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Massapequa Public Schools
Massapequa, NY
Board of Education
July 2, 2019
6:30 PM
Our mission is to educate all students to their highest level of academic potential and to
teach them the skills and knowledge to become capable, creative and responsible
members of our society. Responsibility for learning must be shared by all – children,
parents, teachers and community.
Students who desire to comment at a Board meeting should make their presence known
to the District Clerk prior to the beginning of the meeting so that the Board President can
consider allowing the comments to be made at the beginning of the meeting.
The Board of Education meeting will be called to order at the time listed above in the
Board of Education Room. It is expected that the Board will move directly into
Executive Session for the purpose of discussing matters appropriate under the Open
Meetings Law. Following the Executive Session the Board will reconvene in the Board
Room at approximately 8 p.m. unless otherwise noted.
I/ Call to Order
1} Roll Call
II/ Oath of Office - Newly Elected Board Members
III/ Election of Officers of the Board for 2019-20
IV/ Board of Education Officers and Superintendent of Schools Take Oath of Office
V/ Resolutions
1} Resolved that the Board of Education approve the appointment of the District
Personnel listed below:
District Clerk Anne Marie Bellizzi
Deputy District Clerk Susan Casquarelli
District Treasurer Lisa Beratis
Deputy Treasurer Alan Adcock
2} Resolved that the Board of Education approve the appointments listed below:
Claims Berger, MacDonald & Rand
Internal Auditor Cerini & Associates
Attorneys for the School District Guercio & Guercio LLP
Bond Counsel Hawkins, Delafield & Wood
External Independent Auditor R. S. Abrams & Company
Agenda – Board of Education Meeting July 2, 2019 Page | 2
District Insurance Consultant NY School Insurance Reciprocal (NYSIR)
Unemployment Cost Management TALX Corp. (Provider of Equifax)
Workers Compensation Administrator PMA Management Corp.
Appointing Officer for Civil Service Robert Schilling
Certification of Payroll Lucille F. Iconis
Purchasing Agent Christine Petrullo
Records Management Officer Lisa Silveri
Student Hearing Officer Thomas Fasano/Lisa Silveri
Plan Admin-Flexible Spending Accounts Alan Adcock
Residency Hearing Officers Alan Adcock/Thomas Fasano
District Architects H2M Group
Public Information Syntax
Title IX Compliance Officer Lisa Silveri/Robert Schilling
Title VII Compliance Officer Lisa Silveri/Robert Schilling
504 Compliance Officer Dr. Jennifer Mazzotta-Perretti
Asbestos Compliance Officer Timothy O’Donnell
Liaison for Homeless Students Lisa Silveri
Liaison to the Courts for Youth Lisa Silveri
Social Service Worker Provider YES Community Counseling
Systems Administrator Bryan Piotrowski
Chief Emergency Officer Lucille F. Iconis
Fiscal Advisors Capital Market Advisors
District Investigator Covert Investigations
GASB Financial Statements R.S. Abrams
District Security Consultant Covert Investigations
Medicaid Billing Services Nassau BOCES
Fire Safety Consultants KLH Consultants
Affordable Care Act Compliance Seneca Consultant Group
Tax Shelter Compliance Omni Financial Group
State Aid Consultants School Aid Specialists
School District Physician Dr. Adam Carpentieri
3} Resolved that the Board of Education approve the appointments listed below:
Extra Classroom Activity Treasurer
Jason Esposito (Berner)
Tania Willman (Ames)
Brian Conboy (MHS)
Extra Classroom Activity Asst. Treasurer
Jackie Coleman (Berner)
Agenda – Board of Education Meeting July 2, 2019 Page | 3
Marianne Thomson (Ames)
Susan Brown (MHS)
4} District Designations - 2019-20
A. Depositories of District Funds HSBC Bank
(In accordance with General Municipal Law, Citibank
Section 10, all banking institutions listed will JP Morgan Chase Bank
have a maximum investment Level, not to exceed Bank of America
the general fund budget). Capital One
TD Bank
Flushing Bank
Sterling National Bank
B. Official Newspapers Massapequa Post
Massapequa Observer
South Bay’s Neighbor
Newsday
New York Times
C. Persons to Administer Petty Cash Funds
Lucille Iconis $100 Brian Conboy $100
Dr. Thomas Fasano $100 Dr. Michael Yannucci $100
Dr. Jordan McCaw $100 Tania Willman $100
Alan Adcock $100 Fine Arts Director $100
Stephen Aspetti $100 John Piropato $100
Thomas McKillop III $100 Anne Marie Bellizzi $100
Jason Esposito $100 Robert Schilling $100
Dr. Kristi Gerhard $100 Diana Haanraadts $100
Dr. Amanda Lowry $100 Paul Heckelman $100
Deanna Catapano $100 Timothy O’Donnell $100
Bryan Piotrowski $100 T. Willman (CCC Pgm) $100
Brian Conboy (CCC Pgm) $100 J. Esposito (CCC Pgm) $100
Science Research Pgm. $100
5} Resolved that the Board of Education authorizes the Superintendent of Schools to
approve appropriation adjustments up to $5,000 between functional units and to approve all
appropriation adjustments within functional units.
Agenda – Board of Education Meeting July 2, 2019 Page | 4
6} Resolved that the Superintendent of Schools is authorized to approve appointments of
certified staff and classified staff until Board action is taken at its next meeting (with the
exception of the titles of Principals and above).
7} Resolved that the Board President be authorized to sign documents for items approved
in the 2019-20 budget with the exception of those needing Board approval.
8} Resolved that the Purchasing Agent be authorized to enter into cooperative bidding
and purchasing agreements in accordance with Board Policy 6710.
9} Resolved that the Board President, Superintendent of Schools and District Clerk be
authorized to execute and sign contracts for health services between the Massapequa School
District and other local districts for the 2019-20 school year.
10} Resolved that the Board of Education use the criteria as set forth by the Bureau of
School Food Service Management to participate in the 2019-20 State/Federal Free & Reduced
Meal Program.
11} Resolved that the Superintendent or designee be authorized to reimburse business
travel mileage at the current IRS mileage reimbursement rate.
12} Resolved that the Board of Education authorize the President of the Board of
Education to sign checks in the absence of the School District Treasurer or in the absence of
both, that the Vice President be authorized to sign checks.
13} Resolved that the Board of Education readopt all current Board policies.
14} Resolved that the Board of Education authorizes the Superintendent or designee to
approve staff conferences as allocated in the 2019-20 budget.
15} Resolved that upon recommendation of the Architect, change orders may be
approved by the Superintendent, the Deputy Superintendent and the Director of Facilities (or any
two of them) to the extent of $50,000 per change order and to approve the use of the contract
allowance for each prime construction contract and that the change order as approved shall be
submitted to the Board of Education at the next regularly scheduled meeting for approval.
16} Resolved that the following individual(s) shall be authorized to serve in the
principal's seat in the event the principal is absent from the school district on a designated day or
days.
Central Administrators
Curriculum Associates
Executive Assistants
Assistant Principals
Agenda – Board of Education Meeting July 2, 2019 Page | 5
High School Principal (for Ames Campus)
Special Ed. Supervisors
17} Resolved that the following individuals shall be authorized to serve as DASA
Coordinators for the 2019-20 school year
Stephen Aspetti - Birch Lane
Thomas McKillop III - East Lake
Dr. Kristi Gerhard- Fairfield
Dr. Michael Yannucci - Lockhart
Dr. Amanda Lowry - McKenna
Deanna Catapano - Unqua
Jason Esposito - Berner Middle School
Tania Willman - MHS - Ames Campus
Brian Conboy - Massapequa High School
Dr. Thomas Fasano - Central Administration
18} Resolved that the Deputy Superintendent is authorized to remove from inventory and
discard old, worn, unsafe and outdated equipment, furniture and textbooks.
19} Resolved that the Board of Education appoint Long Island Food Service Directors
Association Cooperative Bid Committee to represent the district’s school lunch requirements for
the 2019-20 school year.
20} Resolved that the Board of Education participate in the Educational Data Services
New York/Island Cooperative Bid Program for the 2019-20 school year as per the attached.
21} Resolved that the confidential clerical employees that return to the District in the
evening to record the minutes at Board of Education committee meetings be compensated at their
time and a half rate.
22} Resolved that the Board of Education approve the fees and charges listed for the
2019-20 school year:
a/ Continuing Education Current Suggested
Teachers' Salaries $25.00 hr. $25.00 hr.
Supervisor's Salary $8,700 $8,700
b/ Lunch Prices Current Suggested
Elementary Lunch $2.75 $2.75
Secondary Lunch $3.00 $3.00
Agenda – Board of Education Meeting July 2, 2019 Page | 6
c/ Fees - Use of School Facilities/Equip. Current Suggested
Auditorium - MHS/BMS $175.00 per hr.* $175.00 per hr*
Auditorium - McKenna/MHS Caf./BMS Caf. $150.00 per hr.* $150.00 per hr.*
Cafeteria & General Purpose Room $75.00 * $75.00*
Athletic Field - Massapequa H.S & BMS Turf $175.00 * $175.00* per hr.
Athletic Field/Misc. Grounds $60.00 * $60.00*
Gymnasium - MHS, Ames, BMS, McKenna $160.00 * $160.00 *
Gymnasium-All Other $75.00 * $75.00*
Library, Other Indoor Spaces All Schools $75.00 * $75.00 *
*Additional Service Fees May Apply
Instrument Rental $110.00 $110.00
Miscellaneous Salaries-(Retirees may receive a higher rate as approved by the Human Resources
Administrator)
A/ Pay Rates for Substitute Instructional Personnel and Other Professionals
Current Suggested
1/ Per Diem Salary for Substitute Teachers* $130.00 $135.00
(including, but not limited to "permanent"
Subs, per diem substitutes for short term absences,
OSS Subs, "yellow jackets", etc.)
2/ Per Diem Salary for Substitute Teachers*
who replace the same teacher for 1-20 $130.00 $135.00
consecutive school days
3/ Per Diem Salary for Substitute Teachers* who $135.00 $140.00
replace the same teacher for 21-40 consecutive days
Agenda – Board of Education Meeting July 2, 2019 Page | 7
4/ Per Diem Substitute Teachers* who replace the Current Suggested
same Teacher for 41 or more days in the same position
$155.00 $160.00
Salary for Substitute Teacher Assistant $95.00 $100.00
Retiree rate (20 or more days in same assignment) $155.00 $160.00
Psychologist Special Assignment $400.00 $400.00 per day
Psychological Evals. & CSE Meetings $400.00 $400.00per case
Supplemental Special Education Evaluation $175.00 $175.00
Teacher Summer CSE $ 50.00 per hr. $50.00 per hr.
Speech Evaluators $175.00 $175.00
Supplemental Education Evaluation $175.00 $175.00
AP Proctoring $130.00 per exam
*Teacher includes Guidance Counselors, Psychologists, Speech Pathologists, Social Workers,
and other applicable professionals.
Other
Position: Current Suggested
District Clerk Stipend $9,500.00 $10,500.00
District Treasurer $8,500.00 $12,500.00
Videographer $185.00 session $185.00
session
Audio Visual Coordinator $7,500.00 $7,500.00
Lead Secretary Stipend $2,400.00 $2,500.00
Agenda – Board of Education Meeting July 2, 2019 Page | 8
Current Suggested
Seasonal Help Min. Wage Min. Wage
Seasonal Laborer $12.00 Min. Wage
Part Time Clerical $15.75 $16.50
Part Time Clerical - Retiree $16.25 $17.00
Substitute School Nurse $130/day $135/day
Web Liaison $2,300 $2,400
Web Master $3,675 $3,800
Chemical Safety Officer $3,172 $3,172
Substitute Food Service Helpers Min. Wage Min. Wage
Substitute Cafeteria and School Aides Min. Wage Min. Wage
Home Instruction $56.00 per hr. $56.00 per hr.
Detention - Study Hall $37.25 $37.25
East/ AST Teachers/Academic Coaching $45.50 $45.50
(40 min. session)
Regents Prep Classes $56.00 $56.00
Alternate Evening HS Teachers/Credit Recovery $56.00 $56.00 per hr.
Curriculum Writing $50.00 $56.00 per hr.
Vote Registrars $12.50 per hr. Min. Wage
Building Chairpeople-Voter Registration $14.00 per hr. Min. Wage+$1.50 per
hr.
School Security Guard $23.00per hr. $23.00 per hr.
