delegates assembly agenda - prairiecat · the delegates assembly met on wednesday, october 25, ......
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PrairieCat Delegates Assembly January 31, 2018
10:00 a.m. – 3:00 p.m. Kishwaukee College Conference Center
21193 Malta Rd, Malta, IL Agenda
The Delegates Assembly will meet on Wednesday, January 31, 10 a.m. – 3:00 p.m. at Kishwaukee College Conference Center, Malta, IL. The meeting will also be available via GoTo meeting software.
Delegates may also attend and vote via GoTo although we strongly encourage attendance in person if possible. According to the PrairieCat bylaws we must have a quorum of delegates in person at Malta to be able to vote on issues. Also, Delegates Assembly participation is required of all Fully Participating
and Basic Online libraries and the four Union List reps. As always, please remember that only officially designated Delegates or their Alternates can vote on behalf of their library. Walk-in substitutes will not
be permitted to vote, and there are no proxy votes if a delegate is not present. There is a link in the GoTo meeting event in L2 to register
for the meeting to participate via GoTo. I. Call to order and welcome
II. Introductions and welcome new delegates or alternatesIII. Introduction of GuestsIV. Review of agenda for additions/changesV. Public Comments at Malta or via GoToMeeting
VI. Consent Agendaa. Approve minutes for October 25, 2017 PrairieCat Delegates Assembly meeting (pp. 2-8)b. Central Site report including financial and statistical reports (pp. 9-13)
VII. Administrative Council Reporta. Finance Committee Report – Report from 1/30/2018b. Resource Sharing Committee Report – Report from 10/25/2017c. Sustainability Committee – No Reportd. Social media report (Elizabeth Smith)e. PrairieCat Membership Update
i. Update on libraries being added or moving up, Departing members (JudyHutchinson)
f. FY19 Budget and fee recommendations, Discussion and approval (pp.14-18)g. Discussion and approval, LIMRiCC membership IGA (pp. 19-60)h. Discussion and approval, IC-MARC 401(a) Administrative Services Agreement,
Resolution and Adoption Agreement (pp.61-72)i. Discussion and approval, FY19 RAILs/PrairieCat IGA for services (pp. 73-86)j. Discussion and approval, RAILS/PrairieCat IGA for staff separation (pp. 87-90)k. Review of Sexual Harassment resolution (adopted by the Administrative Council
1/5/2018) (pp. 91-96)l. Overview of PrairieCat procedures and new circulation policy regarding
PII (Personally Identifiable Information) in patron recordsVIII. Review of meeting – What worked, what didn’t
IX. Public Comments at Malta or via phoneX. Next regularly scheduled meeting, April 25, 2018, Kishwaukee College, Malta, IL
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PrairieCat Delegates Assembly
October 25, 2017 10:00 a.m. – 3:00 p.m.
Kishwaukee College Conference Center 21193 Malta Rd, Malta, IL
Minutes The Delegates Assembly met on Wednesday, October 25, 10 a.m. – 3:00 p.m. at Kishwaukee College
Conference Center, Malta, IL. The meeting was also available via GoTo meeting software. Delegates
may also attend and vote via GoTo although we strongly encourage attendance in person if possible.
According to the PrairieCat bylaws we must have a quorum of delegates in person at Malta to be able
to vote on issues. Also, Delegates Assembly participation is required of all Fully Participating and Basic
Online libraries and the four Union List reps. As always, please remember that only officially
designated Delegates or their Alternates can vote on behalf of their library. Walk-in substitutes will not
be permitted to vote, and there are no proxy votes if a delegate is not present.
There is a link in the GoTo meeting event in L2 to register
for the meeting to participate via GoTo.
I. Call to order and welcome
Present in Malta: Andrew Allen, Nancy Ashbrook, Richard Ashley, Jennifer Barton,
Natalie Bazan, Leah Bill, Victoria Blackmer,Noreen Bormet, Leann Bredberg, Deirdre
Brennan (RAILS), Penny Bryant, Jesse Butz, Angela Campbell, Rebekah Clark, Mary
Cheatwood, Carolyn Coulter (RAILS/ PrairieCat), Barb Coward, Tami Cox, Rici Dale,
Doreen Dalman, Molly DeBernardi, Dixie DeBord, Andrew Dettman, Carole Dickerson,
Ellen Finfrock, Jolene Franciskovich, Rose Gilman, Debbie Griggs, Sue Hebel, Andrew
Hettinger, Ashley Hopper, Deanna Howard Judy Hutchinson (RAILS/ PrairieCat), Ann
Marie Jinkins, Emily Klonicki, Joanna Kluever, Melissa Landis, Bryon Lear, Jamie
Lockwood, Karen Lonergan, Susanna Ludwig, Kimberly Martin, Lori Matlack, Sara
McCambridge, Kelly McCully, Carol McSweeney, Maria Meachum, Pennie Miller,
Jacqueline Peterson, Jeffrey Munson, Beatrice O'Connell, Lauren Offerman, Cathy
Palmer, Nichole Phillips, Emily Porter, Rylie Roubal, Charm Ruhnke, Kristi Scherer,
Linda Schreiber, Michael Skwara, Anne Slaughter (RAILS), Sheree Kozel-La Ha,
Elizabeth Smith (RAILS/ PrairieCat), Patti Smith, Cristy Stupegia, Jeff Sullivan (RAILS/
PrairieCat), Denise Tollensdorf, Julie Wayland, Barb White, Peggy Wogen, Paula Wold,
Lauree Zielezinski
Present via GoToMeeting: Jessica Arnold, Cindy Bahr, Magda Bonny (RAILS/
PrairieCat), Annette Davis, Jodie DePatis, Britni Hartman, April Hoste, Anne Hutchison,
Jason Jensen, Jay Kalman, Kacy Kelly (RAILS/ PrairieCat), Renee Kozeal, Michell
Krooswyk, Cynthia Maxwell, Lynne Noffke, Kim Scace, John Slanicky (RAILS/
PrairieCat), Elizabeth Swatos, Beth Tepen, Don Thorsen, Amy Walsh, Connie Beetz
Libraries represented: Andalusia TL, Bertolet ML, Bourbonnais PL, Bradley PL
(GoToMeeting), Byron PLD, Clinton Township PLD, Coal City PL, Colona PL
(GoToMeeting), Community Unit SD #2, Cordova PL, Cortland Community Library,
Creston-Dement PL, DeKalb PL, Earlville PL, East Dubuque DL (GoToMeeting), East
Moline PL, Ella Johnson ML, Forreston PL (UL rep) (GoToMeeting), Fossil Ridge PL,
Franklin Grove PLD, Freeport PLD, Galena PLD, Genoa PLD, Graves-Hume PL
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(GoToMeeting), Hanover TL, Henry C Adams ML (GoToMeeting), Highland Community
College, Hinckley PLD, Homer Township Public Library, Joliet HS District #204
(GoToMeeting), Julia Hull PL, Kankakee Public Library, LaSalle PL, Limestone PL, Malta
PL, Manhattan PL, Manteno PL, Maple Park PL, Meridian Schools, Mokena PL, Moline PL,
Morris Area PL, Mount Morris PL, New Lenox PL (GoToMeeting), Odell PL, Oglesby PL,
Oregon PL, Pearl City PL, Pecatonica PL, Peotone PL, Peru PL, Plano Community PL,
Plano CUSD#88 (GoToMeeting), Polo PLD, Princeton PL, Princeton Twp HS
(GoToMeeting), Putnam County Schools (GoToMeeting), Putnam County PL
(GoToMeeting), Reddick PL, Richard A Mautino, River Valley DL, Robert R. Jones DL,
Robert W. Rowe PL, Rochelle Twp High School (UL rep), Rock Island PL, Rockridge
High School (UL rep), Sandwich PLD, Schmaling ML (GoToMeeting), Silvis PL, Stockton
PL (GoToMeeting), South Beloit PL, Streator PL (GoToMeeting), Sycamore PL, Three
Rivers PL, United Township HS (GoToMeeting), Western Dist PL (GoToMeeting),
Wilmington PL, Yorkville PL
Libraries not represented: Charles B. Phillips PL, Elizabeth TL, Freeport PLD, Erie PL,
Flagg-Rochelle PLD, Geneseo PL, Grant Park PL, Lena CL, Moline High School (UL rep),
Prophetstown-Lyndon-Tampico SD, Seneca PL, Sherrard PLD, Somonauk PL, Walnut PL
Porter (Chair-BY) started the meeting at 10:00 am. Coulter (RAILS/PrairieCat)
welcomed everyone.
II. Introductions and welcome new delegates or alternates
There were no new delegates or alternates.
III. Introduction of Guests
Coulter (RAILS/ PrairieCat) welcomed guests Deirdre Brennan (RAILS Executive
Director), Anne Slaughter (RAILS Director of Technology Services), and Veronda
Pitchford (RAILS Director of Membership Development and Resource Sharing).
IV. Review of agenda for additions/changes
There were no revisions.
V. Public Comments at Malta or via GoToMeeting
There were no public comments.
VI. Consent Agenda
a. Approve minutes for July 26, 2017 PrairieCat Delegates Assembly meeting
(pp. 2-11)
b. Central Site report including financial and statistical reports (pp. 12-16)
Motion #1: Meachum (WL) moved and Ruhnke (PU) seconded to approve the
consent agenda as presented. There was no discussion on the motion.
Motion carries on a roll call.
Ayes: 73
Nays: 0
Abstentions: 0
Notes: Bradley PLD, East Dubuque DL, Forreston PL (UL rep), Pearl City PLD,
Sandwich Public Library District
VII. Administrative Council Report
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a. Finance Committee Report – Report from meeting 9/21/2017
Skwara (HC) reported the Finance Committee worked to put together a budget that
was equitable and sustainable. The committee also formed a recommendation
based on the information that they had at the item. The committee received more
final numbers concerning health insurance and RAILS funding, which turned out to
be positive.
b. Resource Sharing Committee Report – No Report
c. Sustainability Committee – No Report
d. Social media report (Elizabeth Smith)
Smith (RAILS/ PrairieCat) reported social media continues to grow or remain
steady. The PING! newsletter has 262 subscribers with about a 50% open rate.
