COLLEGE OF DuPAGE

Special Board of Trustees Meeting

October 7, 2016

BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 502 COUNTIES OF DuPAGE, COOK AND WILL STATE OF ILLINOIS

FRIDAY, OCTOBER 7, 2016

7:00 P.M. – STUDENT SERVICES CENTER, SSC-2200

SPECIAL BOARD MEETING NOTICE/AGENDA

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. CLOSED SESSION – Room: SSC 2200

5. RETURN TO OPEN SESSION

6. PUBLIC COMMENT

7. PRESENTATION FY16 Independent Audit

- Kim Michael-Lee, Interim VP Administrative Affairs/Treasurer - Clifton Larson Allen LLP

8. CONSENT AGENDA a. APPROVAL: Architectural Services

b. APPROVAL: Settlement Agreement in Simandl v. COD

9. ACCEPTANCE FY16 INDEPENDENT AUDIT

10. TRUSTEE DISCUSSION

11. CALENDAR DATES / Campus Events (Note: * = Required Board Event) *Thursday, October 20, 2016 7:00 p.m. Regular Board meeting, SSC-2200

12. ADJOURN

FRANK NAPOLITANO, SECRETARY

BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 502, COUNTIES OF DuPAGE, COOK AND WILL, STATE OF ILLINOIS

Posted 10/5/16

FUTURE MEETING Thursday, October 20, 2016

7:00 p.m. – Regular Board Meeting – SSC-2200

July

Cost Center reports due to

Finance Department

August

Finance Department begin review

of Cost Center Reports

September

Cost Center Reports

Finalized

Oct-Dec January

User Budget Training

Conducted

Position Budget

Requests Due

Mid-year Financial Review of

Cost Centers

February

Capital Requests Due

Position and Capital requests reviewed

against Cost Center

Reports and current year

budget allocations

March

Budget update for users complete

Finance Department begin review of department

budgets

April

Discussions with budget officers to

finalize budgets

First draft of Budget Book narratives due

Final draft of Budget Book

Schedules Due

May

Presentation of proposed Budget to Board of Trustees

June

Board approval /

adoption of the Budget

------- FY2017 Cost Center Report Development-------

Cost Center Review Calendar

Budget Calendar

Item 8a

October 7, 2016

COLLEGE OF DuPAGE SPECIAL BOARD MEETING

BOARD APPROVAL

1. SUBJECT Architectural Services for the General Counsel/Auditor’s Office Project. 2. REASON FOR CONSIDERATION

Contracts that exceed the statutory limit of $25,000 must be approved by the Board of Trustees.

3. BACKGROUND INFORMATION

The College requires professional architectural services to create construction documents, phasing plans and construction administration for space use revisions in the SRC Building. A portion of the third floor Library area will be renovated to accommodate new offices for General Counsel and Audit personnel. This project will also include permanent revisions to areas in the Continuing Education offices to accommodate personnel being relocated from the third floor project area. The project also includes temporary relocation (no built-out involved) of the Archives services during the construction phase. A legal notice was placed, and a Request for Qualifications (RFQ) was issued in April, 2015. PERKINS + WILL, was selected through a quailfications based selection (QBS) process as outlined in the Local Government Professional Services Selection Act, and approved by the Board on August 20, 2015 as one of the College’s Campus Architects. PERKINS + WILL has been assigned this project. Perkins + Will has extensive experience with professional service offices in various market sectors including over twenty recent projects for legal service firms. In accordance with the fee schedule in their Campus Architects Master Agreement, they will provide necessary architectural, mechanical, fire protection, electrical, IT, furniture and move management services for a fixed fee of $29,640.00 and not to exceed reimbursable expenditures of $1,900.00. This purchase complies with State Statues, Board Policy and Administrative Procedures.

Item 8a

October 7, 2016

Budget Status

FY2016

Prior Year Annual YTD Available

GL Account Spend Budget Spend* Balance

03-90-39010-5303001 -$ 33,700.00$ -$ 33,700.00$ Construction, General Counsel / Auditor Office Remodel, Architectural Services

Current Request 31,540.00$

*YTD Spend equals actuals plus committed as of 09/27/16.

FY2017

4. RECOMMENDATION That the Board of Trustees authorizes the College Administration to enter into a

contract with PERKINS + WILL Architects for a not to exceed expenditure of $31,540.00 to provide architectural services for the General Counsel/Auditor’s Office Project.

Staff Contact: Bruce Schmiedl, Director of Facilities Planning and Development

Item 8a

October 7, 2016

COLLEGE OF DuPAGE SPECIAL BOARD MEETING

BOARD APPROVAL

SIGNATURE PAGE FOR

Architectural Services for the General Counsel/Auditor’s Office Project.

