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Board of Education Notice of Meeting & Agenda BOARD OF EDUCATION REGULAR MEETING Board Room, 215 S. EAGLE STREET, Oshkosh, WI WEDNESDAY, FEBRUARY 8, 2012 6:00 P.M. Page 1 of 1 Upon request, reasonable auxiliary aids and services will be provided for individuals with disabilities. If accommodations are required, please provide 24-hour notice by calling 424-0120. COMPLIANCE WITH OPEN MEETING LAW NOTIFICATION [§19.84(2) Wis. Stats.] ROLL CALL - Verification of Quorum. PLEDGE OF ALLEGIANCE – LAKESIDE ELEMENTARY – THE WOLF DEN BOY SCOUT PACK 3657 - MAXWELL CARLIN, JACE GRESSER, BRIAN GRANT, EZRA JANNESS, AN’GEL NEWELL AND CONNER PARKS NON-AGENDA RELATED PUBLIC FORUM AGENDA RELATED PUBLIC FORUM BOARD/ADMINISTRATIVE REPORTS 1. Superintendent’s Report 2. Board President’s Report 3. Other Reports (Committee chairs will notify Board President if they have a report to give) CONSENT RESOLUTION AGENDA For the consent agenda, the board has been furnished with background material on each item or has discussed it at a previous meeting. These will be acted upon with one vote without discussion. If a board member wants to discuss any item, it will be pulled out of the consent agenda and will be voted on separately. The Board will consider approval of: 1. Minutes of Board Meeting – January 25, 2012 2. Minutes of Executive Session – January 27, 2012 3. Bills Payable 4. Personnel a. Appointments, Temporary Appointments, Co-Curricular Appointments, Change of Assignments, Resignations, Retirements and Salary Schedule 5. Policy 121 (NEW) Board Self-Evaluation 6. Policy 155 (NEW) TIF Board Representation 7. Pursuit of Early Retirement Reinsurance Program (ERRP) Funds and Engagement of Legal Counsel 8. Curriculum Materials for Photography I 9. RFP for Superintendent Search INDIVIDUALLY CONSIDERED RESOLUTION(S) 10. Waiving the Bid Process for Re-drawing District Boundaries in the Event the Oaklawn Referendum Does Not Pass 11. Budget Reconciliation REQUEST FOR FUTURE AGENDA ITEMS ANNOUNCEMENTS ADJOURN

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Page 1: Board of Education Notice of Meeting & Agenda BOARD OF ... · Feb. 22 Res. Summer School Program Clarksen II. LONG RANGE FUTURE AGENDA ITEMS March EXEC NTEA and NTEA‐FSU Bargaining

Board of Education Notice of Meeting & Agenda

B O A R D O F E D U C A T I O N R E G U L A R M E E T I N G Board Room, 215 S. EAGLE STREET, Oshkosh, WI

WEDNESDAY, FEBRUARY 8, 2012 6:00 P.M.

Page1of1

Upon request, reasonable auxiliary aids and services will be provided for individuals with disabilities.

If accommodations are required, please provide 24-hour notice by calling 424-0120.

COMPLIANCE WITH OPEN MEETING LAW NOTIFICATION [§19.84(2) Wis. Stats.]

ROLL CALL - Verification of Quorum.

PLEDGE OF ALLEGIANCE – LAKESIDE ELEMENTARY – THE WOLF DEN BOY SCOUT PACK 3657 - MAXWELL CARLIN, JACE GRESSER, BRIAN GRANT, EZRA JANNESS, AN’GEL NEWELL AND CONNER PARKS

NON-AGENDA RELATED PUBLIC FORUM

AGENDA RELATED PUBLIC FORUM

BOARD/ADMINISTRATIVE REPORTS 1. Superintendent’s Report 2. Board President’s Report 3. Other Reports (Committee chairs will notify Board President if they have a report to give)

CONSENT RESOLUTION AGENDA For the consent agenda, the board has been furnished with background material on each item or has discussed it at a previous meeting. These will be acted upon with one vote without discussion. If a board member wants to discuss any item, it will be pulled out of the consent agenda and will be voted on separately. The Board will consider approval of: 1. Minutes of Board Meeting – January 25, 2012 2. Minutes of Executive Session – January 27, 2012 3. Bills Payable 4. Personnel

a. Appointments, Temporary Appointments, Co-Curricular Appointments, Change of Assignments, Resignations, Retirements and Salary Schedule

5. Policy 121 (NEW) Board Self-Evaluation 6. Policy 155 (NEW) TIF Board Representation 7. Pursuit of Early Retirement Reinsurance Program (ERRP) Funds and Engagement of Legal Counsel 8. Curriculum Materials for Photography I 9. RFP for Superintendent Search

INDIVIDUALLY CONSIDERED RESOLUTION(S) 10. Waiving the Bid Process for Re-drawing District Boundaries in the Event the Oaklawn Referendum Does Not Pass 11. Budget Reconciliation

REQUEST FOR FUTURE AGENDA ITEMS

ANNOUNCEMENTS

ADJOURN

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DRAFT BOARD OF EDUCATION - OSHKOSH AREA SCHOOL DISTRICT

2/8/12 Ad = Admin. Ex. = Executive Session Res. = Resolution W = Workshop Rpt = Report Ret. = Retreat

DATE

TYPE

DESCRIPTION

PRESENTER

I. SHORT RANGE FUTURE AGENDA ITEMS Feb.22 Res. FinalNoticesofNon‐RenewalforTeachers HRFeb.22 Res. SummerSchoolProgram Clarksen

II. LONGRANGEFUTUREAGENDAITEMSMarch EXEC NTEAandNTEA‐FSUBargaining HRMar.28 EXEC PreliminaryNoticeofNon‐RenewalsforTeachers HRApril Res. TeacherCalendarfor2012‐2013 MuzaApril Res. StudentCalendarfor2012‐2013 MuzaApril BoardRe‐OrganizationMeeting BoardPresidentMay9 Res. BoardofEducationMeetingDatesfor2012‐2013 ViegutMay9 Res. InstructionalMaterialFeesSchedule GundlachMay9 Res. 4‐year‐oldKindergartenContracts BrownMay9 Res. SummerSchoolStaffingandProgramPlan Gundlach/ClarksenMay9 Res. ExtendedYearStaffingforCurrentSchoolYear Brown/GeigleMay23 W StaffingRecommendationsforUpcomingYear HRMay23 Res. FoxValleyTechnicalCollegeRiversideProgramContract Brown/GundlachMay23 Res. CertificationofHighSchoolGraduates GundlachMay23 Res. Lay‐offListforNextSchoolYear HRMay23 Res. CurricularModificationforImplementation2012‐2013 MuzaJune20 Res. ApprovalofRemainingStaffingRequests(Non‐EnrollmentDriven) HR AdministratorCompensationforNextSchoolYear HR

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January 25, 2012 Page 1 of 1

COMPLIANCE WITH OPEN MEETING LAW NOTIFICATION [§19.84(2)]. The regular meeting of the Oshkosh Area School District Board of Education was called to order by President Lemberger on Wednesday, January 25, 2012 at 6:00 p.m. at the district administrative offices. Teresa Collins verified that the meeting had been noticed pursuant to Wisconsin State Statutes.

ROLL CALL - Verification of Quorum. Present: Dedow, Eliasen, Garner, Lemberger, Loewenstein, Schneider, Wiedenhoeft PLEDGE OF ALLEGIANCE was led by students from Read School.

NON AGENDA PUBLIC FORUM: No appearance from the audience. AGENDA RELATED PUBLIC FORUM: Andrew Britton, 2121 High Meadows Ln, Neenah, a teacher at West, addressed budget reconciliation issues. He gave some examples from his building of a teacher’s day. In his observation of the 2011-12 budget, he feels there are many areas that could be cut without affecting students. The proposal of going to 6 classes would be the most detrimental for students. The change will have an adverse effect on the quality of education in Oshkosh. He asked the board to consider budget options that have not yet been brought forward. Bill Stenz, 1603 Peach Tree Ct., Kaukauna, a teacher at West, expressed concern over the proposed budget reductions. He wants staff to become part of a dialogue about what can be done to improve the situation. He referred to an insurance buy-out that was offered to district employees in Neenah. It was offered to 2,000 teachers and took care of a $500,000 budget deficit. He thought there would be people within this district willing to do that. Teachers have other ideas to share and asked that they be included in the discussion. Mark Boushele, 240 Berkeley St., Neenah, a teacher at West, talked about the proposed budget reductions. Teachers have a direct impact on student learning. He does not believe that all options have been explored. He feels there is still time to create a budget that addresses these current issues without affecting student learning opportunities. John Reiland, 3356 Leonard Point Ln, talked about the 2012-13 budget reduction plan. The $2.1 million reduction being proposed at the secondary level equates to a little over 36 teachers. A specific solution is a reduction in textbook purchases. Many of the schools have important literacy goals; however, he feels that literacy can be taught without textbooks. Students don’t look to textbooks any more for solutions; they use technology. Learning is best if it’s relevant to the students. He feels it is more important to have a teacher in the classroom than it is to have a textbook. Nicole Peterson, 2550 Havenwood Dr., stated that she wants to be part of the solution with regard to budget reductions. This district does not do a good job of getting school information out to the public. She asked how we attract kids to this district and how a promotional plan would look. How can schools be involved in generating revenue? Why doesn’t Oshkosh have a virtual school? There needs to be someone whose sole job is to create revenue for this district. She asked the board to let teachers get involved. Kathy Heinen, 1628 White Swan, a teacher at West and World Languages department chair, talked about class size and how it affects her particular content area. Her CAPP course has 31 students while 20 students are the most allowed in a comparable class at UW-O. Class size makes a difference and limits what teachers can do. Teachers want graduates to leave Oshkosh and compete with their peers from other areas. Stephanie Carlin, 2803 Stoney Beach St., referred to an editorial in the Northwestern with regard to Plan B. She feels that Plan B is the best option available. Oaklawn must close if the April 3 referendum does not pass and those kids need to be relocated. If the April 3 referendum passes, schools will not be disrupted. The paper had made reference that Plan B was a political maneuver but she feels that there is no political motive since the beneficiaries will be the kids and the community. She asked the Board to support Plan B and to make it part of the strategic vision for our district.