Facebook has 126 likes with the average post reach at 250, which is a big jump
because of some member related posts. Twitter followers are at 43 with more than
1280 impressions for October.
e. PrairieCat Membership Update
i. Update on libraries being added or moving up, Departing members (Judy
Hutchinson)
Hutchinson (RAILS/ PrairieCat) reported she is visiting Marseilles PL tomorrow
for the first ILL training and Marseilles will begin lending in November. The
Marseilles PL will be operating as a Union List member while they continue to
add their collection. Once Marseilles has 25% of their collection in the system,
they will begin lending.
Johnsburg PL goes live December 2017 and Warren Township PL goes live in
January 2018.
ii. PUG Day Review (Judy Hutchinson, Elizabeth Smith) (p. 17)
Hutchinson (RAILS/ PrairieCat) reported we had a very successful PUG Day
with 232 attendees with more than 40% of membership attending. There were
nine libraries that closed to use the day as a staff in-service. If you are
interested in serving on the PUG Day Planning Committee please contact Liz
Smith or Judy Hutchinson.
iii. Discussion of Call Number Standardization project (Judy Hutchinson)
Hutchinson (RAILS/ PrairieCat) reported the call number standardization
project will be an important topic for the Member Updates, which are the week
of November 6. This is one of the last projects from the original migration.
When PrairieCat was first set up we only had one table so searching and using
reports related to call numbers was not very useful. Innovative has now set up
three statistical tables. At the Member Updates, PrairieCat staff will show what
cleanup needs to be done related to the call numbers. After cleaning up the
Princeton PL call numbers, the reports are much cleaner and easier to use. It
will be very helpful for all members to make some changes on how items are
entered going forward for the standardization of call numbers. The handout of
the list of approved call numbers will be shared at the Member Updates.
f. Consortium Committee discussion and RAILS strategic directions for LLSAPs
(Deirdre Brennan, Anne Slaughter, RAILS)
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Brennan, RAILS Executive Director, shared Illinois has a budget this year so this is
great news for RAILS and the rest of the state. This helps with strategic directions.
We also have a supportive Secretary of State who is going to run again for election
and have already started on the FY19 budget.
Brennan (RAILS) said the big picture here is that the state budget is unpredictable.
At this point, RAILS has not received all of the FY17 funding so cash flow is
unpredictable. In light of this, RAILS decided they needed to consider how to
manage the funding to the LLSAPs. The main concern is that the LLSAPs continue
to grow and remain stable financially. However, with the unpredictable nature of
the budget it was time for RAILS to plan for a situation where the state funding
would diminish. At that point, RAILS put together the Consortial Model Working
Group to discuss how the consortia could work toward greater independence from
RAILS and stability in funding. So at this point RAILS is working with the LLSAP
directors to develop a contingency plan so the LLSAPs are working towards
independence so that if something does happen the LLSAPs will be stable.
Brennan (RAILS) added an important thing to remember is that RAILS serves all
types of libraries and tries to serve these libraries to the best of RAILS’ ability. The
RAILS board is also very committed to being financially prudent. Unpredictability
requires a lot of planning.
Slaughter (RAILS) said PrairieCat was already on that path toward sustainability.
RAILS will continue to have a close working relationship with PrairieCat as things
move forward. RAILS is working on a process to develop how the funding will be
delivered. Brennan said RAILS expects to be supporting the LLSAPs, but
contingency plans are important.
Coulter (RAILS/ PrairieCat) said she appreciate RAILS staff for speaking on this.
There are several in kind services RAILS will continue doing after staffing
independence such as housing, IT, accounting, and more. PrairieCat appreciates
the services RAILS provides.
Brennan (RAILS) said delivery continues and is a priority for RAILS. The delivery
department is working with a specialist to streamline the Delivery process to make
it more efficient. Offerman (TC) said if the expert finds a way to be more efficient,
is it possible that multi-branch locations will have delivery service restored.
Brennan said yes, that is a possibility.
g. Review of budget and fee recommendations for FY19 (pp. 18-23)
Coulter (RAILS/ PrairieCat) said this is the initial draft of the budget that the
Finance Committee and the Administrative Council have worked on. There is a
memo in the packet that explains some details. Coulter said this has been a
challenging process because it has been planning with incomplete information.
During the planning process, PrairieCat learned that RAILS is going to level fund us
and PrairieCat can join LIMRiCC for staff health insurance. LIMRiCC is more
affordable and is what RAILS provides, which helps with the staff transition.
Originally, PrairieCat was told we could not join LIMRiCC, but then after further
investigation we learned we could join.
On page 19 of the packet titled PC Budget scenarios titled 5 years shows various
budget scenarios and cost increases. The scenario FY19 No Independence, 0 Cap
Reserves shows the increase would be 5.8% would be regardless of independence
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due to the Innovative contract and other costs. The scenario FY19, Independence,
0 Cap Reserves results in 7.07% average fee increase. The committee ran some
scenarios with variations in capital reserves. Ultimately, the committee decided it
was best not to do anything with capital reserves in FY19, but to make a
commitment to contribute to capital reserves in the following fiscal years. The
other budget projections are drafts and the basic costs of operating the consortium
with staff and the contract commitments; it does not include any other costs.
The Appendix A Comparison FY14 to FY19 on page 23 shows that some members
are paying less in FY19 than in FY14. It depends on several factors including QC8
libraries. Each fiscal year from FY14-FY18 shows the services that were added to
the budget and the associated costs. Coulter (RAILS/ PrairieCat) thinks this FY19
budget is close to being the budget that will be recommended by the
Administrative Council in early 2018. Coulter thanked the Finance Committee and
the Administrative Council for their work.
h. Review and approval, PrairieCat Strategic Plan 2017-2021 (pp. 24-35)
Coulter (RAILS/ PrairieCat) said she is happy with the strategic plan and there are
several supporting documents such as the activity plan and dashboard to track
progress.
Motion #2: Ludwig (GA) moved and Munson (FG) seconded to approve the
FY18-FY22 Strategic Plan as presented. There was no discussion on the
motion. Motion carries on a roll call.
Ayes: 77
Nays: 0
Abstentions: 0
Notes: Sandwich Public Library District
i. FY17 Audit report (audit documentation can be found here: https://support.prairiecat.info/sites/default/files/gov/finance/PrairieCat%20617%20AFR.PDF) Coulter (RAILS/ PrairieCat) reported PrairieCat has a clean audit. The
Administrative Council accepted the audit, and PrairieCat received the highest
opinion we could we receive. We were within $1,000 of the projected budget.
Coulter thanked the RAILS accounting department for the hard work.
j. Brief Overview and Demonstration: Biblioboard (RAILS Staff)
Pitchford is the Director of Membership Development and Resource Sharing at
RAILS. She shared about the benefits of the Biblioboard collection, which is a
library of e-books on the BiblioBoard platform that is available to any Illinois
resident. This collection is geo located so users do not have to log in; this is an
opportunity to bring new users to the library. The collection has simultaneous use
so there are no holds! You can access it on the web and through the mobile app.
Pitchford will focus on how schools can use this content and how public libraries
can partner with schools. For academics, it would be great for leisure reading.
Pitchford showed a demo of how to use Biblioboard; there are several different
collections. RAILS is collaborating with different agencies to curate different
content; they get a rotating collection. There is an Eric Carle and Nature from the
Chicago Children’s Museum for example. Each anthology has a collection of books.
View details just gives you a summary. Then you can select the book you want to
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open. Sometimes it will prompt you to create a sign in or continue as a guest. A
user does not need to be affiliated with a library, they just need an email to create
a login then they can use the title out of state and you can customize your account
from there.
Pitchford (RAILS) said she is working with Bibliolabs and RAILS to develop more
marketing content.
There are some great leisure collection such as simultaneous use romance
collection, which would be great for public. Meachum (WL) asked if there is a
reporting module to see if their patrons are using it. Pitchford (RAILS) said that is
something they are working on; right now, the reporting is by city. They are
working on adding that by library districts and school districts. This cannot be a
part of IPLAR statistics.
Pitchford (RAILS) said the Popup Picks collection changes every three months.
There is a collection called Recovering Classics that is permanent. The covers are
available on RAILS and can be used by libraries and on social media.
Biblioboard does have other platforms, for example Selfie, which can be used by
local authors to publish and circulate their collection. Pitchford (RAILS) said
through vendor discounts at RAILS libraries can get better pricing. For people who
are doing genealogy and recipes in the community, Selfie can be a great platform.
The local movement is strong so pushing to read local and live local is a great way
to reach people. Any type of media can be on Selfie such as interviews, music etc.
Pitchford (RAILS) said Biblioboard is there to help supplement what the library is
already doing. The schools can access this on their own, but the goal is to help this
improve the relationship between schools and publics.
Campbell (RP) said one of the partnerships Rock Island PL created was with the
local NPR station - Read, Write project. There is a gap for local authors and
libraries are the home for them. Self-published content is exploding on the ebook
platform. This is a method for libraries to help fill that gap.
Pitchford (RAILS) said she has a handout of basic instructions to give to PrairieCat
staff, but should not be sent out as a marketing piece. Walsh asked if this can be
added as a banner to our library Encore pages. Coulter said it is an option for
libraries on the Encore splash pages. Pitchford said she is working with Biblioboard
to develop more marketing materials for online/websites too. Wayland (PR) said
she liked the ALA Library Transform campaign where you can just go to the
website and download banners, handouts, posters etc. Porter (BY) added if you
have book clubs whether at the library or through the community, this a great
resource.
Pitchford (RAILS) said another benefit of the Biblioboard platform is reaching the
unserved. Since it uses geo location, it is an opportunity to introduce some basic
library services to those people. RAILS is working further on this initiative.
Museum pass program – Pitchford (RAILS) said they are working on a statewide
museum pass program called Explore More Illinois. RAILS has licensed the
technology; this would be an online platform to access these passes. This project is
based on California’s museum pass program: http://discoverandgo.org/ RAILS is in
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the early stages of the project and have not engaged the museums yet. In 2018,
there will be more information about that. A patron does not have to physically go
into the library (do need a library card to access). All RAILS members will have
access. Depending on the museum and what is worked out, the patron may have
to authenticate. This will allow the museums to reach certain communities as part
of their mission. Pitchford (RAILS) is working with museums across the state, not
just in Chicago. RAILS plans to have a form on the website to submit a museum.
This is available to all RAILS members; it is not related to PrairieCat membership.