ITEM(S) ON REQUEST That the Board of Trustees award the proposal as follows:

That the Board of Trustees authorizes the College Administration to enter into a contract with PERKINS + WILL Architects for a not to exceed expenditure of $31,540.00 to provide architectural services for the General Counsel/Auditor’s Office Project.

Board Chair Date Secretary Date

Item 8b October 7, 2016

COLLEGE OF DuPAGE SPECIAL BOARD MEETING

BOARD APPROVAL

1. SUBJECT

Approval of settlement agreement in the matter of Simandl v. College of DuPage et

al.

2. REASON FOR CONSIDERATION

Section 3-30 of the Illinois Public Community College Act permits the Board of Trustees to exercise powers “that may be requisite or proper for the maintenance, operation and development of any college or colleges under the jurisdiction of the board.” 110 ILCS 805/3-30.

3. BACKGROUND INFORMATION

On November 24, 2015, Thomas Simandl filed a lawsuit against the Board, Karen Kuhn, and Catherine Brod alleging claims of employment discrimination. The parties have proposed a settlement agreement to resolve the lawsuit. Under the proposed settlement agreement, the Board agrees to pay to Simandl, on behalf of the Board, Kuhn, and Brod, the amount of $60,000.00 in exchange for a full release of Simandl’s claims.

4. RECOMMENDATION

That the Board of Trustees approves the proposed settlement agreement between Simandl, The College of DuPage Board of Trustees, Karen Kuhn, and Catherine Brod to resolve Simandl v. College of DuPage et al.

SETTLEMENT AQREEMENT AND GENERAL RELEASE OF ALL CLAIMS

This Settlement Agreement and General Release of All Claims (this ''Agreement") is made and

entered into by and among THOMAS SIMANDL ("Simanan and BOARD OF TRUSTEES OF

COMMUNITY COLLEGE DISTRICT NO. 502 COUNTY OF OUPAGE, WILL and COOK COUNTIES

d/b/a COLLEGE OF DUPAGE ("COD"), KAREN KUHN (''KuhnQ), and CATHERINE BROD (uBrod").

WHEREAS, Simandl wa.s employed by COO; and

WHEREAS, on or about October 6, 2014, Simandl retired from employment with COD; and

WHEREAS, after receiving a Right to Sue letter from the EEOC, on or about November 15,

2015, Simandl filed suit in United States District Court for the Northern District of Illinois., under case

number 15 cv 10601 (the ''Federal lawsuin. against COD, Kuhn and Brod, alleging discrimination on

the basis of gender, retaliation, Family and Medical Leave Act eFMLA�) discrimination and retaliation,

intentional interference with employment/prospective economic advantage, all of which allegations

were denied; and

WHEREAS, COD, Kuhn and Brod have otherwise denied any liability to Simandl whatsoever;

and

WHEREAS, the parties desire to settle their differences pursuant to the terms and conditions

set forth herein;

NOW, THEREFORE, in consideration of the releases, covenants and agreements hereinafter

set forth, the parties agree as follows:

1.

2.

Recitals. The parties incorporate each of the foregoing recitals as Paragraph 1.

Release by Simandt Simandl agrees to, and does hereby, for himself, his heirs.

executors, successors and administrators, remise, release and forever discharge each of Kuhn, Brod

and COD and each of COD's current and former trustees, officers, department heads, officers,

employees. benefit plan(s) and their trustee(s). beneficiaries and fiduciaries; agents, attorneys,

insurers, predecessors. successors, assigns, and affiliates, of and from any and all manner of action,

cause and causes of action, suits, debts, bills, specialties, covenants, contracts, sums of money,

commissions, compensauon, controversies, agreements, promises, trespasses, damages, judgments,

executions, claims including claims for attorneys' fees, and demands whatsoever, in law or in equity,

whfch, against any of them, Simandl has had, now has, or can, shall, or may have, directly or

indirectly, whether known or unknown, for, upon, or by reason of any matter, cause, or thing

whatsoever, through the date of these presents including, but not limited to, any and all claims

included or which could have been included in the Federal lawsuit, and any and all other claims

arising out of Simandl's employment with COD prior to the date hereof, as foUows:

(a) claims, actions, causes of action or liabilities arising under Title Vil of the Civil Rights Act of1964, as amended, the Employment Retirement Income Security Act. as amended ("ERlSA"),the Rehabilitation Act of 1973, as amended, t.he Americans with Disabilities Act, as amended,the Age Discrimination in Employment Act of 1967, as amended, the Older Workers BenefitProtection Act of 1990, as amended, the Family and Medical Leave Act, and/or any otherfederal, state or municipal employment discrimination statutes (including, but not limited to,claims based on sex, gender, attainment of benefit plan rights., race, religion, national origin,marital status, sexual orientation, parental status, disability, handicap, retaliation, whistlebJowerstatus and veteran status); and/or