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January 25, 2012 Page 2 of 2

BOARD/ADMINISTRATIVE REPORTS Supt. of Schools Dr. Viegut:

Ten students from North and West attended the Dorian Vocal Festival at Luther College in Iowa. Merrill Middle School students gave up recess time to help a Merrill neighbor shovel snow. ALPS Charter School was awarded an EAA Aviation Grant. There was a situation with a well pump at Lakeside School. The district had students transferred to

Jefferson within an hour. Liz Lynch, an Oaklawn parent, gave a referendum update. Fundraising is moving forward. There is a

website entitled Oshkoshforoaklawn.org. There is also a Facebook page. To date, the group has given 11 presentations in the community with 6 more set up in the next 2 weeks. Printouts, donated by Castle Pierce, will be available within the next 2 weeks.

Board President’s Report: President Lemberger stated that the board did not intentionally put forth a bad Plan B. A possible solution to demonstrate this might be to create some space in next meeting’s agenda go give representatives from The Northwestern an opportunity to present a better Plan B. If there seems to be consensus that they have a better Plan B, the board will bring it forward at the last meeting in February to replace the one previously voted on. He agreed that Plan B is not a great plan, but it is the best alternative. He stated that the board is more than willing to listen to anyone if they have a better plan. The Education Committee met to discuss several issues. Shapiro’s governing board talked to the committee about their intentions to apply for a STEM charter school. It would be K-5 and located at Shapiro. This will be in addition to a proposed 6-12 STEM charter. Survey results were shared with the board with a STEM school getting the most interest. Andy Jones, principal at North High, is working on developing a fine arts charter and will attempt to have an application in by the April deadline. The Policy Governance Committee met to discuss Policy 121 – Board self-evaluation and Policy 155 with regard to TIF districts. WORKSHOP SESSION Superintendent Search √Attea & Associates Dr. Attea joined the Board via Skype and gave an overview of the superintendent search process. There are 3 phases – planning, recruitment, and selection, with the planning phase being the most important. The Board would develop criteria for the type of person they are looking for in the next superintendent. Individual interviews would be conducted with each of the 7 board members as well as small and large groups within the district and community. The search firm would like to start developing a search base from scratch that is unique to the OASD. Once the interviews are conducted, a report would be prepared indicating what the stakeholders have consensus on. Once the Board comes to an agreement on those things, they then move to the recruitment phase. It is important to aggressively go out and find a fit for the school district. In most cases boards would like to see 5-6 candidates. The recruitment phase is anticipated to take 5-6 weeks. The search firm would conduct interviews with 12-15 people and narrow it down to a number the board wants to see. From there, the process moves into the selection phase. The board would have 2 interviews. After the initial interview, the search firm would ask the board who they feel are the best candidates to move Oshkosh forward. During the second interview, it is recommended that the candidates have their spouses/partners join them so they can see the community. It is also recommended that the individual candidate meet with 2-3 board members at a time. The second interview would include a luncheon, a tour of the community and an exit interview. It is also recommended that the entire board take the candidate and spouse to dinner and have an extended interview after dinner. The next morning the candidate would meet with the board’s president and vice president. Other options to use in a superintendent search are to do less planning and move quickly to the recruitment phase or to do a targeted search without the planning or recruitment phase. The targeted search could be accomplished within a 3-4 week time period. This is typically the least popular option with faculty and the community. Another search option would be a regional search that would focus on central Wisconsin. The difference in cost

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January 25, 2012 Page 3 of 3

between a complete search and a targeted search would be between $6,000 and $8,000. It was recommended that with whatever type of search the board decides to do that they start as soon as possible with interviewing to occur shortly after the spring elections. The advantage to this would be involving all board members who will work with the superintendent. If the search is postponed until after the election, the board would not have a selection made before late June/early July. The board was also told not to worry about the quantity of candidates but that their focus should be on quality. The board does not want to hire a superintendent who is just looking for a job but wants to hire a superintendent who has the skills and temperament for Oshkosh.

Dr. Attea agreed to come to Oshkosh January 31 to share in greater depths some of the steps in the process. Summer School √Cathy Clarksen Cathy Clarksen provided the board with an overview of the proposed 2012 K-12 summer school program. Summer school will run from June 18-July 23 and transportation will again be available. Student applications are due February 16. She is hoping to hire staff by the end of April. Bob Tess reviewed the financial impact of summer school and showed that it actually generates revenue. PMA Projections for 2012-13 and Beyond √Bob Tess Bob Borch shared a preliminary presentation of a base model of the PMA Financial Planning Program. The FPP is a set of complex financial tools designed to assist school administration in efficiently modeling financial projections on an ongoing basis. All revenue and expenditure assumptions were provided by the District; however, it was noted that assumptions are constantly changing. Many variables can significantly impact projections. The district should be confident with FY 11-12 and FY 12-13 but less confident in years 3-5 due to the variability of assumptions and the fact that assumptions become less reliable. The margin of error grows with every year of projections. Bob Tess went through the following assumptions:

All employees pay scales increase by 1.5% All advancements (lanes and steps) on teacher pay schedules are granted Following the health insurance rates for 2012 which are guaranteed and an 8% cap on 2013

premiums, the trend on premiums will be 10%. The referendum approved revenue limit override of $1.3M for deferred maintenance sunsets after

2013-14. Deferred maintenance costs continue beyond this referendum sunset in spite of revenue source ending. Per pupil revenue limit increase is $50/student for 2012-13 and zero beyond All health, dental and retirement benefits continue in their current form Gas and electric costs are expected to increase 2% in 2012-13 and trend 5% beyond All pupil transportation related costs are expected to increase 4% annually Purchased services are expected to increase 3% annually Non-capital objects are expected to increase 2% annually Unemployment compensation is expected to increase 6% for 2012-13 and 2% beyond that while all

other district-wide insurance is expected to increase 2% annually Property valuation will remain constant Approximately $2M in federal stimulus aid is expected to run out after 2011-12 Full revenue limit authority is expected to be exercised All open enrollment in and out of the district are assumed to remain at 2011-12 figures Resident enrollment projections are based on the 2009 Applied Populations study indicating an

annual average increase of 0.44% Enrollment driven teaching staff changes over the next 5 years are 3.8, -1.9, 5.2, 2.3, and 5.7 FTE

Budget Reductions for 2012-2013 School Year √Bob Tess/Holly Rottier The goal of the workshop was to get the board to understand the process for budget reconciliation and to gain information about the potential reductions to be made to address the projected budget deficit so that the board is able to make informed decisions throughout the budget reconciliation process. Administration would like to bring forward a resolution on staffing at the February 8 meeting and asked for board direction. The remainder of the

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January 25, 2012 Page 4 of 4

discussion focused around the budget reduction item of secondary teachers increasing their teaching load to 6 out of 7 periods in a day.

A suggestion was made with regard to the possibility of freezing steps and lanes to offset the $1.9M and to keep a lesser teaching load. It was noted that class size is getting close to being maxed out. Classrooms cannot handle more students without going to virtual schooling. There was concern expressed about targeting just secondary teachers with the proposed budget reduction and the board was informed that years 2 and 3 of budget reductions will have a great impact on elementary education. The board was interested to know what the teachers value and if they would be willing to give up steps and lanes in exchange for a lesser teaching load. The administration stated that it would be possible to hold a listening session for staff prior to February 8. CONSENT RESOLUTION AGENDA For the consent agenda, the board has been furnished with background material on each item or has discussed it at a previous meeting. These will be acted upon with one vote without discussion. If a board member wants to discuss any item, it will be pulled out of the consent agenda and will be voted on separately. 1. Minutes from the January 9, 2012 special board meeting. 2. Minutes from the January 9, 2012 executive session. 3. Minutes from the January 11, 2012 regular board meeting 4. Schedule of vouchers payable filed with the secretary of the Board in the amount of $1,210,887.60 for the Board

of Education and $11,738.57 for the recreation department for a total of $1,222,626.17. 5. (A) BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve the appointments,

temporary appointment, co-curricular appointments, resignations, and salary schedule as filed with the Secretary of the Board of Education January 25, 2012, in accordance with the Rules, Regulations, and Policies of the Board of Education.

Moved by Dedow, second by Loewenstein to approve the consent agenda. Unanimous upon roll call. INDIVIDUALLY CONSIDERED RESOLUTIONS Resolution #6 Moved: Dedow Second: Loewenstein BE IT RESOLVED, that in the event the community does not pass the April 3, 2012 referendum to rebuild Oaklawn, the Oshkosh Area School District Board of Education approve the following alternative Oaklawn plan:

a. Close Oaklawn and redistrict the K-8 students i. Jefferson becomes a north side K-5 elementary school occupied by north side students. ii. Current Jefferson students would be redistricted into other west side K-4 elementary schools. iii. All other west side elementary schools would become K-4 schools. iv. Traeger Middle, Tipler, and S. Park would become 5-8 schools. v. Elementary and middle schools on the north side would remain K-5 and 6-8 schools.

BE IT FURTHER RESOLVED, that said plan will be put into place, absent a successful Oaklawn referendum, beginning with the 2012-2013 school year as filed with the secretary to the Board of Education.

Moved by Schneider to amend the resolution by introducing a conceptual plan with the following considerations: Close Oaklawn Franklin and Roosevelt become K-3 schools

S. Park and Tipler become 4-8 schools Redistrict north side

The amendment died for lack of a second.

Voting on original resolution: “YES” Dedow, Eliasen, Garner, Lemberger, Loewenstein, Wiedenhoeft “NO” Schneider The resolution was adopted. ROLL CALL – ADJOURN Moved by Wiedenhoeft and seconded by Dedow to adjourn. Unanimous upon roll call. The meeting adjourned at 10:14 p.m.