Agenda – Board of Education Meeting July 2, 2019 Page | 9
OT/PT Current Suggested
* Individual Evaluation $68.00 $68.00
* Group Session $68.00 $68.00
* Individual Session $51.00 $51.00
Occupational Therapist Assistant
Current Suggested
* Group Session $51.00 $51.00
* Individual Session $31.00 $31.00
23} Resolved that the individual below is designated as a surrogate parent to be utilized
in the event of a student with disability who is in need of such surrogate parent service during the
2019-20 school year:
Marie Festa
5 Surrey Road
Massapequa, NY 11758
24} Resolved that the Board of Education appoints the following individuals to the
Committee on Special Education for the 2019-20 school year, as per Commissioners
Regulations, Part 200:
Dr. Jordan McCaw, Executive Director/Chairperson CSE
Kristen Catalano, Chairperson CSe/CPSE
Danielle Helfand - Supervisor/Chairperson for the CSE
TBD - Supervisor/Chairperson for the CSE
Dr. Jennifer Mazzotta-Perretti - Exec. Asst. & Chairperson for the CSE/CPSE
Amanda Lenoci - Supervisor/Chairperson for the CSE
Stefanie DelGiorno - Supervisor, Chairperson for the CSE
Michelle Provenzano - CSE Chairperson
Rachel Barshak- Supervisor/Chairperson for the CSE
Adam Carpentieri, DO - Chief School Physician
All District Psychologists, Alternate Chairpeople
General Education Teachers
Parent of the Student
Student with Disability (if appropriate)
Agenda – Board of Education Meeting July 2, 2019 Page | 10
Special Education Teachers
Parent Members
Angela Grisanzio
Mary Panto
Allison Prystupa
District Committee on Pre-School Special Education
The Board appoints the individuals below to the District Committee on Pre-School Special
Education for the 2019-20 school year as per Commissioners Regulations, Part 200;
Kristen Catalano, Chairperson CSE/CPSE
Dr. Jordan McCaw, Executive Director Alternate Chairperson
Rachel Barshak, Alternate Chairperson
Danielle Helfand, Alternate Chairperson
TBD, Alternate Chairperson
Amanda Lenoci, Alternate Chairperson
Stefanie DelGiorno, Alternate Chairperson
Dr. Jennifer Mazzotta-Perretti, Alternate Chairperson
Michelle Provenzano - Alternate Chairperson
All District Psychologists
Parent Member
Sub-committee on Special Education
The individuals below are appointed to the subcommittee on Special Education for the 2019-20
school year as per Commissioner's Regulations, Part 200. Each sub-committee will be composed
of the following:
CSE Chairperson
Pupil's General and Special Education teachers
Special Education service providers, as appropriate Psychologist (as needed)
Parent of the Student
Student with disability (if appropriate)
Special Education Teachers
25} Resolved that the Massapequa Union Free School District hereby establishes the
following as standard work days for elected and appointed officials and will report the following
days worked to the New York State and Local Employees' Retirement System based on the
Agenda – Board of Education Meeting July 2, 2019 Page | 11
record of activities maintained and submitted by the officials to the clerk of this body as per the
attached.
26} Resolved that the Board of Education adopt the 2019-20 Board meeting calendar.
The Board of Education allows time at the conclusion of its regular meetings for
comments from residents in attendance. Please note that any person wishing to speak
during this time shall comply with all provisions of Board policy. Although a total of
thirty minutes is allowed for comments, the Board President has discretion to adjust the
total time. We remind you to keep your comments to three minutes and to conduct
yourself in a respectful manner. Please address school matters only and refrain from
addressing topics related to personnel matters or individual students. Such concerns
should be discussed privately with the Superintendent or administrator at an appropriate
time. The Board is here to listen and cannot provide immediate feedback or engage in
open dialogue. Any necessary follow-up will be noted and provided at a later date.
MASSAPEQUA SCHOOL DISTRICT WEB-SITE – www.msd.k12.ny.us
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:47 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Appoint District Personnel
Resolved that the Board of Education approve the appointment of the District Personnel listed
below:
District Clerk Anne Marie Bellizzi
Deputy District Clerk Susan Casquarelli
District Treasurer Lisa Beratis
Deputy Treasurer Alan Adcock
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Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:47 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Approve District Appointments
Resolved that the Board of Education approve the appointments listed below:
Claims Berger, MacDonald & Rand
Internal Auditor Cerini & Associates
Attorneys for the School District Guercio & Guercio LLP
Bond Counsel Hawkins, Delafield & Wood
External Independent Auditor R. S. Abrams & Company
District Insurance Consultant NY School Insurance Reciprocal (NYSIR)
Unemployment Cost Management TALX Corp. (Provider of Equifax)
Workers Compensation Administrator PMA Management Corp.
Appointing Officer for Civil Service Robert Schilling
Certification of Payroll Lucille F. Iconis
Purchasing Agent Christine Petrullo
Records Management Officer Lisa Silveri
Student Hearing Officer Thomas Fasano/Lisa Silveri
Plan Admin-Flexible Spending Accounts Alan Adcock
Residency Hearing Officers Alan Adcock/Thomas Fasano
District Architects H2M Group
Public Information Syntax
Title IX Compliance Officer Lisa Silveri/Robert Schilling
Title VII Compliance Officer Lisa Silveri/Robert Schilling
504 Compliance Officer Dr. Jennifer Mazzotta-Perretti
Asbestos Compliance Officer Timothy O’Donnell
Liaison for Homeless Students Lisa Silveri
Liaison to the Courts for Youth Lisa Silveri
Social Service Worker Provider YES Community Counseling
Systems Administrator Bryan Piotrowski
Chief Emergency Officer Lucille F. Iconis
Fiscal Advisors Capital Market Advisors
District Investigator Covert Investigations
GASB Financial Statements R.S. Abrams
District Security Consultant Covert Investigations
Medicaid Billing Services Nassau BOCES
Fire Safety Consultants KLH Consultants
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Resolution (ID # 4116) Meeting of July 2, 2019
Updated: 6/28/2019 8:47 AM by Anne Marie Bellizzi Page 2
Affordable Care Act Compliance Seneca Consultant Group
Tax Shelter Compliance Omni Financial Group
State Aid Consultants School Aid Specialists
School District Physician Dr. Adam Carpentieri
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May 15, 2019 Alan C. Adcock Deputy Superintendent Massapequa Public Schools 4925 Merrick Road Massapequa, New York 11758 Dear Alan: We are very pleased to continue our service as internal auditors for the Massapequa Public School District (hereinafter, “the District”). This letter is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. Our responsibilities will be to provide the District with internal audit services for the 2019-2020 fiscal year. Such services will consist of the following:
Perform a risk assessment. Perform Control Testing in specific area(s), in accordance with the audit plan determined
by the District’s audit committee and documented under separate cover. Report the results of each area tested to the Board of Education of the District (hereinafter,
“the Board”). Provide recommendations to enhance the District’s internal controls to the Business Office
personnel and the Board, where applicable. Monitor previous recommendations to improve internal controls and provide status
reports to the Board.
The fees for the aforementioned services for the fiscal year ending 2020 will be based upon the following discounted billing rates and will be billed as incurred throughout the year: Partner ........................................................................................................... $195 Supervisor ..................................................................................................... $145 Senior Accountant ......................................................................................... $125 Staff Accountant ........................................................................................... $100 Paraprofessional ............................................................................................ $ 70 Our fees for the year ending 2020 will not exceed $25,000 without first receiving Board approval. We will notify you when our hours approach this level. We will submit a bill to the Board no less frequently than every thirty (30) days for services performed during the preceding month. The bill will describe the services rendered. Expenses will be separately stated on the bill along with fees for services performed during the preceding month. Expenses will include all out-of-pocket expenses paid by us for any and all work relating to the District. Invoices that are outstanding for more than 30 days will be assessed a 1.5% finance charge per month. In accordance with our firm policies, work may be suspended
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Massapequa Public School District Page 2 of 3
if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. In addition, should any unpaid balances be referred to outside counsel for collection, you will be responsible for any costs associated with the collection of any outstanding balance due us for work performed. In performing our engagement, we will be relying on the accuracy and reliability of information provided by District personnel. We will not audit, examine, or review the information. Our engagement cannot be relied upon to disclose errors, fraud, or illegal acts that may exist. However, we will inform you of any material errors that come to our attention and any fraud or illegal acts that come to our attention. The evaluation of Internal Control cannot identify all current and potential weaknesses. The procedures we perform in our engagement will be heavily influenced by the representations that we receive from District personnel. Accordingly, false representations could cause inaccurate findings and, therefore, inappropriate recommendations may be developed and critical recommendations may go unidentified. By signing this agreement, you understand and accept responsibility for the accuracy and completeness of the information provided to us by District personnel. We will present our findings and recommendations in writing and orally for your review. You will, of course, be free to follow or to disregard, in whole or in part, any recommendations we may make. You will be responsible for any and all decisions regarding implementation of the recommendations. In the event that you, in our sole discretion, fail to provide us with any requested information in a timely manner, misrepresent information or facts to us or refuse to include information in a report on risk assessment or control testing that we recommend be include, we reserve the right to withdraw from this engagement without completing the services outlined herein. Such withdrawal will complete our engagement and you will be obligated to compensate us for all time expended through the date of our withdrawal. This engagement is terminable by the District at any time, subject to the payment of any outstanding invoices, or any unbilled fees owed to us. You may request that we perform additional services that are not contemplated by this engagement letter and therefore are not included in the above fee estimate. If this occurs, we will communicate with you the scope of the additional services and the estimated fees. We will also issue a separate engagement letter covering the additional services. In the interest of facilitating our services to the District, we may communicate by facsimile transmission or send electronic mail over the Internet. Such communications may include information that is confidential to your company. Our firm employs measures in the use of facsimile machines and computer technology designed to maintain data security. While we will use our best efforts to keep such communications secure in accordance with our obligations under applicable laws and professional standards, you recognize and accept that we have no
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control over the unauthorized interception of these communications once they have been sent and consent to our use of these electronic devices during this engagement. Furthermore, we may collect nonpublic personal information about you, your employees, and your clients that is provided to us by you or obtained by us with your authorization. For current and former clients, we do not disclose any nonpublic personal information obtained in the course of our practice except as required or permitted by law. Permitted disclosures include, for instance, providing information to our employees and, in limited situations, to unrelated third parties who need to know that information to assist us in providing services to you. In all such situations, we stress the confidential nature of information being shared. We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. In order to guard your nonpublic information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards. It is hereby understood and agreed that this engagement is being undertaken solely for the benefit of the District and that no other person or entity shall be authorized to enforce the terms of this engagement. If the foregoing is in accordance with your understanding, please sign the letter in the space provided and return it to us. We shall be pleased to discuss this letter with you at any time. Sincerely,
Bohemia, New York Acknowledged: Massapequa Public School District Signature and Title Date
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Telephone: 212-820-9406 Facsimile: 212-820-9668 e-mail address: [email protected] June 10, 2019
Massapequa Union Free School District, New York Bond Counsel Letter of Engagement Letter 2019-2020 (Our File Designation: (2023/6663)
Alan Adcock Deputy Superintendent Massapequa Union Free School District Administration Office 4925 Merrick Road Massapequa, New York 11758
Dear Alan: via e-mail: [email protected]
BOND COUNSEL LETTER OF ENGAGEMENT FOR 2019-2020
This is a Letter of Engagement to retain the services of Hawkins, Delafield & Wood
LLP as bond counsel to the Massapequa Union Free School District, in the County of Nassau, New York (the “School District”) for the school year commencing July 1, 2019 and ending June 30, 2020, in relation to (i) financing of the $41,800,000 capital projects approved by the voters on January 23, 2018, (ii) financing of the $7,154,429 capital projects approved by the voters on May 21, 2019, and (iii) the issuance of the School District’s tax anticipation notes. Accordingly, I have assembled information about our services and the fees associated therewith, and it is set forth below. Should any other School District financing requirements arise during the 2019-2020 fiscal year, we will supplement this letter.