(b) claims, acti.ons, causes of action or liabilities and/or any other federal, state or focal statute,law, ordinance or regulation; andfor

(c) any other claim whatsoever including, but not limited to, claims for severance or vacationpay, claims based upon breach of express or implied contract. interference with employment orprospective economic advantage, wrongful suspension, wrongful or constructive termination,defamation, intentional or negligent infl.iction of emotional distress. personal injury, emotion.alinjury, harassment, retaliation, negligence and/or any other common law, statutory or otherclaim whatsoever arising out of or relating to Simandl's employment, and separation fromemployment by COD. and including but not limited to any claims made or which could havebeen made in the Federal Lawsuit, and/or

(d) any claim to back pay, front pay, liquidated damages or any other damages of any kind, butexcluding any claims which under law Slmandl cannot waive, claims for reimbursement ofeligible medical expenses in accordance with applicable COD retiree benefits, and any claimsfor breach of this Agreement

3. Payment to Simandf. Within three (3) days following the latest to occur (a) the

expiration of the revocation period contained in paragraph 11 below, or (b) the dismissal with

prejudice of the Federal Lawsuit as described in paragraph 8 below, or (c) the approval of this

908292v7 2

Agreement and the payments contemplated hereby by the COD Board of Trustees, COO shall pay or

cause to be pafd on behalf of COD, Kuhn and Brod to Simandl the total sum of Sixty Thousand

Dollars ($60,000.00). The payment shall be made in the following disbursements:

(a) a check in the amount of $40,000, less appropriate Federal and State of Illinois

income tax withholding. payable to Simandl. Simandl shall receive an IRS Form W-2 for this payment

(b) a check in the amount of $20,000 payable to Simandl's attorney, Kristin Case,

for which an IRS Form 1099 shalfbe issued to Ms. Case (FEIN: 20-4786749) and Slmandl.

4. No Reliance. Simandl acknowledges and agrees that by signing this Agreement, he

does not rely and has not relied on any representation or statement by COD or by any of its agents,

representatives or attorneys with regard to the subject matter, basis or effect of this Agreement or

otherwise. Simandl further acknowledges that he enters into this Agreement voluntarily and

knowingly.

5. No Admission. It is expressly understood and agreed that the above payments and

release are for the purpose of settling and compromising Simandl's claims, which are disputed, and

any other claims that Simandf may have against one or more of COD, Kuhn or Brod arising out of the

facts alleged in the Federal Lawsuit. It is understood and agreed that the settlement does not

constitute any admission of fault, responsibility or liability, and that all fault, responsibility or fiability on

the part of any party is expressly denied.

6. Binding . Effect. This Agreement shall be binding upon Simandl and upon his heirs,

administrators, representatives, executors, successors and assigns, and shall inure to the benefit of

COD. Kuhn and Brod and to their respective successors and assigns.

7. Governing Law, This Agreement is made and entered into in the State of Illinois and

shall in all respects be interpreted, enforced and governed under the laws of the State of Illinois. Any

dispute under this Agreement shaU be adjudicated by a court of competent jurisdiction in the State of

Illinois.

908292117 3

8. Conditigns Precedept The following are conditions precedent to the obligation of COD

to pay Simandl the amount referenced in paragraph 3 above: Simandl shall dismiss the individual

defendants. Brod and Kuhn, with prejudice, within seven (7) days of the execution of this Agreement.

Simandl shall dismiss the Federal Lawsuit, with prejudice, against COO within seven (7) days after the

payments contemplated hei:eby have been approved by the Board of Trustees of the COO in open

session. If payments are not made, the Agreement shall be null and void and the Federal Lawsuit

may be reinstated by Simandl against all parties.

9. Pc;!filstl lnvalidJrt. Should·any provision of this Agreement be declared or be determined

by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms

or provisions shalt not be affeeted thereby and said illegal or invalid part, term or provision shall be

deemed not to be part of this Agreement

10. Ptior Review. Simandl acknowledges and agrees that COO has advised him to consult

with an attorney of his choosing prior to signing this Agreement, and that he has, in fact consulted

with an attorney of his choosing, In addition1 Simandl acknowledges that he has been given a period

of at least twenty one (21) days within which to consider this Agreement Simandl acknowledges that

in connection with the negotiation of the settlement contemplated hereby, and in connection with his

review of the content of this Agreement, he has had the benefit of counsel of his choosing,

specifically: Kristin Case and Kendra Kutkow.

11 . Right to. Revoke, For a period of seven (7) days following the execution of this

Agreement by Simandl, Simarn:fl may revoke this Agreement by a revocation in writing directed to

Linda Sands-Vankerk, ("Sands..Vankerk�). Vice President of Human Resources for COD and mailed or

delivered so that it is received by Sand&-Vankerk before the close of business on the eighth (8� day

following Simandl's execution hereof, and this Agreement shall not become effective or enforceable

until such revocation perioct has expired.