Respectfully submitted,

Teresa Collins Secretary

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February 8, 2012

RESOLUTION # 4(A) CARRIED_______ LOST_______ WITHDRAWN_______ LAID OVER_______ BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve the appointments, temporary appointments, co-curricular appointments, change of assignments, resignations, retirements and salary schedule as filed with the Secretary of the Board of Education February 8, 2012, in accordance with the Rules, Regulations, and Policies of the Board of Education.

TEMPORARY APPOINTMENT Desiree Geffers, .45 Cross Categorical Teacher, Emmeline Cook Elementary School, effective February 6, 2012, for the

balance of the 2011-12 school year.

CO-CURRICULAR APPOINTMENTS Cliff Carrell, Boys’ Track Coach, South Park Middle School, effective for the 2011-12 season. Margaret Collins, Dance Team Advisor, Merrill Middle School, effective for the 2011-12 season.

NON-TEACHING

APPOINTMENTS Charles Fox, Cook Helper, Oaklawn Elementary School, effective January 25, 2012, for the balance of the 2011-12 school

year. Joseph Kenowski, .62 EBD Teacher Assistant, Oshkosh North High School, effective January 26, 2012, for the balance of

the 2011-12 school year. Kyle Quednow, 1.0 CD Teacher Assistant, Oshkosh North High School, effective January 30, 2012, for the balance of the

2011-12 school year.

TEMPORARY APPOINTMENTS Heather Logterman, .75 EBD Teacher Assistant, Jacob Shapiro Elementary School, effective February 6, 2012, for the

balance of the 2011-12 school year. Jacqueline Seiler, 1.0 EBD Teacher Assistant, Emmeline Cook Elementary School, effective February 6, 2012, for the

balance of the 2011-12 school year. Gloria Wilson, 1.0 EBD Teacher Assistant, Roosevelt Elementary School, effective January 26, 2012, for the balance of

the 2011-12 school or until the students are no longer in need of services, whichever occurs first.

CHANGE OF ASSIGNMENTS Stephanie Barnard, 1.0 Cross Categorical Teacher Assistant, Merrill Elementary School, to 1.0 Cross Categorical Teacher

Assistant, Jacob Shapiro Elementary School, effective February 6, 2012, for the balance of the 2011-12 school year.

Traci Meyer, 1.0 CD Teacher Assistant, Merrill Elementary School, to .75 Cross Categorical Teacher Assistant, Jacob

Shapiro Elementary School, effective February 1, 2012, for the balance of the 2011-12 school year.

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Charles Miller, Janitor, Oshkosh North High School, to Asst. Custodian Fireperson II, District Floater, effective February

6, 2012. Tanya Rodriguez, .7 Supervisory Teacher Assistant to .7 Cross Categorical Teacher Assistant, Webster Stanley Middle

School, effective January 24, 2012, for the balance of the 2011-12 school year.

RESIGNATIONS Judy Hull, Supervisory Teacher Assistant, Webster Stanley Middle School, effective January 27, 2012. Nicole Koch, Cross Categorical Teacher Assistant, Jacob Shapiro Elementary School, effective January 27, 2012. Amanda Niederehe, Cross Categorical Teacher Assistant, Jacob Shapiro Elementary School, effective January 27, 2012. Sara Sturm, Health Assistant-LPN, Lakeside Elementary School, effective January 24, 2012.

RETIREMENTS Donna Berndt, Maintenance Craftsman I, Recreation Department, effective March 15, 2012. Keith DiCianni, Asst. Custodian Fireperson I, Jefferson Elementary School, effective May 1, 2012.

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PERSONNEL RESOLUTION #4(A) – February 8, 2012

SCHOOL NAME UNIVERSITY Degree YRS.

OUT YRS.

LOCAL STEP BASE ACTUAL EFF. DATE

E-Cook Desiree Geffers .45 Cross Categorical (TEMP)

UW-Oshkosh B – 2012

B + 0 0 0 1 $32,802 $14,372.77 2/6/12

S. Park Cliff Carrell Boys’ Track Coach

$1,230.08 + 2%

$1,886.12 2011-12 season

Merrill M.S. Margaret Collins Dance Team Advisor

$656.04 $656.04 2011-12 season

Oaklawn Charles Fox Cook Helper

$9.46/hr. $9.46/hr. 1/25/12

North H.S. Joseph Kenowski .62 EBD T.A.

$12.21/hr. $12.21/hr. 1/26/12

North H.S. Kyle Quednow 1.0 CD T.A.

$12.21/hr. $12.21/hr. 1/30/12

Shapiro Heather Logterman .75 EBD T.A. (TEMP)

$12.21/hr. $12.21/hr. 2/6/12

E-Cook Jacqueline Seiler 1.0 EBD T.A. (TEMP)

$12.21/hr. $12.21/hr. 2/6/12

Roosevelt Gloria Wilson 1.0 EBD T.A. (TEMP)

$12.21/hr. $12.21/hr. 1/26/12

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February 8, 2012 RESOLUTION #5 CARRIED______ LOST _____ WITHDRAWN _____ LAID OVER _____ BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve the new Board Policy 121 Board Self-Evaluation as filed with the secretary to the Board of Education.

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Board Meeting Date: February, 8th, 2012 Agenda Item: Resolution #5

STAFF REPORT - EXECUTIVE SUMMARY

(Also to be used with resolution going directly to the Board)

SUBJECT: Board of Education Annual Self Evaluation Presenter(s): Stephen Dedow

I. Overall Content/Purpose of Presentation: The purpose of this report is to give the Board of Education (BOE) information regarding proposed policy 121.

II. Board Motion Needed (if any) A Board motion will be necessary to approve Policy 121 BOE Self Evaluation

III. Major Points in this Report: A. Building Better Governance Techniques

B. To provide for a systematic program of self evaluation and appraisal

C. Annual Board Goals

D. Expectations of newly elected Board Members

IV. Impact on District Goals:

Vision Statement: Our vision statement is a realistic, credible, attractive future for this District. We will be an innovative school system recognized for excellence in education. We will achieve excellence through open, interactive participation of students, staff, parents, and the community. Our students will demonstrate the skills needed to succeed in a changing world.

Mission Statement: Our mission statement describes the purpose of the District. We commit ourselves to educate and inspire all students to achieve their full potential. Our students will master challenging district standards and benchmarks and develop creative and critical thinking abilities. We empower students to be life-long learners and caring, responsible citizens of our global community.

Strategic Aim #1: OASD will target student programs and services to the skills young people will need to

succeed in a changing world. Strategic Aim #2: OASD will align human and financial resources to meet student program and service needs. Strategic Aim #3: OASD will continue to promote partnerships to improve student learning.

V. Budget/Financial Impact

Costs: Year 1 Year 2 Year 3 Salary/Benefits Other

0

Less: New revenues or cost reductions applicable to program

Net Budget Impact 0

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Reviewed by District Business Office Yes No X Fits into budget Does not fit into budget

Explain: Does Board of Education action require an addition, deletion or change to policies? X Yes No If Yes, what action is needed? Board motion to approve policy 121 VI. Primary Contact for More Information: Name: Stephen Dedow Phone: 920-688-3272

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121 (NEW)

BOARD OF EDUCATION SELF-EVALUATION

The Oshkosh Area School Board of Education is committed to the belief that every part of the school system in this district should be accountable to the public and that performance evaluation is essential to that accountability. The Board further believes that the improvement and growth of any institution depends upon an honest appraisal of its strengths and weaknesses. The Board accepts, therefore, responsibility for the conduct of a systematic program of self-evaluation and appraisal. The standards against which the Board will evaluate itself will be the educational goals, bylaws, and policies duly adopted by this Board.

The Board President shall be responsible for scheduling an annual self-evaluation in the month of April immediately following the Board organizational meeting. The process adopted will permit individual Board members to record their assessments of the conduct of Board meetings, the fiscal management of the district, the effectiveness of the instructional program, and the relationship of the Board with the Superintendent, other district staff members, students and the community. The evaluation will contain both qualitative and quantitative goals that are clear, concise and attainable using the Wisconsin Association of School Board’s evaluation questionnaire or a suitable equivalent.

A Board mid-term review may be scheduled by a majority vote of the Board in the month of November. The purpose of this special meeting would be to review the progress that has been made in completing the Board’s goals and objectives.

The assessments of Board members will be tabulated and presented for discussion at a regular meeting of the Board in which the Superintendent will be invited to participate. The evaluation will be used to formulate, as appropriate, goals and priorities that will serve to guide the Board in the ensuing school year.

Approved: February 8, 2012 Oshkosh Area School District OSHKOSH, WI

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February 8, 2012 RESOLUTION #6 CARRIED______ LOST _____ WITHDRAWN _____ LAID OVER _____ BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve the new Board policy 155 TIF Board Representation as filed with the secretary to the Board of Education.

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Board Meeting Date: February, 8th, 2012 Agenda Item: Resolution #6

STAFF REPORT - EXECUTIVE SUMMARY

(Also to be used with resolution going directly to the Board)

SUBJECT: Board Policy in regards to Tax Incremental Financing (TIF) Presenter(s): Stephen Dedow

I. Overall Content/Purpose of Presentation: The purpose of this report if to give the Board of Education (BOE) information regarding proposed policy 155 (TIF representation)

II. Board Motion Needed (if any) A Board motion to approve Policy 155 will be necessary.

III. Major Points in this Report: A. Procedure on TIF representation process

B. Clarification on representation requested by BOE

IV. Impact on District Goals:

Vision Statement: Our vision statement is a realistic, credible, attractive future for this District.We will be an innovative school system recognized for excellence in education. We will achieve excellence through open, interactive participation of students, staff, parents, and the community. Our students will demonstrate the skills needed to succeed in a changing world.

Mission Statement: Our mission statement describes the purpose of the District. We commit ourselves to educate and inspire all students to achieve their full potential. Our students will master challenging district standards and benchmarks and develop creative and critical thinking abilities. We empower students to be life-long learners and caring, responsible citizens of our global community.

