Adrian School Board Meeting For May 5, 2014

Regular Meeting
Monday, May 5, 2014

6:00p.m.
A. Call to Order
1. Pledge of Allegiance
2. Approval of Agenda
3. Mission Statement
~ h c c h o o b
Agenda
Adrian High School Cafeteria
785 Riverside Avenue
Adrian, MI 49221
4. Prearranged Audience Participation
5. Good News Report
a.* Tracy Pickle, AMS 5-6 Teacher, will recognize the Sixth Grade Equations
Team from AMS 5-6 who participated in the County-Wide Competition.
b.* Elaine Kaiser, AHS Teacher, will recognize the High School Equations Team
who participated in the County-Wide Competition.
6. Communications
a.* Acknowledgement of Retirement- Cathey Opel, Head Start Program Teacher
b.* Acknowledgement of Retirement - Lynn Turek, Teacher at Prairie Elementary
School
c.* Acknowledgement of Retirement - Maureen Swincicki, Head Start Program
Teacher
B. Recommended Action
1. Consent Agenda
a.* Minutes from April 21, 2014 Special Meeting
b. Minutes of April 21, 2014 Special Meeting Closed Session (TO BE HANDED
OUT)
c.* Minutes from April 21, 2014 Regular Meeting
d. Minutes of April 21, 2014 Regular Meeting Closed Session (TO BE HANDED
OUT)
e.* Minutes from April 23, 2014 Special Meeting
f. Treasurer's Report
g. Personnel Report
2. Business Requiring Board Action
a.* Approval of Custodial Contractor Recommendation
b.* Approval of Architectural Services
c.* Setting of a Special Meeting of the Board of Education for Tuesday, June 17,
2014 for the Purpose of a Board Work/ Study Session
3. Business Requiring Future Board Action
a.* Approve/Disapprove the 2014-2015 LISD Budget
b.* Reappointment of Trustee Michael Ballard to Complete the Board Term he is
Currently Serving (Expiring December 31, 2014)
c.* Early Head Start Days of Service Waiver Approval
d.* Head Start Organizational Chart Approval
e.* Head Start Community Assessment Approval
f.* Head Start Self-Assessment Report Approval
C. Reports from Superintendent and Staff
D. Future Meetings and Business
1. Board Committee Reports
2. Board Member Comments
3. Meeting Dates
a. Monday, May 19, 2014, Regular Meeting, 6:00p.m., Prairie Elementary
School Media Center, 2568 Airport Hwy., Adrian, MI
b. Monday, June 2, 2014, Regular Meeting, 6:00p.m., Adrian High School, 785
Riverside Avenue
c. Monday, June 16, 2014, Regular Meeting, 6:00p.m., Adrian High School, 785
Riverside Avenue
E. Non-arranged Audience Participation
F. Closed Session
Negotiation Strategy with the Adrian Education Association
G. Adjournment
*Denotes Exhibits
The mission of Adrian Public Schools is to provide, in partnership with parents and our community,
quality educational opportunities that challenge students to excel academically and socially to become
contributing citizens.
EXECUTIVE SUMMARY
DATE: May 5, 2014 CONTACT PERSON: Bob Behnke
PURPOSE
To recognize student(s), employee(s), school groups and organizations for notable
accomplishments or outstanding contributions to Adrian Public Schools.
EXPLANATION:
Tracy Pickle would like to recognize the Adrian Middle School 6th grade Equations Teams for
their participation in the county-wide competition on April 16, 2014. Both teams took first
place in their division.
RECOMMENDATION
It is the recommendation of the Superintendent that the Adrian Board of Education recognize
the AMS 5-6 6th Grade Equations Teams for their accomplishments in the county-wide
competition.
Share your
GOOD NEWS REPORT
Recognition will be given for any student(s), employee(s), school group or organization (students or
parents), program or site that has achieved a notable accomplishment or made an outstanding contribution
to the district.
! Good News Report will be given at Board of Education Meetings. Board Meetings are held on the first and
third Monday of each month.
! Certificates will be given when appropriate.
Adrian Middle School 5/6
School/Site: --------------------------------
Describe the accomplishment to be recognized including ...
Who What When Where
The sixth grade Equations Team from Adrian Middle School 5/6 has had a very successful season. Students met
once a week with their coach, Tracy Pickle, to practice the math skills and strategy necessary for the game. The
students competed in the county tournament at the LISD Tech Center on April16 in two divisions. Division One
team members include Susan Tan, Dominic Fryman, Zack Wright, Ava Hanley and Dorothy Burciaga. They
placed first among all competing teams. Division Two team members include Rachel Bauer, Raina Lohr, Nick
Gillin, Chloe Terada and Hunter Boring. They placed first among all competing teams in their division. Students
proudly represented Adrian at the tournament and were thrilled to be able to bring two first place trophies back to
the school.
C P
Tracy Pickle or Matt Schwartz
ontact erson: --------------------------
Phone: 265-8122
EXECUTIVE SUMMARY
PURPOSE
To recognize student(s), employee(s), school groups and organizations for notable
accomplishments or outstanding contributions to Adrian Public Schools.
EXPLANATION:
Elaine Kaiser would like to recognize the Adrian High School Equations Team for their
participation in the county-wide competition on April 16, 2014. The team took first place in
Division A.
RECOMMENDATION
It is the recommendation of the Superintendent that the Adrian Board of Education recognize
the Adrian High School Equations Team for their accomplishments in the county-wide
competition.
Share your
GOOD NEWS REPORT
Recognition will be given for any student(s), employee(s), school group or organization (students or
parents), program or site that has achieved a notable accomplishment or made an outstanding contribution
to the district.
! Good News Report will be given at Board of Education Meetings. Board Meetings are held on the first and
third Monday of each month.
! Certificates will be given when appropriate.
"chool'!.'SIte Adrian High School
~ . -----------------------------------------------------------------
Describe the accomplishment to be recognized including ...
Who What When Where
The Adrian High School Equations team placed first in Division A at the county wide Equations tournament held at
The Tech Center on April16, 2014. Five high schools from across Lenawee County competed. Equations is a
competitive game using intense strategies and higher level math skills. The team, consisting of Zachary
Aebersold, Edgar Gray, Briana Guyton, Jeremias Lioi , Thomas Ziviski , practiced each week after school and
attended competitions throughout the school year, developing intricate strategies and teaching new members.
Most of the team has participated in Equations for 6 years, and I am honored to have been the coach of these
hard working students.
C P
Elaine Kaiser
ontact erson: --------------------------------------------------
Phone: 517-442-6488
EXECUTIVE SUMMARY
DATE: May 5, 2014 CONTACT PERSON: Alice Chamberlain
PURPOSE
Retirement of Cathey Opel , Head Start Teacher
EXPLANATION:
In accordance with Board Pol icy GCPD, the Superintendent is authorized to
accept employee resignations or retirements on behalf of the Board of Education.
Cathey has submitted her retirement effective June 30, 2014. Cathey's original
date of hire was November, 1995.
RECOMMENDATION:
It is the recommendation of the Director of Human Resources that the Adrian
Board of Education acknowledge the retirement of Cathey Opel effective June
30, 2014.
EXECUTIVE SUMMARY
PURPOSE
Retirement of Lynn Turek, Prairie Elementary Teacher
EXPLANATION:
In accordance with Board Policy GCPD, the Superintendent is authorized to
Lynn has submitted her retirement effective June 30, 2014. Lynn has been with
the district since 1986.
RECOMMENDATION:
Board of Education acknowledge the retirement of Lynn Turek effective June 30,
2014.
EXECUTIVE SUMMARY
PURPOSE
Retirement of Maureen Swincicki , Head Start Teacher
EXPLANATION:
In accordance with Board Policy GCPD, the Superintendent is authorized to
Maureen has submitted her retirement effective December 31 , 2014. Maureen
has been with the district since 1989.
RECOMMENDATION:
Board of Education acknowledge the retirement of Maureen Swincicki effective
December 31 , 2014.
MINUTES OF THE SPECIAL MEETING OF THE ADRIAN BOARD OF
EDUCATION, MONDAY, APRIL 21 , 2014, ALEXANDER ELEMENTARY SCHOOL
MEDIA CENTER, 520 CHERRY STREET, ADRIAN, Ml
The special meeting of the Adrian Board of Education was called to order by MEETING CALLED
President Engle at 5:10p.m. TO ORDER
PRESENT: President Engle, Vice President Sheehan, Trustees, Ballard,
Baucher, Bott, Henagan, McDowell
ABSENT: None
The Pledge of Allegiance was recited.
Moved by Trustee Ballard, supported by Trustee Henagan, that the Adrian Board
of Education approve the agenda. Motion carried by a unanimous vote.
PLEDGE OF
ALLEGIANCE
President Engle recited the district's mission statement as a reminder of the MISSION
purpose and direction of the district. STATEMENT
President Engle called for Non-Arranged Audience Participation with there being NON-ARRANGED
none.
Moved by Trustee Ballard, supported by Vice President Sheehan, that the Adrian
AUDIENCE
PARTICIPATION
Board of Education adjourn to closed session at 5:15 p.m. for the purpose of ADJOURN TO
conducting a student discipline hearing.
ROLL CALL VOTE:
YEAS: President Engle, Vice President Sheehan, Trustees, Baucher, Ballard,
Bott, Henagan and McDowell
NAYS: None
Motion carried by a unanimous vote.
Moved by Vice President Sheehan, supported by Trustee Baucher, that the Adrian
CLOSED SESSION
Board of Education return to regular session at 6:29 p.m. RETURN TO
ROLL CALL VOTE;
Bott, Henagan and McDowell
NAYS: None
Moved by Trustee Bott, supported by Trustee Baucher, that the Adrian Board of
Education approve that the student in Case #1 2013-2014 be removed from the
REGULAR
SESSION
traditional school setting for 180 school days and be placed in a Virtual Learning EXPULSION OF
Program receiving Special Education Support services twice weekly at a STUDENT IN CASE
community location. Motion carried by a unanimous vote. #12013-2014
There being no further business, a motion was made by Trustee Ballard, supported MEETING
by Trustee Bott, that the meeting be adjourned. Motion carried by a unanimous ADJOURNED
vote.
The meeting adjourned at 6:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE ADRIAN BOARD OF
EDUCATION, MONDAY, APRIL 21 , 2014, ALEXANDER ELEMENTARY SCHOOL
MEDIA CENTER, 520 CHERRY STREET, ADRIAN, Ml
The regular meeting of the Adrian Board of Education was called to order by
President Engle at 6:45 p.m.
Baucher, Bott, Henagan, and McDowell
ABSENT: None
President Engle amended the agenda by moving items in A5a prior to A4.
RECITING OF
PLEDGE
APPROVAL OF
Moved by Trustee Bott, supported by Trustee Henagan, that the Adrian Board of AGENDA AS
Education approve the agenda as amended. Motion carried by a unanimous vote. AMENDED
Vice President Sheehan recited the district's mission statement as a reminder of MISSION
the purpose and direction of the district. STATEMENT
Rita Kinnell , AHS Teacher, introduced students from her Leadership Class and GOOD NEWS
gave the board a brief overview of some of the projects the students are working REPORTS
on (Special Olympics and the Lions Club).
Jason Lucius, AHS Teacher, recognized the AHS students who participated in the
Saginaw Valley State University Math Olympics Competition held on March 17
1
h.
Teacher Mike Griffin assisted Mr. Lucius and worked with the level1 students who
participated.
John Roberts, Athletic Director, recognized the winter sports teams for their
accomplishments.
Jeff Petterson, Alexander Principal , gave a report on initiatives at Alexander and
spoke about how IB and the PYP program is being implemented at Alexander. Mr.
Petterson also spoke about Title I services at their building and the Parent
Community Coordinators. Mr. Petterson spoke of the parent survey taken and
how the participation has declined since it is electronic. There has been discussion
of disseminating this survey in several different formats. His parent advisory
committee is discussing next steps relative to the parent survey.
At this time, Jim Philp from the Lenawee Intermediate School District gave a
presentation on the services and funding which the lSD offers to the local districts.
He reviewed the programs both at JC and through the lSD as well as what kinds of
reimbursement the lSD provides to districts. Mr. Philp also touched on the budgets
of the lSD.
Members did have questions regarding the Middle College and if its focus had
changed on the program. Mr. Philp indicated the program would be expanding this
year and that they are being more selective of the students where they hadn't in
the past
PRESENTATION ON
ALEXANDER
INITIATIVES
PRESENTATION BY
LISD
The Board acknowledged communications on the following individuals: resignation COMMUNICATIONS
of Sarah Harwood, Elementary Teacher; Resignation of Ashley Omey, Secondary
Teacher; Retirement of Michele Hood, Student Paraprofessional and Retirement
of Mary Lennon, Head Start Teacher.
Moved by Trustee McDowell, supported by Trustee Henagan, that the Adrian Board APPROVAL OF
of Education approve the consent agenda. Motion carried by a unanimous vote. CONSENT AGENDA
The Consent Agenda contained the following items:
1. Minutes from March 17, 2014 Regular meeting
2. Minutes from April 1, 2014 Special Meeting
3. Minutes from April 1, 2014 Closed Session
4. Treasurer's Report Ending March 31, 2014
APPROVAL OF
Moved by Trustee Bott, supported by Trustee Henagan, that the Adrian Board of HIGH SCHOOL
Education approve the price increase for high school lunches to $2.65. Motion LUNCH PRICE
carried by a unanimous vote. INCREASE
Moved by Trustee McDowell, supported by Trustee Henagan, that the Adrian Board
of Education accept the donation of $3,000 from the Kapnick Family via the Adrian
Schools Educational Foundation and thank them for their continued support of
Adrian Public Schools. Motion carried by a unanimous vote.
Kathy Westfall reviewed the recommendation to contract with Aramark for custodial
services. This would be a three year contract with an option for a two year
extension. The length of the contract is due to the contractor investing in the
purchase of equipment. The base bid included Adrian High School, AMS 5-6, AMS
7-8, Alexander Elementary and Michener Elementary. At the end of the current
school year, APS will have 8 remaining employees that work for the
custodial/maintenance unit. APS employees will be assigned to Lincoln and Prairie
Elementary Schools, the McKinley Education Center and the Race Street Facility.
Nate Parker reviewed the updated district dashboard. He noted an overall increase
in MEAP scores. The one area of concern was 3rd grade reading. Mr. Parker also
reviewed the requirements for being named a reward school in the top 1 0% - a
schools achievement over a 2 year period, school improvement over a 2-3 year
period and achievement gap between the top 30% and bottom 30% from year to
year.
Mr. Parker also reported that the MEAP tests would no longer be given and that
new tests would be given in the spring. He advised the district was signed up to
pilot these tests as early as next week.
Trustee Ballard was concerned that since the district uses thin clients that the
testing would not be able to be completed on these machines.
Superintendent Behnke reported that the drug dogs had been brought into the
school without incident; reminded board members of the board/superintendent
work shop scheduled for Wednesday at 6:00 p.m.; the Non-Homestead millage
renewal would be on the May 6th ballot and that letters had been sent to all absentee
voters and that a postcard was due to be mailed out to all voters; Kindergarten
Registration Nights were being held with the last two being this week; interviews
with architect firms were scheduled for a possible bond issue; and they had a
demonstration on teacher evaluation software which would help with the
maintenance of data related to evaluations.
ACCEPTANCE OF
GIFT
CUSTODIAL
SERVICES
CONTRACT
DISTRICT
DASHBOARD
REPORT
REPORT FROM
SUPERINTENDENT
Trustee Ballard reported for the Curriculum Committee stating they had reviewed COMMITIEE
the Dashboard. REPORT
President Engle thank Mr. Petterson for hosting the meeting and stated he enjoyed
the update on the progress at Alexander.
BOARD MEMBER
COMMENTS
Trustee Henagan commented that it was nice to see a presentation of data that
was user friendly and one that parents could understand as well.
It was asked of Mr. Parker if at a future meeting they could see the next level of
data for 3rd grade reading only and an update on the Waterford Software.
Trustee McDowell reminded everyone that the Adrian Schools Educational
Foundation Night was May 1
51
.
Lisa Wilkie stated the reception was underwritten by First Federal Bank and there
was a raffle for $1 ,000 to Horizon Travel and that was being underwritten by Dusty
Steele. The musical is "Once on this Island".
Trustee Henagan commented that the AHS Talent Show and the IB recital had both
been very good.
President Engle called for Non-Arranged Audience Participation with there being NON-ARRANGED
none.
AUDIENCE
PARTICIPATION
Moved by Trustee Baucher, supported by Trustee Henagan, that the Adrian Board
of Education adjourn to closed session at 8:35 p.m. for the purpose of negotiation
strategy with the Adrian Education Association. ADJOURN TO
CLOSED SESSION
ROLL CALL VOTE:
Batt, Henagan, McDowell
NAYS: None
Moved by Trustee Baucher, supported by Trustee Henagan, the meeting return to
regular session at 9:01 p.m.
ROLL CALL VOTE:
Batt, Henagan, McDowell
NAYS: None
There being no further business, a motion was made by Trustee Ballard, supported
RETURN TO
REGULAR SESSION
by Trustee Baucher, that the meeting be adjourned. Motion carried by a unanimous MEETING
vote. ADJOURNED
The meeting adjourned at 9:02p.m.
MINUTES OF THE SPECIAL MEETING OF THE ADRIAN BOARD OF
EDUCATION, WEDNESDAY, APRIL 23, 2014, ADRIAN HIGH SCHOOL ROOM
B-100, 785 RIVERSIDE AVENUE, ADRIAN, Ml
The special meeting of the Adrian Board of Education was called to order by MEETING CALLED TO
President Engle at 6:00 p.m.
Baucher, Bott, Henagan, McDowell
Trustee Ballard arrived at 6:10p.m. and Trustee Baucher arrived at 6:45p.m.
ABSENT: None
Moved by Vice President Sheehan, supported by Trustee Henagan, that the
Adrian Board of Education approve the agenda. Motion carried by a 5-0 vote.
ORDER
PLEDGE OF
ALLEGIANCE
Superintendent Behnke recited the district's mission statement as a reminder of MISSION
the purpose and direction of the district. STATEMENT
Superintendent Behnke gave a report on his first 40 days in the district so far. He
advised he had taken a Listen and Learn Tour of each building; launched a
Superintendent's Scholarship Program and would personally provide a $500
scholarship to one male and female student; started a Kindergarten Reading
Program and donated 585 books to promote literacy at home as well as reading
Clifford in the classrooms and rode the bus on the first day of school. Mr. Behnke
reported that kindergarten registration nights were currently being held; the Non-
Homestead Millage Renewal would be on the May 6th election ballot and
informational materials had been mailed to all absentee voters and a postcard
went in the mail that day to voters regarding the millage.
Mr. Behnke reported they had conducted interviews with architectural firms for a
possible upcoming bond dedicated to technology, security and facilities. He stated
he had taken a complete tour of the district seeing all of the ins and outs of the
buildings and all of the outdoor facilities as well. Superintendent Behnke spoke
about the need for Strategic Planning during which process they would review the
district's vision and mission statements. The first session is set for June 17th. Mr.
Behnke also spoke about student voice and innovation an example of which is the
student's creation of the AHS media center redesign project. He also reviewed
what the modern classroom should look like.
Superintendent Behnke reviewed his areas of focus which are curriculum,
instruction and assessment (CIA), Consistency - CIA, evaluation, Policies and
Procedures; Enrollment- marketing, retention and attraction; IB- PYP, MYP and
DP; AAAA - academics, arts, athletics and activities. Mr. Behnke also talked
about the current partnerships the district has with the Boys & Girls Club of
Lenawee, Kiwanis, Rotary, the YMCA, Adrian College and the Adrian Schools
Educational Foundation.
REPORT FROM
SUPERINTENDENT
BEHNKE OF FIRST
40 DAYS IN DISTRICT
At this time, Mike Wilmot of the Michigan Leadership Institute conducted a MICHIGAN LEADERSHIP
board/superintendent workshop with the group. The following topics were INSTITUTE
discussed - Peak Performing Leadership Teams, Building Governance Team BOARD/SUPERINTENDENT
Trust, Board Roles and Responsibilities; Ground Rules for the Board, WORKSHOP
Superintendent's Role and Responsibilities, Ground Rules for the Superintendent,
Communication - Board to Superintendent, Communication - Superintendent to
Board, Defining the Parameters, Board Committees and Plan of Entry.
President Engle called for Non-Arranged Audience Participation with there being
none.
NON-ARRANGED
There being no further business, a motion was made by Trustee Bott, supported AUDIENCE
by Trustee Ballard, that the meeting be adjourned. Motion carried by a unanimous PARTICIPATION
vote.
MEETING ADJOURNED
The meeting adjourned at 8:30 p.m.
DATE: May 5, 2014
PURPOSE
EXECUTIVE SUMMARY
CONTACT PERSON: Kathy Westfall
To approve the Custodial Services Contractor and approve the contract pending final attorney review
EXPLANATION:
The contract with Aramark will be for three years, with an option to extend for an additional two years.
This is due to the investment in new equipment that the third party contractor is required to make. The
district has held off on replacing aging equipment over the past several years.
Aramark has provided the attached contract to our attorney. Thrun Law Firm is reviewing the contract.
Kirk Herald from Thrun will provide comments prior to Monday's board meeting. Any recommendations
will be shared with the board at the meeting on Monday.
The recommendation is to approve the contract pending final attorney negotiations. This is expected to
take place over the week of May 5th. In certain circumstances where time is an issue, the board has
approved contracts with this stipulation.
RECOMMENDATION:
It is the recommendation of the Chief Financial Officer that the Adrian Board of Education approve
Aramark as the custodial contractor effective July 1, 2014, and approve the attached contract pending
any final changes by the district's attorney, and authorize the Chief Financial Officer to execute the
contract on the district's behalf.
Adrian Public Schools
DISTRICT CUSTODIAL SERVICES PROPOSAL BASE BID
1. Adrian High School 785 Riverside A venue Day Shift required
2. Adrian Middle Schoo17-8 615 Springbrook Avenue Day Shift Required
3. Adrian Middle School 5-6 340 E. Church Street Day Shift Required
4. Alexander Elementary 520 Cherry Street Day Shift Required
5. Michener Elementary 104 Dawes Street Day Shift Required
COST FOR ONE SCHOOL YEAR
Year One: July 1, 2014- June 30, 2015 $
558.205.00
Year Two: July 1, 2015- June 30, 2016 $
572,160.13
Year Three: July 1, 2016- June 30, 2017 $
586,464.13
Cost for Equipment (Add)* $ 22,375.00
Deduct if Crossroads Discontinues Sunday Service $ 6,094.00
Performance Bond $ 935.00
Standard Hourly Rate for Custodian for Extra Services $
14.22
Overtime Hourly Rate for Custodian for Extra Services $
21.33
*Annual cost for equipment not included in prices above.
Brian Pressler, Authorized Signatory
Printed Name of Owner or Authorized Officer for Contractor
~ f L 3/10/14
Sign'hlfe()f Owner or Authorized Officer for Contractor Date
.k;f;;/ic Schools -52-
MANAGEMENT SERVICES AGREEMENT
This MANAGEMENT SERVICES AGREEMENT (the "Agreement") is entered into this __ day of
April 2014, by and between ADRIAN PUBLIC SCHOOLS ("District"), and ARAMARK
MANAGEMENT SERVICES LIMITED PARTNERSHIP, a Delaware limited partnership
("Aramark"). District and Aramark will be referred to jointly as the "Parties" and individually as a
"Party."
WITNESSETH THAT:
1. Scope of Management Services
District hereby grants to Aramark the exclusive right to provide District with certain
Management Services for District' s facilities (the "Facilities") during the Term (defined below in Section
2). "Management Services" are defined by the scope of work described in the following Exhibits, which
are incorporated by reference herein. The Facilities for which Management Services will be provided are
defined individually for each type of service, and are )jsted in Attachment 1 to each respective Exhibit.
Aramark will provide the Management Services solely in accordance with the Exhibits and in accordance
with the terms and conditions of this Agreement.
Service Exhibit
Custodial B
Aramark shall render the Management Services with the same degree of care normally exercised
by other professional service providers under similar circumstances. Aramark will perform its services
hereunder as an independent contractor, and nothing in this Agreement shall be deemed to make
Aramark, or its employees, a common law employee, agent, partner or fiduciary of, or joint venturer
with, District. Aramark shall at no time be acting as an architect, engineer, indoor air quality expert or
advi sor or other design professional, and shall not be required to carry out duties requiring the services of
a design professional.
District shall be solely responsible for all services required for the ownership and operation of
the Facilities beyond the scope of the Management Services to be provided by Aramark. District shall be
responsible for compliance with all federal , state, and local safety and health laws and regulations with
respect to the Facilities. Aramark shall be responsible for compliance with all federal , state, and local
safety and health laws and regulations with respect to the Management Services.
2. Term; Renewals
The initial term of this Agreement will begin on July 1, 2014 (the "Commencement Date"), and
will continue for a period of three (3) years (the "Initial Term"). Thereafter, this Agreement will renew
upon mutual agreement of the Parties for two (2) consecutive terms of one (1) year each (individually, a
"Renewal Term," and collectively with the Initial Term, the "Term").
3. Operational Matters
(a) Space and Utilities. District will provide Aramark with reasonable office space, storage
296690.7
and locker space, warehouse and distribution space and services at District's Facilities, at no cost to
Aramark, for Aramark's use in providing the Management Services. Such space will include all utilities
(including water, sewer, electricity and telephone service) and access to copiers, fax machines and other
standard office equipment. Such space will be under Aramark's exclusive use, subject to District's
access rights for safety inspection and emergency response. The Aramark Operations Team (defined
below in Section 4(a)) will also be granted access to District's voicemail and intranet systems, at no cost
to Aramark, to facilitate electronic communications and access to information needed to render
Management Services efficiently under this Agreement.
(b) Cooperation. District acknowledges that Aramark will need the active support of
District' s professional, administrative, operations, and other personnel to provide Management Services
under this Agreement, and District agrees to use its best efforts to cooperate with Aramark in that regard.
(c) Start-Up Period. The Parties acknowledge that the Management Services will begin with
a start-up phase to transition to Aramark' s programs, beginning on the Commencement Date (the "Start-
Up Period"). During the Start-Up Period, the Aramark Operations Team will familiarize itself with
particular aspects of the Facilities, operations, applicable equipment, materials, supplies, and other such
matters as the Parties' and Service Employees' transition to the Management Services. Aramark's
activities during the Start-Up Period will include coordinating interviews with the Service Employees
and assessing their skill sets, setting up Aramark' s computer and software programs and measuring
determining the square footage/acreage of the Facilities. District agrees to cooperate with Aramark in its
efforts during the Start-Up Period. Upon termination or expiration of this Agreement, District will
reimburse Aramark for any unamortized start-up costs (for items such as survey, program design, and
program implementation costs), not to exceed Sixty-Three Thousand Six Hundred Fifty-Nine Dollars
($63,659), which Aramark will amortize on a straight line basis over the Initial Term of this Agreement.
(d) Joint Review. The Parties' representatives will meet on a regular basis, at least once per
month, to review and discuss any ongoing operational matters relevant to the Management Services
under this Agreement.
(e) Budgeting. The Parties acknowledge and agree that District has the sole authority to
review, approve and, from time to time, modify District ' s budget for the Management Services; provided
however, that any such review, approval or modification shall not change the financial terms set forth in
this Agreement without Aramark's prior written approval.
The Parties further acknowledge and agree that Aramark' s ability to perform its obligations
hereunder is subject to, and conditioned upon, District' s approval and implementation of budgets for the
Management Services consistent with Aramark' s recommendations.
(t) Purchasing. Aramark shall manage all purchases of products, supplies, equipment and
services utilized in the' Management Services, which purchases shall be made through Aramark' s
purchasing program. In the event Aramark pays for products, supplies, equipment and services which are
District' s responsibility in order to expedite the purchase of such items, all such purchases shall be
accounted for as a direct cost of operations and shall be reimbursed promptly by District. Unless
otherwise expressly stated herein, all such purchases made by Aramark to expedite purchasing shall be
titled in the name of the District (using District's tax identification information) and used solely in the
Management Services.
To the extent that Aramark provides products or supplies to District on a cost-reimbursable basis,
Aramark is entitled to receive and retain all cash discounts and all other discounts, rebates and
2
296690.7
allowances otherwise available to Aramark under its arrangements with distributors and suppliers.
In the event an affiliated company or division of Aramark furnishes products, supplies,
equipment or services necessary to the efficient operation of the Management Services, charges to
District for such products, supplies, equipment or services shall be competitive with the cost of obtaining
such products, supplies, equipment or services from an independent source in the open market.
(g) District's Operational and Financial Information. The Management Services that
Aramark has agreed to provide under this Agreement and the corresponding Aramark Fee were
developed based on operational and financial information provided by District (including but not limited
to labor and supply costs, District ' s employees at the Facilities, and use of the Facilities by District, its
employees, and its students). District represents that such information is current, complete, and accurate,
and acknowledges that Aramark has reasonably relied on it. The Parties anticipate that District will
continue to provide similar information to Aramark from time to time, which will also be current,
complete, and accurate, so that Aramark may reasonably rely on it in providing Management Services. If
such information changes or is inaccurate, then the financial terms and other obligations assumed by
Aramark will be renegotiated and restated to correct such change or inaccuracy on mutually agreeable
terms.
(h) Hazardous Substances; Pre-Existing Conditions. Aramark has no duty to investigate,
detect, prevent, handle, encapsulate, remove, or dispose of, and will have no responsibility to District or
others for any exposure of persons or property to, asbestos, lead, fuel storage tanks or contents, indoor air
pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste substances, mold,
fungi , mildew, pollutants, or contaminants (collectively, the "Hazardous Substances") at District' s
Facilities or their surrounding premises; and such duties have not been included in the Aramark Fee.
District will comply with all applicable federal , state, and local laws and regulations, which have been or
will be enacted during the Term of this Agreement, regarding such Hazardous Substances on the
Facilities' premises. District will inform Aramark of the presence of such Hazardous Substances and
acknowledges that Aramark employees will not be required to work in any location where they could be
exposed to such Hazardous Substances. Aramark has advised District that it does not provide or assume
any responsibility to monitor or remediate Hazardous Substances or any similar conditions, and that all
determinations and corrective actions regarding Hazardous Substances and any similar conditions shall
be made by District or a third party retained by District. In no case will any Aramark employee act in the
capacity of a "Designated Person" (within the meaning of the Asbestos Hazard Emergency Response
Act, "AHERA''), which duties remain solely with District.
Aramark will not be responsible for any conditions that existed in, on, or upon the Facilities or
the District's equipment or systems before the Commencement Date of this Agreement ("Pre-Existing
Conditions"), including, without limitation, environmental impairments, and other conditions.
Notwithstanding the general indemnity provision contained below in Section 6, District will indemnify,
defend and hold Aramark harmless from and against any and all claims, damages, liabilities, costs and
expenses (including reasonable attorneys' fees) that Aramark may incur in connection with any Pre-
Existing Conditions. The Parties acknowledge and agree that Aramark' s responsibilities hereunder are
limited to the scope and substance of Aramark's Management Services, as defined in the Exhibits to this
Agreement.
4. Personnel
(a) Aramark Operations Team. Aramark will provide and pay personnel for the efficient
management of the Management Services (the "Aramark Operations Team"), which Aramark may adjust
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from time to time, as appropriate. The Aramark Operations Team will be led by at least one (I) manager
(the "Aramark Manager"), who will coordinate training and management of the service employees in
those departments managed by Aramark (the "Service Employees"). The Aramark Manager will act as
Aramark's chief representative for Aramark' s day-to-day performance of the Management Services, and
will interact directly with District. If an Aramark Manager should become unacceptable to District's
Chief Executive Officer or such officer' s designated representative, then District ' s Chief Executive
Officer or designated representative may request his or her removal and Aramark will provide a mutually
acceptable replacement within a reasonable time thereafter. While on the Facilities, the Aramark
Operations Team will be subject to the rules and regulations of District, copies of which will be provided
by District to Aramark reasonably in advance.
(b) Service Employees. Aramark will provide and pay all Service Employees Aramark
deems necessary for the efficient provision of the Management Services. The Service Employees will be
subject to the rules and regulations of District while on the Facilities.
(c) Personnel Actions. If Aramark incurs any costs, including legal fees, retroactive costs
and/or wages and damages, as a result of any personnel action taken by District or by Aramark at the
direction of District, which action Aramark would not have taken but for District ' s direction, District
