute 13)' either meeting the "eat sesre" sn the PARCC assessments sr meetiag the "eut sesre" sa a sUBstitute assessmeflt sr 13)' meeting the eriteria sf the J>UDOIl psrtfelis appeal prseess. 3. A stueeflt with a eisaBility, whsse Inei'fiEiHalillee IlEiHeatisnal Plan (mp) team eetermines the stueent is eJlerapt frem these reEjtliremeats, wsule Be reEjtliree ts aehieve the alternative prsHeieney ia hisker mp.
4. The NIDOIl has ee'felspee "esnesreaflt" eut sesres fer aeeitisnal sUBstitute assessments. Fsr the elasses sf 2()16, 2()17, 2()18, ane 2()19, stueeflts will Be able ts eemsastrate preHeieaey in Bsth IlLA ane Matflematies By meeting sne sf the eriteria uneer Ilnglish Regular Meeting Agenda w June 1, 2017 Page 166 of 226 POLICY GUIDE STUDENTS 5460IPage 9 of 13 High School Graduation Feb 17 M Laaguage Arts aaa Ma#!ematies ia aeesraaaee wi#! #!e eHffeilt l'UDOE Hj3\'lrs'lea "esaesraaat" em sesres fer aaaitisaal SH6stitHte assessmeats.
D. Attendance
Regular attendance is required for the successful completion of a course of study and graduation. Students are expected to be present in every scheduled class except as their attendance is excused in accordance with Board Policy 5200.
E. Students with Disabilities
I. Through the Individualized Education Piau (IEP) process and pursuant to N.J.A.C. 6A:14-4.11 - Graduation, the district may specify alternate requirements for a State-endorsed diploma for individual students with disabilities as defined in N.J.A.C. 6A:14- 1.3.
a. The district shall specifically address any alternate requirements for graduation in a student's IEP, in accordance with N.J.A.C. 6A:14-4.11.
b. The district shall develop and implement procedures for assessing whether a student with a disability has met the specified any alternate requirements for graduation individually determined in an IEP.
2. If a student with a disability attends a school other than that of the school district of residence, which is empowered to grant a diploma, the student shall have the choice of receiving the diploma of the school attended or the diploma of the school district of residence.
a. If the school the student is attending declines to issue a diploma to the student, the district of residence Board of Education shall issue the student a diploma if the student has satisfied all State and local graduation requirements, as specified in the student's IEP. Regular Meeting Agenda - June 1, 2017 Page 167 of 226 POLICY GUIDE STUDENTS 5460/Page 10 of 13 High School Graduation Feb 17 M 3. If the Board of Education grants an elementary school diploma, a student with a disability who fnlfills the requirements of his or her IEP shall qualify for aud receive a diploma.
5+. A student with a disability whose IEP prescribes continued special education programs beyond the fourth year of high school shaH be permitted to participate in commencement ceremonies with his/her graduating class and shall receive a certificate of attendance, provided the student has attended four years of high school. ~. When a student with a disability graduates or exceeds the age of eligibility, the student shall be provided a written summary of his or her academic achievement and functional performance prior to the date of the student's graduation or the conclusion of the school year in which he or she exceeds the age of eligibility. The summary shall include recommendations to assist the child in meeting his or her postsecondary goals. F. High School Diploma 1. The Board of Education shall award a State-endorsed high school diploma to prospective graduates who have met all of the requirements adopted in accordance with State and local Board of Education requirements. 2. The Board of Education shaH not issue a high school diploma to any student not meeting the criteria specified in State and local requirements. a. The district shall provide students eXltmg grade twelve without a diploma the opportunity for continued high school enrollment to age twenty, or until the requirements for a State-endorsed diploma have been met, whichever comes first. Regular Meeting Agenda - June 1, 2017 Page 16801226 POLICY GUIDE STUDENTS 5460/Page 11 of 13 High School Graduation Feb 17 M b. The district shall allow any out-of-school individual to age twenty who has otherwise met all State and local graduation requirements, but has failed to pass high school end-of-course P ARCC assessments to demonstrate proficiency as set forth in N.J.A.C. 6A:8-5.1(t) pursnant to the standards applicable to the student's graduating class. Students in graduating classes prior to 2016 shall demonstrate proficiency as set forth in N.J.A.C. 6A:8-5.1(t)1 meet tae Statewiae assessmeBt graEiHatieB reEf\!iremeBts, te retum te seaeel at seaeEiHlea times fer ilie jluFflese ef meetiBg ilie Statewiae assessmeBt graEiHatieB reEf\!iremeBts. Upon certification of passing the test applicable to the student's class in accordance with N.J.A.C. 6A:8 meetiBg iliese reEf\!iremeBts, a State endorsed diploma shall be granted by the high school of record. 3. The Commissioner of Education shall award a State-issued high school diploma in accordance with the provisions of N.J.A.C. 6A:8-5.2(c) and (d). 