Strategic Aim #1: OASD will target student programs and services to the skills young people will need to

succeed in a changing world. Strategic Aim #2: OASD will align human and financial resources to meet student program and service needs. Strategic Aim #3: OASD will continue to promote partnerships to improve student learning.

V. Budget/Financial Impact

Costs: Year 1 Year 2 Year 3 Salary/Benefits Other

0

Less: New revenues or cost reductions applicable to program

Net Budget Impact 0

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Reviewed by District Business Office Yes No X Fits into budget Does not fit into budget

Explain: Does Board of Education action require an addition, deletion or change to policies? X Yes No If Yes, what action is needed? Board motion to approve policy 155 VI. Primary Contact for More Information: Name: Stephen Dedow Phone: 920-688-3272

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155 (NEW) Tax Incremental Finance (TIF) Board Representation When a tax incremental finance (TIF) district is being considered on property within the school district or an amendment to a project development plan is being proposed, the President of the Oshkosh Area School District Board of Education shall appoint a representative to serve on the TIF Joint Review Board. If the TIF district is also located on property of another school district, the school district having the property with the greatest value within the TIF district will appoint the representative to the review board. The school district representative appointed should meet the following qualifications: have an interest in serving on the Joint Review Board, an understanding of the state aid formula and the impact of TIF's on state aids, and an understanding of the implication of TIF district creation on school property tax collections. If the school district representative deems it prudent to bring the TIF information before the full Board for a vote, the Board of Education will only consider the criteria established by law when voting on whether to approve or deny the TIF district proposal. A TIF district status report shall be made by the school district representative to the Board at the Board meeting following the TIF Review Board's decision. Approved: February 8, 2012 Oshkosh Area School District OSHKOSH, WI

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February 8, 2012

RESOLUTION #7 CARRIED _______ LOST ________ WITHDRAWN ________ LAID OVER ________

Pursuant to the authority bestowed upon it by section 120.44 of the Wisconsin Statutes, the

Oshkosh Area School District Board of Education hereby resolves to retain the law firm of Foley and Lardner LLP to provide the Board with legal services and representation pursuant to the attached letter of engagement dated February 2, 2012 as filed with the secretary to the Board of Education.

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Board Meeting Date: 2-8-2012

Agenda Item: Resolution #7

STAFF REPORT - EXECUTIVE SUMMARY

SUBJECT: Letter of engagement in pursuit of Early Retiree Reinsurance Program funds. Presenter(s): Bob Tess I. Overall Content/Purpose of Presentation: Inform the board of an opportunity to retain Foley and Lardner LLP on a contingency basis to pursue

Early Retiree Reinsurance Program (ERRP) funds through a class action lawsuit. The amount of the

funds is question is approximately $267,464.

II. Board Motion Needed (if any) The board would be asked to pass a resolution retaining Foley and Lardner to represent the school district

in a manner consistent with the attached engagement letter in recovering any ERRP funds entitled to

them.

III. Major Points in this Report:

A. The class action seeks to recover funds and/or damages for the WEA Trust Defendants’ wrongful

conduct in applying for, obtaining, and improperly withholding from the Oshkosh Area School

District, federal government health benefit reimbursements. These federal government

reimbursements, part of the ERRP, were made available to employers, like the OASD, to offset a

portion of their costs in providing and paying for health benefit coverage for their early retirees.

The reimbursements were intended to encourage employers, like the OASD, to continue to

provide early retiree health benefit coverage until the broader federal health care reform law was

implemented. The reimbursements were not intended as subsidies for insurance carriers such as

the WEA Trust Defendants.

B. WEA Trust Defendants applied for and received reimbursements on behalf of the OASD and

other Wisconsin school districts for health benefit claims relating to the districts’ early retirees.

The WEA Trust Defendants then wrongfully withheld these reimbursements to coerce the schools

into renewing their health insurance coverage with the WEA Trust Defendants. When the OASD

and other schools refused to give in to the coercion and changed insurance carriers, the WEA

Trust Defendants wrongfully withheld, and, in violation of the districts’ rights, continue to refuse

to turn over, the funds to the districts or to otherwise give the districts credit for the funds the

WEA Trust Defendants obtained on the school districts’ behalf.

C. The WEA Trust Defendants further informed each school district of the amount of reimbursement

the district would receive and said that the school district would receive the reimbursement as a

premium credit against its WEA Insurance Corp. policies, but only in the next year—2011-2012.

Thus, if a school district switched carriers, the WEA Trust Defendants would deny the school

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district the reimbursements received from the ERRP, even where claims reimbursed related to

retired employees of that school district.

D. Foley and Lardner have agreed to enter into a contingency fee arrangement in this matter. The

OASD will not be responsible for any legal fees beyond the contingency fee. If the outcome is

successful, where a successful outcome is defined as a recovery of all or any portion of the ERRP

funds collected and retained by WEA Trust that is attributable to the districts (or a portion

thereof) or other damages, each district will pay Foley and Lardner legal fees equal to 33.3% of

the total gross recovery received by the district. If the matter results in any appellate court

proceedings, then the district will pay 40% of the total gross recovery. (please refer to the

attached engagement letter for full fees and billing disclosure)

E. Federal law imposes limitation on the use of ERRP funds and any funds recovered would be

subject to these limitations and used solely for the designated purpose. Any recovered ERRP

funds would not be available to pay legal fees or expenses.

IV. Impact on District Goals: Aim #2: The Oshkosh Area School District will align human and financial resources to meet student

program and service needs.

V. Budget/Financial Impact:

Costs: Year 1 (11-12) Year 2 (12-13) Year 3 (13-14) Expense (legal fees incurred only if funds are recovered):

$0

$120,000

$0

Revenue: $0

$267,464. $0

Net Budget Impact $0 $147,464 $0 Reviewed by District Business Office Yes No Fits into budget Does not fit into budget Explain:

Does Board of Education action require an addition, deletion or change to policies? Yes No

If Yes, what action is needed? ___________________________________________________________

VI. Primary Contact for More Information: Name: Bob Tess Phone: 920-424-0122

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BOSTON BRUSSELS CHICAGO DETROIT

JACKSONVILLE LOS ANGELES MADISON MIAMI

MILWAUKEE NEW YORK ORLANDO SACRAMENTO

SAN DIEGO SAN DIEGO/DEL MAR SAN FRANCISCO SHANGHAI

SILICON VALLEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C.

4833-4692-4046.1

February 2, 2012

VIA E-MAIL [email protected]

ATTORNEYS AT LAW

777 EAST WISCONSIN AVENUE MILWAUKEE, WI 53202-5306 414.271.2400 TEL 414.297.4900 FAX foley.com WRITER'S DIRECT LINE 414.297.5847 [email protected] EMAIL CLIENT/MATTER NUMBER 999999-9999

Robert Tess Oshkosh Area School District 215 South Eagle Street P.O. Box 3048 Oshkosh, WI 54903

Re: Engagement Letter Agreement

Thank you for selecting Foley & Lardner LLP (the “Firm”) to represent your school district along with those school districts identified in Exhibit A hereto and any other school districts that subsequently may be added (collectively, the “Districts”). Although we regret the length and formality of this Engagement Letter Agreement (“Agreement”), it is important that we have a clear understanding of our working relationship going forward. Please do not hesitate to contact us if you have any concerns.

1. Scope of Engagement

This Agreement confirms the terms of this matter. As we discussed, the scope of our engagement will be to represent the Districts in their effort to recover from the Wisconsin Education Association Insurance Trust and/or WEA Insurance Corporation (together, "WEA Trust") certain amounts WEA Trust received, but failed to pay the Districts, under the federal Early Retirement Reinsurance Program ("ERRP") (the “Matter”) and/or damages based on that failure to pay.

The Matter includes representing those Districts named as defendants in the complaint filed December 30, 2011 by WEA Trust in the United States District Court for the Western District of Wisconsin (the “Federal Court Defense.”). Should any District retain the Firm for subsequent matters, the specifics of this Agreement shall only apply to the Matter and shall not apply to any subsequent matters.

a. The Firm is exploring the possibility of pursuing the Matter as a class action. Under this approach, the Firm would pursue the Matter on behalf of the Districts, as well as all other Wisconsin school districts that are similarly situated and have a common legal position with respect to the recovery of ERRP funds from WEA Trust. The Districts agree that the Firm may pursue the Matter on a class action basis should the Firm choose to do so. If a court grants class certification in the Matter, your District agrees that it will not opt out of such class or pursue a separate action against WEA Trust for the recovery of the ERRP funds.

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b. Issues could arise in connection with the Matter where one or more Districts may or will have conflicting or potentially conflicting interests with other Districts. This may include the computation and allocation of ERRP funds by WEA Trust, control over the direction of pending litigation, or the structure of any potential settlement, just to name a few. Due to these potential conflicts, one way to proceed with the Matter is for each District to have separate counsel. Notwithstanding the above, however, each of the Districts has agreed that, in order to keep legal costs to a minimum, they wish the Firm to represent all of them. We do not believe that there are currently any conflicts in the positions of the Districts, and as a result, we do not believe our representation of your District will be adversely affected by our representation of the other Districts.

c. The Districts agree that there will be no confidences among the Firm and the Districts regarding the work we do for the Districts pursuant to this Matter. In other words, if we receive information from or about one District that we believe the others should have in order to make decisions regarding the subject of our representation, we will be free to give that information to other Districts. However, all confidential information received from or pertaining to the Districts or the Matter shall be treated as confidential with respect to any third party, and all communications between the Firm and the Districts pertaining to the Matter shall be deemed protected from disclosure to third parties by various privileges and immunities as applicable, including, without limitation, the attorney-client privilege and the doctrines of attorney work product, joint defense, and community of interest, or any other protections which would normally exist with respect to any third party. Each of the Districts hereby acknowledges that they share a common interest relating to the Matter. Your District agrees not to disclose any confidential information it may receive regarding the Matter or any District to any third party except as required by applicable law or with the consent of the party that disclosed or provided the confidential information.

d. If your District disagrees on issues going forward or if your District’s interests in the litigation should for whatever reason no longer be common with the other Districts, everyone agrees that we may continue to represent the other Districts with common interests in the Matter and any school district who elects to leave the group will be permitted to make arrangements to obtain separate counsel if desired. Should a conflict of interest arise during the course of the representation, all Districts agree that the Firm may elect to continue to represent, at its option and choosing, one or several of the Districts, including one or all of the Class Representatives (defined below) in any class action.

e. The Districts have been advised that at any time during the handling of the Matter, we may recommend that the Matter not be continued for good and sufficient reasons, including, but not limited to: (1) little or no likelihood of success on the claim's

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merits, (2) the discovery of information, documents or law that substantially diminishes the likelihood of prevailing in the Matter; (3) the discovery that the amount in dispute is substantially less than currently understood; or (4) a lack of available funds to satisfy the claim should it be successful. In the event the Districts reject a recommendation the Firm makes to discontinue, the Districts hereby agree that the Firm may withdraw as their attorneys in consideration of our agreement to give the Districts due notice of our withdrawal. The Firm agrees that it will comply with all applicable provisions of the Code of Professional Responsibility. Upon any such withdrawal, the Firm shall have no further right or interest in the claims of the Districts with respect to the Matter.

f. In the event your District elects at any time to (i) abandon its claim under circumstances in which the Firm believes in good faith that there are good and sufficient reasons to pursue the Matter on its merits, or (ii) discharges the Firm without cause, then in either such event, your District agrees to pay to the Firm at that time a reasonable fee for services performed by the Firm prior to discharge or abandonment.