shall reimburse Aramark for such costs.
(d) Restrictions on Hiring Supervisory Employees. "Supervisory Employees," for the
purpose of this Section, is defined as those persons ho performed management or professional services
for the Facilities, directly or indirectly, at any time during the then previous twelve (12) months.
Aramark agrees that no Supervisory Employees of District will be hired by Aramark for the Term of this
Agreement and twelve (12) months thereafter.
District acknowledges that Aramark has invested considerable amounts of time and money in
training its Supervisory Employees in the systems, procedures, methods, forms, reports, formulas,
computer programs, plans, techniques and other valuable information that are proprietary and unique to
Aramark's manner of conducting its business and that Aramark makes such information available to its
Supervisory Employees, its subsidiaries and affiliates, on a confidential basis. Therefore, District agrees
that no Supervisory Employees of Aramark, its subsidiaries or affiliates, will be hired by District for the
Term of this Agreement and twelve (12) months thereafter, and that District will not permit any
Supervisory Employees of Aramark, its subsidiaries or affiliates to provide services for the Facilities
directly or indirectly (through consulting contracts, contracts with third parties that employ or otherwise
retain any Supervisory Employees or otherwise) for the Term of this Agreement and twelve (12) months
thereafter. Additionally, District agrees that if it violates the conditions set forth in this Section, District
will pay to Aramark, and Aramark will accept as liquidated damages and not as a penalty, an amount
equal to two times the annual salary (base and bonus) of the Supervisory Employee(s) retained by
District or allowed to work on the Facilities in violation of this Section.
(e) Equal Opportunity and Affirmative Action Employer. Neither Party shall discriminate
because of race, color, religion, national origin, age, sex, gender, pregnancy, disability, sexual orientation,
gender identity, genetic information, military status, veteran status (specifically status as a disabled
veteran, special disabled veteran, Vietnam Era veteran, recently separated veteran, armed forces service
medal veteran, or other protected veteran) or other classification protected by applicable federal , state or
local law, in the recruitment, selection, training, utilization, promotion, termination, or other employment
related activities concerning employees assigned to duty in the District's Food Service Program. Aramark
affirms that it is an equal opportunity and affirmative action employer and shall comply with all applicable
federal , state and local laws.
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(f) Background Checks. To the extent permitted by law, Aramark shall apply to its
employees and prospective employees assigned to work on District's premises (the "Aramark
Applicants") the minimum standards of employability set forth under Michigan Statute 380.1230, et seq.,
("the Michigan law") relating to background checks of prospective employees, including the prohibition
of employment of individuals with a record of conviction of certain enumerated offenses. In order to
comply with the Michigan law, all Aramark Applicants will be required to submit fingerprints to the
authorities delineated under Michigan law in order for the requisite state and national background checks
to be conducted. The District agrees to provide to Aramark a copy of the background check results upon
receipt of the Aramark Applicant ' s written consent. Consistent with its Drug Free Workplace Act Policy,
Aramark shall also conduct pre-employment drug and alcohol testing to the extent permitted by Michigan
state law. All costs associated with the background checks and the pre-employment screenings shall be
the responsibility of Aramark and/or the Aramark Applicant.
5. Financial Terms
Financial terms of this Agreement are set forth on Exhibit A hereto.
6. Indemnity; Insurance; Limitation of Liability
(a) Indemnity. Each Party will indemnify and hold the other Party, its subsidiaries and
affiliated companies, and their respective directors, officers, partners, members, shareholders and
employees, harmless from any third party liability (including reasonable attorneys' fees and court costs)
by reason of the negligent acts or omissions of the indemnifying Party, its employees or agents. This
Section will not operate to waive either Party's rights under any worker's compensation act, disability
benefits act, or other employee benefits acts, whether in tort, contract, or otherwise. If the damages,
injury, loss or claim is caused by the negligence of both Parties, the apportionment of said damages,
injury, loss or claim shall be shared between both Parties based upon the comparative degree of each
Party' s negligence and each Party shall be responsible for its own defense and its own costs including but
not limited to the cost of defense, attorney' s fees and witnesses ' fees and expenses incident thereto.
In addition the District shall indemnify and hold harmless Aramark, its subsidiaries and affiliated
companies, and their respective directors, officers and employees, against the following:
i. Liability related to, or arising out of, any defective condition or the presence of
Hazardous Substances or Pre-Existing Conditions on the Facilities or the claimed or actual
release or tfueatened release or disposal of Hazardous Substances from or at the Facilities, to the
extent not caused by the willful misconduct or gross negligent acts or omissions of Aramark, its
employees or subcoptractors, including, without limitation, fines, penalties, clean-up costs, or
costs of other environmental remediation measures;
ii . Liability arising from actions by any Service Employee or applicant for a position as a
Service Employee predicated upon any alleged or actual wrongful action or omission by Aramark
in hiring, firing, disciplining, evaluating, promoting, or increasing or decreasing the wages of any
Service Employee, or in modifying the terms or conditions of his or her employment in any way,
or failing to modify the terms or conditions of his or her employment in any way; provided,
however, that the District directed Aramark to take the applicable action and Aramark would not
have taken such action but for the District' s direction. Indemnity pursuant to this subparagraph
shall include, without limitation, claims and losses arising from claims or awards of retroactive
wages, damages, fines and penalties due to the foregoing labor-related actions; and/or
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296690.7
111. District' s failure to comply with all applicable laws, codes, regulations, ordinances or
statutory requirements of any governmental authority having jurisdiction over the Agreement or
the Facilities.
Each Party agrees to provide the other Party with prompt written notice of all losses or claims for
which it will seek indemnity under this Agreement. Each Party agrees not to incur any cost or expense
with respect to any loss or claim for which it seeks indemnity under this Section without the other Party's
prior written approval; provided, however, that the foregoing shall not apply in the event that the other
Party has in writing rejected, denied or otherwise declined the indemnification request with respect to
such loss or claim. Each Party agrees to cooperate fully with the other _.Party in the investigation, defense
and settlement of all such losses and claims.
(b) Insurance. Aramark will provide, or cause to be provided, workers' compensation
insurance as required by law. Additionally, Aramark will carry commercial general liability insurance
(including coverage for products liability, negligent acts, and broad form vendors ' coverage), with limits
of no less than One Million Dollars ($1 ,000,000) combined single limit per occurrence. Aramark will
furnish to District, upon request, a certificate of insurance which states that such coverage is in effect.
Both Parties waive all rights of recovery from each other for property damage or loss of use thereof,
however occurring. The foregoing waiver includes, but is not limited to, waiver of losses covered by
fire, extended coverage, boiler explosion and sprinkler leakage policies, but does not waive personal
injury or death claims.
Any insurance coverage that Aramark provides for District and their respective Board members,
administrators and employees shall only cover liability assumed by Aramark in this Agreement; such
insurance coverage shall not cover liability in connection with or arising out of the wrongful or negligent
acts or omissions of District and their respective Board members, administrators and employees.
(c) Limitation of Liability. Aramark' s liability shall not under any circumstances exceed the
amount of the Aramark Fee. In no event will either Party be liable to the other Party for any loss of
business, business interruption, consequential , special , indirect or punitive damages.
7. Termination; Force Majeure
(a) If at any time during the term of this Agreement either Party considers terminating the
Agreement, such Party shall give the other Party written notice that it is considering such action, which
notice shall se forth with sufficient specificity such Party's reasons for contemplating termination.
During the following thirty (30) day period the Parties shall discuss, in good faith, the Party's reasons for
considering termination in an effort to avoid the need for such action. Following the thirty (30) day
discussion period, the Party considering termination, if not fully satisfied, may elect to terminate the
Agreement by giving the other Party sixty (60) days' written notice of its intention to terminate; provided,
however, neither Party may give notice of its intention to terminate during the first ninety (90) days of
operation under this Agreement.
Notwithstanding any provision in this Agreement to the contrary, Aramark may terminate this Agreement
immediately at any time if District fails to pay Aramark any amounts due Aramark hereunder within the
time period provided in this Agreement for such payment, and such failure continues for a period of ten
(I 0) days following written notice by Aramark to District of such failure.
(b) Force Majeure. If either Party is rendered unable to perform its duties under this
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Agreement, in whole or in part, by reason of any event that is not reasonably under its control (including,
but not limited to, Acts of God, fires, floods, earthquakes, accidents, strikes, riots, national emergencies,
and other such force majeure events), then any duty so impacted will be suspended during such event.
The Party rendered unable to perform due to force majeure must promptly notify the other Party, and
neither Party shall be responsible to the other Party for any losses resulting from such force majeure,
except for payment of monies owed. If either Party' s inability to perform exceeds one hundred twenty
( 120) days, then either Party may terminate this Agreement by written notice, effective upon the other
Party' s receipt of such written notice.
(c) Prepaid Vendor Contracts. Upon termination or expiration of this Agreement, District will
reimburse Aramark for the costs of any prepaid vendor contracts which Aramark has paid, or on which
Aramark has incurred an obligation to pay, for the benefit of District; together with Aramark's ordinary and
necessary expenses incurred through the last day of services which Aramark has not recovered previously.
(d) Purchase of Inventory. At the termination or expiration of this Agreement, District
agrees, if requested by Aramark, to purchase Aramark' s usable inventory of products, supplies and
equipment that have not yet been charged as a direct cost of operation. The purchase price for such
inventory will be Aramark' s invoice cost, and Aramark will submit to District an invoice for such
inventory.
(e) Appropriation of Funds. If sufficient funds are not appropriated for District's proposed
budget for its next fiscal year to enable District to make payments due to Aramark under this Agreement,
and District has no funds available from any other source that can be used for that purpose, then District
will provide Aramark with an opinion letter and supporting documentation from District's attorneys
containing a specific description of the lack of funds, and will allow Aramark to audit District's books
and records on the appropriations, budget, and shortfall. District and Aramark then will review the
Management Services in light of all funds available to District for such services and District's actual
budget for its next fiscal year, to determine a level ofManagement Services that can be performed within
the proportionate level of all available funds . If Aramark does not present such modifications of its
Management Services program, then either Party may terminate this Agreement effective at the end of
District' s then current fiscal year, upon ninety (90) days prior written notice; and District agrees that it
will not contract with another service provider for services in the nature of the Management Services
during the remainder of the then current term if this Agreement is terminated pursuant to this Section.
8. Confidential Information and Proprietary Materials
All financial, statistical, operating and personnel materials and information, including, but not limited to,
technical manuals, plans, policy and procedure manuals and computer programs relative to or utilized in
Aramark' s business or the business of any subsidiary or affiliate of Aramark, shall be the property of
Aramark and shall be confidential. District shall keep such information confidential and shall so instruct its
agents, employees, and independent contractors, and the use of such information by District in any manner
shall not affect Aramark' s ownership or the confidential nature of such information. District shall not
photocopy or otherwise duplicate any such materials without the prior written consent of Aramark.
District agrees that all proprietary computer software, signage, and marketing and promotional literature
and material used by Aramark in providing services pursuant to this Agreement (the "Proprietary
Material") shall remain the property of Aramark, notwithstanding the fact that the District may have been
charged for the use of such materials. Aramark grants District a non-exclusive right to use the
Proprietary Material for the Term of this Agreement. All patents, copyrights, trade secrets and other
proprietary rights in or related to the Proprietary Material are and will remain the exclusive property of
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Aramark, whether or not specifically recognized or perfected. District will not take any action that
jeopardizes Aramark's proprietary rights or acquire any rights in the Proprietary Material. Unless
otherwise agreed, Aramark will own all rights in any copy, modification, adaptation, or derivation of the
Proprietary Material , including any improvement or development thereof. District will obtain, at
Aramark's request, the execution of any instrument that may be appropriate to assign these rights to
Aramark or to perfect these rights in Aramark' s name. Upon the conclusion or other termination of this
Agreement, all use of trademarks, service marks, and logos owned by Aramark or licensed to it by third
parties shall be discontinued by District and District shall immediately return any Proprietary Material to
Aramark.
9. General Provisions
(a) Notice. Any notice under this Agreement must be in writing, and will be effective when
delivered personally, delivered by a national overnight delivery service, or three (3) business days after
being deposited in the United States mail (postage prepaid, registered or certified). All notices will be
addressed to the receiving Party at the following address (or such other address of which that Party has
given proper notice):
If to District:
ADRIAN PUBLIC SCHOOLS
Attn: Kathy Westfall, ChiefFinancial Officer
785 Riverside Ave. , Suite I
Adrian, Michigan 49221
If to Aramark:
ARAMARK MANAGEMENT SERVICES LIMITED PARTNERSHIP
Attn: Vice President and Chief Financial Officer, Aramark Education (K-12)
Aramark Tower
110 1 Market Street
Philadelphia, PA 19107-2988
With a copy to:
ARAMARK MANAGEMENT SERVICES LIMITED PARTNERSHIP
Attn: Vice President and Associate General Counsel , Aramark Education (K-12)
Aramark Tower
110 1 Market Street
Philadelppia, PA 19107-2988
(b) Computer Matters. District acknowledges and agrees that Aramark has no responsibility
for the continued successful operation of any computer hardware, software or equipment under
computerized control (other than computer hardware, software and equipment provided by, or on the behalf
of, Aramark), which malfunctions or ceases to operate as a result of software errors, operator errors,
infection by computer virus, or tampering.
(c) Survival. The sections of this Agreement entitled Start-Up Period; Purchasing, Hazardous
Substances; Pre-Existing Conditions; Restrictions on Hiring Supervisory Employees; Indemnity; Insurance;
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Limitation of Liability; Prepaid Vendor Contracts; Purchase of Inventory; Confidential Information and
Proprietary Materials; and Computer Matters will survive the term and termination of this Agreement.
(d) No Waiver. No waiver will be effective against either Party unless it is in writing and
signed by the waiving Party. A waiver of any particular breach of any term contained in this Agreement
will not operate as a waiver of that term itself, or as a waiver of any subsequent breach thereof. The failure
of Aramark or District to exercise any right or remedy available under this Agreement upon the other
Party' s breach of the terms, representations, covenants or conditions of this Agreement or the failure to
demand the prompt performance of any obligation under this Agreement shall not be deemed a waiver of (i)
such right or remedy; (ii) the requirement of punctual performance; or (iii) any right or remedy in
connection with any subsequent breach or default on the part of the other Party.
(e) Severability. Should any of the provisions of this Agreement be declared or determined
by any Court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms
or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be
deemed not to be a part of this Agreement, unless the illegality or invalidity of the illegal or invalid part,
term or provision causes this Agreement to fail of its essential purpose, in which case, this entire
Agreement shall become invalid and shall be null and void.
(f) Authority. Each Party represents and warrants that it has the requisite authority to enter
into this Agreement and to perform its duties hereunder, that the in_dividual signing below on that Party' s
behalf has all requisite authority and approvals to do so and to bind that Party, and that it has done and will
do all things necessary so that this Agreement will be valid, binding and legally enforceable upon that
respective Party.
(g) Entire Agreement; Amendments. This Agreement has been negotiated and prepared jointly
by the Parties, and will not be construed as having been drafted by any one Party. This Agreement and its
Exhibits contain the final and complete expression of all agreements between the Parties with respect to the
subject matter of this Agreement, and supersede all prior and contemporaneous agreements between the
Parties, whether oral or written. Except as otherwise provided herein, any change, modification or
amendment of this Agreement must be in writing and signed by all Parties.
(h) Counterparts. This Agreement may be executed in multiple counterparts, including,
without limitations, by facsimile and document format, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(i) Assignment. Neither District nor Aramark shall assign this Agreement without the prior
written consent of the other; provided, however, that either Party may assign the Agreement to an
Affiliate without the consent of the other Party. For purposes of this Agreement, "Affiliate" shall mean
an entity which controls, is controlled by or is under common control with the assigning Party or its
ultimate parent entity.
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296690.7
IN WITNESS WHEREOF, the Parties have executed this Management Services Agreement as of the
date shown first above.
ARAMARK MANAGEMENT SERVICES
LIMITED PARTNERSHIP
By its General Partner,
Aramark SMMS LLC
By:
Brian Pressler
Authorized Signatory
ADRIAN PUBLIC SCHOOLS
By:
10
Kathy Westfall
ChiefFinanciaJ Officer
296690.7
EXHIBIT A
FINANCIAL TERMS
A. Aramark Fee: All facilities, equipment and services to be provided by District under this
Agreement shall be provided at District' s expense. During the term of this Agreement, District shall pay
Aramark an annual fee for Aramark' s provision of the Management Services hereunder (the "Aramark
Fee"), which Aramark Fee shall be as follows :
**Fee for Base Bid. If the District decides to include additional locations set forth in the
Alternate Bids 1, 2, 3, 4, and/or 5, the f ee will be adjusted to include the additional costs as setforth in
Aramark 's proposal.
B. Adjustments to Aramark Fee: The Aramark Fee will be adjusted from time to time, as
follows:
(i) Annual Adjustment. Commencing on the July I , 2017 and annually on each
successive July I st thereafter, the Aramark Fee will be increased by an amount equal to the Consumer Price
lndex, U.S. City Average, Allltems For All Urban Consumers, or a comparable index if that index is not
available. Aramark shall be entitled to automatically implement the foregoing increase in the Aramark Fee.
C.
(i) If Aramark' s costs increase due to increases in employee health and welfare
benefits costs (including, withouJ limitation, due to the Patient Protection and Affordable Care Act
and/or the regulations promulgated thereunder), or due to causes beyond Aramark's control, including,
but not limited to, an increase in federal , state or local minimum wage rates, an increase in employer
contributions to social security or payroll taxes (including retroactive changes to such contributions), or
changes in a collective bargaining agreement covering Aramark's or the District's employees, then
Aramark shall give District written notice of such increase, and ten (I 0) business days after such notice,
the Aramark Fee shall be adjusted automatically to reflect the full amount of such increase in costs, such
adjustment to be retroactive to the date of such increase.
D. Invoicing. At the end of each month during the Term, Aramark will submit to District
an invoice for the Aramark Fee and any additional costs incurred in accordance with this Agreement owed
to Aramark for such month.
E. Payment Terms. All invoices submitted by Aramark to District shall be paid within
fifteen (15) days of the invoice date. If any amount due to Aramark under this Agreement is not paid in
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full within fifteen ( 15) days after its invoice date, then the unpaid portion will bear interest, from the
invoice due date until the date paid, at a rate of one and a half percent (1.5%) per month (or, if prohibited
by law, then the maximum rate permitted legally) (the " Interest Rate").
The right of Aramark to charge interest for late payments shall not be construed as a
waiver of Aramark' s right to receive payment promptly, in accordance with the terms of this Agreement.
To protect its payment rights, Aramark, at its option and upon written notice: (i) if and so long as any
payment under this Agreement is past due more than thirty (30) days, may require District to pay the
Aramark Fee two (2) weeks in advance; and (ii) if and so long as any payment under this Agreement is
past due more than sixty (60) days, may require District to sign a note, security agreement, and financing
statement granting a security interest in its accounts receivable and other assets to Aramark. In the event
that Aramark incurs legal fees and costs in enforcing its right to payment and/or any of its other rights
under this Agreement, District agrees that it shall be liable and obligated to reimburse Aramark for those
legal fees and costs.
F. Change in Scope. The Parties agree that the scope of the Management Services and the
corresponding Aramark Fee are based upon factors including but not limited to: the number, size, and
function of the Facilities; use of areas; average monthly occupancy rates, enrollment levels, employment
levels, shifts, traffic volume, etc.; departments managed; equipment; and specific duties and frequencies
described in the Exhibits. Any change in any such factors or in the nature or scope of Management Services
will constitute a change in scope to this Agreement. If District requests an expansion or reduction in the
Management Services provided by Aramark hereunder, the Parties shall negotiate in good faith an
equitable adjustment of the Aramark Fee commensurate with the expansion or reduction of such services.
In addition, the District may request, and Aramark may provide, additional services hereunder on such
terms and conditions as the Parties shall mutually agree in writing. District will be responsible for any
increased operating costs resulting from changes in federal , state or local laws, ordinances, codes or
regulations, or implementation of new laws, ordinances, codes or regulations after the execution of this
Agreement.
Further, in the event that a determination is made by a government authority that any sale,
purchase, payment or use of property made to or by Aramark under this Agreement, either in whole or in
part, is subject to any sales, use, gross receipts, property or any similar tax, which tax was not
contemplated by the Parties at the Commencement Date, the full amount of any such tax liability, together
with any interest paid by Aramark, shall be- invoiced by Aramark and shall be reimbursed by District,
notwithstanding the fact that this Agreement may have expired or been terminated for any reason by either
Party prior the date of such determination.
G. Proprietary Capital Investment. In consideration of District's agreement to award this
Agreement to Aramark, Aramark shall make a capital investment in Space Care Quantum Leap supplies
and materials and a Quality Assurance !Pad for District in an amount up to Twenty-Two Thousand Eight
Hundred Twenty-Four Dollars ($22,824) (collectively, the "Proprietary Capital Investment"). The
Proprietary Capital Investment shall remain the property of Aramark.
H. Equipment Capital Investment. In consideration of District's agreement to award this
Agreement to Aramark, Aramark shall make a capital investment in custodial equipment for District in an
amount up to Seventy-Eight Thousand Eight Hundred Thirty-Four Dollars ($78,834) (the "Equipment
Capital Investment"). The Equipment Capital Investment shall be amortized on a straight-line basis over
five (5) years, commencing upon the date the equipment is placed in service.
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Equipment purchased by Aramark on District's behalf with the Equipment Capital Investment
shall be purchased as a "sale-for resale" to District. District shall hold title to all such equipment (with
the exception of those items which bear the name of Aramark, its logo, or any of its logo, service marks
or trademarks or any logo, service marks or trademarks of a third party) upon such resale. District
acknowledges that it is a tax-exempt entity and will provide Aramark with a copy of the appropriate tax-
exempt certificate.
Upon expiration or termination of this Agreement by either party for any reason whatsoever prior
to the complete amortization of the Equipment Capital Investment, District shall reimburse Aramark for
the total unamortized balance of the Equipment Capital Investment as of the date of expiration or
termination. Ln the event such payments owing to Aramark are not paid to Aramark within ten (I 0) days
of the scheduled payment date, District agrees to pay interest on such amounts at the Interest Rate from
the scheduled payment date until the date paid. The right of Aramark to charge interest for late payment
shall not be construed as a waiver of Aramark's right to receive timely payment.
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EXIDBITB
CUSTODIAL MANAGEMENT SERVICES PROGRAM
SCOPE OF SERVICES
Aramark will provide a Custodial Management Services Program ("Custodial Program") to District as
described in this Exhibit.
I. AREAS SERVED
Attachment CUST-1 contains a list of the Facilities that are included in the Custodial Program.
II. VENDOR CONTRACTS
Aramark will provide coordination and administrative oversight, but not management, of certain vendor
contracts identified in Attachment CUST-2 (the "Managed Vendors"). All Managed Vendors will be
paid directly by District.
III. ARAMARK MANAGER'S RESPONSIBILITIES:
The Aramark Manager will manage the Custodial Program. The Aramark Manager will coordinate the
management and the activities of the Service Employees within the Custodial Department.
The Aramark Manager' s duties will be to:
consult with and make recommendations to District on custodial functions and services;
provide recommendations for staffing levels, implementation of procedures, and utilization of resources
within the Custodial Department;
work with District to develop, implement, and maintain a Custodial Program that will comply with the
Description of Services and Frequencies set forth in this Exhibit;
produce reports related to the operation of the Custodial Department as mutually agreed upon by the
Parties;
develop job descri tions and standards of performance for all positions under Aramark's control;
track employment and training;
conduct in as mutually agreed upon Service Employee performance and progress evaluations; hold team
meetings for Service Employees on training and other relevant activities; and
attend certification, training and awards meetings and seminars as required from time to time.
IV. MATERIALS AND SUPPLIES
Aramark and District shall be responsible for the costs designated to each of them in the following
Cost Responsibility Summary. Unless otherwise indicated, those costs for which Aramark is
responsible, are included in the Aramark Fee.
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296690.7
Cost Responsibility Summary
Supplies, Equipment, Office Space, and Purchasing
Custodial Chemicals: i.e. floor finishes, cleaners, detergents, sanitizers, hand soaps etc.
Walk Off Mats at Building Entranceways
Custodial Supplies: i.e. mops, buckets, gloves, wipes, paper, plastics etc.
Custodial Equipment: i.e. vacuums, floor machines, ladders, etc.
Replacement of Expendable Custodial Equipment
Replacement of Non-Expendable Custodial Equipment /
Interior Pest Control
/ ? ~
Facilities Management Software System
//
Computerized Custodial Quality Assurance System (software and hand held PDA's)
All Safety and Personal Protection Equipment for Contractor's Staff
Snow Removal Equipment:- i.e., snow throwers, shovels, etc.
'
Replacement of Snow Removal Equipment :- i.e., snow throwers, shovels, vehicles, plows
Snow Removal Supplies: i.e. , snow melt, salt, sand, etc.
'
Offices and Warehouse Space
Utilities for Office and Storage of Equipment
Broad Band Internet Access (Will be provided for . Modifications wi ll be the Contractor's
responsibility and must comply with district network standards)
Office Furniture and Equipment
Copy, Fax Machines, Software, Computers and printers for Operations
\.__:;../
Telephone and Telephone Charges Both Local and Long Distance
- ~ - /
"' y
Office Supplies and Postage for Custodial and Ground Operations
Communication Equipment
......
"
.....
~ ..
Labor- Management and Clerical
,.r
Recruitment and Hiring Management and Clerical Employees
Payment of Management and Cleri cal Wages
Payroll Taxes of Management and Clerical Employees
Fringe Benefits and Insurance of Management and Clerical Employees
Preparation and Processing of Manag_ement and Clerical Employees Payroll
Workers' Compensation for Management and Clerical Employees
Criminal Backgrounds Checks (State and Private)
Labor- Hourly
Recruitment and Hiring_ of Hourly Employees
Payment of Hourly Wages
Payroll Taxes of Hourly Employees
Fringe Benefits and Insurance of Hourly Employees
15
ARAMARK District
X
X (hand soap)
X
X (toilet
>
paper, and
X paper towels)
X
~
X (ladders)
X
' ....
V<
X ~
X a
X ~
X
.r
X (shovels) X
X (shovels) X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
296690.7
ARAMARK District
Preparati on and Processing of Hourl y Empl oyees Payroll X
Workers' Compensation for Hourly Employees X
Uniforms and Safety Shoes for Hourl y Employees ( I set of shoes, 5 shirts and 3 oants) X
Criminal Backgrounds Checks_(State and Private) X
Additional Items
Products and Publi c Liabili ty Insurance X X
Travel Costs for Contractor's Staff X
X (Aramark X (District
owned owned
equipment equipment
Labor for the Maintenance of All Equipment and Vehicles and vehicles) and vehicles)
Removal of Trash and Garbage from_inside Buildings ..., X
_,,
Removal of Trash and Garbage from Premises X
Electro- Mechani cal Inventory for Computeri zed Maintenance System (Including
:;;;::
Tagging, Loading Inventory into System and Maintaining Inventory) N/A
")/
V. EQUIPMENT
District shall provide snow removal equipment. District shall be responsible to repair and maintain
its snow removal equipment.
Aramark shall custodial equipment needed for the Custodial Program at no additional cost to the
District. Aramark shall be responsible to repair and maintain the custodial equipment.
If District uses any specialized custodial software at any time during the term of the Custodial
Program, then District, at its own cost, will make such software and appropriate hardware available
for use by A ram ark and the Custodial .Program will incorporate use of that software.
VI. DESCRIPTION OF SERVICES AND FREQUENCIES
The Service Employees will clean the areas as specified in Attachment CUST-3.
The Custodial Program will not include any project work during the school year except set-up and take-
down for regularly scheduled or routine school-sponsored events, or as otherwise mutually agreed upon
by the Parties.
VII. EXTRA SERVICES
The scope of the Custodial Program is limited to the description provided in this Exhibit and its
Attachments, but Aramark may, at District's request, schedule and provide other services, for a mutually
agreeable additional fee. These optional services include:
Machine scrubbing of floors in showers and restrooms.
Machine scrubbing/stripping and refini shing of hallway floors .
Cleaning of laboratory equipment, sink hoods, shelves and countertops.
Cleaning of art room kilns, ovens, countertops and sinks.
Cleaning of music room equipment.
16
296690.7
Cleaning of kitchen equipment and vent hoods.
Gym floor refinishing.
Floor, carpet and furniture repairs .
Cleaning of all machinery and equipment in boiler, fan, and air compressor rooms, and all building
systems' mechanical equipment located anywhere outside such areas.
Security services.
Painting.
VIII. EXCLUSIONS
The following are expressly excluded from Aramark's responsibilities under this Agreement:
Mold/mildew/fungi investigations and remediation is excluded. Cleaning mold/mildew is limited to
bathroom and shower areas, to the extent that they are included in the scope of services described
above in this Exhibit.
Investigations, remediation and abatement of Hazardous Substances.
17
296690.7
BUILDING
Adrian HS
Adrian MS 7-8
Adrian MS 5-6
Alexander ES
Michener ES
Totals:
ATTACHMENT CUST- 1
BUILDINGS TO BE SERVICED UNDER CUSTODIAL PROGRAM
ADDRESS GROSS
SQUARE
FOOTAGE
785 Riverside Avenue 248,000
615 Springbrook Avenue 103,000
340 E. Church Street
520 Cherry Street
104 Dawes Street
534,435
Gross
101,000
40,400
42,035
454,270
Net
"-....
"