4. The Board of Education shall award a State-endorsed high school diploma to any currently enrolled student, regardless of grade level, who: fermally reEf\!estiBg aB early awara ef ilie aijllema iB aeeeraaBee wita tae jlrevisieBs efN.L\.C. sA:8 ii.2(e) aBa Ileara Feliey iiqSii. a. Has demonstrated proficiency in the high school end-of-course PARCC assessments in ELA 10 and Algebra I, or as set forth in N.J.A.C. 6A:8-5.1(t); b. Has presented official transcripts showing at least thirty general education credits leadiug to a degree at au accredited institution of higher education; aud c. Has formally requested such early award of a State endorsed high school diploma. Regular Meeting Agenda - June 1, 2017 Page 169 of 226 POLICY GUIDE STUDENTS 5460/Page 12 of 13 High School Graduation Feb 17 M G. Notification Each student who enters or transfers into the high school and the student's parent(s) will he provided a copy of the school district's requirements for a State-endorsed diploma, and the programs available to assist students in attaining the State-endorsed diploma, in accordance with NJ.S.A. 18A:7C-5. H. Reporting The Superintendent, in accordance with NJ.S.A. l8A:7C-7 and l8A:7E-3, shall report annually to the Board of Education at a public meeting not later than September 30, and to the Commissioner of Education: -the ffilmeer sf smaeHts wclis eSHIfIletea the twelfth graae esurse reEtUiremeHts aHa were aeHiea a aij31sma aHa the ffilmeer sf smaeats whs reeeivea State eHasrsea aijllsmas. 1. The total number of students graduated; 2. The number of students graduated under the substitute competency test process; 3. The number of students graduated under the portfolio appeals process; 4. The number of students receiving State-endorsed high school diplomas as a result of meeting any alternative requirements for graduation as specified in their IEP's; 5. The total number of students denied graduation from the twelfth grade class; and 6. The number of students denied graduation from the twelfth grade class solely because of failure to pass the high school end-of-course P ARCC assessments, substitute competency tests, or portfolio appeals process based on the provisions of N.J.A.C. 6A:8. 1. The Superintendent shall provide to the Executive County Superintendent the district's graduation requirements each year they are evaluated through Regular Meeting Agenda - June 1, 2017 Page 170 of 226 POLICY GUIDE STUDENTS 5460/Page 13 of 13 High School Graduation Feb 17 M the Quality Single Accountability Continuum (QSAC) and update the filed copy each time the graduation policy ana refjliiremeHts are is revised. N.J.S.A. l8A:7C-l et-se Adopted: 15 October 2009 Revised: 18 October 2012 17 September 2015 16 June 2016 1 December 2016 Regular Meeting Agenda - June 1, 2017 Page 172 of 226 POLICY GUIDE STUDENTS 5 465,~age 1 ef 1 Early GraEffiatiel'l Feb 17 M [See POLICY ALERT Nos, 153, 160, 186, 205 and 211] ABOLISHED 5465 EARLY GRADUATIOl'! The Beare ef EEffieatiel'l '.vill aware a State el'leersee eilliema te a stueel'lt that has met all State aBe leeal reEtUiremel'lts fer high seheel graEffiatiel'l. II'l aeeitiel'l, the Beare shall aware a State el'leersee high seheel eilliema te aay eurrel'lti), el'lfellee smeel'lt il'l aeeereal'lee with the Ilrevisiel'ls eHU.A.C. 6A:8 5.2(e). II'l aeeereaaee with the Ilrevisiel'ls ef NJ.A.C. 61.:8 5.2(e), the Beare ef EEffieatiel'l shall aware a State el'leersee high seheel eilliema early te aay eurrel'ltiy el'lfellee smeel'lt whe: 1. Has eemel'lstmtee Ilrefieiel'leies il'l the Statewiee assessmel'lts as requiree ay the New Jersey Dellartmel'lt ef EEffieatiel'l fer high seheel graEffiatiel'l; 2. Has Ilresel'ltee efHeial tral'lserijlts shewil'lg at least thirty gel'leml eeueatiel'l ereeits leaeil'lg te a eegree at al'l aeereeitee il'lstitutiel'l ef higher eEffieatiel'l; aBe J. Has fermall), requestee al'l early aware ef a State el'leersee high seheel eilliema. The eilliema willaear the eate ef its issual'lee. The stueel'lt may ae Ileffl'littee te Ilartieijlate il'l graEffiatiel'l eeremel'lies with hislher elassmates witheut fermal reaemissiel'l te the seheel eistriet el'l allillieatiel'l te aBe ~Ilreval ef the high seheel Pril'leillal. l'!.J.S".\. 18A:7C 1 et seq. N.J.A.C. 6,\:8 5.1 et seq.; 61.:8 5.2 et seq. Aeelltee: 15 Oeteaer 2QQ9 Revisee: 18 Oeteaer 2Q 12 17 Sellteffiber 2Q 15 1 June 2017 @Copyright2017 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suite 1 • Toms River, NJ 08753-8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 17401226 POLICY GUIDE PROPERTY 7523/page I of 4 School District Provided Technology Devices to Ft!pilsStudents Jun 13 [See POLICY ALERT No. 199] 7523 SCHOOL DISTRICT PROVIDED TECHNOLOGY DEVICES TO PUPILS STUDENTS The Board of Education may provide technology devices to ~ student in the district for school district authorized use only. The purpose of this Policy is to establish general guidelines for the issuance and utilization of any school district technology device provided to fHlflils student of this district. For the purposes of this Policy, "technology device" or "device" shall include, but not be limited to, portable devices such as computers, laptops, tablets, cellular telephones, or any other computing or electronic devices the school district provides to ~ student to be used as part of their educational program. 