SERVICES: Our primary responsibility as Bond Counsel is to render an opinion
in connection with each issue of obligations by the School District, which expresses our belief (i) that the obligations have been properly authorized and issued and are valid, (ii) that the essential sources of security for the obligations have been legally provided for and (iii) that interest on the obligations is exempt from federal income taxation. A significant emphasis in discharging these responsibilities is the preparation of a record sufficient to enable us to render our opinion. However, in the process of reaching the point at which we have prepared such a record, we are called upon to perform a number of related functions, which may include the following:
PHONE: 212-820-9300 FAX: 212-820-9668
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(1) Participation in conferences and telephone discussions with representatives of the School District, and the State, regarding the School District’s financing program and requirements, and obtaining copies of any required approvals from the State;
(2) Preparation and delivery of a bond issue time-table/calendar letter for use by the Administration and Board of Education;
(3) Preparation of all finance authorization documents, including documents relating to bond referenda;
(4) Review of affidavits of newspaper publishers with respect to the publication of the official notices of election;
(5) Review of election documents and procedures including:
(a) Review of Resolution appointing officers to act at the Annual or Special District Meeting,
(b) Review of oaths of Inspectors of Election, and
(c) Review of Certificate of Inspectors of Election, and certificate of canvass of the vote;
(6) Preparation of bond resolution to be adopted by the Board of Education after a successful referendum;
(7) Review of affidavits of newspaper publishers with respect to the publication of bond resolution;
(8) Participation in conferences and telephone conversations with representatives of the School District, the School District’s financial advisor and State Department of Education Office of State Aid with respect to state aid questions;
(9) Providing advice and consultation with respect to compliance with applicable provisions of the Internal Revenue Code of 1986, as amended, including all federal arbitrage regulations;
(10) Participation with the School District and its financial advisors in scheduling and structuring each bond and note financing;
(11) Assistance in drafting and review of agreements, forms and underlying documentation relating to the financing;
(12) Review of maturity schedules and official statements prepared by the School District’s financial advisor, including:
(a) Review of each proposed maturity schedule for each bond issue to verify compliance with legal requirements,
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(b) Review of the final maturity for each bond issue to verify compliance with legal requirements (i.e. amount of annual installments and adherence to the appropriate period of probable usefulness pursuant to the Local Finance Law),
(c) Review and modification of, where appropriate, the description of constitutional and statutory requirements and procedures as described in each official statement,
(d) Review of the overall content of each official statement, and
(e) Participation in telephone conversations with representatives of the School District with respect to any pending litigation which may need to be disclosed in the official statement;
(13) Preparation and drafting of the Certificate of Determination to be executed by the President of the Board of Education as the chief fiscal officer of the School District, which document authorizes the sale of each issue of bonds or notes, describes and sets forth the terms, forms and details thereof, and makes provision for the School District’s continuing disclosure obligations under applicable federal securities laws and/or regulations;
(14) Preparation and drafting of the legal Notice of Sale to be circulated to the investment community in connection with sale of bonds;
(15) Preparation and drafting of the cost-effective short version “Summary” legal Notice of Sale, to be published in the School District’s official newspaper and “The Bond Buyer;”
(16) Preparation of the form of the bond for each bond sale, and note for each note sale;
(17) Preparation of the draft opinion for each bond and note sale, and the furnishing of same to the credit rating agencies and bond insurance companies, as requested;
(18) Preparation of all continuing disclosure agreements, as required under applicable federal securities laws and/or regulations;
(19) Review of the draft preliminary official statement;
(20) Assistance, upon request, in the negotiation of contracts and other matters related to the bond and note offering and rendering of additional opinions as to specific matters;
(21) Consultation with the School District, its accountants and attorneys, credit rating agencies, municipal bond insurers and others in regard to the financing;
(22) Review of the debt statement prepared by the School District with the assistance of the financial advisor and filed with the State Comptroller prior to the sale of each bond issue;
(23) Administrative coordination of meetings and sale arrangements, including attendance at and supervision of all bond and note sales conducted in our offices;
(24) Preparation, drafting and review of closing papers including:
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(a) Certificate of Award of the President of the Board of Education,
(b) Closing Certificates,
(c) School Attorney’s Certificate,
(d) Certificate of Delivery and Payment,
(e) Tax Certificate, and
(f) Certificate with Respect to the Official Statement;
(25) Attending to all necessary Internal Revenue Service issue reporting requirements, as required pursuant to the Internal Revenue Code of 1986, as amended;
(26) Review of municipal bond insurance policy and related documents provided by bond insurer, in the event a bond or note issue is insured;
(27) Delivery of securities to The Depository Trust Company in New Jersey to be held in escrow until the closing;
(28) Preparation of formal and reliance opinions, as well as requested transcripts of proceedings, for delivery to the bond insurer for every bond and note issue which is insured;
(29) Administrative coordination of bond and note closings with School District, financial advisor, underwriter and the Depository Trust Company;
(30) Rendering of our final approving legal opinion with respect to each financing;
(31) Continuous and unlimited communication with the School District throughout the course of each financial transaction; and
(32) Availability at all times of our skilled and caring team of professionals to assist with any questions or concerns relating directly or indirectly to the transaction.
The scope of our services as Bond Counsel to the School District would also include the examination of applicable law and review of financial and debt statements.
In addition, we will assemble a complete record of proceedings to which we would refer when rendering our written opinion that the obligations proposed to be issued by the School District are valid and legally binding, and we will provide advice, including consultations with representatives of the School District and any others who may be involved in the various aspects of the financing. We will prepare all relevant proceedings for action by the Board of Education to authorize the issuance of School District obligations, and we will prepare documentation for the sale and delivery of the School District’s bonds and notes, as required.
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FEES. We propose the following schedule of fees to pertain to: (i) financing of the $41,800,000 ($32,800,000 bonds) projects approved by the voters on January 23, 2018, (ii) financing of the $7,154,429 ($4,500,000 bonds) capital projects approved by the voters on May 21, 2019, and (iii) the issuance of the School District’s tax anticipation notes for the 2019-2020 fiscal year.
(i) $41,800,000 Projects Approved by the Voters on January 23, 2018
Authorization: With respect to financing to be undertaken pursuant to the two bond propositions submitted at the Special District Meeting on January 23, 2018, we propose to charge a one-time “bond authorization fee” of $8,250 for the preparation and drafting of all pertinent documentation, including the resolution adopted by the Board of Education of the School District on November 16, 2017, calling a Special District Meeting of the voters of the School District to vote on two bond propositions, together with the necessary legal notices for newspaper publication; preparation of the bond resolution adopted by the Board of Education on March 1, 2018, following the approval of the two bond propositions by the voters, together with the legal notice of adoption for newspaper publication; and preparation of requisite affidavits and certifications. Said fee also includes all advice and consultation concerning the foregoing and related matters, including preparation of bond referendum timeline schedule letter(s).
We will also submit a separate statement in the amount of $2,500 for services rendered in connection with the preparation and drafting of a resolution adopted by the Board of Education on March 15, 2018, directing submission of a $15,344,302 bond proposition to the voters at the Annual District Meeting and Election held on May 15, 2018. Such bond proposition, for the construction of a new aquatic center, was defeated by the voters at said Annual District Meeting.
(ii) $7,154,429 Projects Approved by the Voters on May 21, 2019
Authorization: With respect to financing to be undertaken pursuant to the bond proposition submitted at the Annual District Meeting and Election on May 21, 2019, we propose to charge a one-time “bond authorization fee” of $4,250 for the preparation and drafting of all pertinent documentation, including the resolution adopted by the Board of Education of the School District on March 21, 2019, submitting a bond proposition to the voters of the School District, together with the necessary language for insertion in the legal notices for newspaper publication; preparation of the bond resolution adopted by the Board of Education on May 23, 2019, following the approval of the bond proposition by the voters, together with the legal notice of adoption for newspaper publication; and preparation of requisite affidavits and certifications. Said fee also includes all advice and consultation concerning the foregoing and related matters.
The one-time "bond authorization fees" are generally billed to the School District at the earlier of (a) the date of the initial project financing through the issuance of either serial bonds or bond anticipation notes, or (b) one year from the date of the successful bond referendum.
Serial Bonds: In connection with the sale of any serial bonds pursuant to said authorizations, including the preparation of documentation, including the public sale authorization and the legal notice of sale, and for review of the official statement prepared in connection with the public offering of School District securities, we will charge a “bond sale fee” of $5,750, plus a “per bond fee” based on the amount of bonds sold at any one time, calculated at the rate of $1.25
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per $1,000 principal amount of bonds sold up to $15,000,000; $1.00 per $1,000 principal amount of bonds sold in excess of $15,000,000 and up to $30,000,000; and 75¢ per $1,000 principal amount of bonds sold in excess of $30,000,000. Said fee will include advice and consultation and all other usual and customary services expected to be rendered in connection with the sale of serial bonds of the School District.
Bond Anticipation Notes: In the event bond anticipation notes are issued in anticipation of the issuance of serial bonds, and whether or not serial bonds are ultimately issued, a fee of $1,250 will apply to bond anticipation notes in amounts of $1,000,000 or less, sold through an informal negotiation process and not requiring an official statement. In the alternative, for any bond anticipation notes which are sold pursuant to customary formal public sale procedures, which may require the preparation and circularization of an Official Statement and a Notice of Sale, and corresponding additional documentation and service provided by Bond Counsel, we will charge a fee of $3,750 plus a "per note fee" based upon the dollar amount of bond anticipation notes sold at one time, calculated at the rate of 75¢ per $1,000 principal amount of notes sold up to $15,000,000; and 50¢ per $1,000 principal amount of notes sold in excess of $15,000,000. Said fee will include advice and consultation and all other usual and customary services expected to be rendered in connection with the sale of bond anticipation notes of the School District.
Related Disbursements: The foregoing fees do not include our out-of-pocket disbursements, such as duplication of documents, postage, FedEx and other delivery service charges, preparation and filing of IRS 8038 Reporting Forms ($150 for notes and $300 for bonds), word-processing, and preparation of book-entry securities (see next paragraph), the aggregate amount of which is usually nominal, and not subject to precise statement in advance.
We charge $325 for the initial book-entry instrument for each bond issue ($225 for the initial instrument for each note issue), and $25 for each additional bond or note instrument. Such charge includes our costs of security preparation, as well as our services in delivering such securities to The Depository Trust Company in New Jersey in escrow pending a closing. All services provided by outside vendors (express delivery and messenger service) are billed at actual cost to the firm. We charge $100 per instrument for note instruments prepared in other than book-entry format.
(iii) Tax Anticipation Notes.
Supplementing the general outline of services we provide, the following specific services will be provided for the authorization and sale of tax anticipation notes:
(1) participation in telephone conferences and discussions with representatives of the School District regarding the School District’s cash-flow financing requirements, including “sizing” the issue within the limitations of applicable federal and state law; and
(2) drafting of basic authorizing documents for the Board of Education relating to the financing, including the resolution authorizing the issuance of tax anticipation notes and proceedings with respect to the sale of the tax anticipation notes; as well as all telephone discussions with the School District and its representatives, including its financial advisor, preparation or review of the tax anticipation note resolution and all related closing documents, review of the District’s cash-flow schedules and assistance in the preparation of and review of its Official Statement, advice and consultation concerning the foregoing and related matters,
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preparation and filing of the necessary Internal Revenue Service reporting form, and our final approving legal opinion for delivery to the purchasers of the tax anticipation notes.
Our fees, which include preparation of a tax anticipation note resolution, examination of cash-flow statements, review of official statement and notice of sale drafts, and advice concerning relevant thresholds under the Internal Revenue Code of 1986, as amended, and all other related matters, are computed as follows:
ISSUE AMOUNT IN DOLLARS FEE
Issues of $ 5 million $ 5,750 Issues of $ 6 million $ 6,250 Issues of $ 7 million $ 6,500 Issues of $ 8 million $ 6,850 Issues of $ 9 million $ 7,175 Issues of $ 10 million $ 7,500 Issues of $ 11 million $ 7,800 Issues of $ 12 million $ 8,100
plus $350 for each additional $1 million notes up to an issue of $20 million.
The fees for tax anticipation note issues are pro-rated to the exact amount of the issue. For example, the fee for a $10.5 million issue would be $7,650, calculated by adding $7,500 (the fee for a $10 million issue) and $150 (being ½ of the $300 incremental amount of the fee that would apply to an issue of $11 million).
Our fees for tax anticipation notes include all of our out of pocket expenses except for the costs relating to the preparation of book-entry securities. We charge $225 for the initial book-entry instrument for each tax anticipation note issue, and $25 for each additional instrument. Such charge includes our costs of security preparation, as well as our services in delivering such securities to The Depository Trust Company (“DTC”) in New Jersey in escrow pending a closing. We charge $100 per note instrument for notes issued in other than DTC book-entry format.
* * * *
The fees provided herein for serial bonds and bond anticipation notes would apply to any such bonds and notes issued over a multi-year period for the $41,800,000 and $7,154,429 capital projects approved by the voters on January 23, 2018 and May 21, 2019, respectively, unless and until such fees are modified by mutual consent.
* * * *
The fees provided herein for tax anticipation notes shall apply to any such notes issued in or on account of the 2019-2020 fiscal year, as well as each successive fiscal year thereafter unless and until such fees are modified by mutual consent.
* * * *
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The fees described above do not, of course, include the drafting of legislation or the handling of litigation, none of which is necessary or to be anticipated in an ordinary financing; or assistance in responding to SEC initiatives or inquiries, IRS audits, or any related matters.
* * * *
It has been and continues to be our practice to submit a bill for our services rendered in connection with any issue within ten days following a closing.
* * * *
This agreement is terminable at will on thirty (30) days’ notice and the District’s responsibility at termination would be to pay only those fees and expenses incurred up to the date of termination.
* * * *
Should the terms hereof be acceptable, may I kindly ask that the President of the Board of Education acknowledge the acceptance of the terms of our engagement by signing where provided below, and returning a signed copy of this letter to us.