NET
CLEANABLE
SQUARE
FOOTAGE
210,800
87,550
85,850
34,340 ....
35,730
.........
............
..,
The Custodial Program and the corresponding ARAMARK Fee are based on the foregoing data provided
by District. Any buildings or areas not listed above are excluded from the Custodial Program.
18
296690.7
VENDOR
None
NOTE:
ATTACHMENT CUST - 2
VENDOR CONTRACTS UTILIZED IN THE CUSTODIAL PROGRAM
SERVICE PROVIDED DATE OF EXPIRATION
CONTRACT DATE
h ~ ~
ANY VENDOR CONTRACTS NOT LISTED ABOVE ARE E CLUDED FROM
THE CUSTODIAL PROGRAM.
19
296690.7
ATTACHMENT CUST-3
CLEANING FREQUENCIES
All of the cleaning services defined in this Attachment CUST-3 shall be provided by Aramark for its
base fee and, except as expressly notified otherwise, without additional compensation. The below list of
services is not exhaustive. (Aramark will receive additional compensation only for those services that
both parties agree are outside of the scope of this agreement. Currently, the only anticipated additional
service requiring additional compensation is for custodial services related to the District's lease of
facilities, but only if such lease requires rental payments to the district -for example, Crossroads Church.
If Aramark has any questions regarding the scope of basic and additional services, it must receive
clarification prior to submitting a bid. An after-the-fact revision is not permissible.)
Without limiting the breadth of the foregoing, the contractor acknowledges that the scheduled use of the
buildings on weekends occurs with a great deal of regularity. Aramark will be responsible to open and
prepare the building for all scheduled uses on Saturday or Sunday, whether school-sponsored or non-
profit events. All of the below "special events" shall be provided as a part of the contractor's base
services.
SPECIAL EVENTS SET UP/TEAR DOWN AND CLEAN UP AS SCHEDULED:
Throughout the year for Sporting Events -Reference HighSchoolSports.net and the
District calendar which can be found at www.theadrianmaples.com
Throughout the year for rentals
During district breaks
Throughout the year for after school functions
Aramark will work around summer school programs
Aramark will provide staffing to support summer programs
Throughout the year for City of Adrian Recreation Department events
Daily breakfast and lunch set ups/tear downs and cleaning
Any time the building is used for activities other than education
May need to open facility for each event and secure when all event attendees have left
the facility
May need to remain on site during events for liaison, security and cleaning functions
CERTIFIED POOL OPERA TOR WILL BE REQUIRED FOR THE FOLLOWING SITES:
Adrian High School
Adrian Middle School 718
Water Samples
SUPPORT MAINTENANCE DUTI ES TO INCLUDE, BUT NOT LIMITED TO:
20
296690.7
Pencil sharpener repairs
Unplugging a toilet or sink
Touchup painting
Cleaning traps
Desk Repairs/Raising/Lowering
Replacing light bulbs
Fire Extinguisher Inspections
Locker repairs/Combination changes
Miscellaneous repairs or new work with drills, anchors and basic hand tools
Replace unit ventilator filters
Assembly
Boarding up windows
);> SECURITY
Lock school daily as directed by building principal
Support administration during lock downs, fire drills and tornado drills
Complete perimeter walk: nightly at end of shift to ensure all areas remain secure
);> EMERGENCY SERVICE
Aramark agrees to respond to any emergency requests for water pick-ups and/or mop-ups made
necessary by rain, plumbing failure, leaks, or accidents; 24 hours per day, 7 days per week, 365
days per year. Hourly pricing for this afterhours emergency service will be requested on the bid
form.
);> SNOW AND ICE MANAGEMENT
Aramark will be responsible for clearing snow and ice, and for distributing ice-melt around
doorway entrances and on all sidewalks within reasonable distance to buildings on District
property. This service is supplemental as a separate contract is issued for primary snow and ice
management.
);> DAILY/SUMMER/WINTER/SPRING CLEANING
The following schedule has been developed as an outline of frequencies and work to be
completed in the Elementary, Middle and High School Buildings. The list is general in nature and
should be fully developed by the contractor to ensure complete coverage:
21
296690.7
DATE: May 5, 2014
PURPOSE
EXECUTIVE SUMMARY
CONTACT PERSON: Bob Behnke
Kathy Westfall
Ken Tokarz
Oliver Wendt
To approve the Architect for the potential bond project
EXPLANATION:
The RFP process for selecting an Architectural firm for a potential district bond project
was completed with a recommendation from the interview team to hire SHW Group from
Berkley, Ml , for the project. The interview team consisted of Bob Behnke, Kathy
Westfall , Ken Tokarz, Oliver Wendt, John Roberts, Kellie Delossantos and Khayman
Jones (student).
Seven firms submitted full proposals for the project. The proposals included a
percentage that each architect would charge for various stages of the project. The full
proposals were reviewed, and three firms were selected for the formal interview process.
The selection was based on a number of criteria, including: percentage charged, recent
work completed in Michigan school districts, ability to launch a campaign to pass a bond
with in house personnel , depth of in house personnel versus sub contracted work, and
creative ideas and vision presented that would enhance Adrian Public Schools. The
potential project includes upgrades to technology, security, and district facilities.
The interview team narrowed the selection to two firms, Kingscott and SHW Group.
Reference checks were conducted at numerous districts for both firms. Four members
of the interview team met and reviewed all of the references and follow up information
that was submitted by Kingscott and SHW Group. One major difference between the
two firms was the technology portion of the proposals. SHW Group has an in house
technology consultant, while Kingscott subcontracts this portion out. Oliver Wendt and
Bob Behnke both had discussions with the in house consultant and were comfortable
with his style of work on large scale technology projects and the vision and creativity that
goes into a new initiative.
On the other hand, both companies use an external pool consultant, which seemed to be
standard in the proposals. The consultant for SHW Group is well renowned throughout
the State of Michigan. Bill Robertson of Bill Robertson Pool Design/Build, Inc. has over
30 years of experience in the industry. He helped rewrite Publ ic Acts 368 of 1978 Public
Swimming Pool Rules-Swimming Pool Advisory Committee in 2002 in conjunction with
the Michigan Department of Environmental Quality. Mr. Robertson worked on the 7/8
pool during the last bond project, to assist with extending the life of that pool.
SHW Group also did some work for the district during the last bond. They were the
architect for the retaining wall/concrete renovations at Maple Stadium as well as the bus
loop in front of Adrian High School. They were very professional and easy to work with
in these past projects and have the vision and strength as a firm to propel our district
forward.
As a point of pride rather than a factor in the selection criteria, SHW Group has a
graduate of Adrian Public School that will be the Interior Designer on the project, Colleen
(Stickney) Hosler. Her portion of the presentation was very innovative and showed her
success as an Interior Designer.
The two firms were comparable in pricing. The percentages for SHW Group are as
follows, under the category of "Renovations": pre-bond work .3%, design 4.5%,
construction administration 1%, project close-out .1 %, for a total of 5.9%. King scott's
percentage was 5.9% for renovations without pre-bond work, with an additional not to
exceed cost for those services.
The contract was included in the RFP, and is a standard form of agreement between the
owner and the architect. Thrun Law Firm will fill in the final details specific to SHW
Group on the draft included with this summary, such as legal name and address of both
parties, specific engineers and consultants, and the final pricing structure as outlined in
the proposal.
RECOMMENDATION:
It is the recommendation of the Superintendent that the Adrian Board of Education
approve SHW Group for architectural services, and approve the attached contract which
will be finalized by the district's attorney, and authorize the Chief Financial Officer to
execute the contract on the district's behalf.
AIA
Document B132
TM
2009
Standard Form of Agreement Between Owner and Architect,
Construction Manager as Adviser Edition