Gilman suggested incorporating museums that are free as well; perhaps there are
other types of discounts that they can provide.
If you are interested in the extra features or more information, contact Pitchford or
Amanda Musacchio. Always ask if there is a RAILS discount before purchasing
something.
VIII. Review of meeting – What worked, what didn’t
The meeting went well.
IX. Public Comments at Malta or via phone
There were no public comments
X. Next regularly scheduled meeting, January 31, 2018, Kishwaukee College, Malta, IL
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PrairieCat
Balance Sheet
As of 11/30/2017
MonthBalance End of
Assets
Cash & cash equivalents
Cash in Checking 1,088,850.68
PayPal Funds 678.51
Total Cash & cash equivalents 1,089,529.19
Accounts receivables 4,635.26
Prepaid expenses 224,358.49
Capital Assets, net
Computers 549,510.41
Accumulated Depreciation (549,510.41)
Total Capital Assets, net 0.00
Total Assets 1,318,522.94
Liabilities
eCommerce Receipts Payable 10,335.70
Deferred revenue 99,908.84
Total Liabilities 110,244.54
Net Assets
Beginning Net Assets 1,194,667.94
Current YTD Net Income 13,610.46
Total Net Assets 1,208,278.40
Total Liabilities and Net Assets 1,318,522.94
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PrairieCat
Statement of Revenues and Expenses - FY18 is 41.67% Completed
From 11/1/2017 Through 11/30/2017
Current Month YTD Actual OriginalYTD Budget -
YTD BudgetPercent of
OriginalTotal Budget -
Annual BudgetPercent of
REVENUES
Fees for Services and Materials
Union List Member Revenue
2,193.75 11,137.50 10,690.00 104.18% 25,650.00 43.42%
Fully Participating and Basic Online Member Revenue
64,077.71 317,244.18 320,389.00 99.01% 768,932.00 41.25%
ILL Barcode Revenue 1,300.00 4,100.00 3,125.00 131.20% 7,500.00 54.66%
Cataloging Revenue 0.00 0.00 210.00 0.00% 500.00 0.00%
Fully Participating & Basic Online - CR Contribution
3,454.17 17,145.86 17,270.00 99.28% 41,450.00 41.36%
Union List - CR Contribution
552.50 9,805.00 2,690.00 364.49% 6,460.00 151.78%
Total Fees for Services and Materials
71,578.13 359,432.54 354,374.00 101.43% 850,492.00 42.26%
Reimbursements
Reimbursements 253.50 7,742.50 625.00 1,238.80% 1,500.00 516.16%
Reimbursements - Hosting Fee
2,072.50 10,287.50 10,365.00 99.25% 24,870.00 41.36%
Reimbursements - eRead Illinois
0.00 0.00 18,750.00 0.00% 45,000.00 0.00%
Reimbursements - PUG Day/DA Fees
1,062.52 5,837.14 5,315.00 109.82% 12,750.00 45.78%
Total Reimbursements 3,388.52 23,867.14 35,055.00 68.08% 84,120.00 28.37%
Investment Income 226.48 1,095.58 1,040.00 105.34% 2,500.00 43.82%
Other
Other Grants 0.00 3,000.00 0.00 0.00% 0.00 0.00%
Other Revenue 0.00 31.82 415.00 7.66% 1,000.00 3.18%
Total Other 0.00 3,031.82 415.00 730.56% 1,000.00 303.18%
Total REVENUES 75,193.13 387,427.08 390,884.00 99.12% 938,112.00 41.30%
EXPENSES
Library Materials
E-Resources-eRead Illinois 0.00 0.00 18,750.00 0.00% 45,000.00 0.00%
Total Library Materials 0.00 0.00 18,750.00 0.00% 45,000.00 0.00%
Buildings and Grounds
Property Insurance 93.92 469.60 500.00 93.92% 1,200.00 39.13%
Total Buildings and Grounds 93.92 469.60 500.00 93.92% 1,200.00 39.13%
Travel and Continuing Education
In-State Travel 0.00 0.00 415.00 0.00% 1,000.00 0.00%
Out-Of-State Travel 0.00 0.00 2,085.00 0.00% 5,000.00 0.00%
Registrations And Meeting, Other Fees
1,260.67 2,876.69 3,750.00 76.71% 9,000.00 31.96%
Conferences And Continuing Education Meetings
9,649.64 11,898.94 3,855.00 308.66% 9,250.00 128.63%
Public Relations 0.00 626.53 210.00 298.34% 500.00 125.30%
Total Travel and Continuing Education
10,910.31 15,402.16 10,315.00 149.32% 24,750.00 62.23%
Commercial Insurance 422.17 1,777.49 2,290.00 77.61% 5,500.00 32.31%
10
PrairieCat
Statement of Revenues and Expenses - FY18 is 41.67% Completed
From 11/1/2017 Through 11/30/2017
Current Month YTD Actual OriginalYTD Budget -
YTD BudgetPercent of
OriginalTotal Budget -
Annual BudgetPercent of
Supplies, Postage and Printing
Computers, Software And Supplies
126.06 5,361.42 835.00 642.08% 2,000.00 268.07%
General Office Supplies And Equipment
0.00 2,452.86 0.00 0.00% 0.00 0.00%
Total Supplies, Postage and Printing
126.06 7,814.28 835.00 935.84% 2,000.00 390.71%
Equipment Repair and Maintenance
Equipment Repair And Maintenance Agreements
0.00 0.00 415.00 0.00% 1,000.00 0.00%
Total Equipment Repair and Maintenance
0.00 0.00 415.00 0.00% 1,000.00 0.00%
Professional Services
Legal 0.00 143.50 1,250.00 11.48% 3,000.00 4.78%
Accounting 4,430.00 4,430.00 2,085.00 212.47% 5,000.00 88.60%
Consulting 105.00 8,705.00 2,085.00 417.50% 5,000.00 174.10%
Total Professional Services 4,535.00 13,278.50 5,420.00 244.99% 13,000.00 102.14%
Contractual Services
Information Service Costs 29,407.76 154,525.77 165,510.00 93.36% 397,221.00 38.90%
Contract Agreements w/ Systems, Member Libraries Other Coops
35,582.56 177,912.80 177,914.00 99.99% 426,991.00 41.66%
Other Contractual Services
0.00 0.00 19,165.00 0.00% 46,000.00 0.00%
Total Contractual Services 64,990.32 332,438.57 362,589.00 91.68% 870,212.00 38.20%
Professional Association Membership Dues
100.00 141.46 65.00 217.63% 150.00 94.30%
Miscellaneous 53.00 315.00 415.00 75.90% 1,000.00 31.50%
Miscellaneous - eCommerce Fees
324.02 2,179.56 2,085.00 104.53% 5,000.00 43.59%
Total EXPENSES 81,554.80 373,816.62 403,679.00 92.60% 968,812.00 38.59%
EXCESS (DEFICIENCY) OF REVENUES OVER EXPENSES
(6,361.67) 13,610.46 (12,795.00) (106.37)% (30,700.00) (44.33)%
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Beginning Cash Balance 1,090,623.27$
Cash Received Payments from Member Libraries, etc. 12,778.61 Interest - BankORION 226.48 eCommerce Receipts Payable 4,904.41
Total Cash Received 17,909.50
Expenses PaidChecks 17,904.98 ACH Credit Card Payments 1,400.09 Miscellaneous (Lockbox & Misc. Bank Fees, eCommerce Fees, etc.) 377.02
Total Disbursements 19,682.09
Ending Cash Balance 1,088,850.68$
CASH DETAILS:
Member Library Deposit Accounts/Prepayments -$
eCommerce Cash Receipts Payable 9,657.19
Capital Reserve Designation 351,890.75
Working Cash 727,302.74
TOTAL CASH 1,088,850.68$
PAYPAL FUNDS DETAILS:
November PayPal Receipts in Transit to Bank $678.51
Unrestricted Fund Balance as of November 2017 $1,208,278.40
FY18 operating expenses excluding planned capital reserve designation: 999,512.00$ Working Cash % of operating expenses: 72.77%
PRAIRIECAT
CASH REPORT
FOR THE PERIOD ENDING November 30, 2017
12
PrairieCat FY2018
Statistical Summary
1st Qtr
FY18
1st Qtr
FY17
% of
change Oct 2017 Oct 2016 Nov 2017 Nov 2016 Dec 2017 Dec 2016
2nd Qtr
FY18
2nd Qtr
FY17
% of
change
FY18 Totals
to date
FY17
Totals
FY16
Totals
% of
change
General
Bibliographic records 1,043,376 1,059,237 -1.50% 1,034,751 1,056,801 1,034,320 1,057,038 1,033,453 1,057,645 1,033,453 1,057,645 -2.29% 1,033,453 1,058,857 1,072,798 -1.30%
Item records 4,455,805 4,507,052 -1.14% 4,450,195 4,489,479 4,449,462 4,489,418 4,447,026 4,493,015 4,447,026 4,493,015 -1.02% 4,447,026 4,487,176 4,546,168 -1.30%
Patron records 364,347 376,919 -3.34% 366,471 383,241 374,774 384,895 376,167 385,579 376,167 385,579 -2.44% 376,167 372,793 372,556 0.06%
Total circulation 1,330,961 1,373,476 -3.10% 438,270 438,762 412,167 419,637 348,797 374,661 1,199,234 1,233,060 -2.74% 2,530,195 5,273,845 4,725,444 11.61%
ILL transactions on LLSAP 159,067 159,650 -0.37% 55,179 52,051 54,647 47,435 43,960 45,786 153,786 145,272 5.86% 312,853 628,963 548,799 14.61%
Reciprocal borrowing 196,494 198,501 -1.01% 64,879 67,428 59,076 63,836 51,099 55,529 175,054 186,793 -6.28% 371,548 776,272 536,675 44.64%
Training, Outreach and Engagement
Training events 34 28 21.43% 14 9 13 11 12 5 39 25 56.00% 73 110 130 -15.38%
Training participants 400 279 43.37% 74 35 69 37 50 14 193 86 124.42% 593 588 634 -7.26%
Training contact hours 1,737 1,467 18.41% 181 122 157 120 105 28 442 270 63.70% 2,179 2,197 1,673 31.29%
Site visits 17 18 -5.56% 4 20 11 22 3 10 18 52 -65.38% 35 105 53 98.11%
Member Meetings/Events 12 13 -7.69% 6 4 11 6 2 3 19 13 46.15% 31 59 41 43.90%
Meeting/Event participants 222 195 13.85% 150 105 147 125 25 25 322 255 26.27% 544 1,026 634 61.83%
Meeting/Event contact hours 413 348 18.71% 262 350 296 183 45 70 603 602 0.04% 1,015 2,210 1,673 32.11%
Troubleshooting
HelpDesk Calls Opened 676 370 82.70% 223 172 227 156 210 120 660 448 47.32% 1,336 1,983 1,155 71.69%
HelpDesk Calls Closed 640 398 60.80% 300 164 214 149 203 134 717 447 60.40% 1,357 2,025 1,100 84.09%
Database Enrichment
Bibload records loaded - PC staff 4,583 4,869 -5.87% 2,468 2,395 2,173 2,036 1,377 1,513 6,018 5,944 1.24% 10,601 22,051 26,118 -15.57%
Bibload records loaded - MARC catalogers 2,495 2,695 -7.42% 1,591 1,977 1,313 1,740 848 1,669 3,752 5,386 -30.34% 6,247 17,083 6,998 144.11%
Cleanup/overlays/merges - PC staff 16,105 7,667 110.06% 285 1,023 857 228 279 319 1,421 1,570 -9.49% 17,526 13,236 11,903 11.20%
Cleanup/overlays/merges - MARC
catalogers 4,301 7,102 -39.44% 947 629 491 816 1,721 404 3,159 1,849 70.85% 7,460 13,230 5,966 121.76%
Enhancements/corrections - PC staff 78 54 44.44% 43 36 25 - 23 82 91 118 -22.88% 169 303 289 4.84%
Enhancements/corrections - MARC
catalogers 28 47 -40.43% 3 12 46 27 9 9 58 48 20.83% 86 157 60 161.67%
Authority records created/loaded - - #DIV/0! - - - - - - - - #DIV/0! - - 56,172 -100.00%
Authority records removed - - #DIV/0! - - - - - - - - #DIV/0! - - 977,254 -100.00%
Original catalogings - PC staff 97 60 61.67% 56 26 39 28 29 80 124 134 -7.46% 221 445 391 13.81%
Original catalogings - MARC catalogers 19 24 -20.83% 4 3 6 4 3 8 13 15 -13.33% 32 108 73 47.95%
Serial records created - - #DIV/0! - - - - - - - - #DIV/0! - - - #DIV/0!