With best wishes, I am Very truly yours,
Martin A. Geiger
MAG:wy Laura Sullivan [email protected]
APPROVED AND ACCEPTED BY MASSAPEQUA UNION FREE SCHOOL DISTRICT
By: President of the Board of Education
___________________________________
(printed name)
_________________________________ (signature)
Date: ______________________________
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March 1, 2018 Template EWS Amendment
AMENDMENT TO THE UNIVERSAL SERVICE AGREEMENT
This Amendment (“Amendment”) is by and between TALX Corporation (a provider of Equifax Workforce Solutions), a Missouri corporation (“EWS”) and Massapequa Union Free School District (“Client”), and is effective as of August 1,2019 (“Effective Date”). This Amendment is entered into with the express agreement that except as addressed herein, all terms, conditions and stipulations contained in the UNIVERSAL SERVICE Agreement between EWS and Client, with an Effective Date of July 1, 2017, (the “Agreement”) shall remain in full force and effect and without any change or modification whatsoever. For the purposes of this Amendment, all capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Agreement.
WHEREAS, the parties desire to amend the Agreement, as set forth herein and hereby reaffirm and ratify each of the terms and conditions in the Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
Amendment to SCHEDULE A UNEMPLOYMENT COST MANAGEMENT SERVICE
The Term of Schedule A is extended for an additional one (1) year, through July 31, 2020.
Effect of Amendment; Entire Agreement. This Amendment together with the Agreement (and any attachments, addenda, and supplements thereto) shall be the complete and exclusive statement of the Agreement between the parties as to the subject matter of the Agreement, and shall be binding upon each of the parties hereto, their respective successors and to the extent permitted their assigns. In the event of a conflict between the terms and conditions hereof, and the terms and conditions of the Agreement, the specific terms and conditions set forth in the Amendment shall govern.
Miscellaneous; Other Terms. Neither this Amendment nor the Agreement can be amended or otherwise modified, except as agreed to in writing by each of the parties hereto.
This Amendment is accepted and agreed to by the following authorized representatives of the parties and each person signing below represents and warrants that he or she has the necessary authority to bind the principal set forth below.
IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the Effective Date written below.
Client TALX Corporation, provider of Equifax Workforce Solutions
By: By:
Name: Name:
Title: Title:
Date: Date:
DocuSign Envelope ID: E5418B2A-B362-4D8E-B990-C39C840FEBBC
VP of Strategic Accounts
Javad Ra'ed
6/12/2019 | 11:27:45 EDT
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SERVICE AGREEMENT BETWEEN THE MASSAPEQUA UNION FREE SCHOOL DISTRICT (DISTRICT) AND SCHOOL AID SPECIALISTS, LLC (SAS) Service Provisions: During the 2019/2020 school year SAS will review the District’s current and prior years financial and student records for all applicable funding years as part of its revenue recovery service. SAS will use its best efforts to increase District revenues pursuant to this agreement. SAS will prepare or assist District staff with any correspondence, STAC forms, Form A/FT/FB and related schedules and/or ST-3 revisions needed to effectuate such findings. SAS will also provide staff training and recommendations in areas related to SAS findings. Upon completion, SAS will provide a report detailing any such findings and recommendations. Areas to be reviewed under this agreement include: • All placements and programs including public and private special education
placements, summer section 4408, preschool section 4410, Chapter placements (chapters’ 47,66, 721), Incarcerated Youth, dual enrolled, homeless, resident and nonresident foster billings, charter school placements and Medicaid claims.
• Transportation Aid claims • Instructional materials and equipment claims for Textbooks, Library Materials,
Computer Software and Equipment • State funding for Building and Construction projects • Foundation Aid • Excel aid • All other state aided programs Service Fees and Payments: The fee for this service is thirteen percent (13%) of the increased revenue resulting from SAS findings and actions for each applicable aid year. Building aid increases, if any, will be paid on increased aid received during the assumed amortization period. Payments to SAS pursuant to this agreement are due when SAS generated revenues are received by the District. Any incidental expenses incurred by SAS related to this agreement (travel, expenses etc.) shall be the responsibility of SAS and not the District. Respectfully submitted, School Aid Specialists P.O. Box 762 Guilderland, NY 12084-0762
Authorization to Proceed (Name) (Title) (Date)
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Phone: (585) 436-OMNI FAX: (585) 436-3633 Toll Free: (877) 544-OMNI www.omni403b.com
Services Agreement Reinstatement Name of Employer: Massapequa Union Free School District
The Services Agreement for the fiscal year Jul 1, 2018 – Jun 30, 2019 entered into by your organization and U.S. OMNI is hereby reinstated and amended for the fiscal year Jul 1, 2019 - Jun 30, 2020 with the following fee schedule below:
FEE SCHEDULE FOR 2019-2020 YEAR Billing Option: Preferred Provider Program (P3) - Limited Description No. of Accounts Rate Annual Amount
P3 Administrative Fee $1500
Non-P3 Service Provider 403(b)* $36 457(b) Accounts $0
_____________ Total 2019-2020 $ *Includes 403(b) ROTH Accounts if allowed EMPLOYER: OMNI FINANCIAL GROUP, INC. d/b/a U.S. OMNI
By: _______________________________ Name: _________________________
Title: _______________________________ By: Robert F. McLean, President
Date: _______________________________ Date: May 24, 2019 .
PLEASE RETURN A SIGNED COPY BY JULY 1, 2019
NY-159
$1500 $1500
92 $3312
32 Included
4812
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March 4, 2019 Mr. Robert Schiling Assistant to the Superintendent for Human Resources & General Administration Massapequa Union Free School Dist 4925 Merrick Rd Massapequa NY 11758-6297
RE: Affordable Care Act Administration 2019-2020 School Year
Dear Mr. Robert Schiling, Thank you for the opportunity to serve Massapequa Union Free School Dist in providing Affordable Care Act Administration and Consulting through June 30th 2019. The upcoming 2019-2020 school year will include all of the same IRS reporting requirements as the 2018-2019 school year. The District is responsible to provide every “Full-time” employee, and every “Part-Time” employee who is enrolled self-funded health plan an IRS form 1095 by January 31st 2020 for calendar year 2019. In addition, the District will also be required to provide the IRS with IRS form 1094C and copies of all 1095C forms electronically through the IRS Affordable Care Act Information Returns (AIR) Program. Seneca Consulting Group would be happy to continue to provide ACA tracking and administration for Massapequa Union Free School Dist. If needed, we would also prepare all 1094 & 1095 IRS forms, and file them electronically through the AIR Program on behalf of Massapequa Union Free School Dist. Our fees for the 2019-2020 school year is attached, and have remained unchanged. If you wish to continue, please sign the attached agreement, and return one copy to my attention. If you require any changes to the agreement, please let me know and we would be happy to provide a word version of the agreement for redline Sincerely,
Daniel C. Opinante President (631) 240-4477
960 Wheeler Road #5367 Hauppauge, NY 11788
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Executive Summary:
District Massapequa Union Free School DistContract Term 2019-2020 Fiscal Year 7/1/2019-6/30/2020Contract Type NASSAU BOCES FULL RESPONSIBILITY
1000+ EMPLOYEESPayroll System nVision§6056 Reporting (Employer Mandate) $10,500.00§6055 Reporting (Self-Funding Reporting) INCLUDEDTotal Fee 7/1/2019-6/30/2020 $10,500.001095 Form Printing and Mailing fee (Optional) $1.30 Per FormHealth Plan NYSHIPFull-Time / Part-Time Determination Measurement Period Safe Harbor
Measurement Period Safe Harbor Assumptions
WHEREAS, Section 4980H-3 of the final regulations (26 C.F.R. § 4980H-3) defines the following employee definitions:
Ongoing Employee: An “ongoing employee” is generally an employee who has been employed by the district for at least one complete standard measurement period. As stated in Notice 2011-36 New Employee: A “New Employee” is generally an employee who has NOT been employed by the district for at least one complete standard measurement period Variable Hour Employee: A “variable hour employee” if, based on the facts and circumstances at the start date, it cannot be determined that the employee is reasonably expected to work on average at least 30 hours per week. A new employee who is expected to work initially at least 30 hours per week may be a variable hour employee if, based on the facts and circumstances at the start date, the period of employment at more than 30 hours per week is reasonably expected to be of limited duration and it cannot be determined that the employee is reasonably expected to work on average at least 30 hours per week over the initial measurement period
Employee Type
Measurement Period
Administrative Period
Stability Period
All new, variable- hour employees
Initial Measurement Period: Twelve (12) calendar months, which shall begin on the first day of the first month following the employee’s start date.
One (1) month period beginning immediately at the end of the initial measurement period and which shall continue through the end of the first full calendar month beginning on or after the end of the initial measurement period.
Twelve (12) calendar months, to begin immediately after the administrative period
All ongoing employees
Standard Measurement Period: Twelve (12) Months, measured from November 1 through October 31
Two (2) months period from November 1 through December 31
Twelve (12) calendar months beginning immediately after the administrative period on January 1 and continuing until December 31
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Data Requirements: nVision / Finance Manager
AFTER CHECKS PRINTED – PAYROLL EARNINGS REGISTER
CODE DESCRIPTION EMPLOYEE NUMBER RATE UNITS CHECK DATE AMOUNT LIMIT FTD AMOUNT YTD AMOUNT REMAINING RET SYS
COMPLETE EMPLOYEE PERSONNEL FILE REPORT (ALL EMPLOYEES, ACTIVE, IN-ACTIVE, TERMINATED, RETIRES, ECT)
EMPLOYEE NUMBER SOCIAL SECURITY NUMBER LAST NAME FIRST NAME ORIGIONAL HIRE DATE REHIRE DATE TERMINATION DATE ADDRESS CITY STATE ZIP EMPLOYEE GROUP (NVISION) PRIMARY EMPLOYEE POSITION (NVISION) PRIMARY EMPLOYEE TYPE (FINANCE MANAGER)
CONTRACT AND RATE REPORT (FISCAL YEAR)
EMPLOYEE NUMBER EMPLOYEE NAME EMPLOYEE TYPE LEVEL STEP METHOD CHECKS BASE CONTRACT FTE% FTE AMOUNT ENTITLE PER-PAY DAILY HOURLY START DATE END DATE
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AFFORDABLE CARE ACT ADMINISTRATION AGREEMENT
AGREEMENT (the “Agreement”) made as of this ___ day of _________, 2019 by Seneca Consulting Group, Inc., a New York corporation having an office located at 960 Wheeler Road #5367 Hauppauge NY 11788 (hereinafter referred to as “ADMINISTRATOR”) and Massapequa Union Free School Dist, having its administrative offices at 4925 Merrick Rd Massapequa NY 11758-6297, (hereinafter referred to as “DISTRICT”). WHEREAS, ADMINISTRATOR, an employee benefits Administrator, provides professional fee based benefits consulting and administrative services and; WHEREAS, DISTRICT desires to retain ADMINISTRATOR to provide consulting and Affordable Care Act administration and ADMINISTRATOR is capable and willing to provide the services to DISTRICT. NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein agreed, and for other good and valuable consideration, the parties agree as follows: (1) Appointment as ADMINISTRATOR. DISTRICT hereby engages and appoints ADMINISTRATOR to
provide employee benefit consulting services and to act as DISTRICT’s authorized agent (an authorized agent is a person or firm that, with the payor’s authorization, transmits specific information and/or Affordable Care Act (“ACA”) return documents to the Internal Revenue Service (“IRS”) on behalf of the payor and may match name/TIN combinations). ADMINISTRATOR agrees to provide DISTRICT with the services set forth in Exhibit A.
(2) ADMINISTRATOR’S Duties. ADMINISTRATOR agrees:
I. It will use its best efforts to support the objectives of DISTRICT on behalf of DISTRICT; II. It has no authorization whatsoever from DISTRICT to alter, modify or change any of the terms, rates
and/or conditions contained in any of DISTRICT’s documents, proposals or contracts, nor does it have authorization to change, alter or discharge participation in DISTRICT’s benefit programs, and/or to incur any indebtedness on behalf of DISTRICT; and,
III. It will not circumvent, or attempt to circumvent, DISTRICT in DISTRICT’s relationship with, other third party administrators, underwriters, vendors, insurance carriers and like organizations, regardless of whether or not DISTRICT has a written contract with such third party administrators, underwriters, vendors, insurance carriers or like organizations.
IV. Will provide comprehensive tracking of employee hours of service to determine “Full-Time” “Part-Time” status based on the DISTRICT’s adoption of the IRS Safe Harbors per IRS Notices 2012-58, 2012-17, 2011-36, 2011-73. “Measurement Period Report”
V. Will provide to DISTRICT Measurement Period Reports at least twice per fiscal year, not to exceed four (4) times per fiscal year.