1\ teellflology aeviee maae availaele to flHflils will Bot ee eOBsiaerea a telctBooic or sHflflly, as aefiBea in ]>1.].S.1\. 181\:34 1, maBaatory to a sHeeessful eOlBjlletioB of the elassroom eHrrieHmm. Therefare, eeeaHse a teehBology aeviee aefiBea iB this Polie)' is Bot maBaatory to a sHeeessful eomflletioB of a flHflil's elassroom eHrrieHlHm, a flHflii will Bot ee reEjHirea to oetaiB a teehBology aeviee flroviaeaey the sehool aistriet as aefiBea iB this Poliey. In the event the school district provides a technology device that is deemed mandatory to a successful completion of the classroom curriculum, the district will provide ~ student with such a technology device consistent with its textbook or supply policies as defined in N.J.S.A. 18A: 34-1. ]>lothiBg iB this Polie)' flrohieits a flHflil from HsiBg their flersoBal teehBolog), aeviee iB aeeoraaBee with sehool rules aBa regHlatioBS. A technology device provided by the school district may include pre-loaded software. A I*Iflil student is prevented from aovmloaaiBg aaaitioBal software OBtO the teehBolog), ae'riee or tampering with software installed on the technology device. GHIy Sschool district authorized staff members may load or download software onto a school district provided technology device. To receive a school district provided technology device, the parent and pupil must sign a Sehool Distriet Proviaea Teelmolog), Deviee Student Chromebook Device & Use Fee Acceptance/Waiver Form requiring the parent and the I*Iflil student to comply with certain provisions. These provisions may include, but are not limited to: © Copyright 2013 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suite 1 • Toms River, NJ 08753 - 8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 175 01226 POLICY GUIDE I. A school district provided technology device must be used only by the f*i!lli student for school district authorized use; PROPERTY 7523/page 2 of 4 School District Provided Technology Devices to ~Students 2. A f*i!lli student shaH comply with the school district's acceptable use of technology policies, which shaH be attached to the Seaeel Distriet Pre'liaea Teeooelegy Deviee Ferm Student Chromebook Device & Use Fee AcceptancelWaiver Form, in their use of any school district provided technology device; 3. Any school district provided technology device loaned to a f*i!lli student must be returned to the school district in the condition it was initiaHy provided to the f*i!lli student considering reasonable use and care by the f*i!lli student; 4. The parent or jHIflil student shaH be responsible to reimburse the school district the cost of any technology device that is lost, damaged beyond reasonable use or beyond its value, abandoned, missing, stolen, or cannot be returned to the district in accordance with the terms of the Seaeel Distriet Pre'liaea TeeaRelegy Deviee Farm Student Chromebook Device & Use Fee AcceptancelWaiver Form; 5. The district fRay reqHife, ef efref as aR eiltieR will offer, depending on the type of technology device provided to the f*i!lli student, an insurance policy to be purchased by the parent or f*i!lli student that would cover certain losses or damage to a technology device during the time period the f*i!lli student has possession of the device. The parent or the f*i!lli student shaH pay any insurance policy required deductibles in the event of a loss; 6. In the event the school district does not require the purchase of an insurance policy for a technology device or the parent or f*i!lli student elects not to purchase optional insurance, the parent and/or f*i!lli student shaH be responsible for any loss or damage to the technology device in accordance with the terms of the Seaeel Distriet Pfeviaea TeeMelegy Deviee Ferm Student Chromebook Device & Use Fee AcceptancelWaiver Form,; @ Copyright 2013 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suite 1 • Toms River, NJ 08753 - 8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 176 of 226 POLICY GUIDE 7. A f*!Pil student will be required to report any hardware or software problems in the operation of the device to the school district staff member, designated on the Sehss! Dis!riet PfsviEieEi TeeAAs!sgy Deviee FSffil Student Chromebook Device & Use Fee AcceptanceiWaiver Form, within two school days of the commencement of the problem; 8. A f*!Pil student will be required to report any hardward or software problems in the operation of the device to the school district staff, must fej3sft ts the sehss! Eiistriet staff memeer designated on the Sehss! Dis!riet PfsviEieEi Teeftns!sgy Deviee Ferm Student Chromebook Device & Use Fee AcceptanceiWaiver Form within two school days of the commencement of the problem; iR the eveRt the teeftns!sgy Eieviee has beeR EiamageEi Sf is missiRg; 9. A student must report to the school district staff member designated on the Student Chromebook Device & Use Fee AcceptanceiWaiver Form within two school days in the event the technology device has been damaged or missing; PROPERTY 7S23/page 3 of 4 School District Provided Technology Devices to f*!Pil students 10. A parent or f*!Pil student is required to immediately file a police report in