AIA Document B132 2009 (formerly B141CMa 1992). Copyr i ght 1992 and 2009 by The Amer i can I nst i t ut e of Ar chi t ect s. All rights
reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. Thi s dr af t was pr oduced by AI A sof t war e at 11: 14: 12 on 02/ 07/ 2011 under Or der No. 8311782778_1 whi ch
expi r es on 02/ 16/ 2011, and i s not f or r esal e.
User Notes: ( 1781809529)

1

ADDITIONS AND DELETIONS:
The aut hor of t hi s document
has added i nf or mat i on
needed f or i t s compl et i on.
The aut hor may al so have
r evi sed t he t ext of t he
or i gi nal AI A st andar d f or m.
An Additions and Deletions
Report t hat not es added
i nf or mat i on as wel l as
r evi si ons t o t he st andar d
f or mt ext i s avai l abl e f r om
t he aut hor and shoul d be
r evi ewed.
Thi s document has i mpor t ant
l egal consequences.
Consul t at i on wi t h an
at t or ney i s encour aged wi t h
r espect t o i t s compl et i on
or modi f i cat i on.
Thi s document i s i nt ended
t o be used i n conj unct i on
wi t h AI A Document s A132
2009, St andar d For mof
Agr eement Bet ween Owner and
Cont r act or , Const r uct i on
Manager as Advi ser Edi t i on;
A2322009, Gener al
Condi t i ons of t he Cont r act
f or Const r uct i on,
Const r uct i on Manager as
Advi ser Edi t i on; and C132
2009, St andar d For mof
Agr eement Bet ween Owner and
Const r uct i on Manager as
Advi ser .
AI A Document A2322009 i s
adopt ed i n t hi s document by
r ef er ence. Do not use wi t h
ot her gener al condi t i ons
unl ess t hi s document i s
modi f i ed.
ELECTRONIC COPYING of any
por t i on of t hi s AI A

Document
t o anot her el ect r oni c f i l e i s
pr ohi bi t ed and const i t ut es a
vi ol at i on of copyr i ght l aws
as set f or t h i n t he f oot er of
t hi s document .
AGREEMENT made as of the ______ day of _____________ in the year 201___

(In words, indicate day, month and year.)

BETWEENthe Architects client identified as the Owner:
(Name, legal status, address and other information)

______________________
______________________
______________________

and the Architect:

______________________
______________________
______________________

for the following Project:
(Name, location and detailed description)

____________________________________
_____________________________________
_____________________________________

The Construction Manager:

_____________________
_____________________
_____________________

The Owner and Architect agree as follows.



User Notes: ( 1781809529)

2

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECTS RESPONSIBILITIES

3 SCOPE OF ARCHITECTS BASIC SERVICES

4 ADDITIONAL SERVICES

5 OWNERS RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS ANDLICENSES

8 CLAIMS ANDDISPUTES

9 TERMINATIONOR SUSPENSION

10 MISCELLANEOUS PROVISIONS

11 COMPENSATION

12 SPECIAL TERMS ANDCONDITIONS

13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION
1.1This Agreement is based on the Initial Information set forth in this Section 1.1.
(Note the disposition for the following items by inserting the requested information or a statement such as not
applicable, unknown at time of execution or to be determined later by mutual agreement.)

1.1.1The Owners programfor the Project:
(Identify documentation or state the manner in which the program will be developed.)

In accordance with the relevant Application for Preliminary Qualification of Bonds.

1.1.2The Projects physical characteristics:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities
and services; legal description of the site; etc.)

In accordance with the relevant Application for Preliminary Qualification of Bonds.

1.1.3The Owners budget for the Cost of the Work, as defined in Section 6.1:
(Provide total and, if known, a line item breakdown.)

A fixed sumto be established by the Owner as a condition of this Agreement in accordance with the relevant
application for preliminary qualification of bonds.

1.1.4The Owners anticipated design and construction schedule:
.1 Design phase milestone dates, if any:

.2 Commencement of construction:



User Notes: ( 1781809529)

3

.3 Substantial Completion date or milestone dates:

.4 Other:

1.1.5The Owner intends to retain a Construction Manager adviser and:
(Note that, if Multiple Prime Contractors are used, the term Contractor as referred to throughout this Agreement
will be as if plural in number.)

[ ] One Contractor

[ X ] Multiple Prime Contractors

[ ] Unknown at time of execution

1.1.6The Owners requirements for accelerated or fast-track scheduling, multiple bid packages, or phased
construction are set forth below:
(List number and type of bid/procurement packages.)

1.1.7Other Project information:
(Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible
design or historic preservation requirements.)

1.1.8The Owner identifies the following representative in accordance with Section 5.4 and 5.5:
(List name, address and other information.)

_____________________
_____________________
_____________________

1.1.9The persons or entities, in addition to the Owners representative, who are required to review the Architects
submittals to the Owner are as follows:

As the Board of Education directs and as otherwise required by law.

1.1.10The Owner will retain the following consultants:
(List name, legal status, address and other information.)
.1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction
Manager has not been retained as of the date of this Agreement, state the anticipated date of retention:

.2 Cost Consultant (if in addition to the Construction Manager):
(If a Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in
Sections 3.2.6, 3.2.7, 3.3.2, 3.3.3, 3.4.5, 3.4.6, 5.4, 6.3, 6.3.1, 6.4 and 11.6.)

Detailed cost estimates to be provided by the Construction Manager. The Architect shall provide
cost estimates as provided in MCL 339.2011.


User Notes: ( 1781809529)

4

.3 Land Surveyor:

.4 Geotechnical Engineer:

.5 Civil Engineer:

.6 Other consultants:
(List any other consultants retained by the Owner, such as a Project or Program Manager, or
scheduling consultant.)

1.1.11The Architect identifies the following representative in accordance with Section 2.3 and 2.4:

1.1.12The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2 and any others as
required to performBasic Services:
(List name, legal status, address and other information.)

1.1.12.1Consultants retained under Basic Services:
.1 Structural Engineer:

.2 Mechanical Engineer:



User Notes: ( 1781809529)

5

.3 Electrical Engineer:

1.1.12.2Consultants retained under Additional Services:

To be determined

1.1.13Other Initial Information on which the Agreement is based:

1.2The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust may
mutually agree to a written adjustment in the schedule, the Architects services and the Architects compensation, as
applicable.

ARTICLE 2 ARCHITECTS RESPONSIBILITIES
2.1The Architect shall provide the professional services as set forth in this Agreement.

2.2The Architect shall performits services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances and familiar with the
school construction industry. The Architect shall performits services as expeditiously as is consistent with such
professional skill and care and the orderly progress of the Project.

2.3The Architect shall provide its services in conjunction with the services of a Construction Manager as
described in AIA Document C1322009, Standard Formof the Agreement Between Owner and Construction
Manager. The Architect shall not be responsible for actions taken by the Construction Manager.

2.4The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.

2.5Except with the Owners knowledge and consent, tThe Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architects professional
judgment with respect to this Project.

2.6The Architect shall maintain the following insurance for the duration of this Agreement in the amounts
identified below or as required by law, whichever is greater. If any of the requirements set forth below exceed the
types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost.

2.6.1Comprehensive General Liability with policy limits of not less than ($ ) for each occurrence and in
the aggregate for bodily injury and property damage.

2.6.2Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not
less than ($ ) combined single limit and aggregate for bodily injury and property damage.

2.6.3The Architect may use umbrella or excess liability insurance to achieve the required coverage for
Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results
in the same type of coverage as required for the individual policies.



User Notes: ( 1781809529)

6

2.6.4Workers Compensation at statutory limits and Employers Liability with a policy limit of not less than ($
).

2.6.5Professional Liability covering the Architects negligent acts, errors and omissions in its performance of
professional services with policy limits of not less than ($ ) per claimand in the aggregate.

2.6.6The Architect shall provide to the Owner certificates of insurance evidencing compliance with the
requirements in this Section 2.6 at the time of execution of this Agreement. The certificates will show the Owner as
an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies,
and coverages will not be terminated, non-renewed, or reduced without at least 30 days prior written notice to the
Owner.

ARTICLE 3 SCOPE OF ARCHITECTS BASIC SERVICES
3.1The Architects Basic Services consist of include those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are identified in
this Agreement shall be Basic Services unless expressly identified herein as Additional Services.

3.1.1The Architect shall manage the Architects services, consult with the Owner and the Construction Manager,
research applicable design criteria, attend Project meetings, communicate with members of the Project teamand
report progress to the Owner.

3.1.2The Architect shall coordinate its services and those of its consultants with those services provided by the
Owner, the Construction Manager and the Owners other consultants. The Architect shall be entitled to rely on the
accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the
Owners other consultants, subject to the Architects professional judgment, experience and expertise. The Architect
shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or
inconsistency in such services or information.

3.1.3As soon as practicable after the date of this Agreement, the Architect shall submit for review by to the Owner
and the Construction Manager and for the Owners approval a written schedule of the Architects services for
inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architects services
shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and
allowances for periods of time required (1) for the Owners review and for the Owner's provision of information, (2)
for the Construction Managers review, (3) for the performance of the Owners consultants, and (4) for approval of
submissions by authorities having jurisdiction over the Project, and (5) shall include a master design schedule for
planning, schematics, design development and construction documents phases.

3.1.4The Architect shall submit information to the Construction Manager and participate in developing and
revising the Project schedule as it relates to the Architects services and the Project as a whole.

3.1.5Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and
the Architect shall not exceed them, except for reasonable cause and with mutual written agreement of the parties.

3.1.6The Architect shall not be responsible for an Owners directive or substitution, or for the Owners acceptance
of non-conforming Work, made without the Architects review or approval.

3.1.7The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the
governmental authorities required to approve the Construction Documents and the entities providing utility services
to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by
such governmental authorities and by such entities providing utility services.

3.1.8The Architect shall assist and advise the Owner and Construction Manager in connection with the Owners
responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the
Project. The Architect shall have the primary responsibility to complete the required documents and ensure that
they are properly filed on behalf of the Owner.

3.1.9The Architect acknowledges that the services to be provided by the Architect under this Agreement shall
include assisting the Owner in complying with the Owner's obligations set forth in Public Act No. 306 of 1937,


User Notes: ( 1781809529)

7

MCL 388.851, et seq., and Public Act 299 of 1980, MCL 339.2011 (collectively, the "Acts"). Therefore, the
Architect hereby agrees to performthe services that shall or may be performed by an "architect" pursuant to those
Acts. The parties acknowledge that nothing in this Agreement shall be construed to limit the Architect's services,
duties or obligations under either of those Acts. However, the parties further acknowledge that the Construction
Manager may provide construction supervision as required by 1937 PA 306.

3.1.10Upon request of the Owner, the Architect shall make a presentation or presentations to explain the design of
the Project to representatives of the Owner.

3.2Schematic Design PhaseServices
3.2.1The Architect shall review the programand other information furnished by the Owner and Construction
Manager, consult with the Owner regarding same, and shall review and at all times follow laws, codes, and
regulations applicable to the Architects services and the Project.

3.2.2The Architect shall prepare a preliminary evaluation of the Owners program, schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in
terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project.

3.2.3The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall
discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project,
including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach
an understanding with the Owner regarding the requirements of the Project.

3.2.4Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the
Owner and Construction Manager, for the Owners approval, a preliminary design illustrating the scale and
relationship of the Project components. Approval by the Owner will not constitute approval of the means,
techniques or particular material recommended by the Architect for the Project. Selection by the Owner of a
"particular material" recommended by the Architect for the Project shall constitute approval of that "particular
material" by the Owner for aesthetic purposes only.

3.2.5Based on the Owners approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owners approval and the Construction Managers review. The Schematic Design Documents
shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans,
sections and elevations; and may include some combination of study models, perspective sketches, or digital
modeling. Preliminary selections of major building systems and construction materials shall be noted on the
drawings or described in writing.

3.2.5.1The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations based on programand aesthetics, in developing a design that
is consistent with the Owners program, schedule and budget for the Cost of the Work. The Owner may obtain other
environmentally responsible design services under Article 4.

3.2.5.2The Architect shall consider with the Owner and the Construction Manager the value of alternative
materials, building systems and equipment, together with other considerations based on program, budget and
aesthetics in developing a design for the Project that is consistent with the Owners schedule and budget for the Cost
of the Work.

3.2.6The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.
The Architect shall meet with the Construction Manager to review the Schematic Design Documents.

3.2.7Upon receipt of the Construction Managers review comments and cost estimate at the conclusion of the
Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon
adjustments to the Projects size, quality or budget, and request the Owners approval of the Schematic Design
Documents. If revisions to the Schematic Design Documents are required to comply with the Owners budget for the
Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required
revisions in the Design Development Phase.


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3.2.8In the further development of the Drawings and Specifications during this and subsequent phases of design,
the Architect shall be entitled to rely on receive and review the accuracy of the estimates of the Cost of the Work,
which are to be provided by the Construction Manager under the Construction Managers agreement with the Owner
and shall prepare such estimates of Construction Cost as the Architect deems necessary to performBasic Services
and to satisfy MCL 339.2011.

3.3Design Development PhaseServices
3.3.1Based on the Owners approval of the Schematic Design Documents, and on the Owners authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the
Architect shall prepare and provide Design Development Documents for the Owners approval and the Construction
Managers review. The Owner's approval shall be for general design concept purposes only and shall not be an
approval of technical or design details. The Design Development Documents shall be based upon take into
consideration information provided, and estimates prepared by, the Construction Manager and shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical, civil and
electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also
include outline specifications that identify major materials and systems and establish in general their quality levels.

3.3.2Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Design Development Documents.

3.3.3Upon receipt of the Construction Managers information and estimate at the conclusion of the Design
Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owners
approval of the Design Development Documents. Approval by the Owner will not constitute approval of the means,
techniques, or particular material recommended by the Architect for the Project. Selection by the Owner of a
"particular material" recommended by the Architect for the Project shall constitute approval of that "particular
material" by the Owner for aesthetic purposes only.