VI. Will provide DRAFT IRS Form 1095C and 1095B for individuals required to receive one based on §6056 and §6055, and per the District adoption of the IRS Safe Harbors per IRS Notices 2012-58, 2012-17, 2011-36, 2011-73. “Measurement Period Report”
VII. ADMINISTRATOR will produce a least one (1) but not to exceed four (4) Revisions to DRAFT IRS Form 1095C and 1095B
VIII. Once District has provided written approval for the DRAFT IRS Form 1095C and 1095B, ADMINISTRATOR will provide final forms for the DISTRICT to produce, or if DISTRICT prefers that the ADMINISTRATOR distribute the final approved forms, the associated fees will be based on paragraph 4 of this agreement
IX. ADMINISTRATOR will prepare Draft IRS Forms 1094C and 1094B X. Once District has provided written approval for the IRS Forms 1094C and 1094B, ADMINISTRATOR will
efile forms IRS Forms 1094C, 1094B all forms 1095C and 1095B through the IRS Affordable Care Act Information Returns Program (AIR) using ADMINISTRATOR’s AIR Transmitter Control Code (TCC)
(3) DISTRICT’s Duties. DISTRICT agrees:
I. To provide to ADMINISTRATOR current data, reports, work history, contribution rates, plan documents related charges and the terms and conditions of DISTRICT’s agreements with group health plans offered to its employees and providers of benefit services as requested and needed by ADMINISTRATOR to
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perform its services, and to respond in a timely manner to requests for information submitted by the ADMINISTRATOR;
II. It will not circumvent, or attempt to circumvent, ADMINISTRATOR in ADMINISTRATOR’s relationship with ADMINISTRATOR’s own clients, other third party administrators, underwriters, vendors, insurance carriers and like organizations, regardless of whether or not ADMINISTRATOR has a written contract with such third party administrators, underwriters, vendors or insurance carriers.
III. To provide and maintain an accurate list of individuals who are eligible to receive Form 1095C or 1095C (Employee List) to include the following fields:
a. Employee Number b. Social Security Number c. Last Name d. First Name e. Original Date of Hire f. Termination or Retirement Date g. Rehire Date h. Current Address (Street, City, State & Zip Code) i. Employee Group (As listed in payroll system) j. Employee Primary Position (As listed in payroll system)
IV. Provide and maintain an accurate report of employee contribution requirements towards single coverage as required under §6056
V. Provide and maintain an accurate report of employee groups and positions offered Minimum Essential Health Care coverage as required under §6056
VI. Provide and maintain an accurate report of employee groups and positions that are considered “Variable Hour” employees as defined in IRS Safe Harbors per IRS Notices 2012-58, 2012-17, 2011-36, 2011-73
VII. Provide and maintain an accurate report of employee groups and positions that are considered “Non-Variable Hour” employees as defined in IRS Safe Harbors per IRS Notices 2012-58, 2012-17, 2011-36, 2011-73
VIII. Provide and maintain and accurate report of all individuals covered under its self-insured health plan (NYSHIP ACA Enrollment Infor Report) to include the following fields:
a. Social Security Number as required under §6055 b. Last Name c. First Name d. Month of Coverage as required under §6055 e. Current Address (Street, City, State & Zip Code) f. Employee Group (Retiree. Active, Other) g. Medicare Primary Indicator
IX. Errors; Review of Data. All Services provided hereunder will be based upon information provided to ADMINISTRATOR by DISTRICT. DISTRICT will promptly review all documents and reports produced by ADMINISTRATOR and provided or made available to DISTRICT by ADMINISTRATOR and District will promptly notify ADMINISTRATOR of any error or omission or discrepancy with DISTRICT’s records and will provide corrected data DISTRICT agrees and acknowledges that it must review and approve the District Measurement Period Report, prior to ADMINISTRATOR producing any Draft or Final IRS Forms
X. DISTRICT agrees and acknowledges that it has the responsibility to train its employees and staff regarding and Board Resolutions pertaining to the Affordable Care Act, including Board Resolutions adopting IRS Safe Harbors per IRS Notices 2012-58, 2012-17, 2011-36, 2011-73.
XI. DISTRICT agrees and acknowledges that it has the responsibility to train its employees and staff regarding the IRS reporting requirement under sections §4980, §6055 & §6056
XII. DISTRICT agrees and acknowledges that it has the responsibility provide ADMINISTRATOR accurate and correct information, and DISTRICT is responsible to correct any incorrect data that it provided to ADMINISTRATOR
XIII. Records. ADMINISTRATOR does not serve as DISTRICT’s record keeper and DISTRICT will be responsible for retaining copies of all documentation received from or provided to ADMINISTRATOR in connection with this Agreement to the extent required by DISTRICT or applicable law.
(4) Payments to ADMINISTRATOR. DISTRICT will pay ADMINISTRATOR $10,500.00. The first payment
of $3,500.00 is due upon full execution of this Agreement. The second payment of $3,500.00 is due after
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ADMINISTRATOR’s completion of the initial draft of 1095 forms. The final payment of $3,500.00 is due after the submissions of the 1095 forms to the IRS.
a. Printing and Mailing of IRS forms will be billed at $1.30 per form plus any First Class Postage increase that may occur prior to mailing of the IRS Forms. ADMINISTRATOR must submit a final invoice (in a form and substance that satisfactory to DISTRICT) to DISTRICT. DISTRICT will make final payment within 30 calendar days of its receipt, review and approval of invoice.
b. Any services provided by ADMINISTRATOR not included in the scope of this Agreement, including but not limited to training of DISTRICT’s staff, custom reporting, is subject to a separate written agreement between the parties. Services not included in the scope of this Agreement will not be performed without DISTRICT’s written authorization.
c. Correction of errors contained in DISTRICT’s data, to include but not limited to Incorrect Date of Hire, Missing or Incorrect termination or retirement dates, Incorrect or missing Social Security Numbers, Incorrect or missing coverage dates in health plan will be performed after DISTRICT’s written authorization, at a rate of $275.00 per hour.
(5) Term and Termination.
I. The term of this Agreement will be through the end of the DISTRICTs 2019-2020 School Year (June 30th 2020), or upon the completion of the services by ADMINISTRATOR pursuant to this Agreement, whichever is earlier. The Parties may renew this Agreement for successive one (1) year periods, pursuant to separate written agreements. ADMINISTRATOR acknowledges that DISTRICT is under no obligation to renew this Agreement upon its expiration. DISTRICT may terminate this Agreement without cause at any time, upon 30 calendar days’ written notice to ADMINISTRATOR. ADMINISTRATOR may terminate this Agreement upon 30 calendar days’ written notice to DISTRICT.
II. Upon termination by either party pursuant to Paragraph 5 (I.) of this Agreement prior to ADMINISTRATOR’s completion of the services set forth in this Agreement, ADMINISTRATOR will only be entitled to retain monies paid by DISTRICT for the value of services actually performed and delivered by ADMINISTRATOR prior to the date of termination.
III. In the event of termination for any reason, ADMINISTRATOR will return to DISTRICT, within 10 calendar days of the effective date of the termination, all DISTRICT’s property and data that is in the possession of ADMINISTRATOR including, but not limited to, payroll history, employee listing and other compensation information and data on hand, and/or other confidential materials which may have been furnished by DISTRICT and entrusted to ADMINISTRATOR by reason of this Agreement. If information has been provided to ADMINISTRATOR in electronic form, ADMINISTRATOR will commit to DISTRICT that such information will be deleted from ADMINISTRATOR’s electronic storage media. If requested by DISTRICT, ADMINISTRATOR will provide a certificate of destruction.
IV. In the event of termination for any reason, all reports and Services due to DISTRICT must be completed by ADMINISTRATOR and delivered to DISTRICT within thirty calendar days of the termination date.
V. This Agreement may be terminated by DISTRICT “for cause” upon the occurrence of any of the following events: a. Immediately upon DISTRICT delivering written notice to ADMINISTRATOR of a breach by
ADMINISTRATOR of any of the policies, rules and regulations of DISTRICT relating to the health or safety of students or DISTRICT employees;
b. Immediately upon ADMINISTRATOR’s breach of its obligations to provide the insurance coverage set forth in Paragraph 17;
c. Immediately upon ADMINISTRATOR’s breach of any of ADMINISTRATOR’s obligations pursuant to, or violation of, any applicable State or federal law or regulation; or
d. Fifteen calendar days after ADMINISTRATOR has received written notice from DISTRICT that ADMINISTRATOR has breached any of ADMINISTRATOR’s other obligations hereunder unless, within the 15 calendar day period ADMINISTRATOR cures the breach to DISTRICT’s satisfaction.
Upon termination of this Agreement “for cause,” ADMINISTRATOR is not entitled to any further payments hereunder.
VI. This Agreement is automatically terminated upon ADMINISTRATOR’s filing of a voluntary petition in bankruptcy or making an assignment for the benefit of creditors, or upon other action taken or suffered, voluntarily or involuntarily, pursuant to any federal or state law for the benefit of insolvents, and upon the filing of an involuntary petition in bankruptcy against ADMINISTRATOR which is not dismissed within 60 calendar days of filing. ADMINISTRATOR is not entitled to any further payments hereunder and if the termination occurs prior to ADMINISTRATOR’s completion of the services set forth in this Agreement,
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ADMINISTRATOR will only be entitled to retain monies already paid by DISTRICT for the value of services actually performed and delivered by ADMINISTRATOR prior to the date of termination.
(6) Property of ADMINISTRATOR. I. To the extent permitted by law and except as otherwise provided herein, DISTRICT shall take reasonable
steps necessary to hold in confidence and protect all trade secrets, which may include, but are not limited to, reports, documentation, techniques, products, ideas, concepts, output, and reports related to the Programs and Services of ADMINISTRATOR, from disclosure to any person, firm, corporation or other entity as allowed by law without ADMINISTRATOR’s consent. DISTRICT shall ensure that all agents and any other persons with authorized access to any part of such confidential information be aware of and will observe and perform this non-disclosure covenant.
(7) Property of DISTRICT.
I. Except as otherwise provided herein, ADMINISTRATOR will take all steps necessary to hold in confidence and protect all personal information and data, manuals, documentation, techniques, products, ideas, concepts, output, pricing, and reports related to the Programs and Services of DISTRICT, from disclosure to any person, firm, corporation or other entity without DISTRICT’s written consent, provided same shall not otherwise be available. ADMINISTRATOR shall ensure that all agents and any other persons with authorized access to any part of such confidential information be aware of and will observe and perform this non-disclosure covenant.
II. All of the undertakings and obligations of ADMINISTRATOR hereto relating to confidentiality and non-disclosure, whether contained in this Paragraph or elsewhere in this Agreement, will survive the termination or expiration of this Agreement.
(8) Expenses. ADMINISTRATOR will pay all expenses incurred in connection with the performance of
ADMINISTRATOR’s duties hereunder including, but not limited to, automobile and/or travel expenses.
(9) Completion Dates and Approvals: In order to ensure the IRS forms are produced and distributed in a timely manner to comply with the IRS Requirements.
a) Recipient returns (1095) need to be mailed no later than January 31, 2020, DISTRICT’s final approval of
the forms required by close of business January 15th, 2020 b) The required date for E-filing is March 31, 2020. DISTRICT’s approval of the final data must be given to
us no later than March 15, 2020 c) To produce DRAFT Recipient Returns for DISTRICT’s review and approval, Final approval of
DISTRICT’s Measurement Period Report, Employee List and Healthcare Enrollment file is due by January 2nd 2020
(10) Independent Contractor. ADMINISTRATOR is retained by DISTRICT only for the purposes and to the extent set forth in this Agreement. ADMINISTRATOR’s relation to DISTRICT is solely that of an independent contractor during the period of ADMINISTRATOR’s retention and delivery of Services hereunder.
Neither ADMINISTRATOR nor any of its employees, shareholders, partners, members, officers, directors, agents, or assigns will be eligible for employee benefits or contributions thereto from DISTRICT relative to this Agreement including, but not limited to, social security, New York State Worker’s Compensation, unemployment insurance, New York State Retirement System benefits, health or dental insurance, or malpractice insurance. With regard to employees of ADMINISTRATOR, ADMINISTRATOR alone will be responsible for their work, personal conduct, direction, compensation, and for payment of all employment and other taxes in relation thereto.
(11) Assignment. This Agreement may not be assigned or otherwise transferred by either party without the express
written consent of the other. (12) Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the
subject matter thereof and supersedes any and all other agreements, understandings and representations, written or oral, by and between the parties.
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(13) Modification. This Agreement may not be changed orally, but only by an agreement in writing signed by both parties. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach.
(14) Governing Law, Choice of Forum and Waiver of Jury Trial. This Agreement is subject to, governed by, enforced according to and construed according to the laws of the State of New York, without regard to the conflicts of law’s provisions thereof. Any dispute arising under this Agreement will be litigated in a New York State Court in Suffolk County, New York. The parties each waive trial by jury in any action concerning this Agreement.
(15) Headings. The headings or captions in this Agreement are for convenience and reference only and do not in
any way modify, interpret or construe the intent of the parties or affect any of the provisions of this Agreement.
(16) HIPAA. ADMINISTRATOR is and will remain in compliance with the privacy and security requirements of
the Health Insurance Portability and Accountability Act. The parties have executed a Business Associate Agreement (attached hereto as Exhibit B).
(17) Indemnification. To the fullest extent permitted by law, ADMINISTRATOR indemnifies and will defend
(with counsel selected by DISTRICT) and hold harmless DISTRICT, its employees, agents, representatives and members of the Board of Education, from any and all liabilities, losses, costs, damages, and expenses (including, but not limited to, reasonable attorneys’ fees and disbursements) arising from any claims, disputes, or causes of action of whatever nature arising, in whole or in part, from the performance of ADMINISTRATOR’s Services hereunder, or the action of, or the failure to act by ADMINISTRATOR, ADMINISTRATOR’s representatives or employees, or anyone for whose acts ADMINISTRATOR may be liable.