the event it is believed the technology device has been stolen. Within one school day after filing a police report, a parent or pupil shall complete the School District Provided Technology Device Loss Form and submit the completed Loss Form and a copy of the police report to the Principal or designee; II. A f*!Pil student shall be required to provide routine cleaning and care of the device in accordance with school district cleaning and care guidelines; 12. The f*!Pil student shall have the technology device m their possession in school as required; and 13. Any other provisions the Superintendent of Schools determines should be included on the School District Provided Technology Device Form. @ Copyright 2013 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suile 1 • Toms River, NJ 08753 - 8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 177 of 226 POLICY GUIDE 13. Other 14. Oilier 15. Other The school district will provide the I*lI*1 student and parent with written or electronic notification that the technology device provided by the school district may record or collect information on the I*lI*1 student's activity or the I*lI*1 student's use of the technology device if the device is equipped with a camera, global positioning system, or other feature capable of recording or collecting information on the I*lI*1 student's activity or use of the device. This notification shall also include a statement that the school district shall not use any of the capabilities in a manner that would violate the privacy rights of the I*lI*1 student or any individual residing with the I*lI*1 student. The parent shall be required to acknowledge receipt ofthis notification and the parent acknowledgement shall be retained by the Principal or designee for as long as the I*lI*1 student retains the use of the school district provided technology device. The parent PROPERTY 7523/page 4 of 4 School District Provided Technology Devices to I*lI*1 students acknowledgement and a signed School District Provided Technology Device Form shall be required before the issuance of a technology device to a I*lI*1 student. In accordance with the provisions of P.L. 2013, Chapter 44, a school district failing to provide this notification shall be subject to a fine of $250 per I*lI*1 student, per incident. The fine shall be remitted to the New Jersey Department of Education, and shall be deposited in a fund that shall be used to provide laptop or other portable computer equipment to at-risk I*lI*1 student s as defined in N.J.S.A. l8A:7F-45. Pupils shall comply with all school district policies for the use of a school district provided technology device. A I*lI*1 student shall be subject to consequences in the event the I*lI*1 student violates any school district policy, including the district's acceptable use policies; I*lI*1 student code of conduct; any provision of this Policy; or any provision of the School District Provided Technology Device Form. NJ.S.A. 18A:34-1 © Copyright 2013 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suite 1 • Toms River, NJ 08753 - 8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 178 of 226 POLICY GUIDE P.L. 2013, Chapter 44 - "The Anti-Big Brother Act" Adopted: © Copyright 2013 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suite 1 • Toms River, NJ 08753 - 8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 180 of 226 POLICY GUIDE OPERATIONS 8350/page 1 of 1 Records Retention Feb 17 [See POLICY ALERT No. 211] 8350 RECORDS RETENTION The New Jersey Department of the Treasury - Records Management Services places all public records on Records Retention Schedules that list the minimum legal and fiscal time periods public records must be retained by State and local governmental and educational agencies. Records Management Services determines these retention periods in conformance with State and Federal codes, regulations, and statutes of limitation. Final approval of the schedules comes from the State Records Committee, which is comprised of representatives of the Attorney General, State Treasurer, State Auditor, Director of Local Government Services, and the director of the division. Part and parcel to a good records management program is the timely destruction of records once their retention period has expired. This pertains to the destruction of paper records as well as those that are microfilmed, have been imaged, or are electronic. Unique records disposal request (such as the disposal of fire damaged records which have not yet outlived their retention period) require specific authorization from the State Records Committee. As per the Destruction of Public Records Act of 1953 (P.L. 1953, c. 410), the Board of Education must receive prior written authorization from Records Management Services to dispose of their public records regardless of the medium in which the information is maintained. Authorization to dispose public records shall be submitted electronically by the school district custodian of such records to Records Management Services. Records must be retained in accordance with the Records Retention Schedules and shall not be disposed until approval for such disposal is obtained from Records Management Services. Adopted: © Copyright 