3.4Construction Documents PhaseServices
3.4.1Based on the Owners approval of the Design Development Documents, and on the Owners authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare and
provide Construction Documents for the Owners approval and the Construction Managers review. The
Construction Documents shall illustrate and describe the further development of the approved Design Development
Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and
systems, their quality levels and other requirements for the construction of the Work. The Owner and Architect
acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop
Drawings, Product Data, Samples and other similar submittals, which the Architect shall expressly require in the bid
documents and which the Architect shall review in accordance with Section 3.6.4.

3.4.2The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.

3.4.3During the development of the Construction Documents, if requested by the Owner, the Architect shall assist
the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement
information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the
formof agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction
(General, Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions of the
Contract for Construction and may include bidding requirements and sample forms. All such documents shall have
been provided in a format that conforms with the terms of this Agreement and the drawings/specifications, including
but not limited to dispute resolution provisions, and shall comply with all public bidding, prevailing wage, and
contracting laws applicable to Michigan public school districts and this Project.

3.4.3.1Documents referenced in Section 3.4.3 shall consist of the unabridged AIA contract forms modified as
necessary to be consistent with this Agreement. The Architect shall include in bid specifications and in any of the


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relevant document provisions indicating that modified version(s) of the standard AIA Owner/Contractor Agreement
will be utilized, such contract shall be subject to the Owner's approval.

3.4.4Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Construction Documents.

3.4.5Upon receipt of the Construction Managers information and estimate at the conclusion of the Construction
Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owners approval of
the Construction Documents. Approval by the Owner will not constitute approval of the means, techniques, or
particular material recommended by the Architect for the Project. Selection by the Owner of a "particular material"
recommended by the Architect for the Project shall constitute approval of that "particular material" by the Owner for
aesthetic purposes only.

3.5Bidding or Negotiation PhaseServices
3.5.1General
The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors.
Following the Owners approval of the Construction Documents, the Architect shall assist the Owner and
Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming
responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and
preparing contracts for construction; and (5) rendering interpretations and clarifications of drawings and
specifications in appropriate written form. The Owner shall award bids as required by law. See Section 12.14.

3.5.2CompetitiveBidding
3.5.2.1Bidding Documents shall consist of bidding requirements and proposed Contract Documents.

3.5.2.2The Architect shall assist the Owner and Construction Manager in bidding the Project by
.1 assisting the Construction Manager with facilitating the reproduction of Bidding Documents for
distribution to prospective bidders,
.2 participating in a pre-bid conference for prospective bidders, and
.3 preparing responses to questions fromprospective bidders, and providing clarifications and
interpretations of the Bidding Documents in the formof addenda, and providing recommendations for
award of bids.
.4 assisting the Construction Manager in determining compliance with competitive bidding laws,
including with respect to bid advertisements.
.5 participating in post-bid conferences with apparent low bidders.

3.5.2.3The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and
shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions
to all prospective bidders.

3.5.3Negotiated Proposals
3.5.3.1Proposal Documents shall consist of proposal requirements, and proposed Contract Documents and shall
adhere to competitive bidding thresholds established by applicable law.

3.5.3.2The Architect shall assist the Owner and Construction Manager in obtaining proposals by
.1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors, and
requesting their return upon completion of the negotiation process;
.2 participating in selection interviews with prospective contractors; and
.3 if requested by the Owner, participating in negotiations with prospective contractors.

3.5.3.3The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and
shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions
to all prospective contractors.

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3.6Construction PhaseServices
3.6.1General
3.6.1.1The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A2322009, General Conditions of the Contract for Construction, Construction
Manager as Adviser Edition, as amended. If the Owner and Contractor modify AIA Document A2322009, those
modifications shall not affect the Architects services under this Agreement unless the Owner and the Architect
amend this Agreement. In the event there is any conflict between this Agreement and AIA Document A232-2009, as
amended, the terms of this Agreement shall prevail. Otherwise, both documents shall govern.

3.6.1.2The Architect shall advise and consult with the Owner and Construction Manager during the Construction
Phase Services described in this Agreement. The Architect shall have authority to act on behalf of the Owner only to
the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the
construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, nor shall the Architect be responsible for the Contractors failure to performthe Work in
accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architects
negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or
omissions of the Construction Manager, or the Contractor or of any other persons or entities performing portions of
the Work.

3.6.1.3Subject to Section 4.3, tThe Architects responsibility to provide Construction Phase Services commences
with the award of the initial Contract for Construction and terminates one year after substantial completion. on the
date the Architect issues the final Certificate for Payment2 s .

3.6.2Evaluations of theWork
3.6.2.1The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, to comply with statutory obligations, and to determine, in general, if the Work observed is being
performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract
Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner
reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner
and the Construction Manager (1) known deviations fromthe Contract Documents and fromthe most recent
construction schedule, and (2) defects and deficiencies observed in the Work.

3.6.2.2The Architect has the authority to reject Work that does not conformto the Contract Documents and shall
notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the
Architect, upon written authorization fromthe Owner and notification to the Construction Manager, shall have the
authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a
decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or
employees or other persons or entities performing portions of the Work.

3.6.2.3The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of the Construction Manager, Owner, or Contractor through the
Construction Manager. The Architects response to such requests shall be made in writing within any time limits
agreed upon or otherwise with reasonable promptness.

3.6.2.4Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
fromthe Contract Documents and shall be in writing or in the formof drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and the Contractor, shall
not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith
and without negligence. The Architects decisions on matters interpretations relating to aesthetic effect shall be final
if consistent with the intent expressed in the Contract Documents.

3.6.2.5Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
termis defined in AIA Document A2322009, the Architect shall render initial decisions written interpretations on
Claims between the Owner and Contractor as provided in the Contract Documents.


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3.6.3Certificates for Payment to Contractor
3.6.3.1The Architect shall review and certify an application for payment not more frequently than monthly.
Wwithin seven days after the Architect receives an application for payment forwarded fromthe Construction
Manager, unless the circumstances require a shorter time period. tThe Architect shall review and certify the
application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review
the Contractors Application and Certificate for Payment that the Construction Manager has
previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall
issue a Certificate for Payment in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the
Project, the Architect shall review a Project Application and Project Certificate for Payment, with a
Summary of Contractors Applications for Payment, that the Construction Manager has previously
prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and
shall issue a Project Certificate for Payment in the total of such amounts.

3.6.3.2The Architects certification for payment shall constitute a representation to the Owner, based on (1) the
Architects evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractors
Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of
the Construction Manager, that, to the best of the Architects knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
minor deviations fromthe Contract Documents prior to completion, and (4) to specific qualifications expressed by
the Architect in writing and accompanying the relevant certification. It is acknowledged that the Architect's
certifications shall take into consideration information provided by the Construction Manager, but the Architect shall
remain responsible for any certification issued.

3.6.3.3The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation
that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received fromSubcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractors right to payment, or (4) ascertained how or for what purpose the Contractor has used
money previously paid on account of the Contract Sum.

3.6.3.4The Architect shall maintain a record of the applications and certificates for payment, certified copies of
which shall be sent to the Owner.

3.6.4Submittals
3.6.4.1The Architect shall review the Construction Managers Project submittal schedule and shall not
unreasonably delay or withhold approval. The Architects action in reviewing submittals transmitted by the
Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an
approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architects
professional judgment to permit adequate review.

3.6.4.2In accordance with the Architect-approved Project submittal schedule, and after the Construction Manager
reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate
action upon the Contractors submittals such as Shop Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given and the design concept expressed in the Contract
Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other
information such as dimensions, quantities, and installation or performance of equipment or systems, which are the
Contractors responsibility. The Architects review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or
procedures. The Architects review and approval of a specific itemshall not indicate approval of an assembly of
which the itemis a component.

3.6.4.3If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the


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appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professionals seal and signature when submitted to the Architect. Subject to its
professional experience and expertise, Tthe Architect shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications and approvals performed or provided by such design professionals.

3.6.4.4After receipt of the Construction Managers recommendations, and subject to the provisions of Section 4.3,
tThe Architect shall timely review and respond to requests for information about the Contract Documents. The
Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements
for requests for information. Requests for information shall include, at a minimum, a detailed written statement that
indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.
The Architects response to such requests shall be made in writing within any time limits agreed upon, or otherwise
with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information. The Architect shall maintain a log of requests for information
and the responses thereto.

3.6.4.5The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction
Manager in accordance with the requirements of the Contract Documents.

3.6.5Changes in theWork
3.6.5.1The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction
Change Directives prepared by the Construction Manager or otherwise for the Owners approval and execution in
accordance with the Contract Documents.

3.6.5.2The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sumor an extension of the Contract Time. Such
changes shall be effected by written order issued by the Architect through the Construction Manager. If necessary,
the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe the Work to be added,
deleted or modified.

3.6.5.3The Architect shall maintain records relative to changes in the Work. The Architect shall
contemporaneously review with the Owner all changes and potential changes in the Work for any reason, cause, cost
and responsibility. Said issues shall be recorded and reported in a Change Management Log for the Project, the
review and approval of which by the Architect shall evidence concurrence in the resolution of the issue as identified
therein.

3.6.6Project Completion
3.6.6.1The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or
dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion
prepared by the Construction Manager; upon Substantial Completion, jointly with a relevant Contractor and the
Construction Manager, prepare a list of incomplete or unsatisfactory items and schedule their completion; receive
fromthe Construction Manager and review written warranties and related documents required by the Contract
Documents and assembled by the Contractor; and, after receipt of a final Contractors Application and Certificate
for Payment or a final Project Application and Project Certificate for Payment fromthe Construction Manager, issue
a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of
the Contract Documents.

3.6.6.2The Architects inspections shall be conducted with the Owner and Construction Manager to check
conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and
completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or
corrected. The Architect shall be solely responsible for the inspection, and the Owner shall be solely an observer.

3.6.6.3When the Work is found to be substantially complete by the Construction Manager and Architect, and after
certification by the Construction Manager and the Architect, the Architect shall informthe Owner about the balance
of the Contract Sumremaining to be paid the Contractor, including the amount to be retained fromthe Contract
Sum, if any, for final completion or correction of the Work.



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3.6.6.4Upon request of the Owner, and prior to the expiration of one year fromthe date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance for the purpose of identifying potential warranty issues and to verify adequacy of the
facility operations and performance.

ARTICLE 4 ADDITIONAL SERVICES
4.1Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architects responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third
column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
identify the exhibit.)
The Services listed below, other than those identified as Basic Services, may be provided by the Architect as an
Additional Service if: (a) required for the Project, (b) the Owner authorizes the performance of same in writing prior
to the Architect's provision of any such service, and (c) the Architect provides a good faith estimate of the cost of
same prior to the Owner's authorization. The Owner shall not be obligated to pay for any Additional Service in the
absence of the foregoing. For proper Additional Services, the Owner shall compensate the Architect as provided in
Section 11.2.

Services Responsibility
(Architect, Owner
or
Not Provided)
Location of ServiceDescription
(Section 4.2 below or in an exhibit
attached to this document and
identified below)
4.1.1 Programming Basic Service
4.1.2 Multiple preliminary designs Basic Service
4.1.3 Measured drawings
4.1.4 Existing facilities surveys Basic Service
4.1.5 Site evaluation and planning (B2032007) Basic Service
4.1.6 Building information modeling
4.1.7 Civil engineering Basic Service
4.1.8 Landscape design Basic Service
4.1.9 Architectural interior design (B2522007) Basic Service
4.1.10 Value analysis (B2042007)
4.1.11 Detailed cost estimating
Basic Service with
the Construction
Manager
See MCL 339.2011
4.1.12 On-site project representation (B2072008)
Basic Service with
the Construction
Manager

4.1.13 Conformed construction documents
4.1.14 As-designed record drawings Basic Service
4.1.15 As-constructed record drawings
4.1.16 Post occupancy evaluation
Basic Service as
set forth in
Section 12.8

4.1.17 Facility support services (B2102007)
4.1.18 Tenant-related services
4.1.19 Coordination of Owners consultants Basic Service
4.1.20 Telecommunications/data design/technology Basic Service
4.1.21 Security evaluation and planning (B2062007)
4.1.22 Commissioning (B2112007)
4.1.23 Extensive environmentally responsible design
4.1.24 LEED
certification (B2142007)
4.1.25 Historic preservation (B2052007)
4.1.26 Furniture, furnishings, and equipment design
(B2532007)
Basic Service

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4.2Insert a description of each Additional Service designated in Section 4.1 as the Architects responsibility, if not
further described in an exhibit attached to this document.

4.3Additional Services may be provided after execution of this Agreement, in compliance with the first paragraph
of Section 4.1 without invalidating the Agreement. Except for services required due to the fault of the Architect, any
Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation
pursuant to Section 11.3 and, if necessary, an appropriate adjustment in the Architects schedule.

4.3.1Upon recognizing the need to performthe The following Additional Services shall be provided if there has
been compliance , the Architect shall notify the Owner with reasonable promptness, and explain the facts and
circumstances giving rise to the need with the first paragraph of Section 4.1. The Architect shall not proceed to
provide the following services until the Architect receives the Owners written authorization:
.1 Subject to Section 6.6, services necessitated by a change in the Initial Information, previous
instructions or recommendations given by the Construction Manager or the Owner, or approvals
given by the Owner, or a material change in the Project including, but not limited to, size, quality,
complexity, building systems, the Owners schedule or budget for Cost of the Work, constructability
considerations, procurement or delivery method, or bid packages in addition to those listed in Section
1.1.6;
.2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section
6.7), when such revisions are required because the Construction Managers estimate of the Cost of the
Work exceeds the Owners budget, except where such excess is due to changes initiated by the
Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or
equipment;
.3 Services necessitated by the Owners request for extensive environmentally responsible design
alternatives, such as unique systemdesigns, in-depth material research, energy modeling, or LEED
certification;
.4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations which occur after the preparation of
such Instruments of Service.; (The Architect is expected to and shall provide its services in
compliance with the most-recent codes, laws, regulations and interpretations.);
.5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely
manner, acknowledging the Owner's obligations under the Open Meetings Act or any other failure of
performance on the part of the Owner, Construction Manager or the Owners other consultants or
contractors;
.6 Preparing digital data for transmission to the Owners consultants and contractors, or to other Owner
authorized recipients;
.7 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner or Construction Manager;
.8 Preparation for, and attendance at, a public presentation, meeting or hearing;
.9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto or at which the services of the Architect are challenged;
.10 Evaluation of the qualifications of bidders or persons providing proposals;
.11 Consultation concerning replacement of Work resulting fromfire or other cause during construction;
or
.12 Assistance to the Initial Decision Maker, if other than the Architect.

4.3.2To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the
needpromptly comply with the opening paragraph of Section 4.1 for the following Additional Services. If the Owner
subsequently determines that all or parts of those services are not required, the Owner shall give prompt written
notice to the Architect., and t The Owner shall have no further obligation to compensate the Architect for those
services not accepted in writing by the Owner:
.1 Reviewing a Contractors submittal out of sequence fromthe initial Project submittal schedule agreed
to by the Architect;


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.2 Responding to the Contractors requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor froma careful study
and comparison of the Contract Documents, field conditions, other Owner-provided information,
Contractor-prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders, and Construction Change Directives approved by the Owner that exceed
the scope of the Work and Project cost and that require substantialevaluation of Contractors
proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractor and making
subsequent revisions to Instruments of Service resulting therefromafter bids have been awarded; or
.6 To the extent the Architects Basic Services are affected, providing Construction Phase Services after
the time frame identified in Section 3.6.1.360 days after (1) the date of Substantial Completion of the
Work or (2) the anticipated date of Substantial Completion, identified in Initial Information,
whichever is earlier.

4.3.3The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Contractor
.2 ( ) visits to the site by the Architect over the duration of the Project during construction
.3 ( ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 ( ) inspections for any portion of the Work to determine final completion

4.3.4If the services covered by this Agreement have not been completed within ( ) months of the date of
this Agreement, through no fault of the Architect, extension of the Architects services beyond that time shall be
compensated as Additional Services.

ARTICLE 5 OWNERS RESPONSIBILITIES
5.1Unless otherwise provided for under this Agreement, The Architect shall assist the Owner shall to provide
information in a timely manner regarding requirements for and limitations on the Project, including a written
programwhich shall set forth the Owners objectives, schedule, constraints and criteria, including space
requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within
15 days after receipt of a written request fromthe Architect, the Owner shall furnish the requested information as
necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.

5.2The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in
the AIA Document C1322009, Standard Formof Agreement Between Owner and Construction Manager. The
Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction
Manager, and any further modifications to the agreement.

5.3The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the
overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds.

5.4The Owner shall establish and periodically update the Owners budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1, (2) the Owners other costs, and (3) reasonable contingencies
related to all of these costs. In addition to the Architect's responsibilities under MCL 339.2011, Tthe Owner shall
furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the
Work. If the Owner significantly increases or decreases the Owners budget for the Cost of the Work, the Owner
shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the
Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in
the Projects scope and quality. The parties acknowledge the Owner's fixed limit of construction cost for the
Project.

5.4.1The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries
with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign
portions of the Project affected by procuring or installing elements of the Project prior to the completion of all
relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If


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the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the
Project sufficient contingencies to cover such costs.

5.5The Owner shall identify a representative authorized to act on the Owners behalf with respect to the Project,
subject to parameters of authority set by the Owner. The Owner shall render decisions and approve the Architects
submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the
Architects services, subject to the Owner's status as a public body, including being subject to the Open Meetings
Act.

5.6Where required by the circumstances of the Project and requested by the Architect in writing, Tthe Owner shall
furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project,
and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. The
Architect shall assist the Owner in obtaining such services as part of the Architect's Basic Services. The Owner will
pay for such services as applicable.

5.7Where required by the circumstances of the Project and as requested by the Architect in writing, Tthe Owner
shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations. The Architect shall assist the Owner in obtaining
such services as a part of the Architect's Basic Services, and the Owner will pay for such services as applicable.

5.8The Owner Architect shall coordinate the services of its own consultants with those services provided by the
ArchitectOwner's consultants. Upon the Architects request, the Owner shall furnish copies of the scope of services
in the contracts between the Owner and the Owners consultants. The Owner shall furnish the services of consultants
other than those designated in this Agreement, or authorize the Architect to furnish themas an Additional Service in
accordance with Article 4, when the Architect requests such services and demonstrates that they are reasonably
required by the scope of the Project. The Owner and Architect shall require that its consultants maintain professional
liability insurance and other liability insurance as appropriate to the services provided.

5.9The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. The
Architect shall assist the Owner in obtaining such services as part of the Architect's Basic Services.

5.10The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owners needs and interests.

5.11The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner
becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architects
Instruments of Service, but the Owner's failure to do so does not relieve the Architect of its responsibilities, and the
Owner assumes no duty of observation, inspection, or investigation pursuant to this section or otherwise. The
Architect shall give the Owner prompt written notice if it becomes aware of any fault or defect in the Project or the
Instruments of Service.

5.12Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and
shall contemporaneously provide the same communications to the Architect about matters arising out of or relating
to the Contract Documents that may affect the Architect's services. Communications by and with the Architects
consultants shall be through the Architect.

5.13Before executing the Contract for Construction, the Owner shall coordinate the Architects Architect shall
assist the Owner with coordination of the Architect's duties and responsibilities set forth in the Contract for
Construction with the Architects services set forth in this Agreement. The Owner shall provide the Architect a copy


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of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for
Construction.

5.14The Owner shall provide the Architect access to the Project site prior to commencement of the Work, and the
Contract documents shall obligate the Construction Manager and Contractor to provide the Architect and the Owner
access to the Work wherever it is in preparation or progress.

ARTICLE 6 COST OF THE WORK
6.1For purposes of cost estimating or tracking under this Agreement, the Cost of the Work shall be the total cost to
the Owner to construct all elements of the Project designed or specified by the Architect and shall include the
contractors general conditions costs, overhead and profit, . The Cost of the Work includes the compensation of the
Construction Manager and Construction Managers consultants, and compensation of the Architect and the
Architects consultants during the Construction Phase only, including respective compensation for reimbursable
expenses at the job site, if any. For purposes of calculating fees or other costs determined on a percentage of the
Cost of the Work only, the The Cost of the Work does not include the compensation of the Architect, work for
which the Architect is not providing services (for example, unused contingency dollars), the costs of the land, rights-
of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.

6.2The Owners budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required under Sections 5.4 and 6.4. A fixed limit of construction cost shall be established
by the Owner as a condition of this Agreement in accordance with the Initial Information. Evaluations of the
Owners budget for the Cost of the Work represent the Architects judgment as a design professional familiar with
the construction industry.