2. Staffing

Brett Ludwig and I will have primary responsibility for the Matter, but will use other Firm attorneys and paraprofessionals when that is appropriate. We will keep the Districts informed of our progress through periodic reports, and will use our best efforts to respond to the Districts as promptly as possible. In return, your District agrees to keep us informed of any developments that affect the Matter as soon as your District becomes aware of them, and to be available when we need to consult with your District.

3. Conflicts of Interest

We have checked our records based on the information we have obtained independently in connection with the Matter or which has been provided to us by the Districts. We have determined that there is no conflict of interest that prevents us from representing on the Matter each District that signs this Agreement.

4. Advance Waiver of Conflict

a. Your District agrees that the Firm may represent current or new clients in work directly adverse to your District, provided such work is not substantially related to the Matter and the Firm does not use your District’s confidential information in representing such clients. This consent includes our being trial counsel in litigation adverse to your District. In addition, your District agrees that, even though the Firm represents your District in this Matter, the Firm may represent in the future other parties who are adversely involved in the Matter, or who may later become involved in the Matter, as long as that representation of other parties is substantially unrelated to the Matter. By way of examples only, and assuming such representations are not substantially

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related to the Matter, we may represent one or more parties in bankruptcy cases that may have interests adverse to your District or we may represent clients in contract or other business disputes adverse to your District. The Firm agrees that it will not use your District’s confidential information in representing such other clients and, when needed, we will establish an ethical wall to assure that confidential information is not exchanged between those working on the Matter and those working for such other clients.

b. Our Firm policy requires that any advance waiver of future conflicts be in writing, and by signing and returning a copy of this Agreement, your District agrees to this advance waiver.

5. Designation of Class Representatives

Due to the large number of school districts we will be representing in the Matter, the Districts agree that the Firm may, in its sole discretion, designate a subset of Districts to serve as class representatives in the Matter (the “Class Representatives”). The Firm will inform the Districts of its designation of Class Representatives as soon as determined. The Firm may add or remove Districts to the list of Class Representatives as the Firm deems necessary or appropriate.

The Districts grant authority to the Class Representatives to act on behalf of all Districts with respect to the Matter. This authority includes, but is not limited to, the ability to authorize the commencement, termination or direction of any litigation, to receive periodic updates on the Matter from the Firm, and to initiate, accept, revise or reject any settlement offer. All decisions made by the Class Representatives involving the Matter shall be binding on all the Districts, provided, however, that the Class Representatives shall have no authority to take any action that commits any District to any financial liability or obligation without the written consent of such District.

6. Fees and Billing

We have agreed upon the following billing arrangement for the Matter. If the Firm and the Districts mutually agree to expand or change the scope of services as defined in this Agreement, the Firm reserves the right to re-negotiate the fee structure.

a. The Firm and Districts have agreed to enter into a contingency fee arrangement for the Matter. None of the Districts will be responsible to the Firm for any legal fees beyond the contingent fee. If the outcome in the Matter is successful, where a successful outcome is defined as a recovery of all or any portion of the ERRP funds collected and retained by WEA Trust that is attributable to the Districts (or a portion thereof) or other damages, each District will pay the Firm legal fees equal to thirty-three and one-third percent (33.3%) of the total gross recovery received by the District. If the Matter results in any appellate court proceedings, then the District will pay the Firm an amount equal to forty percent (40%) of the total gross recovery received by the District.

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These recovery amounts do not exceed any statutory maximums. The Districts further agree, however, that to the extent any has insurance coverage, including but not limited to a duty to defend, for the Federal Court Defense, that the Firm will be entitled to an hourly fee for handling the Federal Court Defense, with payment coming from the District(s)’s insurer.

b. In addition, if the outcome in the Matter is successful, the District shall be responsible for its pro rata portion of expenses incurred in handling the Matter, such as photocopies, transcripts, expert witness costs, costs or fees billed by the Wisconsin Association of School Boards, court costs, online research, reasonable travel expenses and filing fees. We do not bill long distance telephone charges; we will bill for conference calls using an “800” number service at $.47 per minute per participant. If we arrange a video conference on the Districts’ behalf, we will bill at rates established by the service provider. We currently charge $.15 per page for photocopies, and faxes are billed at $.50 per page. We charge for word processing or secretarial services only if done on an overtime basis and with the Districts’ consent. Certain support services that involve equipment or staffing or that require payments to third parties may include additional charges that reflect our internal costs. All expenses incurred will be deducted from your District’s total recovery after the calculation of the contingency fee. If the outcome in the Matter is not successful, and none of the Districts recover any amount from WEA Trust attributable to the ERRP Funds, the Districts will not be responsible for any payments, compensation, or expenses, and the Firm receives no compensation for the services rendered in the Matter.

c. Unless otherwise determined by the court, any recovery shall be allocated among the Districts on a pro rata basis. Your District’s pro rata share will be determined by multiplying (i) the amount of ERRP funds held by WEA Trust attributable to your District divided by the total amount of ERRP funds held by WEA Trust attributable to all the Districts and, if applicable, other class members (“Pro Rata Percentage”), by (ii) the total amount of ERRP funds ultimately recovered on behalf of the Districts and other class members entitled to recovery. Similarly, expenses will be allocated among the Districts by multiplying your District’s Pro Rata Percentage by the expenses incurred for this Matter.

d. The Districts understand that federal law may impose limitations on the use of ERRP funds by recipients and this may have an impact on any recoveries from WEA Trust. Consequently, the Districts agree that any ERRP funds that may be recovered from WEA Trust will be used solely for those purposes permitted by applicable law. Unless otherwise approved by the court, your District will use not use any ERRP funds to pay legal fees or expenses to the Firm and agrees to use other funding sources for such payment. Your District will pay our fees prior to or simultaneously with the disbursement of any funds recovered from WEA Trust.

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e. By signing this agreement, you are acknowledging on behalf of your District that your District has been advised that as an alternative to this contingency fee arrangement, your District could have retained legal counsel on an hourly basis or some other arrangement, and you have decided that a contingency fee arrangement is your preferred method of payment. By signing this agreement, you further acknowledge that you understand the implications and consequences of contingency fee arrangements, including this one, as well as the implications and consequences of other fee arrangements. With your signature, you acknowledge that other law firms in the area may provide different fee arrangements than those provided by the Firm. You are encouraged to seek the advice of outside counsel regarding this fee arrangement.

f. The Firm acknowledges that we assume joint legal responsibility to the Districts for performance of the work associated with the Matter. The Firm acknowledges our responsibility to answer any of the District’s questions regarding the contingency fee arrangement. Although the Firm has advised the Districts of the risks and consequences associated with this form of compensation, the Firm acknowledges our responsibility to ensure this contingency fee is reasonable throughout representation. The Firm also acknowledges that our duty is to the Districts and that we act in the Districts’ best interests according to our duties of professional responsibility.

7. Limitations of Liability

Foley & Lardner LLP is a limited liability partnership under the laws of Wisconsin. This means the Districts’ right to recover damages in a legal malpractice action that may exceed our insurance and Firm assets is limited to the personal assets of the attorneys whose acts or omissions gave rise to the Districts’ claim.

8. Termination of Representation

a. Subject to Paragraph 1.e and 1.f, the Firm or your District may terminate this Agreement with respect to your District’s participation at any time for any reason by written notice. The Firm is subject to applicable rules of professional conduct when terminating a client engagement. If we terminate the engagement with respect to your District, the Firm will take all reasonable and practical steps to protect your District’s interests in the Matter and, at its request, suggest possible new counsel. We will provide new counsel with any papers your District has given us. If permission from the court is necessary for withdrawal, we will promptly apply for it, and the District will engage new counsel to represent your District if desired.

b. Unless previously terminated, our representation of the Districts in the Matter will end when we send a final settlement statement. After the Matter ends, there might be changes in laws or regulations that might affect the Districts’ future rights and

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liabilities, but the Firm does not have an obligation to continue to advise the Districts about future legal developments, unless a District engages us to do so.

9. Disposition of Files and Records

a. Following the conclusion of the Matter, we will maintain the confidentiality of your District’s confidential information provided us in accordance with applicable rules of professional conduct. Any documents provided by your District, or provided by a third party, will be returned to your District unless you authorize destruction of them.

b. We will retain our own files pertaining to the Matter, including material prepared by or for the internal use of our attorneys. These include the Firm’s administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, internal attorneys’ work product (such as drafts, notes, internal memoranda and legal and factual research), written and electronic communications, pleadings, and investigative reports. The Firm has internal policies that determine the retention periods for closed representation files. Therefore, if your District does not request return of this file material, the Firm reserves the right to destroy it at the end of the defined retention period. Upon your District’s reasonable request, the Firm will provide such portions of these file materials to your District as required by the applicable rules of professional responsibility or other legal requirements. Unless applicable rules of professional responsibility require an earlier return, we may retain such file material pending receipt of payment of any outstanding fees or costs.