12.

908292117

Litigation Barreg ·t»£ Relea§§. It is expressly understood and agreed by Simandl that

4

this instrument may be pleaded as a compl.ete defense to, and in bar of, any action or proceeding

brought, maintained or conducted by Simandl against COD, Kuhn or Brod in connection with or on

account of any of the matters set forth above. Moreover, Simandl will be liable to COD for reasonable

attorney's fees and costs in defending such litigation. Provided, however, that nothing contained

herein shall be deemed to limit Simandl's right to participate in any administrative investigation or

proceeding conducted by the Equal Employment Opportunity commission or similar federal, state of

local agency charged with enforcing employment discrimination Jaws. However. Simandl hereby

waives, and shall not be entlttecf. to, any relief or recovery, mone�ry or otherwise, related to any claim

released by this Agreement.

13. Entire Agreemoot. This .Agreement constitutes the exclusive agreement between the

parties hereto relating to the subject matter hereof. No amendment of this Agreement shall be binding

unless committed to writing and signed by the parties hereto.

14. Counte02arts. This Agreement may be executed in any number of counterparts each of

which shall be deemed an original and all of which. when taken together, shall comprise one and the

same instrument Counterparts may be exchanged by e-mail or facsimile with hard copies exchanged

promptly thereafter.

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates

identified below.

Dated: q f?/;, r1

Dated: -------

908292v7

BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRlCT NO. 502 COUNTY OF DUPAGE WILL ANO COOK COUNTIES D/8/A COLLEGE OF DUPAGE

By: ___________ _

5

Dated: ------

Dated: __________

900292v7

Duly Authorized Agent

6

By:__________________________________ Karen Kuhn

By:__________________________________ Cathy Brod

Item 9

October 7, 2016

COLLEGE OF DuPAGE

SPECIAL BOARD MEETING

BOARD APPROVAL ________________________________________________________________ 1. SUBJECT

FY2016 Audit.

2. REASON FOR CONSIDERATION Board acceptance of the attached Comprehensive Annual Financial Report and Single Audit and Illinois Board of Higher Education Cooperative Work Study Program Grant Audit for the Fiscal Year ended June 30, 2016.

3. BACKGROUND INFORMATION a) Comprehensive Annual Financial Report (“CAFR”) - This audit was performed by

CliftonLarsonAllen LLP as authorized by the Board of Trustees in accordance with 110 ILCS 805/3-22.1. This audit is the first of a three-year contract. Pending final approval the College is expected to receive an unmodified opinion. Copies of the audit report will be filed with the State in accordance with the Illinois Community College Act. A copy of the CAFR will also be posted to the College’s website.

b) Single Audit - The Single Audit is an audit of the College’s compliance with

federal rules and regulations as they apply to the College’s major federal grants. Pending final approval the College is expected to receive an opinion that it complied, in all material respects, with federal grant compliance requirements over its major federal programs. In addition the Single Audit includes the auditors’ report on the College’s internal controls over financial reporting and compliance.

c) Internal Control Letter –The Internal Control Letter will identify control deficiencies

based on the auditors’ consideration of the College’s internal controls over financial reporting which are considered important enough to merit the attention of governance but which would not be considered to be significant deficiencies or material weaknesses.

d) Illinois Board of Higher Education Cooperative Work Study Program Grant Audit

– The audit was performed by CliftonLarsonAllen LLP as authorized by the Board of Trustees. Pending final approval the College is expected to receive an unmodified opinion. Copies of the audit report will be filed with the Illinois Board of Higher Education.

Item 9

October 7, 2016

4. RECOMMENDATION That the Board of Trustees accepts the Comprehensive Annual Financial Report and Single Audit and the Illinois Board of Higher Education Cooperative Work Study Program Grant Audit for the Fiscal Year ended June 30, 2016.

Staff Contact: Kim Michael-Lee, Interim VP Administrative Affairs and Treasurer Scott Brady, Interim Controller

Item 9

October 7, 2016

COLLEGE OF DuPAGE

SPECIAL BOARD MEETING

BOARD APPROVAL

SIGNATURE PAGE FOR

FY2016 AUDIT

ITEM(S) ON REQUEST

THAT THE BOARD OF TRUSTEES ACCEPTS THE ATTACHED COMPREHENSIVE ANNUAL FINANCIAL

REPORT AND SINGLE AUDIT AND ILLINOIS BOARD OF HIGHER EDUCATION COOPERATIVE WORK

STUDY PROGRAM GRANT AUDIT FOR THE FISCAL YEAR ENDED JUNE 30, 2016. BOARD CHAIR DATE SECRETARY DATE