6.3The Owner shall require permit the Construction Manager to include appropriate contingencies for design,
bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect
shall be entitled to rely on the accuracy and completeness of required to prepare its own estimates of the Cost of the
Work the Construction Manager prepares as the Architect progresses with as necessary to performits Basic
Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other
documents required due to the Construction Managers inaccuracies or incompleteness in preparing cost estimates.
The Architect may review the Construction Managers estimates solely for the Architects guidance in completion of
its own Basic sServices, however, the Architect and shall report to the Owner any material inaccuracies and
inconsistencies noted during any such review.

6.3.1If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy
exists between the Construction Managers cost estimates and the Architects cost estimates, the Architect and the
Construction Manager shall work cooperatively to conformthe cost estimates to one another. The Architect shall
ensure compliance with MCL 339.2011.

6.4If at any time, prior to the conclusion of the Design Development Phase, the Architect's or the Construction
Managers estimate of the Cost of the Work exceeds the Owners budget for the Cost of the Work, the Architect, in
consultation with the Construction Manager and as a Basic Service, shall make appropriate recommendations to the
Owner to adjust the Projects size, quality or budget, and the Owner shall cooperate with the Architect in making
such adjustments.

6.5If at any time the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds
the Owners budget for the Cost of the Work, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or
quality as required to reduce the Cost of the Work; or
.3 implement any other mutually acceptable alternative.

6.6If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall
incorporate the required modifications in the Construction Documents Phase as necessary to comply with the
Owners fixed budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the
budget as adjusted under Section 6.5.1. The Architects modification of the Construction Documents shall be the
limit of the Architects responsibility as a Basic Service under this Article 6.



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6.7After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that
exceed the Owners budget for the Cost of the Work., except w When the excess is due to Architect negligence or
changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or
equipment, the Work shall be performed as a Basic Service.

6.8In the event the lowest bid (or bids) exceed the budget for the Project, the Architect, in consultation with and at
the direction of the Owner, shall without additional compensation provide such modifications in the Contract
Documents as necessary to bring the cost of the Project within budget.

ARTICLE 7 COPYRIGHTS ANDLICENSES
7.1The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission fromthe copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they mayshall endeavor to establish necessary
protocols governing such transmissions.

7.2Except as otherwise provided in this Agreement, Tthe Architect and the Architects consultants shall be
deemed the authors and owners of their respective Instruments of Service, including the Drawings and
Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes
in connection with the Project is not to be construed as publication in derogation of the reserved rights of the
Architect and the Architects consultants.

7.3Upon execution of this Agreement, the Owner shall have a nonexclusive, irrevocable license and right to
access, use and reproduce the Instruments of Service for purposes of constructing, using, maintaining, altering and
adding to the Project. On behalf of, and for the benefit of, the Owner, the Architect shall obtain similar rights from
the Architects consultants consistent with this Agreement. Such rights shall, without limitation, authorize the
Owner and the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the
Owners consultants and separate contractors and other design professionals, to utilize and to reproduce applicable
portions of the Instruments of Service for use in performing services or construction for the Project. Any
termination of this Agreement for any reason or under any condition shall in no way terminate or otherwise diminish
the licenses and rights described herein.
Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architects
Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment
of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses fromthe
Architects consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment
suppliers, as well as the Owners consultants and separate contractors, to reproduce applicable portions of the
Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the
Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this
Section 7.3 shall terminate.

7.3.1In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of
Service, the Owner releases the Architect and Architects consultant(s) fromall claims and causes of action arising
fromsuch uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants fromall costs and expenses, including the cost of defense, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise fromthe Owners use of
the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.

7.4Except for the licenses granted or referenced in this Article 7, no other license or right shall be deemed granted
or implied under this Agreement. Except as allowed in this Agreement, Tthe Owner shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written
agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owners sole risk and
without liability to the Architect and the Architects consultants.



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ARTICLE 8 CLAIMS ANDDISPUTES
8.1General
8.1.1The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable Michigan
law, but in any no case not more than 10 years after the date of Substantial Completion of the Workshall a claimby
the Owner be deemed untimely if filed within six (6) years of Substantial Completion of the overall Project. The
Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.

8.1.2To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document A2322009, General
Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the
Construction Manager, contractors, consultants, agents and employees of any of themsimilar waivers in favor of the
other parties enumerated herein.

8.1.3The Architect shall indemnify and hold the Owner and the Owners officers and employees harmless from
and against damages, losses and judgments arising fromclaims by third parties, including reasonable attorneys fees
and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or
omissions of the Architect, its employees and its consultants in the performance of professional services under this
Agreement. The Architects duty to indemnify the Owner under this provision shall be limited to the available
proceeds of insurance coverage.

8.1.4The Architect and Owner waive consequential damages for claims, disputes or other matters in question
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either partys termination of this Agreement, except as specifically provided in Section 9.7.

8.2Mediation
8.2.1Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
non-binding mediation as a condition precedent to litigationbinding dispute resolution. If such matter relates to or is
the subject of a lien arising out of the Architects services, the Architect may proceed in accordance with applicable
law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding
dispute resolution.

8.2.2The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
themby non-binding mediation which, unless the parties mutually agree otherwise, shall be administered by the
American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on
the date of the Agreement, except that either party may, if in good faith, declare a mediation impasse and proceed
with litigation after one full day of mediation. A request for mediation shall be made in writing, delivered to the
other party to the Contract, and filed with the person or entity administering the mediation. The request may be
made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in
such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed
pending mediation for a period of 60 days fromthe date of filing, unless stayed for a longer period by agreement of
the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless
proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. During the pendency of
this alternative dispute resolution process, the parties agree that applicable limitations periods shall be tolled.

8.2.3The parties shall share the mediators fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.

8.2.4If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)

[ ] Arbitration pursuant to Section 8.3 of this Agreement


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[ X ] Litigation in a court of competent jurisdiction

[ ] Other: (Specify)

8.3Arbitration
8.3.1If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which shall be administered by the American Arbitration Association in
accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement, unless the parties
mutually agree otherwise. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.

8.3.1.1A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.

8.3.2The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in
any court having jurisdiction thereof.

8.3.3The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.

8.3.4Consolidation or Joinder
8.3.4.1Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and
(3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

8.3.4.2Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of fact or law whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.

8.3.4.3The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.

ARTICLE 9 TERMINATIONOR SUSPENSION
9.1If the Owner fails to make undisputed payments to the Architect in accordance with this Agreement, such
failure shall be considered substantial nonperformance and cause for termination or, at the Architects option, cause
for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the
Architect shall give seven days written notice to the Owner before suspending services for this reason. In the event
of such a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due
prior to suspension and any expenses incurred in the interruption and resumption of the Architects services. The
Architects fees for the remaining services and the time schedules shall be equitably adjustedsubject to negotiation
by the parties.

9.2If the Owner suspends the Project for more than 30 consecutive days, the Architect shall be compensated for
services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be


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compensated for expenses incurred in the interruption and resumption of the Architects services. The Architects
fees for the remaining services and the time schedules shall be equitably adjustedsubject to negotiation by the
parties.

9.3If the Owner suspends the Project for more than 90 cumulative consecutive days for reasons other than the fault
of the Architect, the Architect may terminate this Agreement by giving not less than seven days written notice.

9.4Either party may terminate this Agreement upon not less than seven days written notice should the other party
fail substantially to performin accordance with the terms of this Agreement through no fault of the party initiating
the termination.

9.5The Owner may terminate this Agreement upon not less than seven days written notice to the Architect for the
Owners convenience and without cause.

9.6In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.

9.7Termination Expenses are in addition to compensation for the Architects services and include expenses
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the
Architects anticipated profit on the value of the services not performed by the Architect.

9.8The Owners rights to use the Architects Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9continue and shall not be terminated or diminished in any
manner.

ARTICLE 10 MISCELLANEOUS PROVISIONS
10.1This Agreement shall be governed by the law of the State of Michiganplace where the Project is located,
except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal
Arbitration Act shall govern
Section 8.3.

10.2Terms in this Agreement shall have the same meaning as those in AIA Document A2322009, General
Conditions of the Contract for Construction, as modified on behalf of the Owner. In the event of any inconsistency
between this Agreement and the General Conditions, the terms of this Agreement shall govern.

10.3The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owners rights and obligations under this Agreement.

10.4If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution unless circumstances
require a shorter time frame. If the Owner requests the Architect to execute consents reasonably required to facilitate
assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement,
provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The
Architect shall not be required to execute certificates or consents that would require knowledge, services or
responsibilities beyond the scope of this Agreement.

10.5Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.

10.6Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
format the Project site.

10.7The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architects promotional and professional materials. The Architect shall be given reasonable


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access to the completed Project to make such representations. However, the Architects materials shall not include
the Owners confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide
professional credit for the Architect in the Owners promotional materials for the Project. The Architect shall obtain
the Owner's approval prior to disclosures of information for purposes of verifying that such disclosures contain no
confidential information (including, for example, information protected by FERPA).

10.8If the Architect or Owner receives Owner information specifically designated by the other party as that is
confidential or business proprietary, the receiving party Architect shall keep such information strictly
confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the
content of such information in order to performservices or construction solely and exclusively for the Project, or (3)
its consultants and contractors whose contracts include similar restrictions on the use of confidential information.

10.9The Architect agrees to retain permanent records relating to the services performed for a period of at least six
(6) years following submission of the construction documents, during which period the records will be made
available to the Owner upon request.

10.10 Integration, Waiver and Severability
10.10.1This is the entire agreement between the Owner and Architect with respect to the matters covered herein
and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing
signed by both parties. Any waivers hereunder must be in writing. No waiver or right or remedy in the event of
default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default.

10.10.2 A waiver of any term, condition, or covenant by a party shall not constitute a waiver of any other term,
condition or covenant. If any court of competent jurisdiction declares a provision of this Agreement invalid, illegal
or otherwise unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

ARTICLE 11 COMPENSATION
11.1For the Architects Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(Insert amount of, or basis for, compensation.)

11.2For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of
compensation apply.)

As mutually agreed by the parties in writing prior to the performance of service in accordance with the hourly rates
set forth in Section 11.7

11.3For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)

As mutually agreed by the parties in writing prior to the performance of service in accordance with the hourly
rates set forth in Section 11.7

11.4Compensation for Additional Services of the Architects consultants when not included in Sections 11.2 or
11.3, shall be the amount invoiced to the Architect without mark-up.plus percent ( %), or as otherwise
stated below:

11.5Where compensation for Basic Services is based on a stipulated sumor percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:



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Compensation is due and payable in monthly progress payments for services properly completed and authorized
expenses incurred. As a guideline for anticipating payments, architectural services are approximately apportioned as
follows:

Schematic Design Phase percent ( %)
Design Development Phase percent ( %)
Construction Documents Phase percent ( %)
Bidding or Negotiation Phase percent ( %)
Construction Phase percent ( %)

Total Basic Compensation one hundred percent ( 100 %)

The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect
may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to
invoice monthly in proportion to services performed in each Phase of Services, as appropriate.

11.6When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of
the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be
entitled to compensation in accordance with this Agreement for all services performed whether or not the
Construction Phase is commenced.

11.7The hourly billing rates for services of the Architect and the Architects consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architects and Architects consultants normal review
practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)

Employeeor Category Rate($0.00)

11.8Compensation for ReimbursableExpenses
11.8.1Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architects consultants directly related to the Project, as follows:
.1 Transportation and in connection with authorized out-of-town travel and subsistence, not including
travel to and fromthe Project site(s);
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard formdocuments;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized required in advance and
in writing by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner;
.8 Architects Consultants expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architects consultants; and
.9 All taxes levied on professional services and on reimbursable expenses. The parties shall discuss
significant reimbursable items prior to purchase, in light of the Owners tax-exempt status.;
.10 Site office expenses; and
.11 Other similar Project-related expenditures.



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11.8.2For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architects consultants plus zero percent ( 0 %) of the expenses incurred. Reimbursable expenses shall not
exceed $_______________ without the prior written consent of the Owner.

The Architects total compensation package, including fee and reimbursable expenses, shall not exceed
$___________, without the prior written approval of the Owner.

11.9Compensation for Useof Architects Instruments of Service
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owners continued use of
the Architects Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:

11.10Payments to theArchitect
11.10.1An initial payment of zero dollars ($ 0.00 ) shall be made upon execution of this Agreement and is
the minimumpayment under this Agreement. It shall be credited to the Owners account in the final invoice.

11.10.2Unless otherwise agreed, payments for undisputed services shall be made monthly in proportion to services
performed. Undisputed Ppayments are due and payable within thirty (30) days of the Owner's receipt upon
presentation of the Architects invoice. Amounts unpaid thirty ( 30 ) days after the invoice due date shall
bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing fromtime to time at the
principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)

MCL 438.31 %

11.10.3The Owner shall not withhold amounts fromthe Architects compensation to impose a penalty or
liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in
the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceedingfor which the Architect is responsible.

11.10.4Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.

ARTICLE 12 SPECIAL TERMS ANDCONDITIONS
Special terms and conditions that modify this Agreement are as follows:

12.1 The Architect shall performits duties, responsibilities and services in a manner consistent with the
professional standards of the architectural profession.

12.2 The Architect shall not be entitled to additional compensation in the event it is necessary to extend the
contract completion date because the Project is delayed due to conditions beyond the control of the Owner, such as
strikes, weather, material shortages, etc.

12.3 The Architect shall immediately notify the Owner, in writing, of the presence of any hazardous material in
connection with this Project of which the Architect is aware. The Owner, at its cost, shall be responsible for
analysis, design, removal, remediation or other action related to any asbestos or hazardous substances.

12.4 If errors and omissions in the Project are detected in the plans and specifications before the work is bid, the
costs of any re-design required to incorporate the itemor feature omitted or to correct the error shall be borne by the
Architect. Any additional construction costs in this instance resulting fromthe inclusion of the omitted itemor
feature or to correct the error shall be borne by the Owner. If, however, the error or omission is not detected until
after the work is in bid, and if correction of the error or the incorporation of the omitted itemor feature should
reasonably and properly have been provided by the Architect, then the cost of redesign and any removal and
reconstruction required to begin incorporation of the omitted itemor feature shall be borne by the Architect.



User Notes: ( 1781809529)

25

12.5 The Architect shall be accessible to the Owner, either on-site or via communication media, as is necessary
to address issues that arise during the Project.

12.6 The Architect will, as part of Basic Services, attend the Owners Board of Education meetings and staff
meetings (in person or via communication media) as reasonably requested by the Owner.

12.7 Services deleted fromArticle 4 shall be deemed to be a part of Basic Services.

12.8 The Architect agrees to provide assistance up to one (1) year beyond the date of substantial completion as a
part of Basic Services, as well as a post-occupancy evaluation of the building thirty (30) days prior to the expiration
of the warranty period.

12.9 The Owner reserves the right to approve the identity of the Architects project representative(s) and to
require their replacement upon two (2) weeks' notice. The Architect shall make available the services of
________________ and other such individuals as may be required to provide the services defined as Basic Services
or needed in the course of the Project to complete the Project as described in the Agreement. In the event that any
individual identified above is discharged, dies, is disabled or is promoted to take on a substantially different
responsibility, or at such time as the Owner requests a personnel change, the Architect shall promptly submit to the
Owner a qualification and experience resume of the person(s) proposed as replacement(s) and shall furnish
replacement(s) upon agreement of the Owner.

12.10 The Architect will assist the Construction Manager in all contract award services, including but not
necessarily limited to, conducting pre-award conferences with apparent low bidders, reviewing bids or negotiated
proposals, and advising the Owner whether such bids and proposals are responsive and acceptable in the context of
the Project requirements.

12.11 The Architect shall not utilize photographs of this Project for any advertising or promotional purpose that
include the image of any student of the Owner without the express written permission of the parent or guardian of
that student if that student is a minor. If the student is of the age of majority or is an emancipated minor, the
Architect must obtain express written permission fromthat student. Such express written permission shall
acknowledge the Architects intent for use of those images. The Owner, in its discretion, may assist the Architect in
securing such permission.

12.12 The Architect, with the assistance of the Construction Manager, shall include in bidding information, plans
or specifications a requirement that the successful Contractor(s) shall provide operation manuals to the Owner and
Contractor(s) shall provide adequate training for the Owner in the operation of any and all facility systems installed
by the Contractor(s).

12.13 The Architect agrees that it will be the Architect responsible for the construction described in this
Agreement and shall not specify as a building material in any Construction document for the Project any material
which the Architect knew or reasonably should have known was an asbestos containing building material (ACBM),
as defined in Section 763.83 of 40 CFR Part 763, as amended. Upon the issuance of the final certificate for
payment, the Architect shall furnish the Owner a signed statement (dated current) that, to the best of Architects
knowledge, no asbestos containing building material was used as a building material in the Project. The Architect
shall include in specifications that no ACBM shall be used in the construction of the school building and that each
contractor shall certify to the School District and Architect that none was used in the construction; the Architect
shall cooperate with the Owner and the Construction Manager in obtaining such Contractor certifications.

12.14 The Owner reserves the right in its discretion to require consolidation or joinder of mediation arising out of
or relating to this Agreement with anther mediation involving a person or entity not a party to this Agreement, in the
event the Owner believes such consolidation or joinder is necessary.

12.15 In the event the Owner is involved in a dispute which is not subject to mediation involving a person or
entity not a party to this Agreement, the mediation provisions of this Agreement shall be deemed to be void and non-
existent in the event the Owner, in its discretion, determines the other party should become a party to that dispute by
joinder or otherwise.

12.16 In the event of mediation arising out of or relating to this Agreement, the Owner reserves the right to


User Notes: ( 1781809529)

26

require that the mediation hearing be conducted in the general area where the Owners principal place of business is
located.

12.17 Production of original drawings and specifications, as well as all construction bulletin drawings and
specifications in both pdf and a CADD CD-ROM formacceptable to the Owner shall be a part of Basic Services.
Additionally, the Architect shall assemble and deliver all field drawings used for the Project as part of Basic
Services.

12.18 The Architect, without additional cost to the Owner, shall maintain in force insurance coverage as set forth
in Section 2.5. Insurance shall be occurrence-based and shall be maintained in force during the life of the Project
and for a period of no less than twelve (12) months after the relevant date of Substantial Completion of the Project.
The Architect shall notify the Owner thirty (30) days in advance if the coverage becomes unavailable or if the
coverage amount is substantially changed. The Architect shall provide the Owner with certificates of insurance
evidencing the insurance coverage required of the Architect, which certificates shall be attached to the Agreement.
The Owner shall be listed as an additional insured on all applicable insurances.

12.19 The Architect and Construction Manager shall provide the Owner the necessary bidding information and
shall assist the Owner in the preparation of the General Conditions of the contract and the Formof Agreement
Between Owner and Contractor. The referenced documents shall consist of the unabridged AIA contract forms
which the Architect shall modify as necessary to be consistent with this Agreement and the laws of the State of
Michigan, including, but not limited to dispute resolution procedures. The Architect shall include in bid
specifications, and in any of the relevant document provisions indicating that modified version(s) of standard AIA
Owner/Contractor Agreement(s) will be utilized; such contract shall be subject to the Owners approval.

12.20 The Architect will not discriminate against any employee or applicant for employment, to be employed in
the performance of this contract, with respect to hire, tenure, conditions or privilege of employment, or any matter
directly or indirectly related to employment, because of race, age, sex, color, religion, national origin, ancestry or
physical disability. Breach of this covenant may be regarded as a material breach of this contract.

ARTICLE 13 SCOPE OF THE AGREEMENT
13.1This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.

13.2This Agreement is comprised of the following documents listed below:
.1 AIA Document B1322009, Standard FormAgreement Between Owner and Architect,
Construction Manager as Adviser Edition, as modified.
.2 AIA Document E2012007, Digital Data Protocol Exhibit, if completed, or the following:

.3 AIA Document E2022008, Building Information Modeling Protocol Exhibit, if completed, or the
following:

.4 Other documents:
(List other documents, if any, including additional scopes of service forming part of the Agreement.)



User Notes: ( 1781809529)

27

This Agreement is entered into as of the day and year first written above.