10. Communication

a. We often send to our clients information about the Firm or legal matters we think might be of interest to them. The Districts agree that we may send them this material, either by electronic mail or other means. The Districts also agree that we may communicate with the Districts about this Matter by electronic mail on an unencrypted basis.

b. Either at the beginning or during representation, we might express opinions or beliefs concerning the Matter and the results that might be anticipated. Any such statement made by us is an expression of opinion only and is not a promise or guarantee of results.

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FOLEY & L ARDN ER LLP

Oshkosh Area School District February 2, 2012 Page 8

4833-4692-4046.1

11. Arbitration

Any dispute over fees and/or costs (a “Dispute”) will be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that the parties engage in a preliminary non-binding mediation or arbitration regarding fee disputes. Binding arbitration shall be conducted in accordance with the Judicial Arbitration and Mediation Service Streamlined Rules & Procedures (the “JAMS Rules”). Arbitration shall be held in the county of Milwaukee, before an arbitrator selected pursuant to the JAMS Rules who will have no personal or pecuniary interest, either directly or indirectly, from any business or family relationship with either of the parties. All decisions of the arbitrator will be final, binding, and conclusive on the parties.

The parties will equally share the costs of the arbitrator and the arbitration fee (if any). Each party will bear that party’s own attorneys’ fees and costs, and the prevailing party will not be entitled to reimbursement by the other party of any of its fees or costs incurred in connection with the arbitration hereunder, regardless of any rule to the contrary in the applicable arbitration rules. Either party may seek confirmation of the arbitration award in the Milwaukee County District Court, and each party hereby consents to the exclusive jurisdiction and venue of the Milwaukee County District Court in any claim or action arising hereunder. By signing this Agreement containing this provision, your District agrees to waive any and all rights to a jury trial regarding any Dispute.

Before you sign this agreement you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without the use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.

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FOLEY & L ARDN ER LLP

Oshkosh Area School District February 2, 2012 Page 9

4833-4692-4046.1

Please confirm your District’s approval of this Agreement by signing and returning the enclosed duplicate copy in the envelope provided. If your District has any questions, please let me know.

We look forward to working with you on this Matter.

Very truly yours,

FOLEY & LARDNER LLP

By: Brian S. Kaas

Enclosures

AGREED AND ACCEPTED:

OSHKOSH AREA SCHOOL DISTRICT BY:

(Title)

(Date)

BSK

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February 8, 2012 RESOLUTION #8

CARRIED _______ LOST ________ WITHDRAWN ________ LAID OVER ________ BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve Your Camera Loves You: Learn to Love it Back by Khara Plicanic with accompanying teacher resources for Photography I as filed with the secretary to the Board of Education.

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Board Meeting Date: February 8, 2012 Agenda Item: Resolution #8

STAFF REPORT - EXECUTIVE SUMMARY

(Also to be used with resolution going directly to the Board)

SUBJECT: Recommendation for Adoption of Your Camera Loves You: Learn to Love it Back by Khara Plicanic for Oshkosh North High School and Oshkosh West High School

Presenter(s): Shelly Muza, Director of Curriculum and Instruction

Christina Hyde, Art Department Chair I. Overall Content/Purpose of Presentation:

The purpose of this report is to give the Board of Education information regarding the need to purchase Art instructional materials by adopting Your Camera Loves You: Learn to Love it Back by Khara Plicanic for the Photography 1 course at both high schools.

II. Board Motion Needed (if any)

A Board motion will be necessary to approve the adoption of Your Camera Loves You: Learn to Love it Back

III. Major Points in this Report: A. Photography 1 is a popular Art offering and the district needs to purchase our Camera Loves

You: Learn to Love it Back, in sufficient numbers for the Photography 1 class at both high schools.

B. Students who take Photography benefit in a variety of ways:

● Students taking this course will continue to develop a base of knowledge and skills from which to create new ideas through project-based learning.

● The course will provide students with an academic outlet for their interest in photography.

● Life-long skills such as photography will prepare students for life after high school. This experience will provide them with the skill necessary to create a photographic image that is expressive, informative, aesthetically and technically strong.

C. OASD Art and Design Standards and Benchmarks Your Camera Loves You, Learn to Love it Back meets all the benchmarks of the Photography

classes. ● B.12.1.6 Describe, analyze, interpret, and judge art images and objects from various

cultures, artists, and designers. ● E.12.1.2 Communicate ideas by producing advanced design art forms, such as graphic design, product design, architecture, landscape, and media arts, such as film, photography, and multimedia. ● E.12.1.3 Communicate ideas by producing popular images and objects, such as folk art, traditional arts and crafts, popular arts, mass media, and consumer products. ● F.12.1.6 Use a range of media techniques to create art. ● I.12.1.2 Make art that explores a variety of emotions. ● J.12.1.7 Understand and apply art criticism and aesthetic knowledge in art and design.

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● L.12.1.2 Continue to develop a base of knowledge and skills from which to create new ideas.

● C.12.1.3 Use design to create artworks that have different meanings. ● D.12.6 Apply problem-solving strategies that promote fluency, flexibility, elaboration,

and Originality. ● G.12.1.1 Use visual images as tools for thinking and communicating. ● G.12.1.4 Create works of art that have complex meanings. ● J.12.1.2 Choose materials and techniques to influence the expressive quality of art. ● K.12.1.2 Invent new artistic forms to communicate ideas and solutions to problems. ● L.12.1.1 Use their knowledge, intuition, and experiences to develop ideas for artwork. ● C.12.1.1 Use the elements and principles of design in sophisticated ways. ● C.12.1.4 Use advanced design techniques to improve and/or change artwork. ● C.12.1.7 Apply advanced craft and skills to consistently produce quality art. ● C.12.1.8 Use the natural characteristics of materials and their possibilities and limitations to create works of art. ● C.12.1.10 Assume personal responsibility for their learning and the creative process.

IV. Impact on District Goals: STRATEGIC AIM #1:

OASD will target student programs and services to the skills young people will need to succeed in a changing world. STRATEGIC AIM #2: OASD will align human and financial resources to meet student program and service needs.

I. Budget/Financial Impact

The funding for this adoption request would come from the 2011-112 curriculum set aside budget and result in a total cost not to exceed $ which would cover Your Camera Loves You: Learn to Love it Back by Khara Plicanic and accompanying teacher resources.

Costs: Year 1 Year 2

Year 3

Your Camera Loves You: Learn to Love it Back by Khara Plicanic textbooks and teacher materials Shipping: Total:

$ 1,277.50 $ 0.0 $ 1,277.50

Net Budget Impact Not to exceed $ 1,277.50

Reviewed by District Business Office � Yes � No ● Fits into budget � Does not fit into budget Explain:

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Does Board of Education action require an addition, deletion or change to policies? � Yes � No If Yes, what action is needed?

___________________________________________________________ VI. Primary Contact for More Information: Shelly Muza, Director of Curriculum and Instruction Phone 424-1354 Christina Hyde Art Department Chair

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February 8, 2012

RESOLUTION #9 CARRIED_______ LOST_______ WITHDRAWN_______ LAID OVER_______ BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve the superintendent search process as filed with the secretary to the Board of Education.

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February 8, 2012 RESOLUTION #10 CARRIED______ LOST _____ WITHDRAWN _____ LAID OVER _____ BE IT RESOLVED, that the Oshkosh Area School District Board of Education waive the bid process for hiring a firm to complete redistricting should the alternative plan to Oaklawn need to be enacted; BE IT FURTHER RESOLVED that the Oshkosh Area school District contract with the firm Martenson and Eisele for said work according to the “Option B” proposal; BE IT FURTHER RESOLVED that the Board of Education sign the Agreement for Professional Purposes for “Option B” at the request of Administration as filed with the secretary to the Board of Education.

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Board Meeting Date: February 8, 2012 Agenda Item:Resolution #10

STAFF REPORT - EXECUTIVE SUMMARY

(Also to be used with resolution going directly to the Board)

SUBJECT: Waiver of Bid Process for Redistricting in Relation to Alternative Plan for Oaklawn Presenter(s): Holly Rottier I. Overall Content/Purpose of Presentation: The Board is being asked to waive the bid process for hiring a firm to complete redistricting in the

event that an Oaklawn referendum fails, and the established alternative plan must be enacted.

II. Board Motion Needed (if any) Be it resolved that the Oshkosh Area School District Board of Education waive the bid process for

hiring a firm to complete redistricting should the alternative plan to Oaklawn need to be enacted;

Be it further resolved that the Oshkosh Area School District contract with the firm Martenson and

Eisele for said work according to the "Option B" proposal filed with the Secretary of the Board of

Education; Be it further resolved that the Board of Education sign the Agreement for Professional

Purposes for "Option B" at the request of administration .

III. Major Points in this Report: A. Martenson and Eisele (M&E) have worked with the district in the past on redistricting and have

a large part of the foundational map work completed for the project from these past projects.

B. Because of the compressed timeline, and the need to release the details of the alternative plan for

Oaklawn as soon as possible after the referendum vote, work must be completed quickly. M&E

originally did not think the work could be completed sooner than July 1, 2012, however

understanding the need to communicate school assignments before the end of the school year, M&E

abberviated their timelines in their proposals so that either proposal guarantees work is completed

and able to be presented at the May 23, 2012 Board of Education meeting.

C. The BOE does have the choice to select Option "A" to pay $5000 of the cost for the project to

begin as soon as possible. This would bring the overall cost down approximately $5000 from

Option "B." In the event that an Oaklawn referendum passes, this $5000 would not be returned.

The district is recommending that the BOE choose to wait to begin work on redistricting until after

the vote on Oaklawn. This means that on April 4, 2011, in the event that the Oaklawn referendum

fails, Option "B" would be enacted, and cost $19,980 + $600 (please see proposal).