Special projects (ICode1 conversion,
Reclamation, etc) 377,130 224,227 68.19% 248,839 479,620 17,728 795,236 81,173 60,338 347,740 1,335,194 -73.96% 724,870 1,920,321 1,037,486 85.09%
Special projects (ICode1 conversion,
Reclamation, etc) - MARC catalogers - - #DIV/0! - 68 - - - - - 68 -100.00% - 68 377 -81.96%
To see the full statistical spreadsheet, visit: https://support.prairiecat.info/sites/default/files/FY2017%20PC%20Statistics.pdf
13
Memo: PrairieCat FY19 Draft Budget
To: PrairieCat Delegates Assembly
From: Carolyn Coulter, PrairieCat Director
Date: January 31, 2017
More than two years ago, the Administrative Council began working toward staffing independence from RAILS as a move toward further sustainability for PrairieCat. By removing staff from RAILS and placing them directly under the direction of the PrairieCat Administrative Council, PrairieCat becomes more independent and thus less reliant on state funding should emergency arise. Staffing independence also gives PrairieCat members more control over the direction of their organization, and much more control over its administration. The Administrative Council and the Finance Committee have been working hard toward a budget for FY19 that will provide for this independence. In doing so, they have been very mindful of cost increases and tried to minimize impact on member budgets.
Even without staffing independence, members would realize a 5.85% increase in fees due to the Innovative contract as well as general cost increases. Using that as a benchmark, the Council and Finance committee began to build a budget incorporating independence costs.
PrairieCat was fortunate that LIMRiCC agreed to allow our membership for FY19. We were also fortunate that RAILS was able to level fund us from FY18. With these savings in place, we were able to minimize the costs to move to independence at an aggregate of 7.52% fee increase to members. In order to level the impact of increases between larger and smaller libraries, it was decided to increase the per library fee from $2,800 (FP) and $2,000 (BO) to $3,000 (FP) and $2,100 (BO). Hosting fees were also increased from $300 (FP) and $210 (BO) to $400 (FP) and $280 (BO) in order to move closer to gradually absorbing those costs. This solution moves PrairieCat to staffing independence and does not borrow or contribute to capital reserves. Of course, as with all budgets there can be unforseen changes, but it is hoped that the costs will remain stable and this percentile of increase will not change appreciably as we move forward.
Attached below are two documents: the first is a proposed budget extending to FY22. Cost increases for contracted services (such as the MyLibrary Mobile App and Mobile Worklists) are included in projections for FY20 and beyond, however this does not account for any other projects that the Assembly may decide to undertake in those years or that may be required due to operational requirements. It should also be noted that a return to capital reserves savings is planned in FY20 and beyond.
The second document is the Appendix A for FY19, which reflects staffing independence as described above, and shows the individual library impact as well as the aggregate cost increases discussed.
14
PC budget scenarios five years 20171214
FY18 FY19 FY20 FY21 FY22
Final Independence Indepdendence Independence Independence
Budget W/ 2% increase W/ 2% Increase W/ 2% increase W/ 2% increase
0 Cap Reserve 25K Reserves 25K Reserves 25K Reserves
REVENUES
4062 Union List Member Revenue $25,650 $24,975.00 $24,975.00 $24,975.00 $24,975.00
4063 Fully Participating & Basic Online Member Revenue $768,932 $830,455.78 $910,894.92 $999,305.88 $1,022,688.84
4064 ILL Barcode Revenue $7,500 $7,000.00 $7,000.00 $7,000.00 $7,000.00
4065 Cataloging Revenue $500 $500.00 $500.00 $500.00 $500.00
4067 Fully Participating & Basic Online - CR Contribution $41,450 $42,150.00 $42,150.00 $42,150.00 $42,150.00
4068 Union List - CR Contribution $6,460 $6,290.00 $6,290.00 $6,290.00 $6,290.00
4070 Reimbursements $1,500 $1,500.00 $1,500.00 $1,500.00 $1,500.00
reimburse for express lane and marc
report
4071 Reimbursements - Hosting fee $24,870 $33,720.00 $35,330.00 $37,096.50 $38,951.33
4073 Reimbursements - PUG Day/DA Fee $12,750 $16,000 $16,000 $16,560 $16,891 $6,000 DA; $10,000 PUG Day
4080 Investment Income $2,500 $2,500.00 $2,500.00 $2,500.00 $2,500.00
4090 Other Revenue $1,000 $1,000.00 $1,000.00 $1,000.00 $1,000.00
Revenue from RAILS (FY19 Award) $0 $588,542.00 $588,542.00 $588,542.00 $588,542.00
TOTAL REVENUE $893,112 $1,554,632.78 $1,636,681.92 $1,727,419.38 $1,752,988.37
EXPENDITURES
Salaries and Wages, ALL professionals $0.00 $719,888.91 $734,286.69 $748,972.42 $763,951.87
Part Time on-boarding hours $0.00 $22,704.24 $0.00 $0.00 $0.00
$49.79/hour, 19 hours/week, 24
weeks to onboard new staff
Payroll taxes, SS taxes, fringe benefits $0.00 $61,891.67 $63,129.50 $64,392.09 $65,679.94
includes wellness ($1,500),
Retirement gifts ($500) and tutition
reimbursement ($1,000), Professional
memberships ($2,000)
Unemployment Insurance $0.00 $8,500.00 $8,500.00 $8,500.00 $8,500.00
Adding funds to cover RAILS
underage, FY17
Worker's Compensation insurance $0.00 $1,442.00 $1,442.00 $1,442.00 $1,442.00
Retirement benefits $0.00 $71,988.89 $73,428.67 $74,897.24 $76,395.19 10% employer contribution
Health, Dental, Life $0.00 $115,882.07 $121,676.17 $127,759.98 $134,147.98
LIMRiCC numbers from RAILS FY18
(106301)+HRA/FSA (2K)
5160 Property Insurance $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 Inland Marine Insurance ($1,127.00)
5250 In-State Travel $1,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00
5260 Out-of-State Travel $5,000.00 $15,500.00 $15,500.00 $15,500.00 $15,500.00
5270 Registration & Meetings, Other Fees $9,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00
DA ($6,000), AC ($2,000), Staff
conference ($2,000) and training
registration ($5,000)
5280 Conferences and Continuing Education Meetings $9,250.00 $12,000.00 $12,420.00 $12,854.70 $13,304.61 PUG ($10,000), other committee meetings
5290 Public relations $500.00 $500.00 $500.00 $500.00 $500.00
5300 Liability Insurance $5,500.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00
D and O: $3,227; Cyber: $839.00; General
Liability: $500, Auto: $1,000
5310 Computer, Software & Supplies $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00
5400 Equipment Repair & Maintenance Agreements $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00
5410 Legal $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00
5420 Accounting $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Audit contract
1/12/2018 15
PC budget scenarios five years 20171214
FY18 FY19 FY20 FY21 FY22
Final Independence Indepdendence Independence Independence
Budget W/ 2% increase W/ 2% Increase W/ 2% increase W/ 2% increase
5430 Consulting $5,000.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00
potentially needed for
market/branding planning
5450 Information Service Costs $397,221.00 $418,460.00 $473,293.89 $489,620.94 $505,557.78
Innovative software maintenance,
enriched content, MARCIVE, Novelist,
OCLC fees.
5460 Contractual Agreements w/Systems, Member Libraries & Other Cooperatives $426,991.00 $0.00 $0.00 $0.00 $0.00
Contract with RAILS for services .