OWNER (Signature) ARCHITECT (Signature)

(Printed name and title) (Printed name and title)

Modified: 1/22/14; 10:45 am
EXECUTIVE SUMMARY
PURPOSE:
To set a special Board meeting for the purpose of a Board/Work Study Session
EXPLANATION:
On June 17th at 6:00 p.m. I would like to have a meeting with the Board inclusive
of students, parents and community members to discuss the mission of the
district for the conceptual age instruction along with a facilities vision.
RECOMMENDATION:
It is the recommendation of the Superintendent that a special meeting of the
Adrian Board of Education be held on Tuesday, June 17, 2014 at 6:00p.m. in the
Adrian High School Cafeteria, 785 Riverside Avenue, Adrian, Ml for the purpose
of a Board/Superintendent Work Study Session.
EXECUTIVE SUMMARY
PURPOSE
To approve or disapprove the 2014-15 LISD Budget.
EXPLANATION:
As required by law, by June 1, local school district's must review the proposed
lSD budget, adopt a resolution expressing support for or disapproval of the
proposed budget and if there is disapproval of the budget, the board must submit
objections and proposed changes to the lSD.
Trustee Sheehan, Kathy Westfall and I have reviewed the proposed budget and
on behalf of the district, recommend the Board approve the budget. There were
five areas that Trustee Sheehan questioned during the budget review meeting at
the lSD that would be considered items to watch in the subsequent budget for
2015-16.
The Middle College is a program that the lSD plans to expand next year, even
though it has shifted from the original intent of the program and seems to be in
competition with the local districts.
The Capital Project Funds continue to have large transfers made from the
operating funds, while maintaining high balances. Trustee Sheehan questioned
the long term vision for continuing this practice. He also asked for more
information on the overhead and cost structure of the Career Technical
Education Fund. As many local districts have privatized services, Trustee
Sheehan questioned whether the lSD has looked at a similar model for some of
their services.
The district is appreciative o.f the continued support of Special Ed funding from
the lSD. However, there is still a variance between expenses and funding with a
gap that continues to grow. Trustee Sheehan encouraged the lSD to continue to
review the funding model.
RECOMMENDATION:
It is the recommendation of the Superintendent that the Adrian Board of
Education place the adoption of the attached resolution approving the 2014-15
LISD Budget on the May 19, 2014 agenda.
Adrian Public Schools
Support for Budget