2017 • Strauss Esmay Associates, LLP • 1886 Hinds Road • Suite 1 • Toms River, NJ 08753 - 8199 • 732-255-1500 Regular Meeting Agenda - June 1, 2017 Page 208 of 226 ADDENDUM WAYNE PUBLIC SCHOOLS AND SODEXO MANAGEMENT, INC. THIS ADDENDUM, is between WAYNE PUBLIC SCHOOLS (hereinafter referred to as "School Food Authority", "SFA" and "board of education") and SODEXO MANAGEMENT, INC. (hereinafter referred to as "Sodexo", "FSMC" and "food service management company"). WIT N E SSE T H: WHEREAS, SFA and Sodexo entered into a certain Management Contract, dated July 1, 2014, ("Contract"), as amended, whereby Sodexo manages and operates SFA's Food Service operation at Wayne, New Jersey; and WHEREAS, the parties now desire to further amend the aforesaid Contract; NOW, THEREFORE, in consideration of the promises herein contained and for other good and valuable consideration, the parties hereto agree as follows: 1. The following terms and conditions shall apply for duration of this Addendum Article I: Federal and State Required Contract Language A. DURATION OF ADDENDUM 1) This addendum begins on July 1. 2017 and ends on June 30.2018. (date) (date) B. MANAGEMENT FEE(S) I GUARANTEES 1) FEES Management Fee. SFA shall pay Sodexo a Management Fee in an amount equal to Three Hundred Thousand Dollars ($300,000.00) payable in ten equal installments of Thirty Thousand Dollars ($30,000.00), September through June for the 2017-2018 contract year. The Management Fee shall be calculated at the end of each Accounting Period during the school year and prorated for any partial Accounting Period. Partial Accounting Period shall be defined as a period of time less than one (1) month. g:\contractlamdlamend#20.schlwayneps_nj.doc (KeG/smb) 5117/17 94520001 1 Regular Meeting Agenda - June 1, 2017 Page 209 of 226 2) GUARANTEE. SFA and Sodexo shall work together to ensure a financially sound operation and shall guarantee financial results for the 2017-2018 school year as follows. Surplus Guarantee Sodexo guarantees that SFA shall receive a Surplus of One Hundred Fifty Seven Thousand Three Hundred Eighty-Three Dollars ($157,383.00) for the 2017-2018 school year. If the actual Surplus for the Food Service program falls short of the aforementioned amount, Sodexo shall pay the difference to SFA in an amount not to exceed one hundred percent (100%) of Sodexo's annual Management Fee. Sodexo reserves the right to recover any such reimbursement made during the current contract year from that year's Surplus on a monthly basis. 3) ASSUMPTIONS. Financial terms of the Addendum are based upon the following assumptions. If there is a change in conditions, including, without limitation, changes to the following assumptions, the parties agree to enter into negotiations concerning the impact of such changes, and the financial terms of the Addendum, including any guarantee, shall be adjusted accordingly. A) Changes in SFA's policies, practices, and service requirements, including but not limited to, changes In bell schedules, meal service periods or proposed staffing, will result in an appropriate adjustment. 8) Changes in legislation, regulatjons, reimbursement rates, meal components and quantities required by the National School Lunch Act, the National School Lunch Program or changes in the USDA Smart Snack Standards will affect the guarantee. C) Cash anellor food assistance levels from State and Federal Agency do not decline below the previous years levels. D) Usable Donated Foods, of adequate quality and variety required for FSMC's proposed menu cycle for the current contract year, valued at no less than the per Pattern Meal value for the previous year. E) The financial arrangement will be adjusted to reflect additional costs incurred by Sodexo (i) in connection with the implementation of legislation or other legal reqUirements, including, but not limited to, the implementation of the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010, which comprise the health care reform of 2010, or other health care rules and regulations, or any modifications thereto or (iI) increases in benefit costs paid by Sodexo on behalf of covered employees. The adjustment to the financial arrangement will be effective from the date the events of (i) anellor (ii) occur. F) The state or federal minimum wage rate and taxes in effect as of July 1, 2017, shall remain consistent throughout the year. G) Average daily attendance ("ada") and the number of free and reduced price participants shall remain at the same levels as the previous year. H) There shall be no competitive sales during all service hours. I) Vendor prices shall remain constant throughout the year. J) Due to the volatile nature of raw material costs, Sodexo and SFA shall review quarterly, costs associated with paper and plastic supplies and fuel g:lconlrac!\amdlamend#20.schlwayneps_nj.doc (KCG/5mb) 511711 7 94520001 2 Regular Meeting Agenda - June 1, 2017 Page 210 of 226 surcharges on other deliveries. Any significant and substantiated changes in Sodexo's costs may result in a mutually agreed upon change in the guarantee reflecting any additional costs. K) The number of participating health insurance participants does not exceed the level of participation in the previous school year. L) Special Functions Sales shall remain at or exceed the levels of the previous year. M) FSMC's guarantee is based on revenue amounts and service requirements set forth in the projected budget and should a shortfall in revenue occur the guarantee shall be adjusted accordingly. N) Ala Carte sales shall be permitted at all locations for the term of the renewal. 