In the event that any legal proceeding is instituted or any claim or demand with respect to the foregoing is asserted by any person in respect of which indemnification may be sought from ADMINISTRATOR pursuant to the provisions of this Paragraph 16, DISTRICT will promptly notify ADMINISTRATOR of such suit, claim or demand, and give ADMINISTRATOR an opportunity to defend and settle same without any cost to DISTRICT, and will extend reasonable cooperation to ADMINISTRATOR in connection with such defense, which will be at the expense of ADMINISTRATOR. In the event that ADMINISTRATOR fails to defend the same within 30 calendar days of receipt of notice, DISTRICT will be entitled to assume the defense thereof, and ADMINISTRATOR will be liable to repay DISTRICT for all its expenses reasonably incurred in connection with the defense (including reasonable attorneys’ fees, disbursements, expert witness fees and settlement payments).
To the fullest extent permitted by law, DISTRICT indemnifies and will defend and hold harmless ADMINISTRATOR, its employees, agents, and representatives from any and all liabilities, losses, costs, damages, and expenses (including, but not limited to, reasonable attorneys’ fees and disbursements) arising from any claims, disputes, or causes of action of whatever nature arising from the action of, or the failure to act by DISTRICT, DISTRICT’s representatives or employees, or anyone for whose acts DISTRICT may be liable.
All of the provisions of this Paragraph will survive the expiration or sooner termination of this Agreement.
(18) Required Insurance. ADMINISTRATOR will obtain and keep in full force and effect during the term of this
Agreement, at ADMINISTRATOR’s sole cost and expense, the following insurance:
Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate (must include coverage for sexual misconduct).
Workers' Compensation and N.Y.S. Disability: Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A self-employed person and certain partners and corporate officers are excluded from the definition of “employee” pursuant to Workers’ Compensation Law Section 2(4). As such, individuals in such capacity are excluded from Workers’ Compensation Law coverage
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requirements. A person seeking an exemption must file a CE-200 form with the State. The form may be completed and submitted directly online to the Workers Compensation Board: http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp
Professional Errors and Omissions Insurance: $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of ADMINISTRATOR performed under this Agreement for DISTRICT. If written on a “claims-made” basis, the retroactive date must pre-date the inception of this Agreement. Coverage must remain in effect for two calendar years following the completion of work.
Fidelity Bond: For dishonest acts of ADMINISTRATOR’s employees with coverage for computer fraud and fund transfer including client coverage.
Excess Insurance: $3,000,000 each occurrence and aggregate. Excess coverage must be on a follow-form basis.
Notwithstanding any terms, conditions or provisions, in any other writing between the parties,
ADMINISTRATOR hereby agrees to effectuate the naming of DISTRICT as an additional insured on ADMINISTRATOR’s insurance policies, with the exception of workers' compensation, N.Y. State disability and professional liability. Each policy naming DISTRICT as an additional insured must:
o Be an insurance policy from an A.M. Best rated "secure" or better insurer, licensed in New York State.
o State that ADMINISTRATOR’s coverage is primary and non-contributory coverage for DISTRICT, its Board, employees and volunteers.
DISTRICT must be listed as an additional insured by using endorsement CG 2026 or its
equivalent. The decision to accept an alternative endorsement rests solely with DISTRICT. A completed copy of the endorsement must be attached to the certificate of insurance and the certificate must state that the endorsement is being used. The certificate of insurance must describe the specific services provided by ADMINISTRATOR (e.g., physical therapy, psychological services) that are covered by the commercial general liability policy and the umbrella policy. At DISTRICT's request, ADMINISTRATOR will provide a copy of the declarations page of its liability and umbrella policies with a list of endorsements and forms. If so requested, ADMINISTRATOR will provide a copy of the policy endorsements and forms.
ADMINISTRATOR hereby indemnifies DISTRICT for any applicable deductibles and self-insured retentions, all of which are the sole responsibility of ADMINISTRATOR, to the extent not covered by the applicable policy.
If a policy is written on a “claims-made” basis, the retroactive date must pre-date the inception of this Agreement.
ADMINISTRATOR acknowledges that failure to obtain the foregoing insurance on behalf of DISTRICT constitutes a material breach of contract. ADMINISTRATOR must provide DISTRICT with proof satisfactory to DISTRICT that the above requirements have been met, prior to the commencement of work or use of DISTRICT facilities. The failure of DISTRICT to object to the contents of the certificate or the absence of same will not be deemed a waiver of any and all rights held by DISTRICT. Upon request, ADMINISTRATOR will provide DISTRICT with a copy of ADMINISTRATOR’s applicable insurance policies including any endorsements, modifications, or exclusions thereto.
DISTRICT is a member/owner of the New York Schools Insurance Reciprocal (“NYSIR”). ADMINISTRATOR acknowledges that the procurement of that insurance as required herein is intended to benefit not only DISTRICT, but also NYSIR as DISTRICT's insurer.
(19) Required Records. ADMINISTRATOR will provide services and maintain records, logs and reports in
accordance with all applicable laws, regulations and requirements of the New York State Education Department, the New York State Department of Labor and District policies and procedures in force during the term of this Agreement. ADMINISTRATOR must provide District with a copy of any reports, tests, evaluations or observations that are prepared in connection with the Services provided by ADMINISTRATOR under this Agreement.
(20) Review of Records. District will have the right to examine any or all records or accounts maintained by ADMINISTRATOR in connection with this Agreement.
(21) District’s Authority. ADMINISTRATOR represents and warrants that ADMINISTRATOR will observe and comply with the policies, rules and regulations of District including, but not limited to, District Code of
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Conduct (collectively, the “Policies”) and will cause ADMINISTRATOR’s employees to do the same. ADMINISTRATOR acknowledges that ADMINISTRATOR has reviewed and is familiar with the Policies. ADMINISTRATOR will carry out the orders, directions and policies conveyed by District from time to time either orally or in writing, provided, however, that ADMINISTRATOR will determine the manner of carrying out ADMINISTRATOR’s professional duties hereunder consistent with ADMINISTRATOR’s status as an independent contractor.
(22) Safeguarding Information. Neither ADMINISTRATOR nor District will use or disclose any information concerning the Services pursuant this Agreement for any purpose which is prohibited by Federal and State statutes and/or regulations.”
(23) Notices. Any notices required or permitted to be given pursuant to the terms of this Agreement must be in writing and either personally delivered or sent by nationally recognized overnight carrier to the parties at the following addresses:
To ADMINISTRATOR:
Seneca Consulting Group 960 Wheeler Road Suite 5367 Hauppauge, New York 11780
To DISTRICT:
Massapequa Union Free School Dist 4925 Merrick Rd Massapequa NY 11758-6297 Attention: Mr. Robert Schiling
(24) Waiver. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any
other term, condition or provision, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach.
(25) Third-Party Beneficiaries. There are no third-party beneficiaries of or in this Agreement, other than NYSIR.
(26) Negotiated Agreement. This is a negotiated Agreement. It will not be construed against any party by reason of this Agreement being prepared by that party’s attorney. Each party warrants that it/he/she has full power to execute, deliver and perform this Agreement and has taken all actions required by law, organizational documents or otherwise to authorize the execution and delivery of this Agreement.
(27) Iran Divestment Act of 2012. By signing this Agreement, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its/his/her own organization, under penalty of perjury, that to the best of its/his/her knowledge and belief that each person is not on the list created pursuant New York State Finance Law § 165-a(3)(b).
(28) Confidentiality of Records and Data Security and Privacy. ADMINISTRATOR must comply with all District policies and State, federal, and local laws, regulations, rules, and requirements related to the confidentiality of records and data security and privacy.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Massapequa Union Free School Dist SENECA CONSULTING GROUP, INC
By:
By: Name: _______________________ Title: ________________________
Name: Daniel C. Opinante Title: President
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EXHIBIT A
Affordable Care Act Employer Compliance Proposal and Scope of Work
SPECIFICATION OF SERVICES ADMINISTRATOR will assist DISTRICT with meeting the DISTRICT’s “Employer Mandate” obligations and reporting requirements pursuant to the ACA by:
o Identifying in writing DISTRICT’s employees (both full-time and variable-hour employees) for
whom DISTRICT may be liable for a Section 4980H penalty if affordable, minimum essential coverage providing minimum value is not offered;
o Identifying which type of minimum essential coverage would be deemed “affordable” under ACA
for its full-time eligible employees (applying, for example, the “Form W-2” safe harbor);
o Offering strategies and helping DISTRICT apply the “Look-Back/Stability Period Safe Harbor” Measurement Method (a.k.a. “Look-Back Measurement Method”) under the ACA to new and ongoing employees of DISTRICT;
o Identifying and accounting for any applicable employment break periods and/or periods of special
unpaid leave for each DISTRICT employee who is evaluated using the Look-Back Measurement Method;
o Identifying in writing which DISTRICT employees must be treated as a new, ongoing, variable-
hour, full-time, part-time and/or seasonal employees under ACA for purposes of applying the Look-Back Measurement Method and for determining those employees for whom the District may be liable for a Section 4980H penalty if affordable, minimum essential coverage providing minimum value is not offered;
o Reviewing collective bargaining agreements (“CBAs”), individual employment contracts, Board
of Education resolutions, letters of understanding and any other documentation setting forth terms and conditions of employment and helping DISTRICT determine how each affects DISTRICT’s obligations under ACA;
o Providing DISTRICT with a written penalty analysis for: (1) failing to offer minimum essential
coverage as required by ACA; (2) offering minimum essential coverage that does not provide minimum value; (3) providing minimum essential coverage that is not “affordable” under ACA standards; and (4) providing coverage that does not satisfy the non-discrimination rule under ACA; and
o Assisting and supporting DISTRICT with audits, inquiries and/or investigations conducted by the
Federal oversight agencies including, but not limited to, a response to any notices of a potential Section 4980H penalty;
o Preparing and electronically filing/sending Internal Revenue Code Section 6056 reports as
DISTRICT's authorized agent including, but not limited to: o Using a secure method of delivery to import applicable DISTRICT data furnished by
DISTRICT; o Drafting IRS Forms 1094-C and 1095-C; o On or before January 15th 2020 sending completed 1095-B and 1095-C forms to
DISTRICT for DISTRICT’s review and written approval (DISTRICT’s written approval must be received by 5:00 p.m. on January 15th 2020);
o Upon receipt of DISTRICT's written approval, furnishing all full-time employees with a copy of IRS Form 1095-C on or before January 31st 2020;
o Upon receipt of DISTRICT's written approval, electronically filing 1094-C and 1095-C forms with IRS on or before March 31st 2020; and
o Providing the District with confirmation of IRS acceptance of the forms.
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o Calculating the hours of service performed by each employee on a weekly and monthly basis including, but not limited to, regular workday, overtime, paid leave time, special unpaid leave time and stipends (each calculation will accurately reflect the hours of service for a particular week or month, even if the time is not entered into District’s payroll system until after that week or month has concluded);
o Calculating the average hours of service performed by each employee during the initial or standard measurement period;
o Helping DISTRICT:
Determine the relevant “plan years” Identify, establish and apply the most beneficial measurement periods (e.g., 3-12 months,
etc.) including, if recommended, different measurement periods for different categories of employees, for:
Initial Measurement Periods; Standard Measurement Periods; Stability Periods; and Administrative Periods;
o Analyzing and advising in writing whether DISTRICT’s currently offered health insurance plans
are “affordable” based on ACA requirements and offering options for alternate health insurance plans that comply with ACA;
o Analyzing and advising in writing which is the best “safe harbor” option under ACA for calculating the affordability of health insurance coverage in accordance with each eligible DISTRICT employees’ income;
o Providing written assurances that current DISTRICT health insurance offerings meet the ACA
standards for “minimum essential coverage”;
o Analyzing and advising DISTRICT in writing to determine what, when and how many notices required by ACA must be provided to its employees and providing the required notices to the employees;
o Providing DISTRICT with a clear understanding of the New York State Health Insurance
Exchange and its implications for DISTRICT and DISTRICT employees, if any;
o Ensuring that new and existing employees of DISTRICT are treated correctly and consistently with respect to ACA requirements;
o Developing strategies for timely enrolling in a DISTRICT health insurance plan those employees
who meet the applicable legal threshold for average hours worked during the relevant period of time and, as a result, for whom DISTRICT may be liable for a Section 4980H penalty if affordable, minimum essential coverage providing minimum value is not offered;
o Revising compliance procedures as the Federal Government makes ongoing changes and
adjustments to the ACA; and
o Providing DISTRICT with a reference manual (a “Compliance Report”) that documents all of the advice, analysis, calculations, recommendations, procedures and protocol that relate to this Agreement.