Includes staff costs in FY18. After
FY19, excludes staff. Includes:
facilities, IT/datacenter, vehicle use,
telephone and telecom, finance dept
5470 Outside Printing services $0.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00
5480 Other Contractual Services $46,000.00 $53,175.00 $54,805.00 $105,280.00 $90,309.00
hosting, other contracts (1K), paycom
costs ($5,600)
5500 Professional Association Membership Dues $150.00 $500.00 $500.00 $500.00 $500.00 IUG, WIIUG, Mgmt assoc
5510 Miscellaneous $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00
5520 Miscellaneous - E-Commerce Fees $5,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00
TOTAL EXPENDITURES $923,812.00 $1,554,632.78 $1,611,681.92 $1,702,419.38 $1,727,988.37
Change in net position -$30,700.00 $0.00 $25,000.00 $25,000.00 $25,000.00 To Cap. Reserves
1/12/2018 16
APP A Independence 0K 20180115
Fully Participating & Basic Online Library Fees, July
2018 to June 2019 $830,456
CIRC FORMULA - balance divided by 3 $192,518.59 / 5,648,229 Circs = $0.03408
USER FORMULA - balance divided by 3 $192,518.59 / 384,438 Users = $0.50078
ITEMS FORMULA - balance divided by 3 $192,518.59 / 4,128,922 Items = $0.04663
LIBRARY FORMULA - $3000 for FP; $2100 for basic $252,900.00 / 90 Libraries $252,900.00
Capital Reserve: $500 for FP; $350 for Basic
FY18 Per Per Per Per CR DA/PUG Day Hosting Fee FY19 $ %Library total fees Circs Circ chg Users user chg Items item charge library Contribution Reimbursement total fees Inc/Dec Inc/Dec
Andalusia TL (AN) $3,515.06 5,805 $197.86 341 $170.77 13,112 $611.37 $2,100.00 $350.00 $48.49 $280.00 $3,758.49 $243.43 6.93%
Bertolet ML (BM) $3,698.68 10,908 $371.80 389 $194.80 13,005 $606.38 $2,100.00 $350.00 $53.12 $280.00 $3,956.11 $257.43 6.96%
Bourbonnais PL (BD) $13,902.24 112,217 $3,824.89 9,705 $4,860.06 45,057 $2,100.87 $3,000.00 $500.00 $283.87 $400.00 $14,969.69 $1,067.45 7.68%
Bradley PL (BR) $10,943.16 77,529 $2,642.56 5,524 $2,766.30 48,727 $2,271.99 $3,000.00 $500.00 $209.29 $400.00 $11,790.14 $846.98 7.74%
Byron PLD (BY) $11,727.57 88,852 $3,028.50 4,615 $2,311.10 67,852 $3,163.72 $3,000.00 $500.00 $228.98 $400.00 $12,632.30 $904.73 7.71%
Charles B. Phillips PL (Newark) (CP) $5,448.88 20,926 $713.26 884 $442.69 16,348 $762.26 $3,000.00 $500.00 $71.01 $400.00 $5,889.21 $440.33 8.08%
Clinton Township PLD (CT) $5,559.72 22,420 $764.18 998 $499.78 16,526 $770.56 $3,000.00 $500.00 $73.80 $400.00 $6,008.32 $448.60 8.07%
Coal City PL (CC) $14,769.00 135,129 $4,605.84 6,143 $3,076.29 86,062 $4,012.80 $3,000.00 $500.00 $305.56 $400.00 $15,900.49 $1,131.49 7.66%
Colona District Library (CL) $7,484.16 36,501 $1,244.13 3,024 $1,514.36 27,749 $1,293.85 $3,000.00 $500.00 $122.22 $400.00 $8,074.56 $590.40 7.89%
Cordova PL (CO) $5,556.54 17,395 $592.90 627 $313.99 24,094 $1,123.43 $3,000.00 $500.00 $73.68 $400.00 $6,004.00 $447.46 8.05%
Cortland PL (CN) $7,766.50 65,957 $2,248.13 1,638 $820.28 27,517 $1,283.03 $3,000.00 $500.00 $129.41 $400.00 $8,380.84 $614.34 7.91%
Creston-Dement PL (CR) $3,677.69 8,753 $298.34 325 $162.75 14,924 $695.86 $2,100.00 $350.00 $45.23 $280.00 $3,932.19 $254.50 6.92%
DeKalb PL (DK) $27,777.18 288,065 $9,818.63 18,067 $9,047.58 138,876 $6,475.35 $3,000.00 $500.00 $633.10 $400.00 $29,874.66 $2,097.48 7.55%
Earlville PL (EA) $4,523.17 19,126 $651.91 1,122 $561.87 17,671 $823.94 $2,100.00 $350.00 $73.88 $280.00 $4,841.60 $318.43 7.04%
East Dubuque PL (EP) $6,091.64 26,589 $906.28 1,367 $684.57 21,476 $1,001.36 $3,000.00 $500.00 $87.18 $400.00 $6,579.38 $487.74 8.01%
East Moline PL (EM) $14,369.11 98,025 $3,341.16 9,602 $4,808.48 66,978 $3,122.97 $3,000.00 $500.00 $295.48 $400.00 $15,468.10 $1,098.99 7.65%
Elizabeth TL (EL) $4,458.89 5,952 $202.87 447 $223.85 9,708 $452.65 $3,000.00 $500.00 $46.09 $400.00 $4,825.46 $366.57 8.22%
Ella Johnson Memorial PL (EJ) $13,686.74 114,612 $3,906.52 7,686 $3,848.99 60,139 $2,804.09 $3,000.00 $500.00 $278.38 $400.00 $14,737.99 $1,051.25 7.68%
Erie PL (ER) $6,032.36 14,559 $496.24 1,212 $606.94 30,566 $1,425.20 $3,000.00 $500.00 $85.61 $400.00 $6,514.00 $481.64 7.98%
Flagg-Rochelle PLD (FL) $9,927.56 58,032 $1,978.01 5,140 $2,574.01 44,236 $2,062.58 $3,000.00 $500.00 $183.70 $400.00 $10,698.30 $770.74 7.76%
Fossil Ridge PL (Braidwood) (FR) $12,297.47 90,236 $3,075.67 6,482 $3,246.05 59,608 $2,779.33 $3,000.00 $500.00 $243.36 $400.00 $13,244.42 $946.95 7.70%
Franklin Grove PLD (FG) $5,440.65 13,771 $469.38 668 $334.52 23,690 $1,104.59 $3,000.00 $500.00 $70.75 $400.00 $5,879.24 $438.59 8.06%
Freeport PLD (FP) $22,796.57 176,350 $6,010.85 13,939 $6,980.36 152,660 $7,118.05 $3,000.00 $500.00 $507.40 $400.00 $24,516.67 $1,720.10 7.55%
Galena PLD (GA) $7,473.71 51,293 $1,748.31 2,336 $1,169.82 24,128 $1,125.01 $3,000.00 $500.00 $122.01 $400.00 $8,065.16 $591.45 7.91%
Geneseo PL (GP) $13,274.20 103,925 $3,542.26 5,940 $2,974.63 77,391 $3,608.50 $3,000.00 $500.00 $267.90 $400.00 $14,293.28 $1,019.08 7.68%
Genoa PL (GE) $6,682.05 29,278 $997.93 2,108 $1,055.64 24,825 $1,157.51 $3,000.00 $500.00 $102.03 $400.00 $7,213.12 $531.07 7.95%
Grant Park PL (GR) $3,743.21 2,540 $86.58 1,328 $665.03 10,156 $473.54 $2,100.00 $350.00 $46.89 $280.00 $4,002.04 $258.83 6.91%
Graves-Hume PL (Mendota) (GV) $7,816.43 30,579 $1,042.28 3,029 $1,516.86 39,468 $1,840.27 $3,000.00 $500.00 $130.52 $400.00 $8,429.92 $613.49 7.85%
Hanover TL (HN) $3,705.12 9,976 $340.03 575 $287.95 11,967 $557.98 $2,100.00 $350.00 $45.94 $280.00 $3,961.90 $256.78 6.93%
Henry C Adams ML (HE) $4,002.57 7,705 $262.62 1,099 $550.36 14,677 $684.34 $2,100.00 $350.00 $53.41 $280.00 $4,280.73 $278.16 6.95%
Highland Community College (HC) $8,023.89 10,190 $347.32 3,103 $1,553.92 58,176 $2,712.56 $3,000.00 $500.00 $135.60 $400.00 $8,649.41 $625.52 7.80%
Hinckley PLD (HK) $4,736.43 25,259 $860.95 1,153 $577.40 17,797 $829.82 $2,100.00 $350.00 $71.91 $280.00 $5,070.07 $333.64 7.04%
Homer PL (HD) $21,109.25 192,198 $6,551.02 14,866 $7,444.59 93,286 $4,349.63 $3,000.00 $500.00 $465.24 $400.00 $22,710.48 $1,601.23 7.59%
Johnsburg PL (JO) $13,594.87 95,643 $3,259.97 8,926 $4,469.96 58,580 $2,731.40 $3,000.00 $500.00 $276.03 $400.00 $14,637.36 $1,042.49 7.67%
Joliet Township HS (JC) $9,843.82 18,839 $642.12 8,123 $4,067.83 38,880 $1,812.85 $3,000.00 $500.00 $181.51 $400.00 $10,604.32 $760.50 7.73%
Julia Hull PL (Stillman Valley) (JH) $8,050.09 53,241 $1,814.71 2,982 $1,493.32 28,721 $1,339.17 $3,000.00 $500.00 $136.50 $400.00 $8,683.71 $633.62 7.87%
Kankakee PL (KK) $16,935.39 90,994 $3,101.51 12,635 $6,327.35 97,178 $4,531.10 $3,000.00 $500.00 $359.92 $400.00 $18,219.88 $1,284.49 7.58%
LaSalle PL (LS) $10,678.19 68,489 $2,334.43 3,349 $1,677.11 72,697 $3,389.63 $3,000.00 $500.00 $202.49 $400.00 $11,503.66 $825.47 7.73%
Lena CL (LE) $6,677.65 23,492 $800.72 2,752 $1,378.14 22,028 $1,027.10 $3,000.00 $500.00 $101.92 $400.00 $7,207.88 $530.23 7.94%
Limestone PL (LI) $6,223.69 24,076 $820.62 1,880 $941.47 20,766 $968.25 $3,000.00 $500.00 $90.50 $400.00 $6,720.84 $497.15 7.99%
Malta Township PL (ML) $5,062.37 12,675 $432.02 870 $435.68 13,826 $644.66 $3,000.00 $500.00 $61.27 $400.00 $5,473.64 $411.27 8.12%
Manhattan PL (MT) $11,825.46 97,819 $3,334.14 5,539 $2,773.82 53,607 $2,499.53 $3,000.00 $500.00 $231.53 $400.00 $12,739.01 $913.55 7.73%
Manteno PL (MN) $12,446.58 90,730 $3,092.51 6,353 $3,181.45 63,981 $2,983.23 $3,000.00 $500.00 $247.09 $400.00 $13,404.29 $957.71 7.69%
Maple Park PL (MP) $4,763.29 4,744 $161.70 633 $316.99 15,427 $719.31 $3,000.00 $500.00 $53.72 $400.00 $5,151.72 $388.43 8.15%