D.

IV. Impact on District Goals:

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Vision Statement: Our vision statement is a realistic, credible, attractive future for this District.We will be an innovative school system recognized for excellence in education. We will achieve excellence through open, interactive participation of students, staff, parents, and the community. Our students will demonstrate the skills needed to succeed in a changing world.

Mission Statement: Our mission statement describes the purpose of the District. We commit ourselves to educate and inspire all students to achieve their full potential. Our students will master challenging district standards and benchmarks and develop creative and critical thinking abilities. We empower students to be life-long learners and caring, responsible citizens of our global community.

Strategic Aim #1: OASD will target student programs and services to the skills young people will need to

succeed in a changing world. Strategic Aim #2: OASD will align human and financial resources to meet student program and service needs. Strategic Aim #3: OASD will continue to promote partnerships to improve student learning.

V. Budget/Financial Impact

Costs: Year 1 Year 2 Year 3 Salary/Benefits Other

Less: New revenues or cost reductions applicable to program

$19,980 + 600

Net Budget Impact $20,580

Reviewed by District Business Office Yes No Fits into budget Does not fit into budget

Explain:At this time the district has not budgeted funds to allocate toward enacting the alternative plan to Oaklawn. District administrators would be charged with finding the funding within the existing budget. Does Board of Education action require an addition, deletion or change to policies? Yes No If Yes, what action is needed? VI. Primary Contact for More Information: Name:Holly Rottier Phone: 920-424-0100

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AGREEMENT FOR PROFESSIONAL SERVICES

Date: January 20, 2012

Project Number: P-2012-013 – Option “A”

Client Information Holly Rottier Director of Assessment, Improvement & Communications Oshkosh Area School District 215 S Eagle Street Oshkosh, WI 54903

Project Description: Oshkosh Area School District Boundary Maps

Scope of Services: Please see Attachment “A”

Special Terms: The timeline for Option “A” begins in February and concludes in May. With this option, the Oshkosh Area School District would commit to payment of fees earned in February and March not to exceed $5,000. If the April 3, 2012 referendum is approved, Martenson & Eisele, Inc. would complete the project with final deliverables to be presented at the May 23, 2012 meeting of the Board of Education. The remaining fees would be billed based on our normal billing schedule.

Compensation: $14,676 (includes the $5,000 for February and March) plus an estimated $600 in reimbursable expenses (printing and mileage).

Contract Type: Fixed Fee

Completion Schedule: Begin within two (2) business days after being authorized to proceed. Project will be completed with presentation of the maps at the May 23, 2012 meeting of the Board of Education.

Acceptance - Additional Terms: The Martenson & Eisele, Inc. 2012 General Terms and Conditions, as amended from time to time, is incorporated herein by reference, and this Agreement for Professional Services is subject to the terms and conditions thereof. By signing below, Client/Owner accepts this Agreement for Professional Services (including any attachments, addendums, and incorporated documents) and authorizes Martenson & Eisele, Inc. to proceed with the Services contemplated thereby. This Agreement for Professional Services constitutes an offer to Client/Owner, which will expire sixty (60) days after the date hereof, unless accepted by Client/Owner or revoked by Martenson & Eisele, Inc. in writing before such expiration. Oshkosh Area School District Martenson & Eisele, Inc. By: ______________________________________ By: (Authorized Signature) Jonathan P. Bartz

Title: ____________________________________ Title: President Date: ____________________________________ Date: January 20, 2012

Please retain one copy for your records and fax or email the original to 920-733-8578 or [email protected]

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AGREEMENT FOR PROFESSIONAL SERVICES

Date: January 20, 2012

Project Number: P-2012-013 – Option “B”

Client Information Holly Rottier Director of Assessment, Improvement & Communications Oshkosh Area School District 215 S Eagle Street Oshkosh, WI 54903

Project Description: Oshkosh Area School District Boundary Maps

Scope of Services: Please see Attachment “A”

Special Terms: The timeline for Option “B” would be from April 4, 2012 to May 23, 2012. Because of the short timeline for the completion of the project, Martenson & Eisele, Inc. will need to hire temporary staff to allow our Planning Technician to be relieved of her front office duties in order to focus on the project. The compensation shown below includes additional fees to cover the cost of temporary staff for front office duties.

Compensation: $19,980 (includes additional fees for temporary staff) plus an estimated $600 in reimbursable expenses (printing and mileage).

Contract Type: Fixed Fee

Completion Schedule: Begin within two (2) business days after of being authorized to proceed. Project will be completed with presentation of the maps at the May 23, 2012 meeting of the Board of Education.

Acceptance - Additional Terms: The Martenson & Eisele, Inc. 2012 General Terms and Conditions, as amended from time to time, is incorporated herein by reference, and this Agreement for Professional Services is subject to the terms and conditions thereof. By signing below, Client/Owner accepts this Agreement for Professional Services (including any attachments, addendums, and incorporated documents) and authorizes Martenson & Eisele, Inc. to proceed with the Services contemplated thereby. This Agreement for Professional Services constitutes an offer to Client/Owner, which will expire sixty (60) days after the date hereof, unless accepted by Client/Owner or revoked by Martenson & Eisele, Inc. in writing before such expiration. Oshkosh Area School District Martenson & Eisele, Inc. By: ______________________________________ By: (Authorized Signature) Jonathan P. Bartz

Title: ____________________________________ Title: President Date: ____________________________________ Date: January 20, 2012

Please retain one copy for your records and fax or email the original to 920-733-8578 or [email protected]

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Martenson & Eisele, Inc. 2012 General Terms & Conditions

Martenson & Eisele, Inc. Page 1

This Martenson & Eisele, Inc. 2012 General Terms & Conditions, as amended from time to time, is incorporated into the Agreement for Professional Services between Client/Owner and Martenson & Eisele, Inc. This 2012 General Terms and Conditions and the Agreement for Professional Services between Client/Owner and Martenson & Eisele, Inc. are referred to collectively hereinafter as "this Agreement." Payment - Invoicing - Suspension of Services 1. Martenson & Eisele, Inc. (M&E) shall send invoices to the Client/Owner as frequently as monthly. Client/Owner agrees to pay a service charge at the rate of 1.0% per month on any amount(s) not paid within 30-days after mailing of any invoice. In the event that Client/Owner fails to perform any obligations under this Agreement, M&E may, in its sole discretion, after giving 48-hours notice to Client/Owner, suspend service under this Agreement until the Client/Owner has paid in full all amounts owed to M&E and/or until Client/Owner has remedied any other failed performance under this Agreement to the reasonable satisfaction of M&E. In the event that Client/Owner fails to perform any of its obligations to M&E under this Agreement, Client/Owner shall be liable to M&E for any and all damages, costs, and expenses resulting therefrom, including but not limited to charges on past due invoices, services charges, court costs, investigation fees, mediation fees, and attorney fees. No delay or omission by M&E to exercise any right or power occurring upon any non-compliance or failed performance by Client/Owner under this Agreement shall impair any such right or power or be construed to be a waiver thereof; in addition, any waiver by M&E shall not be construed as a waiver of M&E's right or power in the event of any succeeding non-compliance or failed performance by Client/Owner of this Agreement. Notice Regarding Lien Rights 2. AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, M&E HEREBY NOTIFIES CLIENT/OWNER THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR PROCURING LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION ON CLIENT/OWNER’S LAND MAY HAVE LIEN RIGHTS ON CLIENT/OWNER’S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO M&E, ARE THOSE WHO CONTRACT DIRECTLY WITH CLIENT/OWNER OR THOSE WHO GIVE THE CLIENT/OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION. ACCORDINGLY, CLIENT/OWNER MAY RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION, AND CLIENT/OWNER SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. M&E AGREES TO COOPERATE WITH CLIENT/OWNER AND CLIENT/OWNER’S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. M&E WILL PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS ACCORDING TO THIS AGREEMENT. CLIENT/OWNER AGREES TO GIVE ITS MORTGAGE LENDER AN EXTRA COPY OF THIS AGREEMENT WITHIN 10 DAYS AFTER EXECUTION, SO ITS LENDER WILL KNOW THAT M&E IS INCLUDED IN THE JOB. Project Scope and Change of Scope 3. The stated fees and Scope of Services constitute M&E's best estimate of the fees and tasks required to perform the services as defined. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning. As the project progresses, unknown and/or unanticipated events and circumstances may require changes to this Agreement, including but not limited to the Scope of Services and M&E's fees. In such an event, both parties agree to promptly inform the other in writing of any such occurrences, and the parties agree to make any changes to this Agreement which may be necessary to effectuate the intent and purpose of this Agreement. Additional Costs and Services 4. M&E's fee, expenses, and schedule commitments under this Agreement shall be subject to modification in the event of unknown or unanticipated cost increases and for delays caused by the Client/Owner's failure to provide funds, facilities, permits, applications, documents, equipment, information, or any items required under this Agreement, or for delays caused by unpredictable or unanticipated occurrences, including without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Reimbursable Expenses 5. Client/Owner shall reimburse M&E for all expenses incurred by M&E regarding the project, whether anticipated or unanticipated, foreseen or unforeseen, expected or unexpected, including but not limited to costs of equipment rental, consultants, and subcontractors. Client/Owner shall reimburse M&E for such expenses at the rate of cost plus 10%. If subsequent to execution of this Agreement, M&E discovers that specialized equipment must be purchased to perform its obligations under this Agreement, the cost of such equipment will be added to M&E's fee for professional services only after the Client/Owner has been notified and agrees to such cost. If a Client/Owner needs M&E to supply application and/or permit fees, there is a $25 charge or ten (10) percent of the amount of the check(s), whichever is greater. Insurance - Indemnification - Professional Services 6. M&E will maintain statutory Worker’s Compensation and Employer Liability Insurance. In Addition, M&E will maintain Comprehensive General Liability Insurance and Automobile Liability Insurance with bodily injury limits of at least $500,000/$500,000 and property damage limits of $100,000. A certificate of insurance will be provided, upon request. If the Client/Owner requires coverage or limits in addition to the above stated amounts, premiums for additional insurance shall be paid by the Client/Owner. Notwithstanding whatever may be stated elsewhere in this Agreement, in any event, M&E's aggregate liability to Client/Owner and any other third party(s) for any indemnity commitments, reimbursement of legal fees, and/or for any and all damages arising from or in any way