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EXHIBIT B BUSINESS ASSOCIATE AGREEMENT
This Agreement (“Agreement”) between Seneca Consulting Group, Inc., a New York Corporation with principal office and place of business at 960 Wheeler Road #5367 Hauppauge, NY 11788 (herein “CONSULTANT”) and Massapequa Union Free School Dist, having its principal place of business at 4925 Merrick Rd Massapequa NY 11758-6297, (hereinafter referred to as the “District”). W I T N E S S E T H WHEREAS, CONSULTANT provides employee benefit consulting services to District which relates to the group health insurance program provided to the participants of such District; and WHEREAS, the parties acknowledge that they are subject to the rules of HIPAA and that this Agreement is required by HIPAA regarding certain EDI, Privacy and Security standards applicable to this Agreement; and WHEREAS, District and CONSULTANT have entered into a relationship under which CONSULTANT may receive, use, obtain, access or create Protected Health Information (as that term is defined in Paragraph I(e) of this Exhibit to the Agreement) from or on behalf of District in the course of providing goods and services to District and its participants; and WHEREAS, such Protected Health Information is confidential and must be afforded special treatment and protection, such that all information can be used or disclosed only in accordance with the Standards for Privacy of Individually Identifiable Health Information set forth at 45 CFR Parts 160 and 164 (hereinafter “the Privacy Rule”) as implemented in the parties’ relationship by this Agreement; and WHEREAS, CONSULTANT acknowledges that it is a Consultant of District under the terms of HIPAA in its operation of this Agreement. I Definitions. (a) Breach. “Breach” shall have the same meaning as the term “breach” in Section 13400(1) of the HITECH
Act (b) Designated Record Set. ''Designated Record Set'' shall have the same meaning as the term ''designated
record set'' in 45 CFR 164.501, limited to the information created or received by CONSULTANT from or on behalf of District. (a) De-identify/De-identified. “De-identify/De-identified” means to remove, encode, encrypt, or otherwise
eliminate or conceal data that identifies an individual, or modifies information so that there is no reasonable basis to believe that the information can be used to identify an individual (a) Disclose. The release, transfer or provision of access to PHI, whether oral or recorded in any form or
medium. (b) Individual. ''Individual'' shall have the same meaning as the term ''individual'' in 45 CFR 164.501 and shall
include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). (c) Privacy Rule. ''Privacy Rule'' shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E. (d) Protected Health Information. ''Protected Health Information'' shall have the same meaning as the term
''protected health information'' in 45 CFR 164.501, limited to the information created or received by Consultant from or on behalf of District. (e) Secretary. ''Secretary'' shall mean the Secretary of the Department of Health and Human Services or his
designee. (f) Business Associate. "Business Associate" shall mean Consultant
Covered Entity. "Covered Entity" shall mean Massapequa Union Free School Dist (g) Minimum Necessary Information. “Minimum Necessary Information” means (i) in the case of routine and
recurring types of disclosures, the set of data or records which the disclosing party’s policies and procedures have established as reasonably necessary to achieve the purpose of such disclosures; and (ii) in the case of non-routine and non-recurring disclosures, the set of data or records which the Disclosing Party determines is reasonably necessary to accomplish the purpose of the disclosure, upon review of each disclosure according to criteria
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developed by the Disclosing Party; provided that in the case of disclosure (A) to a Covered Entity, (B) to a professional for purposes of providing professional services to the Disclosing Party, or (C) to a public official for disclosures which are permitted by law without Individual consent, the Minimum Necessary Information shall be the set of data or records requested by that party, upon the party’s reasonable representation that the request is for the minimum necessary given the purpose of disclosure(s).
101. Obligations and Activities of Consultant. Consultant agrees to: (a) not use or disclose Protected Health Information other than as permitted or required by this Agreement or
as required By Law. (b) use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as
provided for by this Agreement. (c) mitigate, to the extent practicable, any harmful effect that is known to Consultant of a use or disclosure of
Protected Health Information by Consultant in violation of the requirements of this Agreement. (d) report to District within forty-eight (48) hours any use or disclosure of the Protected Health Information not
provided for by this Agreement of which it becomes aware. (e) ensure that any agent, including a subcontractor, to whom it provides Protected Health Information
received from, or created or received by Consultant on behalf of District agrees to the same restrictions and conditions that apply through this Agreement to Consultant with respect to such information. (f) provide access, at the request of District, within 48 hours, to Protected Health Information in a Designated
Record Set, to District or, as directed by District, to an Individual in order to meet the requirements under 45 CFR 164.524. (g) make any amendment(s) to Protected Health Information in a Designated Record Set that the District
directs or agrees to pursuant to 45 CFR 164.526 at the request of District or an Individual, and within 48 hours of such request. (h) make internal practices, books, and records, including policies and procedures and Protected Health
Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Consultant on behalf of, District available to the District, or to the Secretary, in a time and manner or designated by the Secretary, for purposes of the Secretary determining District's compliance with the Privacy Rule. (i) document such disclosures of Protected Health Information and information related to such disclosures as
would be required for District to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (j) provide to District or an Individual, within 48 hours of a request, information collected in accordance with
Section (i) above of this Agreement, to permit District to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.
102. Permitted Uses and Disclosures by Consultant. Except as otherwise limited in this Agreement, Consultant may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, District, provided that such use or disclosure would not violate the Privacy Rule if done by District or the minimum necessary policies and procedures of the District.
103. Obligations of District. District shall: (a) notify Consultant of any limitation(s) in its notice of privacy practices of District in accordance
with 45 CFR 164.520, to the extent that such limitation may affect Consultant's use or disclosure of Protected Health Information.
(a) District agrees to disclose PHI to Consultant upon its own volition, upon consultant’s request, or upon the request of a third party if such disclosure is permissible by law, so that consultant may provide the agreed to services to or on behalf of District, District otherwise objects to the disclosure, or CONSULTANT is no longer providing the services to District.
(b) notify Consultant of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Consultant's use or disclosure of Protected Health Information.
(c) notify Consultant of any restriction to the use or disclosure of Protected Health Information that District has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Consultant's use or disclosure of Protected Health Information.
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5. Permissible Requests by District District shall not request Consultant to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by District. 6. Term and Termination (a) Term. This Agreement shall be effective from the date the parties sign the attached Benefit Consulting
Agreement (the “Effective Date”), until the later of 1) the date of termination of the aforementioned Benefit Consulting Agreement or 2) the date one of the parties terminates the Agreement pursuant to subdivision (b) of this paragraph, or 3) the date when all of the Protected Health Information provided by the District to Consultant or created or received by Consultant on behalf of District, is destroyed or returned to District, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information in accordance with the provisions of Subdivision (c) of this paragraph 6. (b) Termination Either party may terminate this Agreement upon thirty (30) days ‘notice to the other party,
which shall serve to terminate the Benefit Consulting Agreement as well: (c) Effect of Termination.
i. Except as provided below in paragraph (ii) of this section, upon termination of this Agreement, for any reason, Consultant shall immediately return or if directed by the District, destroy all Protected Health Information received from District, or created or received by Consultant on behalf of District. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Consultant. Consultant shall retain no copies of the Protected Health Information.
ii. In the event that Consultant determines that returning or destroying the Protected Health Information is infeasible, Consultant shall provide immediately to District notification of the conditions that make return or destruction infeasible. Upon submittal of written proof, satisfactory to District, that return or destruction of Protected Health Information is infeasible, Consultant shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Consultant maintains such Protected Health Information. 7. Indemnification. Consultant agrees to indemnify, defend and hold harmless District and their affiliates, trustees, officers, directors, employees, successors and assigns from and against any and all claims, penalties, liabilities, losses, damages, suites, settlements, judgments or costs, including reasonable attorneys’ fees, which may arise from the acts or omissions of Consultants in performing under this Agreement.
8. Audit. Upon sixty (60) days’ prior notice, District may audit Consultant’s performance pursuant to this Agreement, including, but not limited to, the internal privacy practices of Consultant. District shall choose the Auditor in its sole discretion. The Audit shall be conducted on CONSULTANT’s premises during regular business hours and CONSULTANT shall make available its books, records and procedures regarding compliance with Health Insurance Portability and Accountability Act of 1996 Privacy Rule and any applicable amendments thereto.
9. Miscellaneous. (a) Regulatory References. A reference in the Agreement to a section in the Privacy
Rule means the section as in effect or as amended. (b) Amendment. The Parties agree to take such action as is necessary to amend the Agreement from time to
time pursuant to a written agreement signed by the Parties and is necessary for District to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191Survival. The respective rights and obligations of Consultant under Section 2(f), 2(g), 6(c) and (7) of this Exhibit “B” shall survive the termination of the Agreement. (c) Interpretation. Any ambiguity in the Agreement shall be resolved to permit District to comply with the
Privacy Rule. (d) Notices. Any notice required to be given under this Agreement shall be in writing and sent by confirmed
facsimile or by certified mail, return receipt requested at the address set forth above or at such other address as the parties may designate from time to time.
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NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
The parties agree that for purposes of HIPAA CONSULTANT shall be deemed a Consultant of District. CONSULTANT agrees to continue to perform, on behalf of District, all transactions that are considered Covered Transactions, as that term is defined by HIPAA and function as District’s Clearinghouse, as that term is defined by HIPAA, and therefore further agrees to comply with HIPAA’s standards regarding EDI, Privacy and Security. In no event shall District be required to provide CONSULTANT with any information in a format that meets the EDI standards of HIPAA.
IN WITNESS WHEREOF, the duly designated representatives of District and CONSULTANT have
executed this Agreement and have evidenced their ratification and consent to be bound by the Agreement contained herein, as of the effective date of this Agreement.
Massapequa Union Free School Dist
SENECA CONSULTING GROUP, INC
By:
By: Name: ________________________ Title: _______________________
Name: Daniel C. Opinante Title: President
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Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:48 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Extra Classroom Activity Treasurers
Resolved that the Board of Education approve the appointments listed below:
Extra Classroom Activity Treasurer
Jason Esposito (Berner)
Tania Willman (Ames)
Brian Conboy (MHS)
Extra Classroom Activity Asst. Treasurer
Jackie Coleman (Berner)
Marianne Thomson (Ames)
Susan Brown (MHS)
5.3
Packet Pg. 81
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:48 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: District Designations 2019-20
District Designations - 2019-20
A. Depositories of District Funds HSBC Bank
(In accordance with General Municipal Law, Citibank
Section 10, all banking institutions listed will JP Morgan Chase Bank
have a maximum investment Level, not to exceed Bank of America
the general fund budget). Capital One
TD Bank
Flushing Bank
Sterling National Bank
B. Official Newspapers Massapequa Post
Massapequa Observer
South Bay’s Neighbor
Newsday
New York Times
C. Persons to Administer Petty Cash Funds
Lucille Iconis $100 Brian Conboy $100
Dr. Thomas Fasano $100 Dr. Michael Yannucci $100
Dr. Jordan McCaw $100 Tania Willman $100
Alan Adcock $100 Fine Arts Director $100
Stephen Aspetti $100 John Piropato $100
Thomas McKillop III $100 Anne Marie Bellizzi $100
Jason Esposito $100 Robert Schilling $100
Dr. Kristi Gerhard $100 Diana Haanraadts $100
Dr. Amanda Lowry $100 Paul Heckelman $100
Deanna Catapano $100 Timothy O’Donnell $100
Bryan Piotrowski $100 T. Willman (CCC Pgm) $100
Brian Conboy (CCC Pgm) $100 J. Esposito (CCC Pgm) $100
Science Research Pgm. $100
5.4
Packet Pg. 82
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:49 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Approve Appropriation Adjustments
Resolved that the Board of Education authorizes the Superintendent of Schools to approve
appropriation adjustments up to $5,000 between functional units and to approve all appropriation
adjustments within functional units.
5.5
Packet Pg. 83
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:50 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Approve Appointments
Resolved that the Superintendent of Schools is authorized to approve appointments of certified
staff and classified staff until Board action is taken at its next meeting (with the exception of the
titles of Principals and above).
5.6
Packet Pg. 84
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:51 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution Authorize Signing Documents
Resolved that the Board President be authorized to sign documents for items approved in the
2019-20 budget with the exception of those needing Board approval.
5.7
Packet Pg. 85
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:51 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Enter into Cooperative Bidding
Resolved that the Purchasing Agent be authorized to enter into cooperative bidding and
purchasing agreements in accordance with Board Policy 6710.
5.8
Packet Pg. 86
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:52 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Sign Health Contracts
Resolved that the Board President, Superintendent of Schools and District Clerk be authorized to
execute and sign contracts for health services between the Massapequa School District and other
local districts for the 2019-20 school year.
5.9
Packet Pg. 87
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:52 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Participate in Free & Reduced Meal Program
Resolved that the Board of Education use the criteria as set forth by the Bureau of School Food
Service Management to participate in the 2019-20 State/Federal Free & Reduced Meal Program.