0) Sodexo shall commence all vending operations and ala carte and snack programs on the first day of the school year and shall continue said operations until the last day of the school year. P) Interruption of Service: There shall be no reduction in number of full feeding days (lunch and breakfast) and average daily attendance as a result of inclement weather, delayed opening, early dismissals resulting in lost full days. 0) The projected number of full feeding days shall remain at: Lunch Elementary 180 Middle 180 High School 170 R) The projected number of full feeding days shall remain at: Breakfast Elementary 180 Middle 180 High School 170 S) The selling prices to students will be no less than those set forth in the table below: Elementary Middle High Breakfast: Paid: $1.50 $1.55 Reduced: $ .30 $ .30 Lunch: Paid: $2.55 $2.75 $3.25 Reduced: $ .40 $ .40 $ .40 g:lcontractlamdlamend#20.schlwayneps_nJ.doc (KeG/smb) 5117/17 94520001 3 Regular Meeting Agenda - June 1, 2017 Page 211 of 226 T) In the event of an increase in wages or fringe benefits payable to Sodexo's employees as a result of unionization, the guarantee shall from the date of increase in wages or fringe benefits be adjusted by the actual increase in wage rates and fringe benefits. U) Total number of school sites qualified for severe need reimbursement shall not decrease during the term of this agreement. V) If SFA has requested periodic health examinations including the Mantoux Test. All costs associated with such tests will be the responsibility of the SFA and the guarantee shall be adjusted. W) The SFA shall not inhibit Sodexo from being able to serve hot breakfasts. X) Any additional breakfast expenses and additional labor hours over budget will be taken off guarantee. C. REVISED PARAGRAPH 6 UNDER FOOD SERVICE OPERATION 6) The FSMC shall comply with the nutrition standards for competitive foods in 7 CFR §§ 210.11 and 220.12, as amended, and the competitive food policy established by the State Agency and set forth in N.J.A.C. 2:36-1.11. [7 CFR 210.11]. D. REVISED PARAGRAPH 4 UNDER USDA DONATED FOODS 4) In crediting the SFA for the value of USDA donated foods, the FSMC shall use the market value of donated foods as identified on the Monthly Warehouse Market Value Report from the New Jersey Department of Agriculture Food Distribution Program (the "Distributing Agency"). In crediting for the value of donated foods contained in processed end products, the FSMC shall use the annual pass thru value listed on the processor's approved SEPDS (State End Product Data Schedule) for the appropriate school year. [7 CFR 250.53(a) (3)]. E. REVISED TITLE AND PARAGRAPHS 1 AND 2 UNDER ENVIRONMENTAL PROTECTION I ENERGY CONSERVATION ENVIRONMENTAL PROTECTION I ENERGY CONSERVATION I CLEAN AIR I FEDERAL WATER POLLUTION CONTROL 1) The FSMC agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 2) The FSMC shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy POlicy and Conservation Act. (42 U.S.C. 6201). F. NEW SECTION-PROCUREMENT PROCUREMENT All procurement of food, supplies, goods, and other services must comply with the cost principles in 2 CFR 400, the procurement standards prescribed in the Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, and Other Non-Profit Organizations located at 2 CFR 200.317- 200.326, and all applicable regulations found in 7 CFR Parts 210, 220, 245 and 250. g:lcontract\amd\amendtl20.schlwayneps-"].doc (KCG/5mb) 5117117 94520001 4 Regular Meeting Agenda - June 1,2017 Page 212 of 226 NOTE: References to 7 CFR 3016 and 7 CFR 3019 throughout the contract have been removed and replaced by the applicable sections in 2 CFR 200. G. REVISED PARAGRAPHS 2 AND 3 UNDER RECORDS 2) The FSMC shall grant the SFA, the New Jersey Department of Education, the New Jersey Department of Agriculture, the United States Department of Agriculture, the Inspectors General, the Comptroller General of the United States and its State counterparts, or any of their duly authorized representatives, access to any books, documents, papers and other records of the FSMC which are directly pertinent to this contract, for the purpose of making audit, exam ination, excerpts and transcripts; and shall provide timely and reasonable access to FSMC personnel for the purpose of interview and discussion related to such documents. [2 CFR 200.336]. 