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Martenson & Eisele, Inc. 2012 General Terms & Conditions

Martenson & Eisele, Inc. Page 2

related to the performance (or failed performance) of M&E under this Agreement is limited to $1,000,000.00. Client/Owner waives and shall defend, indemnify, and hold M&E harmless from and against any and all claims in which such aggregate liability exceeds or could exceed $1,000,000.00 Client/Owner has had the opportunity to consult with professional counsel prior to signing this Agreement and will procure such legal, accounting and insurance counseling services as necessary during the course of performance of this Agreement at its own expense. As a precondition to litigation, all unresolved claims, disputes and other matters in question between the Client/Owner and M&E shall first be submitted to mediation. Termination 7. Termination of this Agreement by the Client/Owner or M&E shall be effective upon 7-days written notice to the other party. In the event that Client/Owner provides such notice to M&E, the notice shall include the reasons and details for termination with payment of all costs and expenses as itemized in paragraph 1 incurred by M&E through and including the date of termination. Ownership of Documents 8. All documents, including, but not limited to, drawings, specifications, reports, boring logs, field notes, calculations, and estimates, prepared by M&E as instruments of service pursuant to this Agreement (the "Instruments"), shall be the sole property of M&E unless Client/Owner agrees to waive any and all claims against M&E and to defend, indemnify, and hold M&E harmless from and against any and all claims, losses, liabilities, and damages arising out of or resulting from the unauthorized use, reuse, or alteration of the M&E’s designs, drawings, and specifications. Documents produced by M&E shall not be used at any location or for any project not expressly provided for in this Agreement without the written permission of M&E. Client/Owner agrees that all documents of any nature furnished to Client/Owner or Client/Owner’s agents or designees, if not paid for, will be returned upon demand and will not be used by Client/Owner for any purpose whatsoever. It is expressly understood that Client/Owner may use the content of the Instruments solely for the purposes intended by this Agreement and only after it has paid for the same in full; furthermore, Client/Owner acknowledges that the Instruments incorporate certain formats, designs, methods, preparations, practices, and trade secrets of M&E, all of which M&E considers to be proprietary, and M&E shall retain all ownership rights of the Instruments with respect thereto except as specifically provided for in this Agreement; M&E's remedies for any unauthorized use thereof shall include but not be limited to damages for breach of this Agreement and applicable trade secret laws. After project completion and receipt of all payments due, if Client/Owner or Client/Owner’s agents or designees desire copies of said documents, Client/Owner agrees to pay M&E for all charges related thereto on a time and materials basis. Charges for materials, labor, and other costs will be based upon M&E’s Reimbursable Expenses Schedule and/or M&E's general business practices, as such may be amended from time to time. Modification - Purchase Orders 9. This Agreement, upon execution by both parties hereto, may be amended only by written instrument signed by both parties. In the event that Client/Owner issues a purchase order or other instrument related to M&E's services, it is understood and agreed that such document is for Client/Owner's internal accounting purposes only and shall in no way modify, add to or delete any of the terms and conditions of this Agreement. If the Client/Owner does issue a purchase order, or other similar instrument, it is understood and agreed that M&E shall make an effort to indicate the purchase order number on the invoices sent to the Client/Owner. Professional Standards and Practices 10. M&E will provide all services in accordance with generally accepted professional planning, environmental, surveying, engineering, and architectural practices. M&E will not provide or offer to provide services in excess of, inconsistent with, or contrary to such practices, and M&E makes no warranty, representation, contract, agreement, or guarantee of any kind, expressed or implied, except as specifically recited herein. Similarly, M&E will not accept those terms and conditions offered by the Client/Owner in any purchase order, requisition, notice of authorization to proceed, or any other document except as set forth herein or expressly agreed upon in writing. Written acknowledgment of receipt of any such document(s), or the performance of services subsequent to the receipt thereof, shall not constitute a modification of this Agreement or M&E's agreement with any terms or conditions contrary to those set forth herein. 11. M&E intends to serve as the Client/Owner's professional representative for those services, as defined in this Agreement, and to provide advice and consultation to the Client/Owner as a professional. Any opinions of probable project costs, approvals and other decisions made by M&E for the Client/Owner are rendered on the basis of experience and qualifications and represent M&E's professional judgment. 12. M&E shall accept no responsibility whatsoever for and shall have no authority to direct or supervise the means, methods, techniques, sequence, practices or procedures of any Contractors or Subcontractors, or the safety, precautions, and programs incident to the work of any such Contractors or Subcontractors. 13. The Client/Owner shall be responsible for maintenance of the structure, or portions of the structure, which have been completed and have been accepted for its intended use by the Client/Owner. All structures are subject to wear and tear, and environmental and man-made exposures. As a result, all structures require regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance is the sole responsibility of the Client/Owner. M&E shall have no responsibility for such issues or any resulting damages. 14. Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers, or to render any of said parties liable for the debts or obligations of any other.

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Attachment A – Mapping Services Page 1

Martenson & Eisele, Inc. - Attachment A

Oshkosh Area School District School District Boundary Mapping Services

Phase: P20 Draft Document Labor Code: PL06 Client Meetings

o Review mapping needs with client

Labor Code: PL03 Document Preparation o Geocode student address information o Develop alternative boundaries

Phase: P30 Document Review Labor Code: PL06 Client Meetings (up to three)

o Review drafts of the boundaries

Labor Code: PL03 Document Preparation o Revise the boundaries

Phase: P40 Final Document Labor Code: PL05 Public Meetings

o Attend the Board of Education meeting

Labor Code: PL04 Publication/Distribution o Produce and provide printed and electronic version(s) of the map(s)

Phase: PM10 Project Management

Labor Code: PM01 Project Management o Client communications o General project management

Labor Code: PM02 Project Set Up/Close Out o Proposal preparation o Project close out

Items Needed From the Client to Complete Work

o Names, locations, total student capacity, and desired student capacity of the elementary, middle, and high school buildings

o Spreadsheets with the addresses of each student broken down by graduation year Available Services: Complete planning, environmental, surveying, engineering, and architectural services are available from Martenson & Eisele, Inc.

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February 8, 2012 RESOLUTION #11

CARRIED _______ LOST ________ WITHDRAWN ________ LAID OVER ________ BE IT RESOLVED, that the Oshkosh Area School District Board of Education approve directing district administrators to increase the secondary teaching load to realize approximately $1.9 million in savings as filed with the secretary to the Board of Education.

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Board Meeting Date: February 8, 2012 Agenda Item:Resolution #11

STAFF REPORT - EXECUTIVE SUMMARY

(Also to be used with resolution going directly to the Board)

SUBJECT: Budget Reconciliation Presenter(s): Dr. Donald Viegut, Dr. David Gundlach, Robert Tess, Shelly Muza, Kim Brown, Larry Lewis, Robert Geigle, and Holly Rottier I. Overall Content/Purpose of Presentation: The resolution for budget reconciliation is being brought forth to balance a portion of the 2012-13

budget. Only decisions that affect staffing are being brought to the board so that the district can

accomplish staffing in a timely manner. The board is being asked to direct administration to

change the secondary teaching load, increasing assignments, to address approximately $1.9 million

of the 2012-13 budget deficit.

II. Board Motion Needed (if any) Be it resolved that the Oshkosh Area School District Board of Education direct district

administrators to increase the secondary teaching load to realize approximately $1.9 million in

savings.

III. Major Points in this Report: A. District employees and administrators have had several meetings since the January 25, 2012

board meeting to collaborate on a solution to the $3.4 million budget deficit for 2012-13. This was a

direct result of a request made by the Board of Education to the administration to seek additional

employee input on addressing the budgetary shortfall.

B. If the Board of Education fails to pass this resolution, the administration will request that salary

negotiations be opened so that all options to address the $1.9 million shortfall can be explored.

C. The process and recommendation for budget reconciliation beyond the $1.9 million remains the

same. Careful planning has taken place to ensure that all budget reductions have the ability to be

enacted. To allow for proper planning and research, new suggestions for reconciliation items

brought to the administration will be considered to address the budget deficit for 2013-14.

D. Once the strategic benefits manual is brought to the Board of Education on May 9, 2012, the

Board of Education will know the full amount left to reduce. At that time, the board will have the

opportunity to reexamine items from this list to make the final reductions necessary to address the

budget deficit.

IV. Impact on District Goals:

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Vision Statement: Our vision statement is a realistic, credible, attractive future for this District.We will be an innovative school system recognized for excellence in education. We will achieve excellence through open, interactive participation of students, staff, parents, and the community. Our students will demonstrate the skills needed to succeed in a changing world.

Mission Statement: Our mission statement describes the purpose of the District. We commit ourselves to educate and inspire all students to achieve their full potential. Our students will master challenging district standards and benchmarks and develop creative and critical thinking abilities. We empower students to be life-long learners and caring, responsible citizens of our global community.

Strategic Aim #1: OASD will target student programs and services to the skills young people will need to

succeed in a changing world. Strategic Aim #2: OASD will align human and financial resources to meet student program and service needs. Strategic Aim #3: OASD will continue to promote partnerships to improve student learning.

V. Budget/Financial Impact

Costs: Year 1 Year 2 Year 3 Salary/Benefits Other

Less: New revenues or cost reductions applicable to program

-$3.4 million

-$3.1 million

-$5.1 million

Net Budget Impact -$3.4 million -$3.1 million -$5.1 million

Reviewed by District Business Office Yes No Fits into budget Does not fit into budget

Explain:Reductions must be made to balance district budget. Does Board of Education action require an addition, deletion or change to policies? Yes No If Yes, what action is needed? VI. Primary Contact for More Information: Name:Robert Tess, Donald Viegut, or Holly Rottier Phone: 920-424-0395