5.10
Packet Pg. 88
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Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:53 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Reimburse Travel Mileage
Resolved that the Superintendent or designee be authorized to reimburse business travel mileage
at the current IRS mileage reimbursement rate.
5.11
Packet Pg. 103
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:53 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Authorize Signing of Checks
Resolved that the Board of Education authorize the President of the Board of Education to sign
checks in the absence of the School District Treasurer or in the absence of both, that the Vice
President be authorized to sign checks.
5.12
Packet Pg. 104
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:54 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Readopt Board Policies
Resolved that the Board of Education readopt all current Board policies.
5.13
Packet Pg. 105
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 1:39 PM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Approve Staff Conferences
Resolved that the Board of Education authorizes the Superintendent or designee to approve staff
conferences as allocated in the 2019-20 budget.
5.14
Packet Pg. 106
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:54 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Approve Change Orders
Resolved that upon recommendation of the Architect, change orders may be approved by the
Superintendent, the Deputy Superintendent and the Director of Facilities (or any two of them) to
the extent of $50,000 per change order and to approve the use of the contract allowance for each
prime construction contract and that the change order as approved shall be submitted to the Board
of Education at the next regularly scheduled meeting for approval.
5.15
Packet Pg. 107
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 1:40 PM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Authorize Principal Replacements
Resolved that the following individual(s) shall be authorized to serve in the principal's seat in the
event the principal is absent from the school district on a designated day or days.
Central Administrators
Curriculum Associates
Executive Assistants
Assistant Principals
High School Principal (for Ames Campus)
Special Ed. Supervisors
5.16
Packet Pg. 108
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:55 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: DASA Coordinators
Resolved that the following individuals shall be authorized to serve as DASA Coordinators for
the 2019-20 school year
Stephen Aspetti - Birch Lane
Thomas McKillop III - East Lake
Dr. Kristi Gerhard- Fairfield
Dr. Michael Yannucci - Lockhart
Dr. Amanda Lowry - McKenna
Deanna Catapano - Unqua
Jason Esposito - Berner Middle School
Tania Willman - MHS - Ames Campus
Brian Conboy - Massapequa High School
Dr. Thomas Fasano - Central Administration
5.17
Packet Pg. 109
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:56 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Remove Inventory
Resolved that the Deputy Superintendent is authorized to remove from inventory and discard old,
worn, unsafe and outdated equipment, furniture and textbooks.
5.18
Packet Pg. 110
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:56 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Appoint LI Food Service Directors Assoc.
Resolved that the Board of Education appoint Long Island Food Service Directors Association
Cooperative Bid Committee to represent the district’s school lunch requirements for the 2019-20
school year.
5.19
Packet Pg. 111
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Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:57 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Participate in Educational Data Services Bid
Resolved that the Board of Education participate in the Educational Data Services New
York/Island Cooperative Bid Program for the 2019-20 school year as per the attached.
5.20
Packet Pg. 115
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:57 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution Regarding Clerical Employee Overtime
Resolved that the confidential clerical employees that return to the District in the evening to
record the minutes at Board of Education committee meetings be compensated at their time and a
half rate.
5.21
Packet Pg. 116
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 7/1/2019 8:55 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Approve Fees and Charges
Resolved that the Board of Education approve the fees and charges listed for the 2019-20 school
year:
a/ Continuing Education Current Suggested
Teachers' Salaries $25.00 hr. $25.00 hr.
Supervisor's Salary $8,700 $8,700
b/ Lunch Prices Current Suggested
Elementary Lunch $2.75 $2.75
Secondary Lunch $3.00 $3.00
c/ Fees - Use of School Facilities/Equip. Current Suggested
Auditorium - MHS/BMS $175.00 per hr.* $175.00 per hr*
Auditorium - McKenna/MHS Caf./BMS Caf. $150.00 per hr.* $150.00 per hr.*
Cafeteria & General Purpose Room $75.00 * $75.00*
Athletic Field - Massapequa H.S & BMS Turf $175.00 * $175.00* per hr.
Athletic Field/Misc. Grounds $60.00 * $60.00*
Gymnasium - MHS, Ames, BMS, McKenna $160.00 * $160.00 *
Gymnasium-All Other $75.00 * $75.00*
Library, Other Indoor Spaces All Schools $75.00 * $75.00 *
*Additional Service Fees May Apply
Instrument Rental $110.00 $110.00
Miscellaneous Salaries-(Retirees may receive a higher rate as approved by the Human Resources
Administrator)
A/ Pay Rates for Substitute Instructional Personnel and Other Professionals
5.22
Packet Pg. 117
Resolution (ID # 4137) Meeting of July 2, 2019
Updated: 7/1/2019 8:55 AM by Anne Marie Bellizzi Page 2
Current Suggested
1/ Per Diem Salary for Substitute Teachers* $130.00 $135.00
(including, but not limited to "permanent"
Subs, per diem substitutes for short term absences,
OSS Subs, "yellow jackets", etc.)
2/ Per Diem Salary for Substitute Teachers*
who replace the same teacher for 1-20 $130.00 $135.00
consecutive school days
3/ Per Diem Salary for Substitute Teachers* who $135.00 $140.00
replace the same teacher for 21-40 consecutive days
4/ Per Diem Substitute Teachers* who replace the Current Suggested
same Teacher for 41 or more days in the same position
$155.00 $160.00
Salary for Substitute Teacher Assistant $95.00 $100.00
Retiree rate (20 or more days in same assignment) $155.00 $160.00
Psychologist Special Assignment $400.00 $400.00 per day
Psychological Evals. & CSE Meetings $400.00 $400.00per case
Supplemental Special Education Evaluation $175.00 $175.00
Teacher Summer CSE $ 50.00 per hr. $50.00 per hr.
Speech Evaluators $175.00 $175.00
Supplemental Education Evaluation $175.00 $175.00
AP Proctoring $130.00 per exam
*Teacher includes Guidance Counselors, Psychologists, Speech Pathologists, Social
Workers, and other applicable professionals.
5.22
Packet Pg. 118
Resolution (ID # 4137) Meeting of July 2, 2019
Updated: 7/1/2019 8:55 AM by Anne Marie Bellizzi Page 3
Other
Position: Current Suggested
District Clerk Stipend $9,500.00 $10,500.00
District Treasurer $8,500.00 $12,500.00
Videographer $185.00 session $185.00 session
Audio Visual Coordinator $7,500.00 $7,500.00
Lead Secretary Stipend $2,400.00 $2,500.00
Current Suggested
Seasonal Help Min. Wage Min. Wage
Seasonal Laborer $12.00 Min. Wage
Part Time Clerical $15.75 $16.50
Part Time Clerical - Retiree $16.25 $17.00
Substitute School Nurse $130/day $135/day
Web Liaison $2,300 $2,400
Web Master $3,675 $3,800
Chemical Safety Officer $3,172 $3,172
Substitute Food Service Helpers Min. Wage Min. Wage
Substitute Cafeteria and School Aides Min. Wage Min. Wage
Home Instruction $56.00 per hr. $56.00 per hr.
Detention - Study Hall $37.25 $37.25
East/ AST Teachers/Academic Coaching $45.50 $45.50
(40 min. session)
5.22
Packet Pg. 119
Resolution (ID # 4137) Meeting of July 2, 2019
Updated: 7/1/2019 8:55 AM by Anne Marie Bellizzi Page 4
Regents Prep Classes $56.00 $56.00
Alternate Evening HS Teachers/Credit Recovery $56.00 $56.00 per hr.
Curriculum Writing $50.00 $56.00 per hr.
Vote Registrars $12.50 per hr. Min. Wage
Building Chairpeople-Voter Registration $14.00 per hr. Min. Wage+$1.50 per hr.
School Security Guard $23.00per hr. $23.00 per hr.
OT/PT Current Suggested
* Individual Evaluation $68.00 $68.00
* Group Session $68.00 $68.00
* Individual Session $51.00 $51.00
Occupational Therapist Assistant
Current Suggested
* Group Session $51.00 $51.00
* Individual Session $31.00 $31.00
5.22
Packet Pg. 120
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:58 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution Designation of Surrogate Parent
Resolved that the individual below is designated as a surrogate parent to be utilized in the event
of a student with disability who is in need of such surrogate parent service during the 2019-20
school year:
Marie Festa
5 Surrey Road
Massapequa, NY 11758
5.23
Packet Pg. 121
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:58 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Appoint Committee on Special Education
Resolved that the Board of Education appoints the following individuals to the Committee on
Special Education for the 2019-20 school year, as per Commissioners Regulations, Part 200:
Dr. Jordan McCaw, Executive Director/Chairperson CSE
Kristen Catalano, Chairperson CSe/CPSE
Danielle Helfand - Supervisor/Chairperson for the CSE
TBD - Supervisor/Chairperson for the CSE
Dr. Jennifer Mazzotta-Perretti - Exec. Asst. & Chairperson for the CSE/CPSE
Amanda Lenoci - Supervisor/Chairperson for the CSE
Stefanie DelGiorno - Supervisor, Chairperson for the CSE
Michelle Provenzano - CSE Chairperson
Rachel Barshak- Supervisor/Chairperson for the CSE
Adam Carpentieri, DO - Chief School Physician
All District Psychologists, Alternate Chairpeople
General Education Teachers
Parent of the Student
Student with Disability (if appropriate)
Special Education Teachers
Parent Members
Angela Grisanzio
Mary Panto
Allison Prystupa
District Committee on Pre-School Special Education
The Board appoints the individuals below to the District Committee on Pre-School Special
Education for the 2019-20 school year as per Commissioners Regulations, Part 200;
Kristen Catalano, Chairperson CSE/CPSE
Dr. Jordan McCaw, Executive Director Alternate Chairperson
Rachel Barshak, Alternate Chairperson
Danielle Helfand, Alternate Chairperson
TBD, Alternate Chairperson
5.24
Packet Pg. 122
Resolution (ID # 4139) Meeting of July 2, 2019
Updated: 6/28/2019 8:58 AM by Anne Marie Bellizzi Page 2
Amanda Lenoci, Alternate Chairperson
Stefanie DelGiorno, Alternate Chairperson
Dr. Jennifer Mazzotta-Perretti, Alternate Chairperson
Michelle Provenzano - Alternate Chairperson
All District Psychologists
Parent Member
Sub-committee on Special Education
The individuals below are appointed to the subcommittee on Special Education for the 2019-20
school year as per Commissioner's Regulations, Part 200. Each sub-committee will be composed
of the following:
CSE Chairperson
Pupil's General and Special Education teachers
Special Education service providers, as appropriate Psychologist (as needed)
Parent of the Student
Student with disability (if appropriate)
Special Education Teachers
5.24
Packet Pg. 123
Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:59 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Standard Work Days for Elected and Appointed Officials
Resolved that the Massapequa Union Free School District hereby establishes the following as
standard work days for elected and appointed officials and will report the following days worked
to the New York State and Local Employees' Retirement System based on the record of activities
maintained and submitted by the officials to the clerk of this body as per the attached.
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RESOLVED that the Massapequa Union Free School District hereby establishes the
following as standard work days for elected and appointed officials and will report
the following days worked to the New York State and Local Employees’ Retirement
System based on the record of activities maintained and submitted by these officials
to the clerk of this body:
APPOINTED OFFICIALS
Title Name Social
Sec. #
Last
4
Digits
Registration
#
Standard
Work
Day
Term
Begins
/Ends
Participates
in
Employers
Time
Keeping
System
Days/Months
(Based on
Record
Activities)
District Clerk
District Treasurer
Anne
Marie
Bellizzi
Lisa
Beratis
xxxx
xxxx
xxxxxxxxx
xxxxxxxxx
7
hours/day
7
hours/day
7/1/19-
6/30/20
7/1/19-
6/30/20
Yes
Yes
N/A
N\A
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Board of Education 4925 Merrick Road
Massapequa, NY 11758 Superintendent's Office
Meeting: 07/02/19 06:30 PM
Updated: 6/28/2019 8:59 AM by Anne Marie Bellizzi Page 1
To: Lucille F. Iconis, Superintendent of Schools
From: Anne Marie Bellizzi, District Clerk of Superintendent's Office
Date: June 28, 2019
Re: Resolution to Adopt 2019-20 Board Meeting Calendar
Resolved that the Board of Education adopt the 2019-20 Board meeting calendar.
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Packet Pg. 126
Board Meeting Calendar 2019-20
July 2, 2019 April 2, 2020 – Regular meeting & Budget Adoption
August 1, 2019 April 21, 2020 – BOCES Budget Vote
September 12, 2019 April 23, 2020
September 26, 2019 May 7, 2020 – Budget Hearing
October 10, 2019 May 19, 2020 – SCHOOL BUDGET VOTE
October 24, 2019 May 21, 2020
November 7, 2019 June 4, 2020
November 21, 2019 June 18, 2020
December 5, 2019 July 2, 2020
January 2, 2020 August 6, 2020
January 16, 2020
February 6, 2020 – Budget Presentation #1
March 5, 2020 – Budget Presentation #2
March 19, 2020 – Budget Presentation #3
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