Marseilles PL (MB) $0.00 15,776 $537.72 2,151 $1,077.18 21,530 $1,003.88 $2,100.00 $350.00 $80.32 $280.00 $5,429.09 $5,429.09 0.00%
Meridian Schools (Stillman Valley) (MS) $8,040.10 57,086 $1,945.76 2,031 $1,017.08 35,902 $1,674.00 $3,000.00 $500.00 $136.23 $400.00 $8,673.07 $632.97 7.87%
Mokena PL (MK) $16,959.28 146,859 $5,005.66 9,245 $4,629.70 93,420 $4,355.88 $3,000.00 $500.00 $360.68 $400.00 $18,251.92 $1,292.64 7.62%
Moline PL (MX) $34,165.83 350,621 $11,950.84 21,455 $10,744.22 200,439 $9,345.84 $3,000.00 $500.00 $793.78 $400.00 $36,734.67 $2,568.84 7.52%
Morris Area PL (MR) $15,273.02 141,755 $4,831.69 8,818 $4,415.87 63,852 $2,977.22 $3,000.00 $500.00 $318.36 $400.00 $16,443.14 $1,170.12 7.66%
Mt. Morris PL (MM) $5,266.27 25,813 $879.83 1,363 $682.56 27,038 $1,260.70 $2,100.00 $350.00 $85.20 $280.00 $5,638.29 $372.02 7.06%
New Lenox PL (NL) $26,838.26 266,717 $9,090.99 16,814 $8,420.10 146,779 $6,843.84 $3,000.00 $500.00 $609.38 $400.00 $28,864.32 $2,026.06 7.55%
Odell PL (OD) $7,144.51 30,764 $1,048.58 1,385 $693.58 41,886 $1,953.01 $3,000.00 $500.00 $113.60 $400.00 $7,708.77 $564.26 7.90%
Oglesby PL (OG) $6,585.44 25,685 $875.47 2,181 $1,092.20 24,488 $1,141.80 $3,000.00 $500.00 $99.59 $400.00 $7,109.06 $523.62 7.95%
Oregon PLD (OR) $7,457.17 44,752 $1,525.36 2,226 $1,114.73 29,699 $1,384.77 $3,000.00 $500.00 $121.56 $400.00 $8,046.42 $589.25 7.90%
Pearl City PLD (PP) $4,888.45 8,462 $288.43 760 $380.59 14,168 $660.61 $3,000.00 $500.00 $56.88 $400.00 $5,286.51 $398.06 8.14%
Pecatonica PL (PT) $6,254.40 32,085 $1,093.61 1,647 $824.78 18,125 $845.11 $3,000.00 $500.00 $91.30 $400.00 $6,754.81 $500.41 8.00%
Peotone PL (PE) $11,028.29 60,764 $2,071.13 5,628 $2,818.39 61,728 $2,878.18 $3,000.00 $500.00 $211.33 $400.00 $11,879.03 $850.74 7.71%
Peru PL (PU) $9,414.38 74,875 $2,552.10 3,399 $1,702.15 39,132 $1,824.60 $3,000.00 $500.00 $170.85 $400.00 $10,149.70 $735.32 7.81%
Plano Community PL (PD) $13,502.27 116,343 $3,965.52 7,432 $3,721.79 57,462 $2,679.27 $3,000.00 $500.00 $273.76 $400.00 $14,540.35 $1,038.08 7.69%
Plano CUSD (PX) $9,385.86 58,174 $1,982.85 3,517 $1,761.24 49,384 $2,302.62 $3,000.00 $500.00 $170.04 $400.00 $10,116.75 $730.89 7.79%
Polo PLD (PO) $4,813.90 26,222 $893.77 1,210 $605.94 18,224 $849.73 $2,100.00 $350.00 $73.86 $280.00 $5,153.30 $339.40 7.05%
Princeton PL (PR) $10,960.36 65,806 $2,242.98 4,263 $2,134.82 71,179 $3,318.85 $3,000.00 $500.00 $209.59 $400.00 $11,806.25 $845.89 7.72%
Princeton Township HS (PF) $3,413.92 5,683 $193.70 692 $346.54 7,298 $340.28 $2,100.00 $350.00 $38.62 $280.00 $3,649.15 $235.23 6.89%
Prophetstown-Lyndon-Tampico Schools (TW) $5,512.28 17,612 $600.30 1,101 $551.36 35,955 $1,676.47 $2,100.00 $350.00 $85.29 $280.00 $5,643.42 $131.14 2.38%
Putnam County Schools (UC) $4,439.62 4,541 $154.78 497 $248.89 9,766 $455.36 $3,000.00 $500.00 $45.60 $400.00 $4,804.62 $365.00 8.22%
Putnam County PL (UE) $7,376.50 36,947 $1,259.33 2,086 $1,044.63 35,072 $1,635.30 $3,000.00 $500.00 $119.48 $400.00 $7,958.73 $582.23 7.89%
Reddick PL (Ottawa) (RL) $15,438.98 153,281 $5,224.55 7,899 $3,955.66 69,049 $3,219.54 $3,000.00 $500.00 $322.54 $400.00 $16,622.28 $1,183.30 7.66%
Richard A Mautino PL (MA) $5,952.04 29,308 $998.96 1,634 $818.27 36,985 $1,724.49 $2,100.00 $350.00 $102.43 $280.00 $6,374.15 $422.11 7.09%
River Valley DL (RD) $7,938.16 54,016 $1,841.12 2,256 $1,129.76 33,179 $1,547.03 $3,000.00 $500.00 $147.46 $400.00 $8,565.37 $627.21 7.90%
Robert R Jones DL (CV) $8,482.45 33,338 $1,136.32 3,644 $1,824.84 45,816 $2,136.26 $3,000.00 $500.00 $147.26 $400.00 $9,144.67 $662.22 7.81%
Robert Rowe PL (Sheridan) (RO) $5,555.63 18,699 $637.35 1,201 $601.44 16,965 $791.02 $3,000.00 $500.00 $73.69 $400.00 $6,003.50 $447.87 8.06%
Rock Island PL (RP) $28,330.27 221,198 $7,539.48 16,649 $8,337.47 215,192 $10,033.72 $3,000.00 $500.00 $646.51 $400.00 $30,457.19 $2,126.92 7.51%
Sandwich PLD (SA) $8,441.74 52,714 $1,796.74 3,449 $1,727.19 32,888 $1,533.46 $3,000.00 $500.00 $146.34 $400.00 $9,103.74 $662.00 7.84%
Schmaling ML (SC) $4,589.89 17,118 $583.46 1,037 $519.31 21,678 $1,010.78 $2,100.00 $350.00 $68.18 $280.00 $4,911.73 $321.84 7.01%
Seneca PL (SE) $8,934.59 28,908 $985.32 2,386 $1,194.86 72,693 $3,389.45 $3,000.00 $500.00 $158.51 $400.00 $9,628.13 $693.54 7.76%
Serena Schools (CF) $4,396.70 15,054 $513.11 739 $370.08 22,040 $1,027.66 $2,100.00 $350.00 $63.31 $280.00 $4,704.16 $307.46 6.99%
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APP A Independence 0K 20180115
Sherrard PL (SD) $6,452.51 24,287 $827.82 1,633 $817.77 28,401 $1,324.25 $3,000.00 $500.00 $96.22 $400.00 $6,966.06 $513.55 7.96%
Silvis PL (SL) $7,491.39 35,032 $1,194.06 3,407 $1,706.16 24,871 $1,159.66 $3,000.00 $500.00 $122.41 $400.00 $8,082.28 $590.89 7.89%
Somonauk PL (SN) $10,201.64 76,530 $2,608.51 4,577 $2,292.07 42,965 $2,003.32 $3,000.00 $500.00 $190.65 $400.00 $10,994.55 $792.91 7.77%
South Beloit PLD (SB) $6,085.80 17,049 $581.11 2,172 $1,087.69 19,652 $916.31 $3,000.00 $500.00 $87.01 $400.00 $6,572.13 $486.33 7.99%
Stockton TL (SK) $4,260.05 11,522 $392.72 765 $383.10 21,264 $991.47 $2,100.00 $350.00 $59.87 $280.00 $4,557.16 $297.11 6.97%
Streator PL (SR) $8,824.47 38,609 $1,315.98 3,912 $1,959.05 46,783 $2,181.34 $3,000.00 $500.00 $155.88 $400.00 $9,512.25 $687.78 7.79%
Sycamore PL (SY) $17,882.42 202,603 $6,905.68 8,544 $4,278.66 81,089 $3,780.92 $3,000.00 $500.00 $384.11 $400.00 $19,249.37 $1,366.95 7.64%
Three Rivers PL (Channahon/Minooka) (TC) $19,463.73 185,198 $6,312.43 11,667 $5,842.59 95,758 $4,464.89 $3,000.00 $500.00 $423.80 $400.00 $20,943.72 $1,479.99 7.60%
United Township HS (E. Moline) (UT) $7,675.70 29,054 $990.30 2,565 $1,284.50 42,397 $1,976.84 $3,000.00 $500.00 $126.96 $400.00 $8,278.59 $602.89 7.85%
Walnut PLD (WA) $4,709.96 21,287 $725.56 725 $363.06 24,687 $1,151.08 $2,100.00 $350.00 $71.20 $280.00 $5,040.91 $330.95 7.03%
Warren Township PL (WR) $3,811.62 8,806 $300.15 745 $373.08 13,532 $630.95 $2,100.00 $350.00 $48.77 $280.00 $4,082.96 $271.34 7.12%
Western Dist PL (Orion) (WD) $6,561.15 22,877 $779.76 2,048 $1,025.60 27,414 $1,278.23 $3,000.00 $500.00 $98.96 $400.00 $7,082.54 $521.39 7.95%
Wilmington PL (WL) $10,909.38 94,949 $3,236.31 4,491 $2,249.00 46,371 $2,162.13 $3,000.00 $500.00 $208.50 $400.00 $11,755.94 $846.56 7.76%
Yorkville PL (YK) $12,584.39 92,056 $3,137.71 6,868 $3,439.35 60,584 $2,824.84 $3,000.00 $500.00 $250.58 $400.00 $13,552.48 $968.09 7.69%
TOTALS $851,813.57 5,648,229 $192,518.59 384,438 $192,518.59 4,128,922 $192,518.59 $252,900.00 $42,150.00 $15,999.99 $33,720.00 $922,325.77 $70,512.20 7.52%
$830,455.78
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Memo: PrairieCat/LIMRiCC IGA and Resolution
To: PrairieCat Delegates Assembly
From: Carolyn Coulter, PrairieCat Director
Date: January 31, 2017
The following IGA and resolution will allow PrairieCat to join the LIMRiCC insurance Co-op. In order to provide health and unemployment insurance through LIMRiCC, Delegates Assembly must approve these documents. LIMRiCC will allow PrairieCat to realize significant savings in health insurance for our staff upon independence. After these documents are approved, we can begin configuring our plan for FY19. Plans are to configure a plan that is identical to the existing plan in place at RAILS currently. This plan will be the LIMRiCC high deductible plan, with 80/20, 70/30 employer/employee contributions.