3) The FSMC shall retain all records required or necessary under this contract for a period of three years from the date of final payment hereunder; except that in the event of litigation, claims, or audit findings, the records must be retained until all litigation, claims and audit findings involving the records have been resolved and final action taken. The FSMC will adhere to all additional exceptions, if applicable, as required by State and Federal law. [7 CFR 210.23(c) and 2 CFR 200.333]. H. NEW SECTION-NON-DISCRIMINATION STATEMENT This institution (SF A) is an equal opportunity provider. In accordance with Federal civil rights law and USDA civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaintfilingcust.html. and at any USDA Office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250- 9410; (2) fax: (202) 690-7442: or (3) email: [email protected]. Except as otherwise specifically set forth and expressly modified in this Addendum, all other terms and conditions of the Contract shall remain the same and continue to be in full force and effect and are ratified and affirmed by the parties. In the event of a conflict between the provisions of the Contract and this Addendum, the provisions of this Addendum shall be g:\contractlamd\amend#20.schlwayneps_nj.doc (KCG/smb) 5117117 94520001 5 Regular Meeting Agenda· June 1, 2017 Page 213 of 226 controlling as to the matters set forth herein. The Parties agree that upon the effective date of this Addendum, it shall become a binding and integral part of the Contract. Article II: Additional Addendum Language A. Section 8.9 is hereby amended to reflect a change of address for the first addressee under notices to Sodexo as follows: "To Sodexo: Sodexo Management, Inc. Attention: Stephen J. Dunmore CEO North America, Schools 3020 Woodcreek Drive, Suite B Downers Grove, Illinois 60515" This Addendum is effective July 1, 2017, and thereafter, unless amended. All other terms and conditions contained in the Contract shall remain unchanged and in full force and effect, except by necessary implication. IN WITNESS WHEREOF, the duly authorized officers of the parties have executed this Amendment, as of the respective dates written below. WAYNE PUBLIC SCHOOLS By: Name (printed): Title: Date: SODEXO MANAGEMENT, INC. By: Name (printed): John E. White Title: Vice President Date: g:lcontract\amd\amend#20.schlwayneps...nj.doc (KCG/smb) 5117/17 94520001 6 Regular Meeting Agenda - June 1, 2017 Page 215 of 226 Proposed Price Increase for Wayne Public Schools Foodservlces 2017-18 Price New_ I ,Lunch 2.50 2. , Brkt. 1.50 ~I ~ 1.00 , Brk!. .55 .601 15 1Luncn .75 ( 15 , Deli @ ~.5C ( 15 1M I . Mid & Elem 3.45 3.50 0.115 !Adult Brkt.- Mid & Elem 2.05 I Grain 1Bread 1.501 ~~ HIgh· 1.00 1.00 Meal Jeals with i Drink 34n 3.5C 1.051 3--?0 3.25 1.05 ~~e::i~S 1.50 1.55 1.05 I Slicks (5) ~.60 1C 12z. 10 ~ 1.05 loup Bz. 12z_8.16z. Ivari ~ 1.10 1.00 IppleT 1. '5 1.85 0.10 'ree .15 1.21 .75 ~.81 ~I 1.651 .71 1.05 fater Tot Side 1.65 1.70 Deli sand. 1.20 1.25 'Wrap & Deli 1.60 .7C ::m .401 1.45 1.05 IBig Grab Chips Ass!' 1.251 1.301 1.05 Onion Rings siae .101 mall . Salad ~.351 I:~ iood . Ice Cream ~l 1.051 resh Fruit Cup 1.50 1.051 _arge 1Bun 1.90 1.051 ~buraer Hit 1.051 ,¥st 1.80 1.05 1.601 ~akes i Krispie Treat 0.95~ 1.00 0.05 Regular Meeting Agenda - June 1, 2017 Page 223 of 226 AsSET CONTROL SOLUTIONS Agreement This Agreement is made effective as of May 23, 2017, by and between Wayne Township School District Wayne, NJ and Asset Control Solutions, Inc. Schaumburg, IL United States In this Agreement, the Wayne Township School District who is contracting to receive services shall be referred to as "WTSDNJ", and Asset Control Solutions, Inc. who will be providing the services shall be referred to as "ACS". ACS has a background in technology, accounting and valuation and is willing to provide services to WTSDNJ based on this background. WTSDNJ desires to have services described in the proposal dated May 23, 2017 provided by ACS. Therefore, the parties agree as follows: 1. DESCRIPTION OF SERVICES. ACS will annually provide the following services (collectively, the "Services"): Assets with ACS provided or approved WTSDNJ tag, will be located. inventoried and reported with location and tag identification by thresholds listed below. An opinion of replacement valuation and the associated capitalization Information of Buildings, Movable Equipment and Site Improvements will be reported In detail above the insurance threshold of $500.00, by tag above the tag value threshold of $500.00 including highly liquid assets, and the GASB34 compliant capitalization Information on assets above the acquisition cost threshold of $2,000.00. 2. PERFORMANCE OF SERVICES. The manner in which the services are to be performed and the specific hours to be worked by ACS shall be determined by ACS and approved In writing by WTSDNJ. WTSDNJ will rely on ACS to work as many hours as may be reasonably necessary to fulfill ACS's obligations under this Agreement. 3. PAYMENT. WTSDNJ will pay a fee to ACS for the services in the amount of $14,900.00 Fourteen Thousand Nina Hundred Dollars and 00/100. This fee shall be payable In a lump sum 100% following receipt of Reports. 4. TERMITERMINATION. Term Is for 1 year. Annual service will renew at $14,900.00 Fourteen Thousand Nine Hundred and 00/100 with constructive written notice by WTSDNJ and Includes free tags. Ongoing self updating by WTSDNJ also available for $650.00 annually plus $.08 per tag. 5. EXPENSE REIMBURSEMENT. ACS shall pay all 'out-of-pockef' expenses, and shall not be entitled to reimbursement from WTSDNJ given no change of schedule initiated by WTSDNJ following written authorization of travel schedule. 