A regular meeting of the Board of Education of the District was held in the Prairie Elementary School Media
Center in the district, on the day of 19th, day of May 2014, at 6:00 o'clock p.m.
The meeting was called to order by President Engle.
Present: Members
Absent: Members
The following preamble and resolution were offered by Member _______ and supported by
Member _______ _
WHEREAS:
1. Section 624 of the Revised School Code, as amended, requires the intermediate school board to submit
its proposed budget not later than May 1 of each year to the board of each constituent district for review;
and
2. Not later than June 1 of each year, the board of each constituent district shall review the proposed
intermediate school district budget, shall adopt a board resolution expressing its support or disapproval of
the proposed intermediate school district budget, and shall submit to the intermediate school board any
specific objections and proposed changes the constituent district has to the budget.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The board of education has reviewed the proposed intermediate school district budget in accordance
with Section 624 of the Revised School Code, as amended, and by the adoption of this resolution,
expresses its support for the proposed intermediate school district budget.
2. The secretary of the board of education or his/her designee shall forward a copy of this resolution to
the intermediate school board or its superintendent no later than June 1, 2014.
3. All resolutions and parts of resolutions insofar as they conflict with the procedures of this resolution
be and the same are hereby rescinded.
Ayes: Members
Nays: Members
Resolution declared adopted.
Deanne A Henagan, Secretary
The undersigned duly qualified and acting Secretary of the Board of Education of the School District of the City of
Adrian, Michigan, hereby certifies that the foregoing is a true and complete copy of the a resolution adopted by
the Board of Education at a regular meeting held on May 19, 2014, the original of which resolution is a part of the
Board's minutes, and further certifies that notice of the meeting was given to the public under the Open Meetings
Act, 1976 PA 267, as amended.
Deanne A. Henagan, Secretary
EXECUTIVE SUMMARY
DATE: May 5, 2014
PURPOSE
Jed Engle
To continue the appointment of Michael Ballard to the Board of Education
EXPLANATION:
On August 19, 2013, Mike Ballard was appointed to the Board to fill the vacancy
created by Randy Fielder's resignation. This appointment is in effect until the
district's next regular election to be held on November 4, 2014.
Mr. Fielder's term was originally set to expire on December 31 , 2014. Beverly
Banning, the district's attorney from Thrun Law Firm, advises the Board should
extend Mr. Ballard's appointment through December 31, 2014 in order to
streamline the election process. There are an additional three - six (6) year terms
that expire on December 31 , 2014.
RECOMMENDATION:
It is the recommendation of the Superintendent and President Engle that the
Adrian Board of Education place the extension of Mike Ballard's term on the next
board meeting for action.
DATE: May 5, 2014
PURPOSE
EXECUTIVE SUMMARY
David Bull
To approve the request for a waiver of the provision, in Early Head Start, of
providing 230 days of center-based classroom sessions, as a part of our required
48 weeks of service.
EXPLANATION:
The Early Head Start grant requires that we provide 230 days of center-based
services to our children and family. Due to the weather this winter we were not
able to do that. We had six cancellations due to poor weather and we were able
to reschedule only four of those. The remaining two days cannot be made up
because we have class scheduled on every available day between now and June
30th. Due to these extenuating circumstances it is required that we seek a waiver
of this requirement for providing 230 days of center-based services.
The Head Start Policy Council will be reviewing this waiver request at their May
meeting on the 12
1
h.
RECOMMENDATION:
It is the recommendation of the Head Start Director that the Adrian Board of
Education place the Early Head Start waiver request on the next Board agenda for
action.
EXECUTIVE SUMMARY
DATE: May 5, 2014
PURPOSE
David Bull
To approve the Head Start Early Childhood Program's Organizational Chart.
EXPLANATION:
The attached organizational chart has been revised. These revisions reflect the
changes that were made with the submission of our basic grant application in April.
The following changes were made:
Added the Early Learning Coordinator position
Added a Clerk position in Early Head Start
Changed the Program Support position to a Family Engagement
Coordinator
Changed the Dietitian position to a Nutrition and Health Coordinator
The changes to the Head Start Early Childhood Program's Organizational Chart
were approved by the Policy Council on April 14, 2014.
RECOMMENDATION:
Education place the Head Start Early Childhood Program's Organizational Chart
on the next Board agenda for action.
Adrian Public Schools Head Start Early Childhood Programs
OrganbationalChart
Lenawee County
Community/Families/Children
APS Board of Education I
Head Start Policy Council
I Human Resource Director
I
I
j
Head Start Director
I
Early Childhood Family &
Development Community
Manager Partnerships
Manager
Family
Teachers f- Teachers f- r- Engagement
Coordinator
Family Family
Support r- Support f-
Coordinators Coordinators
Early - Nutrition -'--- Site
Learning Assistants Clerk
Coordinator
Policy Council Approval: April 14, 2014
Board of Education Approval :
Fiscal Health
Operations Services
Manager Manager
Fiscal Nutrition &
Coordinator Health - f- Teachers
Coordinator
Family
f- Support
Coordinators
Site
_.__
Nutrition
Clerk Assistants
I
Early
Head Start
Manager
Teachers/
f- Teacher
Assistants
Family
f- Support
Coordinators
- Home
Visitors
'-- Site
Clerk
EXECUTIVE SUMMARY
David Bull
PURPOSE
To approve the update to the Head Start Early Childhood Program's Community
Assessment Summary of Significant Findings for 2014-2015.
EXPLANATION:
Head Start regulations require:
1305.3(c) Each Early Head Start and Head Start grantee must conduct a
Community Assessment within its service area once every three years.
The Community Assessment must include the collection and analysis of
the following information about the grantee's Early Head Start or Head
Start area:
(1) The demographic make-up of Head Start eligible children and
families ...
(2) Other child development and child care programs ...
(3) The estimated number of children with disabilities four years old
or younger ...
(4) Data regarding the education, health, nutrition and social
service needs ...
(5) The education, health, nutrition and social service needs of
Head Start eligible children and their families as defined by
families of Head Start eligible children ...
(6) Resources in the community ...
The Community Assessment and subsequent updates are used for developing and
updating the program's strategic plan, basic grant as well as the program's
recruitment plan. Attached is the summary of significant findings.
The Head Start Policy Council reviewed and approved the update to the
Community Assessment Summary of Significant Findings for 2014-2015 on April
14, 2014.
RECOMMENDATION:
Education place the Head Start Early Childhood Program's Community
Assessment Summary of Significant Findings for 2014-2015 on the next Board
agenda for action.
COMMUNITY ASSESSMENT- SUMMARY OF SIGNIFICANT FINDINGS
INTRODUCTION
The Community Assessment for the Adrian Public Schools Head Start Early Childhood
Programs provides an overview of the community in relation to the families which receive
services throughout Lenawee County, Michigan, in the following ways:
Describes the demographics and trends within the county
Compares national, state and local statistics
Combines relevant program data from various sources
Compiles the strengths and needs of Head Start eligible children and families
Gathers pertinent community resource information
Guides program plan development and service delivery
Lenawee County is a county of contrast, geographically and economically. The county is
bordered by Jackson, Hillsdale and Washtenaw Counties and on the south along the Ohio border
in southeastern Michigan. Lenawee County covers 755 square miles, and is situated almost equi-
distance from the cities of Jackson, and Ann Arbor, Michigan, and Toledo, Ohio
CHARACTERISTICS OF THE GENERAL POPULATION
Population Distribution
The population ofLenawee County is slowly changing. As of the 2010 census the population
was 99,892 a 1% increase from the 2000 census when the population was 98,890. This is a gain
of 1,002 people since the 2000 US Census. However, the number of children under five has
decreased as there were only 5,694 children under five living in Lenawee in 2010 compared to
6,252 in 2000. The increase in population is in each age group starting with 45 years and up.
The county is experiencing an aging population.
Employment
The total labor force in Lenawee County has been on the decline since a high in 2006 with
54,205 workers. Job numbers have declined in Lenawee County since reaching an estimated
40,676 in October 2012. Lenawee County lost an estimated 562 jobs in November while 746
workers left the labor force. The January 2013 total was estimated at 39,469. Employment is
estimated down 450 from January last year and the labor force is down an estimated 825 over the
year. The estimate of39,753 employed workers in December was also down from December
2012, when 40,062 employed workers were reported.
Unemployment
As of January 2014 the nation' s unemployment rate was 6.6%, the lowest in four years. This is
the sixth consecutive month that it has fallen, the first time that it has happened since 1994.
Policy Council Approval: April14, 2014
Board Of Education Approval :
According to the U.S Department of Labor the Michigan unemployment rate for December 2013
was 8.4% ranking it as the 48
1
h highest unemployment state.
Race and Ethnicity
The U.S. Census Bureau released a set of estimates showing that 50.4 percent of our nation's
population younger than age one, were minorities as of July 1, 2011. This is up from 49.5
percent from the 2010 Census taken April 1, 2010. A minority is anyone who is not single-race
white and not Hispanic. The population younger than age 5 was 49.7 percent minority in 2011 ,
up from 49.0 percent in 2010.
Nationally, the most populous minority group remains Hispanics, who numbered 52 million in
2011; they also were the fastest growing, with their population increasing by 3.1 percent since
2010. This boosted the Hispanic share of the nation's total population to 16.7 percent in 2011, up
from 16.3 percent in 2010
Housing
Home foreclosures in Michigan are down significantly from a year ago, but the thousands of
homeowners who are in some phase of defaulting on their mortgages remain high enough to rank
the state as 9th-worst in the nation for foreclosures.
Total new foreclosures was up slightly from January, but down by a third from February 2012.
The number of homes seized by banks increased by nearly 30 percent from the previous month
but still was down significantly compared with a year ago. The number of Michigan families
who lost their homes in foreclosures dropped to fewer than 45,000 during 2013, a decline of 43
percent from 2012 and down 57 percent from 2011.
In Lenawee County, there were 716 foreclosures in 2008, 603 foreclosures in 2009 and 718
foreclosures in 2010. As of January 2013, Lenawee had 1,268 foreclosures with 550 homes for
sale. From January 2013 to January 2014, Lenawee had 338 foreclosures with 446 homes for
sale.
Eligibility, Recruitment, Selection, Enrollment, Attendance
The recruitment of children encompasses all of Lena wee County. In 201 0, the total number of
children five and under in the county was 6,878. The child poverty level rate for children under
age five (5) in poverty for the state of Michigan has been noted at 23%. This translates into
approximately 1,582 children ages birth to five living in families who are potentially eligible for
Head Start services.
Child Poverty
Poverty is a critical issue facing many families with young children. Families with poverty level
incomes struggle to afford housing and transportation and young children living in families with
incomes below poverty are at high risk of not having most basic needs met. In 2012, 22% of the
Policy Council Approval : April14, 2014
nation' s children were living in poverty, in Michigan 25% were. The child poverty rate (all
children ages 0-17) in Lena wee County in 2011 was 18%.
CHILD CARE SERVICES AVAILABLE IN THE PROGRAM AREA
As ofMarch 2014, Lenawee County had a licensed capacity of3,611 for children birth to twelve
years. There are 778 licensed spaces for in home day care together with 2,833 licensed spaces for
children in day care centers for children birth to 12 years.
There were 53 licensed day care centers in Lenawee County as March 2014. Ofthose 38 are full
day child care centers, and 36 are pre-schools, and 16 are school-age programs. As of2013, the
Head Start program provides 381 or 13% of the licensed spaces in the county. Service is
provided in the following communities: Adrian, Addison, Hudson, Onsted, and Tecumseh.
The average cost of a day care center program in the nation is $972/month with an annual
average cost of$11,666. The average cost of a day care center program in Michigan in 2012 was
$194.5/week for an infant and $152.5 for a four year old with the average annual cost of child
care for one child $9,022. The average cost of a day care center program as of2013 for Lenawee
County ranges from $115.00 to $145.00 per week, depending on the child's age for full day care
making the average annual cost of child care for one child up to $7,540, or 49% of minimum
wage worker's income. In contrast, families earning $50,000 or more pay only 15% of their
earnings for child care.
CHILDREN WITH DISABILITIES
Over 13,000 Lenawee residents or 13% of our county population are severely impaired.
Even though the number of persons with disabilities is decreasing and it is estimated that 20% of
Lenawee residents will be born with or become permanently disabled.
In 2009-10 the total number serviced by the LISD age's birth to 26 years with a disability in
Lenawee County was 1913. This was an increase of 143 students from 2008-2009. According
to Kids Count, in Lena wee County in 2012, there were 2,273 ages birth to 26 year with a
disability. In 2012-13, the total number serviced by the LISD age' s 5-26 years with a disability in
Lenawee County was 2090.
In addition, the LISD services all children ages birth to three through the Early On Program. In
June 2012, there were 140 children receiving services from Early On, in 2012-13 there were 117
students that received services through Early On. The LISD is able to service county students
facing the most challenges and difficulties through various programs including those at the
Lenawee P.R.E.P. Academy, Boysville, Maurice Spears Campus, the Porter Center, and the
Laura Haviland program.
CHARACTERISTICS OF THE POPULATION SERVED (As defined by the community)
Education
Funding public school education in Michigan is directly tied to school enrollment. The blended
count now consists of 90% of the fall count and 1 0% of the previous spring's count where as in
the past; it was 75% and 25% respectively. Because of this every school district is concerned
about future enrollment trends. Under the new formula, districts with declining enrollment stand
to lose money, while those adding students each school year will get more funding.
For Adrian Public Schools, 2012-2013 marked the 17th consecutive year that enrollment
decreased. The final2011-12 count showed a decrease of241 students from the 2010-11 final
count. The fmal count 2011-12 also shows Lenawee County eleven school districts at 15,804
children. That is a decrease 2,982 students from 10 years ago. The count did show that the trend
oflosing between 400 and 500 students per year is declining. However in the 2013-14 the total
countywide K-12 public school count shows a decrease of300.35 FTE from last fall's audited
count. Since the fall of2003, public school enrollment has decreased by 2883.41 FTE.
Nearly 25,000 young people drop out of Michigan high schools each year. Many do not return to
complete their credential. A fourth of Michigan's high school students are not graduating in four
years. Nationally, 30% of high school students are not graduating in four years. In Lenawee
County, Adrian had the lowest reported graduation rate for 2011-12 at 67.24%, in 2012-2013
that rate went up to 78.2%. Britton/Deerfield and Blissfield had the highest graduation rates of
above 95% while the rest of the districts in the county reported graduation rates of above 80%.
Health
Access to care is a concern for Lenawee County residents, as identified in the "Lenawee Great
Start Collaborative" Strategic Plani. According to the University of Wisconsin's Population
Health Institute report in 2013,ii Lenawee ranks 56
1
h out of 82 counties under the "clinical care
factor"; which measures access to care and quality of care. It is a decline in the rankings from
53 rd in 2012 and 34th in 2011. Residents here do fare better than two other similar neighboring
counties (Hillsdale ranks 72"d & Monroe is 73rd). In 2012, the Michigan Medicaid health plans
began to be administered by United Healthcare Community Plan and Meridian Health Plan,
formally Great Lakes Health Plan and Health Plan of Michigan, respectively. Fourteen (14)
Pediatricians in Lena wee County accepted Medicaid through one of these health plans iii. Many
of the Pediatricians were accepting new patients with the Meridian Health Plan; however, only
four (4) were accepting new patients with United Healthcare. The overall number of 14 is an
increase from 2011, with only ten (10) Pediatricians accepting Medicaid plans during that year.
In 2010, there were eleven (11) Pediatricians that accepted Medicaid.
Typically only 20% of low-income children receive dental treatment; on a national level of Head
Start programs, this number is considerably higher at 81% in 2012, and 90% for Lenawee
County in 2012-2013 school years. In our program, the number of preschool children [needing
dental treatment] who received dental services were 90% in the 2012-2013 school years, 100%
in 2012, 99% in 2011, and 99% in 2010.
For the population we serve, it is significant to note that the 2012-13 rate for children under the
age of 5 with health insurance was quite high at 98%. However, the rate without insurance
dramatically increases for this same age group from low income families, most recently found to
be 14%. Among all children in Michigan, 39.8% were enrolled in Medicaid in 2011, a slight
decrease from 40.7% in 2010. For Lenawee County, 39.3% are on Medicaid which has also seen
a steady increase from 2007 at 30.6%.
The 2011, Lena wee County Health Assessment found the rates of Lena wee children ages birth to
five with asthma (17%) was higher than state (13%) and national (9%) averages. A contributing
factor to asthma is environmental air quality. Lenawee ranks somewhat poorly for this health
factor at 58th out of 82 counties.
Michigan has one of the highest infant mortality rates in the nation, ranking the 13th worst state
for the rate (7 .1) of infant deaths in 2010 (up from a rank of 15th in 2009). Lena wee County has
an even higher rate than the state of Michigan at 10.5 and this rate not only doubled since 2006,
there has been a significant increase just since 2009. This is considerably alarming since the rate
has decreased across the state in the same time period. The national rate in 2010 was 6.1 deaths
per 1,000; a decline from 2008 at 6.6.
Lenawee County has approximately 700 children (0-5) identified with social-emotional deficits,
but only 2% are being served. Nationally this number is still under 10%. Also according to
national statistics, 1 in 5 children enter school without the skills to join in play, make and keep
friends, and interact positively with their peers. One in three Michigan children enters
kindergarten with previously unidentified health, socio-emotional, developmental or learning
problems.
Nutrition
The number of children in Lenawee County receiving free or reduced lunches increased from
30.5% in 2007 to 43.9% in 201iv. This increase is significant considering there has been a drop
in school enrollment of over 1 ,000 students in the last 4 years.
Despite the recent changes to make WIC benefits more accessible, many program parents report
they are not on WIC even though they would be eligible. Less than 50% of our Head Start
families receive WIC services and this number has been relatively unchanged over the last 4
years. However, there has been a higher utilization among Early Head Start families.
Body Mass Index (BMI) is a number calculated from a person's weight and height. BMI provides
a reliable indicator of body fatness for most people and is used to screen for weight categories
that may lead to health problems. In 2008, 28.9% of Michigan adults are overweight. In
201112012, 47% oflow-income, preschool-aged children were considered either overweight or
obese; specifically 14.2% had a BMI in the 95th percentile or above. While the majority of
Michigan's prevalence is estimated to be between 10-15%, the prevalence in Lenawee County is
estimated to be between 15-20%. However, this number is considerably higher in our program
with 36% of preschool children with a BMI in the 85th percentile or higher. Michigan ranks 25th
in overall prevalence with 30.6% of all children considered overweight or obese.
Family Services
Each year, hundreds of thousands of children suffer abuse or neglect. In most cases, the abuser is
someone known to the child-a parent, family member, teacher, or regular caregiver. Survivors
are at increased risk for smoking, alcoholism, drug abuse, depression, suicide, and other negative
health outcomes. The National Center for Injury Prevention and Control reports that children
younger than 4 years are at greatest risk or severe injury or death. Reports of child abuse and
neglect have increased drastically in Lenawee County. 1,596 children in the county were part of
families being investigated for abuse and neglect in 2010 up from, 1,069 in 2005. In 2011 the
number of confirmed cases of child abuse and neglect of children ages zero to five in the county
was 122.
In 2010, Lenawee Emergency and Affordable Housing Corporation (LEAHC) paid 529 rent or
mortgage bills for 572 adults with 564 children. There were 5,205 individuals receiving housing
referrals from LEAHC the same year, an increase of 53% from 2009.
In 2010 the Emergency Shelter Program provided 6,606 emergency shelter nights and extended
service to 1 0 families with 24 children with no cost to the participants. 7,518 meals were
provided for people in housing crisis. Twelve Lenawee County Veterans received assistance.
According to the Institute for Children and Poverty children make up 43% of the homelessness
population. Homeless children get sick four times as often as other children and they go to bed
hungry twice as often. Most homeless families are made up of a young single mother with two
children and 1/3 of all homeless mothers attempt suicide. The Homeless Liaison for Lenawee
County served 414 students in 2008-2009 an increase of 130 students from the previous year. Of
those served, 25 were preschoolers enrolled in Head Start. In 2010-2011, 603 students were
served with 54 being enrolled in Head Start. In 2012-2013, 704 students were served with 40
being enrolled in Head Start.
PROFILE OF ADRIAN HEAD START FAMILIES (as defmed by program children & families)
Ethnicity and Race
The number of program children who are Hispanic have increased while Non-Hispanic numbers
have decreased. This is reflective of the communities served. However, our 2012-2013 program
enrollment was comprised of 50% Hispanic ethnicity while the county's percentage of Hispanic
ethnicity was 7.6%.
While more than 90% of Michigan residents speak English at home, the most recent
U.S. Census figures indicate an increase in the number of the state' s population ages
five (5) and older who spoke a language other than English from 6.6% in 1990 to 8.4% in 2000
and 9% in 2008-2012. The primary language spoken throughout Lenawee County is English.
Spanish is the second most common language and was the primary language spoken by 2.4% of
program families in 2012-2013 compared to 5.4% the previous year.
Educational Assessments & Child Outcomes
The Brigance Head Start Screen is used for screening and assessment purposes. In 2012, a total
of362 preschoolers receive a Brigance developmental screening. Of those children, 264
received an "average" score. Of 98 preschoolers receiving a "below average" score, 31 did not
respond to classroom interventions and were referred to the Student Assistance Team and 11
were referred for services.
In 2012, a total of88 infants and toddlers received an Early Head Start Brigance developmental
screening. Of those children, 67 received an "average" score. 21 infants and toddlers received a
"below-average" at risk score. 18 of those children were referred to Early-On.
Ages and Stages: Social Emotional Questionnaire is designed to screen young children for
concerns over their social emotional development in order to identify those children who are in
need of further evaluation. In 2011-12, 526 (77%) questionnaires were completed by Head Start
and Early Head Start parents. 34 children in Head Start and three children in Early Head Start
were referred to the program Behavioral Specialist. Five children in Head Start where referred to
other agencies as a result of this screening.
Measuring child growth and development was an important part of the Head Start choice of High
Scope as a curriculum. Tracking children' s progress in our program is defined by the COR
(Child Outcomes Reporter). In the beginning of each year, children scores range in the 2.5 mark.
At the end of the 2012-13 school-years, children' s scores range in the 4.0 mark.
Health/Nutrition/Mental Health
The number of families on WIC is 45%; although this number has been pretty steady, our
program has maintained less than 50% of families receiving WIC benefits. This is particularly
concerning when nearly 90% of program families would be eligible. In 2012-2013 we had a total
of 183 families utilizing the WIC program.
The number of Head Start children receiving treatment for Asthma jumped significantly during
the 2010-11 school year with a 61% increase from the previous year and has continued to rise
with 21 kids under care for asthma in 2011-2012. In the 2012-2013 school years, the number
went down to 1 7 kids under care for asthma.
The number of Head Start children receiving individual mental health assessments had been
decreasing as of 2009 and then this number had spiked 60% the following year. Rates show a
slight decline to 31 (2011-12) children from 35 (2010-11). Program year 2010-2011 also had a
high number of infants/toddlers receiving a mental health assessment. In 2012-13 school years
the number went up slightly to 32 HS children and 4 EHS children receiving an assessment.
Disabilities
The majority of program preschool children with an identified disability are expected to receive
speech and language services. In 2011-2012, 16 children were identified as having a disability
before entering the program while 33 were identified during the school year, this number
decreased by very little in 2012-2013 to 15 identified before the program year to 32 during the
school year.
Infants and toddlers, who are suspected of having a delay, are promptly referred to Early On.
When Early On identifies a child as having a developmental delay, then an Individualized
Family Service Plan (IFSP) is developed. In 2011-2012, seven infants and toddlers had an IFSP
before entering the program while 15 were identified during the program year, in 2012-2013 the
number was 10 before and 10 during the school year.
Family Services
The number of reported cases of child abuse/neglect reached a high of 20 for the 2008-2009
program years. The amount of reports was less in subsequent years however, in the 2012-2013
school years, there were 35 cases reported making it the highest in all the school years since
2005-2006. So far in the 2013-2014 school years as of2/28/ 14 there had been only 5 reported
cases.
In 2011-2012, 41% of our program households did not have an employed parent. While this is
decreased 2% from 2010-2011, it is still the highest number since tracking began in 2005-2006.
In the 2012-2013 school years however, the number went down slightly and 37% of our program
households did not have an employed parent.
Over the 2006-2013 years, it has been pretty steady for requests in all areas. In 2011-2012, all
requests for services increase drastically with exception of job training and child abuse and
neglect. In the 2012-2013 years there was an increase in all areas of service requests.
Head Start eligible families are more likely to rent a home then to own their home. This means
that many children coming into our program have already experienced many moves and will
experience more in the course of the school year. The number of program homeless families and
children is increasing, from 2% in 2005-06 to 11% in 2011-2012. The number of families
acquiring housing has decreased for that same time period from 88% to 67%. In 2012-13 the
number of homeless families served was 34 with 41 children and during the year 23 families
acquired housing.
COMMUNITY RESOURCES
The Family Resource Guide is updated on a yearly basis and is distributed to families together
with the Parent Handbook and Program Calendar. The Family Resource Guide is provided to help
program families become more familiar with resources and services available in Lenawee County
and Michigan. Information in the resource guide is divided into sections in order for families to
locate resources easier. Topics included in the resource guide include but are not limited to the
following: Adult Education, Child Care, Clothing, Domestic Violence, Employment, Family
Health, Nutrition, Substance Abuse, and Transportation. Availability, accessibility, and cost of
services are included when available.
Additional resources are available on line at www.lenaweeunitedway.org through the Lenawee
United Way Human Services Directory. Parents are advised to contact their Family Support
Coordinator for additional assistance.
COMMUNITY ASSESSMENT- USE OF SIGNIFICANT FINDINGS
The Community Assessment was the basis for planning within our program and has been used in
the following manner:
By the Strategic Planning Team to develop our three year long term goals
By the Grant Team to:
o Develop program options and services
o Develop program objectives
o Reaffirm that our service area should remain Lenawee County
o Reaffirm the location of our centers
By the Recruitment Team to identify risk factors for school failure in the recruitment and
selection process
By focus groups, made up of staff, parents and community members to assist in
prioritizing issues for use in short and long term planning.
By the Management Team in the development of the program approach narrative
including short range expectations.
i Lenawee Great Start Collaborative - Strategic Plan,
http://www.lenaweegreatstart.org/downloads/LGS Strategic Plan-R.pdf
ii University of Wisconsin Population Health Institute: 2012 County Health Rankings,
http://www.countyhealthrankings.org/michigan
iii United Healthcare Community Plan, http://www.uhccommunityplan.com/plan/state/MI!index
and Meridian Health Plan, http://www.mhplan.com/mi/
iv Kids Count
EXECUTIVE SUMMARY
DATE: May 5, 2014
PURPOSE
David Bull
To approve the Self-Assessment Report for 2013-2014 for the Head Start Early
Childhood Programs.
EXPLANATION:
Head Start regulations require:
1304.51(i) Program self-assessment and monitoring
(1) At lease once each program year, with the consultation and
participation of the policy groups and, as appropriate, other community
members, grantee and delegate agencies must conduct a self-assessment
of their effectiveness and progress in meeting program goals and
objectives and in implementing Federal regulations.
Continuous quality improvement is a core theme of our Head Start Early Childhood
programs, with the goal of meeting the Performance Standards and moving toward
program excellence. As part of this process, and as required by Head Start
regulations, the annual self-assessment provides us with the means to regularly
assess our own program operations and management systems in order to
continually strengthen our program and the services delivered to children and
families.
We have completed this year's self-assessment and identified 16 issues to deal
with. Our response to these issues is included, with a timeline for completion, in
the attached report.
The Head Start Policy Council reviewed and approved the Self-Assessment
Report for the Head Start Early Childhood Programs on April 14, 2014.
RECOMMENDATION:
Education place the Head Start Early Childhood Program's Self-Assessment
Report on the next Board agenda for action.
ADRIAN PUBLIC SCHOOLS HEAD START EARLY CHILDHOOD PROGRAMS
Self Assessment Process & Report 2013-2014
The Self Assessment process was conducted January 20, 2014 through March 11, 2014. The
process was led by Amy Brenner, Fiscal Operations Manager and included participation by each
manager and the director. The involvement of participants, the timelines, the tools used, the
fmdings and the response to those findings are documented, as follows.
Self Assessment Team
The Self Assessment was conducted in a manner similar to the experience the program has had
with Federal Reviews in that a team with specific duties was assembled to work independently as
well as together. Group Leaders included: Margaret Randolph, Early Child Development
Manager; Cassandra Turner, Early Head Start Manager; David Bull, Director; Pamela Winter,
Family and Community Partnerships Manager, and Amy Brenner, Fiscal Operations Manager.
Team Assignments
Groug Leader Title
Peggy Early Child
Randolph Development
Manager
Pamela Winter Family &
Community
Partnerships
Manager
Amy Brenner Fiscal
Operations
Manager
Policy Council Approval : April14, 2014
Review Areas Reviewers of Each Area
Child Health & Safety Heidi Emerson, Teacher
Child Health & Alysia Emery, Teacher
Development
Mental Health
Nutrition
Human Resources JoAnn Leupp, Teacher
Management Systems
Program Governance Amanda DelMonico, FSC
Open Competition
Early Childhood Dev
School Readiness/CLASS
Transition/K -12 Alignment
Disabilities
Cassandra Early Head Start Fiscal Nancy Roback, FSC
Turner Manager
Group Leader Title Review Areas Reviewers of Each Area
David Bull Director Enrollment, Recruitment, Amanda DelMonico, FSC/
Selection, Eligibility & Deb Sherman, FSC
Attendance
Facilities, Materials &
Equipment
Transportation
Anthony Honeywell, HV
Tiffany Robinson, HV
Family & Community
Partnerships
Preparation Activities
The following activities were completed prior to the initial team meeting:
Activitv Person Involved
Child File Review- Deb Sherman, FSC
13 files, one from
each Family Support
Coordinator & Home
Visitors caseload
February 4, 2014
Transportation- Bus Tiffany Robinson,
Ride Home Visitor
February 6, 2014
Board Of Education Approval:
Tool Used Details
Checklist- Files represented:
developed using the first year children,
program's child file second year children,
review form and the EHS, children with
Child/Family File disabilities or mental
Audit from Preparing health issues
For Self Assessment
Stage 2 Early
Childhood Learning
& Knowledge Center
(ECLKC)
Transportation Bus ride observation
Checklist - Stage 2 completed & an
Booklet 17 (ECLKC) interview of the bus
& OHS Monitoring driver & bus monitor.
Protocol2010
Activity Person Involved Tool Used Details
Transportation- Anthony Honeywell, FY2011 OHS The program
Monitoring Home Visitor Monitoring Guide: Manager and the
Transportation Contracted Vendor
February 4, 2014
Services were interviewed.
Eligibility Amanda Delmonico, Program generated Income verification,
Verification - 13 files FSC checklist similar to method of
theECLKC documentation, staff
January 31,2014
Child/Family File signatures and correct
Audit calculations were
verified.
Health & Safety Danya Reiser, Parent CATscan- Included observations
Checklist ttas@WKU tool and staff interviews.
February 4-7,2013 ECLKC - Stage 2
Completed program
Safety Checklists
booklet 17
were also reviewed.
Policy Council Amanda Delmonico, ECLKC - Stage 2 All members present
Interview FSC booklet 1 at the meeting were
February 10, 2014
interviewed including
a member of the
Governing Body.
CLASS Observation Deana Smith, CLASS Six classrooms were
Checklists Consultant observed and scored.
Fall2013
All three Managers
have been trained and
are reliable in
CLASS.
Self Assessment Team Methodology
The team used the TT AS@ WKU' s Self Assessment CA Tscan tool that was generated in
response to the release of the 2012 Monitoring Protocol. An opening meeting on February 4,
2014 was attended by group leaders and began the official Self Assessment review of the
program. Each member then worked independently on interviewing management and key staff;
reviewing program policy and procedure; reviewing the applicable pre-Self Assessment activity
data; and observations. Sharing of information between team members also occurred to
minimize duplicate efforts. Each group leader completed a report for the areas that they were
responsible for reviewing and attended a closing session on March 11 , 2013 to report out the
fmdings to the entire team.
Management Response to Self-Assessment
The Management Team, consisting of: David Bull, Director; Amy Brenner, Fiscal Operations
Manager; Margaret Randolph, Early Childhood Development Manager; Cassandra Turner, Early
Head Start Manager and Pamela Winter, Family and Community Partnerships Manager,
reviewed the results of the Self Assessment as presented by the team. All weaknesses, areas of
improvement and recommendations were considered and responses were generated which
included an action, a person responsible and a timeline for completion.
Self Assessment Results
For purposes of reporting, each area reviewed was to be reported on the strengths, weaknesses,
areas of improvement and suggestions. These were defined as: Strengths- the program not only
met the Performance Standards & Head Start Act but exceeds them; Weaknesses -the program
meets the Performance Standards & the Head Start Act but in the future emphasis should be
placed on making it stronger; Areas of Improvement - the program should address as this may be
a potential fmding in the next Federal Review if changes aren' t made; Recommendations-
things to consider to further strengthen the program. Areas are reported in order of Performance
Standards.
Self-Assessment Report & Response
1304.2 - Child Health and Developmental Services
Strengths:
All staff are knowledgeable of written and verbal policies and procedures. They are readily able
to locate and explain where the information is located.
Weaknesses:
Growth assessment concerns are entered into Childplus by Family Support Coordinators, yet
there is no review or follow up by a health professional. The one referral other than to the
child's pediatrician is no longer offering the service.
Response: Health Manager applicants are being solicited with a requirement of a degree and
experience in Public or Community Health. This requirement has made the process take longer
than anticipated but is necessary to meet the Performance Standards.
Person Responsible: David Bull, Director
Timeline: June 2014
Areas of Improvement:
There has been a vacancy in the Health Services Manager position since the end of August 2013.
History has been that this position was filled with a person that did not have health services
experience or education.
Timeline: June 2014
Recommendations:
None
1304.21 -Education and Early Childhood Development (includes School Readiness,
Transition and K-12 Alignment, CLASS)
Strengths:
CLASS scores not only met the federal regulations but in many domains they exceeded them.
Weaknesses:
The physical/health development school readiness goal focuses on the developmental but not the
physical.
Response: The Policy Council education committee will review and update the School
Readiness Goals to ensure that they are appropriate and conducive to the desire outcomes.
Person Responsible: Peggy Randolph, Early Childhood Development Manager
Timeline: April 2014
In EHS, the Brigance does not highlight speech issues that infants and toddlers may potentially
have.
Response: Current language screening tools will be explored, with the goal of identifying and
implementing a screening tool to be used in Early Head Start for the next program year.
Person Responsible: Cassandra Turner, Early Head Start Manager
Timeline: July 2014
None
Recommendations:
None
1304.22 - Child Health and Safety
Strengths:
All education staff are trained on how to complete a Playground Safety Checklist and how to
data enter into Childplus.
Policy Council Approval: Aprill4, 2014
Weaknesses:
None
None
Recommendations:
None
1304.23- Child Nutrition
Strengths:
The program provides breakfast to single site locations to ensure the nutritional value of the food
children are consuming.
Weaknesses:
A Nutrition Assessment is completed for each child and are entered into Childplus by Family
Support Coordinators, yet there is no review or follow up by a health professional.
Response: A contract is in place with a local registered dietitian that includes the review of all
Nutrition Assessments, follow-up, and staff and parent training. These services will begin with
the new enrollment year.
Person Responsible: Fiscal Operations Manager, Amy Brenner
Timeline: July 2014
Timeline: June 2014
Recommendations:
None
1304.24 - Child Mental Health
Strengths:
There is a mental health specialist on staff who provides training; whole class and individual
observations; parent involvement and classroom plans.
Weaknesses:
The Student Assistance Team (SAT) process for mental health is not understood by all staff
members.
Response: Staff members will receive training prior to the start of classes in the next program
year.
Timeline: September 2014
There were inconsistencies in the administering of the Ages and Stages Questionnaire: Socail
Emotional (ASQ:SE) by teachers.
Response: All teachers will be trained in the proper administration of the ASQ prior to the start
of home visits for the next program year.
Timeline: August 2014
None
Recommendations:
None
1304.4 Family & Community partnerships
Strengths:
Goal setting procedures are more defined resulting in a great number of families identifying and
targeting areas in their lives that they want to improve.
Parents are becoming more involved in attending events that provide opportunities for them to
share their Head Start experiences with the community.
Weaknesses:
Agencies have reconfigured and Head Start has not been involved in the process reducing our
program's link to the community.
Response: Staff members will be given the opportunity to participate in community meetings in
which they then report back Staff will also be given more information on community advocacy.
Person Responsible: Pamela Winter, Family & Community Partnerships Manager
Timeline: December 2014
Child files were contained missing or incomplete forms and there was an inconsistency as to
whether forms were scanned or hard copy from file to file.
Response: A methodology will be identified for child information documentation storage and
archival prior to the start of the next program year.
Person Responsible: Management Team
Timeline: July 2014
None
Recommendations:
There are no fathers or male figures that show interest in furthering Male Involvement in our
program. A focus on engaging staff and parents in a fatherhood initiative should be put in place.
Response: Provide a Fatherhood speaker early in the program year to present how to
encourage males to becoming involved to both staff and families.
Person Responsible: Pamela Winter, Family & Community Partnerships Manger
Timeline: December 2014
1304.50 - Program Governance
Strengths:
None
Weaknesses:
Policy Council representatives do not have a connection with the parents that they represent
through parent committee meetings (Family Day). Representatives do not regularly share
information from Policy Council meetings nor do they bring information or input back to
meetings from the other parents.
Response: Family Information Visits (FIV) and home visits will both stress that part of the
commitment of being a Policy Council representative is that they not only attend the monthly
meetings but that they attend the parent meetings as well.
Person Responsible: Pamela Winter, Family & Community Partnerships Manager
Timeline: November 2014
None
Recommendations:
Policy Council representatives should be supported in encouraging parents from their classroom
to become more involved in the program.
Response: The Policy Council orientation and handbook will be updated to include specific
information and ways for representative to encourage parent participation.
Timeline: November 2014
1304.51-52- Management Systems and Procedures, Human Resource Management &
Head Start Act- Sec 637 (21) and Sec 648a2
Strengths:
The program meets and exceeds the expectation for degree staff in each classroom.
The program has a commitment to high quality experiences for children by supporting each
classroom with a High Scope certified teacher.
Support is provided for Spanish speaking children and families by providing bilingual classroom
and support staff at multi-sites.
Weaknesses:
None
Timeline: June 2014
Recommendations:
None
1304.53 - Facilities, Materials, and Equipment
Strengths:
Safety Inspections are completed on all sites and classrooms with all documentation, corrective
action plans and follow up entered in Childplus. They are also incorporated into classroom
observations, nutrition reviews and site visits.
Weaknesses:
None
None
Recommendations:
None
1305 - Eligibility, Recruitment, Selection, Enrollment and Attendance
Strengths:
There is a community effort to create a county-wide interest survey for preschool children which
may assist in recruiting Head Start eligible children.
Weaknesses:
None
None
Recommendations:
None
1308 - Disabilities
Strengths:
There is a strong collaboration with the Lenawee Intermediate School District. The program has
streamlined the Request for Evaluation process through the Student Assistance Team (SAT),
resulting in children being qualified and receiving services in a more timely and efficient
manner.
Weaknesses:
None
None
Recommendations:
Simplify the instructions for data entry of Disabilities in Childplus.
Response: The procedure will be reviewed and updated. Staff will be trained on any changes.
Person Responsible: Peggy Randolph, Early Childhood Manager
1310- Transportation
Strengths:
The school district has a contract in place for transportation services. The provider (First
Student) works closely with the program to meet all of the Head Start regulations.
Weaknesses:
None
None
Recommendations:
None
Fiscal
Strengths:
The program is in the process of implementing an electronic archival system for all records.
The checks and balances have multiple layers and are well defined in policies and procedures.
Weaknesses:
While the non-federal share is documented and accounted for properly, the current total amount
is an issue. Compared to previous years the program has not generated an amount that is
proportionate to this point of the year.
Response: The Inkind Plan and Inkind Goals will be reviewed and updated to be more specific
and include specific staff activities that will take place throughout the year to ensure that inkind
is generated in a more consistent manner.
Person Responsible: Amy Brenner, Fiscal Operations Manager
None
Recommendations:
None

Adrian School Board Meeting For May 5, 2014

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