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355971_1
INTERGOVERNMENTAL AGREEMENT PROVIDING FOR RISK MANAGEMENT AND AUTHORIZING MEMBERSHIP IN THE LIBRARY INSURANCE MANAGEMENT AND RISK
CONTROL COMBINATION (LIMRiCC) AMENDED EFFECTIVE DECEMBER 1, 2015
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355971_1
TABLE OF CONTENTS PAGE
ARTICLE I. THE UNEMPLOYMENT COMPENSATION CLAIM PROGRAM 1
A. Findings and Authority 1
B. Definitions 2
C. Agreements of Members 3
D. Powers and Duties of LIMRiCC 5
E. Period of Coverage, Withdrawal and Termination 7
F. Prior Coverage 7
ARTICLE II. THE SELF INSURANCE PROGRAM 8
A. Purpose 8
B. Authority 8
C. Definitions 8
D. Insuring Agreement 9
E. Exclusions 10
F. Payments by Members – Assessments 12
G. Powers and Duties of LIMRiCC 12
H. Conditions 13
1. Warranty Clause 13 2. Discovery Period 13 3. Limits of Payments for Losses 13 4. Loss Provision 13 5. Defense and Settlement 14 6. Action Against LIMRiCC 14 7. Subrogation 15 8. Changes 15 9. Assignment 15 10. Authorization Clause and Notices 15 11. Acceptance 16 12. Other Insurance 16
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I. Cancellation 16
J. Non-Renewal 17
K. Participation of Unexpended Funds 17
1. Cancellation 17 2. Membership for Five or More Years 17 3. On Termination of the Program 17
L. Disputes 18
M. Prior Coverage 18
ARTICLE III. EMPLOYEE BENEFIT INSURANCE PROGRAM 18
A. Purpose 18
1. Purchase of Health Insurance Plan (“PHIP”) 19 2. Self-Insured Health Insurance Plan (“SHIP”) 19
B. Authority 19
C. Member Contributions 19
D. Administration Fee 19
1. Base Administration Fee 20 2. Participant Administration Fee 20 3. Changes to the Base Administration Fee
or Participant Administration Fee 20
E. PHIP Benefit Fee 20
F. SHIP Benefit Fee 21
G. Program Fund 21
1. Withdrawal of Administration Fees 21 2. Initial SHIP Account Balance 22
H. SHIP Supplemental Benefit Fee 22
I. Employee Qualification 22
J. Claims 23
K. Mandatory Member Meetings 23
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L. Powers and Duties of LIMRiCC 24
M. Powers and Duties of Members 25
N. Late Payments 25
O. Term of the Program 26
1. Termination of Membership by Member 26 2. Termination of Membership by LIMRiCC 26 3. Termination of Program 26 4. Refund of SHIP Benefit Fee Upon SHIP
Termination 27 5. Obligations of Terminated Members 28
P. Rights and Obligations of Members 28
Q. Liability of LIMRiCC, Its Officers and Directors 30
R. By-Laws 30
S. Notices 31
ARTICLE IV. RIGHTS AND OBLIGATIONS OF MEMBERS 31
A. Obligations of Members 31
B. Rights of Members 32
ARTICLE V. LIABILITY TO LIMRiCC, ITS OFFICERS AND DIRECTORS 32
ARTICLE VI. BY-LAWS 33
ARTICLE VII. NOTICES 33
ARTICLE VIII. FORMER PARTICIPATION OF METROPOLITAN LIBRARY SYSTEM (FORMERLY SUBURBAN LIBRARY SYSTEM) 33
ARTICLE IX. AMENDMENTS 34
ARTICLE X. POWERS OF BOARD OF DIRECTORS 35
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1
INTERGOVERNMENTAL AGREEMENT PROVIDING FOR RISK MANAGEMENT AND AUTHORIZING MEMBERSHIP IN THE LIBRARY
INSURANCE MANAGEMENT AND RISK CONTROL (LIMRiCC)
In consideration of the agreements hereinafter provided, the Board of Trustees of
the _______________________, hereinafter referred to as “Library” or “Member” and the
Library Insurance Management and Risk Control Combination, hereinafter referred to as
“LIMRiCC” (an intergovernmental entity voluntarily established by contracting Library
Systems, Boards of Library Trustees, Library Districts and Intergovernmental Entities that
provide services to Public Libraries, Library Districts and Library Systems), agree as
follows:
The _____________ Public Library agrees to participate in the following Programs
(the Programs) with LIMRiCC:
The Unemployment Compensation Program (UCGA);
The Employee Benefit Insurance Program.
ARTICLE I. THE UNEMPLOYMENT COMPENSATION CLAIM PROGRAM. A. Findings and Authority.
1. Unemployment claims against Library Districts, Boards of Library Trustees, Library Systems, and Intergovernmental Entities that provide services to Public Libraries, Library Districts and Library Systems can be handled more economically and efficiently if claims are processed on a volume basis.
2. The centralization of administration of these claims is consistent
with the goals of the Intergovernmental Cooperation Clause of the Constitution of the State of Illinois (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and is further authorized by 820 ILCS 405/1405.
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3. The members and LIMRiCC, therefore, agree to the Provisions hereinafter set forth for the centralized management of unemployment compensation claims.
B. Definitions – (Article I).
Unless otherwise indicated, terms used herein are defined as provided in “An Act in Relation to Unemployment insurance” approved June 30, 1937, as amended
“Claims” – The Unemployment Compensation Claims made against the
Members.
“Final Rate” is defined as fifteen percent of the Rate. In other words, “Final Rate” = Rate/(1-.15).
“Investment Dividend” is defined as Investment Income, if greater than
zero. “Investment Income” is defined as the Total Dividend minus the
Underwriting Dividend.
Where the term “LIMRiCC” is used, it shall include LIMRiCC and any private or public corporation it shall retain to assist in the administration and payment of claims unless the context indicates otherwise.
When the term “Member” is used, it shall refer to any entity participating
in the Unemployment Compensation Program.
“Member employee” shall include each employee of the Member covered by the Unemployment Compensation Act.
“Member Experience” is defined as the sum of three years of claims divided
by the sum of three years of taxable payroll for each Member. In other words, “Member Experience” = Sum (“3 years of claims”) / Sum (“3 years of taxable payroll”).
“Member Investment Dividend” is defined as the Investment Dividend
multiplied by the Premium divided by the total premium. In other words, “Member Dividend” = Investment Dividend * Premium/Total Premium.
“Member Profit” is defined as premium minus claims, where premiums
exceed claims. “Pooled Account” – All assets of LIMRiCC devoted to the Unemployment
Compensation Program.
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“Pool Experience” is defined as the total of three years of claims divided by the total of three years of taxable payroll for the pool. In other words, “Pool Experience” = Total 3 years of claims / Total 3 years of taxable payroll.
“Pool Profit” is defined as the sum of “Member Profit.”
“The Previous Agreement: - The Unemployment Compensation Agreement between the Member and Metropolitan Library System(formerly Suburban Library System).
“Profitable Members” – means those Members whose premiums exceed
claims made.
“Program” – The Unemployment Compensation Program pursuant to this Agreement.
“Rate” is defined as fifty percent of the Member Experience plus fifty
percent of the Pool Experience. In other words, “Rate” = ½ x Member Experience + ½ x Pool Experience.
“Reserve Account” – An account to be maintained at $1,000,000 subject
to temporary reductions for payment of mandated claims, and not available for refunding except on the termination of the Unemployment Compensation Program.
“Underwriting Dividend” is defined as the Underwriting Income, if greater than zero.
“Underwriting Income” is defined as the total premiums subtracting the
total claims.
C. Agreements of Members.
1. To designate LIMRiCC to process the claims of the Member. 2. That LIMRiCC may contract with private or public corporations for
assistance in the processing of claims and the member will share in the cost of administering and paying the claims as provided in this contract.
3. That each year this Agreement is in effect, each Member shall pay to LIMRiCC:
(a) The Rate multiplied by the wage base set by the State of
Illinois; and (b) The Final Rate, as defined herein.
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The Member shall make these payments in equal quarterly installments due on the 15th day of April, July, October and January of each year.
4. At such time as merit rating is established for the Member, as hereinafter provided, the above payments shall be adjusted accordingly.
5. To elect to be a reimbursing employer during the term of this
Agreement. 6. That appropriate personnel of the Member will attend meetings
conducted by LIMRiCC regarding procedures to reduce claims and that the Member will utilize these procedures.
7. To cooperate in all respects with LIMRiCC so that it can exercise
the rights, duties and obligations of the Member as an employer concerning claims.
8. To provide LIMRiCC with information regarding the facts and
circumstances of the termination of any of the Member employees within one working day from termination.
9. To furnish LIMRiCC with copies of all reports of Member
employees required by the State pursuant to the Unemployment Compensation Act.