6. SUPPORT SERVICES. WTSDNJ will not be required to provide support services, including office space and secretarial services, for the benefit of ACS. 7. NEW PROJECT APPROVAL. ACS and WTSDNJ recognize that ACS's services will Include working on various projects for WTSDNJ. ACS shall obtain the approval of WTSDNJ prior to the commencement of a new project. Wayne Township School District Agreement 1 Inltlat: ___ Oate: ______Regular Meeting Agenda - June 1, 2017 Page 224 of 226 AsSET CONTROL SOLU'nONS Agreement 8. RELATIONSHIP OF PARTIES. It is understood by the parties that ACS Is an independent contractor with respect to WTSDNJ, and ACS Is not an employee nor does ACS have a financial Interest in the WTSDNJ. WTSDNJ will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of ACS. 9. EMPLOYEES. ACS's employees, if any, who perform services for WTSDNJ under this Agreement shall also be bound by the provisions of this Agreement. At the request of WTSDNJ, ACS shall provide adequate evidence that such persons are ACS's employees. 10. INJURIES. ACS acknowledges ACS's obligation to obtain appropriate Insurance coverage for the benefit of ACS (and ACS's employees, if any). ACS waives any rights to recovery from WTSDNJ for any Injuries that ACS (andlor ACS's employees) may sustain while performing services under this Agreement and that are a resu~ of the negligence of ACS or ACS's employees. 11. INTELLECTUAL PROPERTY. The following provisions shall apply with respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intellectual Property"): a. Consultanfs Intellectual Property. ACS personally holds an Interest in the Intellectual Property that is described as software and hardware and which Is not subject to this Agreement. b. Development of Intellectual Property. Any Improvements to Intellectual property, further Inventions, or Improvements, and any new items of Intellectual Property discovered or developed by ACS (or ACS's employees, if any) dUring the term of this Agreement shall be the property of ACS. 12. CONFIDENTIALITY. WTSDNJ and ACS recognizes that both entitles has and will have the following Information: process Information trade secrets technical information copyrights and other proprietary Information (collectively, "Information") which are valuable, special and unique assets of WTSDNJ and ACS and need to be protected from improper disclosure. WTSDNJ and ACS agree that WTSDNJ and ACS will not at any time or in any manner, either directly or Indlrectiy, use any Information for WTSDNJ's or ACS's own benefit, or divulge, disclose, or communicate In any manner any Information to any third party without the prior written consent ofWTSDNJ and ACS. WTSDNJ and ACS will protect the Information and treat it as strictiy confidential. 13. NOTICES. All notices required or permitted under this Agreement shall be In writing and shall be deemed delivered when delivered in person, email receipt returned, or deposited in the United States mail, postage prepaid, addressed as follows: IF for WTSDNJ: Mr. Michael Donow Wayne Township School District Wayne, NJ 07470 Wayne Township School District Agreement 2 Inl1lal: ___ Date: ______Regular Meeting Agenda - June 1, 2017 Page 225 of 226 AsSET CONTROL SOLUTlDNS Agreement IFforACS: Sean R. Rager, President Asset Control Solutions, Inc. 2040 E Algonquin Rd Ste 506 Schaumburg, IL 60173 An Illinois C corporation EIN:74-3163816 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions In any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 15. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and Is signed by both parties. 16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement Is Invalid or unenforceable, but that by limiting such prOVision it would become valid and enforceable, then such provision shail be deemed to be written, construed, and enforced as so limited. 17. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 18. APPLICABLE LAW. This Agreement shall be governed by the laws of Wayne Township School District's home state. Party receiving services: Wayne Township School District Wayne, NJ By: Date: Mr. Michael Donow Acting Business Administrator Party providing services: Asset Control SolUtions, Inc. By: Date: 5/2312017 Sean R. Rager President Wayne Township School District Agreement 3 InHlal: ___ Date: ______Regular Meeting Agenda - June 1, 2017 Page 226 of 226 AssET CONTROL SOwnONS Agreement Wayne Township School District Main Locations Area Location Name Street Address City State A.P. Terhune E.S. 40 Geoffrey Way Wayne NJ James Fallon E.S. 51 Clifford Drive Wayne NJ John F. Kennedy E.S. 1310 Ratzer Road Wayne NJ Lafayette E.S. 100 Laauwe Avenue Wayne NJ Packanack E.S. 190 Oakwood Drive Wayne NJ Pines Lake E.S. 511 Pines Lake Drive Wayne NJ Randall Carter E.S. 531 Alps Road Wayne NJ Ryerson E.S. 30 McClelland Avenue Wayne NJ Theunls Day E.S. 55 Webster Drive Wayne NJ Anthony Wayne M.S. 201 Garside Avenue Wayne NJ George Weshington M.S. 68 Lenox Road Wayne NJ Schuyler-Colfax 1500 Hamburg Turnpike Wayne NJ Wayne Hills H.S. 272 Berdan Avenue Wayne NJ Wayne Valley H.S. 551 Valley Rd. Wayne NJ _____ District Office 50 Nellis Drive Wayne NJ 1,237,000 Total Square Foot Area Wayne Township School District Agreemant4 Initial: ___ Date: ______