10. To permit inspection and audit of Member payroll records by
LIMRiCC at such times as the inspection or audit does not interfere with the conduct of business. The Member will provide LIMRiCC with a copy of the quarterly report of Member employees.
11. To comply with such other reasonable rules and regulations as may
be established by LIMRiCC for the administration of the Agreement.
12. To permit LIMRiCC to elect not to protest or object to claims or file
appeals for allowed claims, provided that the Member shall have the option to defend the claims itself if LIMRiCC elects not to defend. The Member must notify LIMRiCC within two (2) working days of the receipt of the claims, but not later than the due date of any protests, objections or appeals to such claims, if the Member wishes to exercise its option to defend the claims. If the Member has timely notified LIMRiCC of the Member’s exercise of this option, LIMRiCC will advise the Member within two (2) working days of the receipt of the claim by LIMRiCC, but not later than the due date
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of protests, objections, or appeals to such claims, if LIMRiCC elects not to defend.
13. To furnish LIMRiCC, or its designee, notice of claims within two
working days of the receipt of the claims by the Member, but not later than the due date of any protests, objections or appeals to such claims. In addition, the Member will furnish LIMRiCC such information regarding the claims as LIMRiCC may require.
14. To furnish a power of attorney or similar authority to the agent
processing claims on behalf of LIMRiCC.
D. Powers and Duties of LIMRiCC.
The powers and duties of LIMRiCC are as follows:
1. To act as the designated agent of the Member in the processing and defending of claims subject to the right of LIMRiCC to delegate these responsibilities as provided herein, and to deposit all payments received pursuant to this Agreement in a separate and distinct bank account to be held, administered and paid over as herein provided. Where funds are available for investment they will be deposited in interest bearing accounts or otherwise lawfully invested.
2. To pay allowed claims against Member employers. 3. To file in the name of and in behalf of Member, protests, objections or
appeals to claims that, in the judgment of LIMRiCC, are filed by claimants who are not eligible or who are disqualified pursuant to the Unemployment Compensation Act. LIMRiCC, in its determination, shall exercise that judgment usually exercised by responsible private employers under similar circumstances.
4. To cause an evaluation to be conducted for appropriate Member personnel. 5. To cause training programs concerning the Unemployment Compensation
Act to be conducted for appropriate Member personnel. 6. To prepare and file claims for refund where appropriate. 7. To maintain a separate record of the contributions made and the claims paid
attributable to each Member, that shall be deducted from the credit balance. 8. To pay the reasonable charges attributable to the services rendered pursuant
to this Program from first, the interest earned, and if this is insufficient, from the principal of the fund. These charges shall include, but not be limited to, contract payments for the services for audit expenses, attorneys fees,
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6
equipment, supplies, reimbursement to LIMRiCC for its services and use of its facilities as provided in the BY-Laws of LIMRiCC.
LIMRiCC staff shall manage or contract for services for this Program,
provided the annual compensation for these services shall not exceed the Final Rate without the consent of fifty percent (50%) of the Members.
9. To set the Rate for each Member as based on the experience of the Pool
(“Pool Experience”) and the experience of the individual Member (“Member Experience”). The Rate is calculated by adding ½ multiplied by the Member Experience to ½ multiplied by the Pool Experience. For new members, defined as those with less than three years experience in the Program, the Rate is calculated using the Pool Experience only.
10. To set forth as in the same manner as in Paragraph 9, if the evaluation
establishes that the Member has a deficit balance, a merit rating may be established in excess of 2% but no more than 5%.
11. To authorize LIMRiCC at its option purchase insurance from the Pooled
Account to cover claims. 12. To pay for Members who have participated in the Unemployment
Compensation Program for ten (10) or more years [including the Program of Metropolitan Library system (formerly Suburban Library System)], LIMRiCC shall make refunds of funds on hand in the Pooled Account in excess of $1,000,000 as follows:
a. Underwriting Dividends and Member Investment Dividends shall
be calculated based on audited, fiscal year-end figures.
b. Annually by the end of the second quarter of the fiscal year, Underwriting Dividends shall be paid to those Profitable Members based on the amount of underwriting profit generated by Profitable Members as long as the Pooled Account has funds in excess of $1,000,000. Underwriting Dividends shall be calculated based on the Underwriting Income for Profitable Members. Each Profitable Member’s underwriting is calculated by multiplying the Underwriting Dividend by the Member Profit divided by the Pool Profit. This dividend will count towards the Member’s account balance.
c. Annually by the end of the second quarter of the fiscal year, Member
Investment Dividends shall be paid to all Members as long as the Pooled Account has funds in excess of $1,000,000. Each Member’s Investment Dividend shall be calculated by multiplying the Investment Dividend by the premium divided by total premium. This dividend will not count towards the Member’s account balance.
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E. Period of Coverage, Withdrawal and Termination.
1. The initial coverage provided by LIMRiCC shall include all claims
by members for persons whose employment is terminated by such Member during the period from July 1, 1993, through December 31, 1993. Coverage shall be continued from year to year thereafter, on a calendar year basis, unless terminated as provided herein. In the event of termination by a Member, assets remaining in the Member’s account and reserve account shall not be refunded. Members terminating with a deficit balance shall reimburse LIMRiCC for the deficit. Either party may terminate its participation in the Pooled Account pursuant to this Agreement by giving written notice at least ninety (90) days prior to December 31 of any year this Agreement is in effect and the withdrawal will then be effective as of December 31 of the year of withdrawal.
2. LIMRiCC shall continue to cover all claims of the Member’s
employees whose employment was terminated by the Member during the period this Agreement is in effect, provided the member is not in default; and provided further the Member shall pay any deficit in its account in the Pooled Account. A default in payment by the Member shall be deemed termination by the Member and LIMRiCC shall not cover claims made after the default.
F. Prior Coverage – The Previous Agreement.
Members account balances and merit ratings in the previous agreement with
Metropolitan Library System (formerly Suburban Library System), shall be transferred to LIMRiCC and credited to the member’s account balance in this LIMRiCC program. There will be no interruption of coverage in the transition from the Previous Agreement. The coverage for Members with account balances and merit ratings pursuant to the previous Agreement with Metropolitan (formerly Suburban Library System) shall include all claims of such Members for persons whose employment with such Member or with any other employer is terminated prior to June 1, 1993. ARTICLE II. THE SELF-INSURANCE PROGRAM.
A. Purpose. It is the purpose of this Self-Insurance Program to create an intergovernmental joint self-insurance program (the “Program”) with LIMRiCC, Library Districts, Boards of Library Trustees, Library Systems and Intergovernmental Entities that provide services to Public Libraries, Library Districts and Library Systems (the “Members”) under the terms
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and conditions hereinafter set forth, with LIMRiCC as the administrative entity to operate the Program. It is the purpose of the Member to contract with LIMRiCC and to assume joint liability under a joint self-insurance program as a Member.
B. Authority.
The agreements between LIMRiCC, and the Members are authorized by the intergovernmental cooperation clause as set forth in Article VII, Section 10 of the Constitution Act; 5 ILCS 220/1; and by the provisions of the Local Governmental and Governmental Employees Tort Immunity Act. (745 ILCS 10/1-101 et seq.)
C. Definitions (Article II).
1. “Member” shall mean any Library District, Board of Library Trustees, Library System or Intergovernmental Entity that provides services to Public Libraries, Library Districts and Library Systems which has executed an agreement which is accepted by LIMRiCC for joint self-Insurance on substantially the same terms as this Agreement.
2. “Insured” shall mean a Member and all persons who were, now are,
or shall be elected or appointed officials of such Member. The term “Insured” shall include the personnel of any commissions, boards or other units operating by and under the jurisdiction of such Member. The term “Insured” shall not include independent contractors.
3. The term “insured” shall also include the estates, heirs, legal
representatives or assigns of deceased persons who are already defined as an Insured.
4. “Wrongful Act” shall mean any actual or alleged error or
misstatement, or misleading statement, or act or omission or neglect or breach of duty, including misfeasance, malfeasance and nonfeasance, by an Insured, as a public official, employee or volunteer of the Member.
5. “Loss” shall mean any amount which an Insured is legally obligated
to pay or which the Member shall be required by law to pay as indemnity for any claim or claims made against an Insured for Wrongful Act and shall include but not be limited to damages, judgments, settlements, costs of investigation and defense of legal actions (excluding from such costs the salaries of officials or employees of the Member of any governmental body), claims or proceedings and appeals therefrom, costs of attachment or similar bonds; provided always, however, such amount of Loss shall not include fines or penalties imposed by law or the cost of investigation or defense in connection therewith or matters which may be deemed
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uninsurable under the law pursuant to which this Agreement shall be construed.
Subject to Article II, E, punitive damages, to the extent permitted by law, shall be insured as a Loss.
6. The “Term of the Agreement” shall mean the term of coverage
provided in the Prior Self-Insurance Agreement. If there is no Prior Self-Insurance Agreement, then the Term of Agreement shall be the period of one (1) year following effective date of this Agreement. The Term of the Agreement shall be extended for additional 12 month periods unless terminated by 60 days notice prior to the expiration date by either party provided payment has been made by the member prior to the commencement of the extended term.
7. The “Prior Self-Insurance Agreement” shall mean the previous self
insurance agreement with the Metropolitan Library System (formerly Suburban Library System) and the Pool. There shall be no interruption of coverage in the transition from the Prior Self-Insurance Agreement.
D. Insuring Agreement.
1. LIMRiCC will pay (solely from the proceeds of payments from the
members) on behalf of the Member all Loss which the Insured shall be legally obligated to pay for any civil claim or claims first made against the Insured because of a Wrongful Act, provided that the claim is first made during the Term of the Agreement and written notice of said claim is received by LIMRiCC during the Term of the Agreement or within thirty (30) days thereafter.
2. LIMRiCC (solely from the proceeds of payments from the
Members) will pay the Insured’s defense costs arising out of claims, demands or actions seeking relief or redress from Wrongful Acts in any form other than money damages. The maximum amount of recovery under this extension is One Hundred Thousand Dollars ($100,000.00) for any such claim, less the One Thousand Dollar deductible, provided that the claim is first made during the Term of the Agreement and written notice of said claim is received by LIMRiCC during the Term of the Agreement or within thirty (30) days thereafter.
3. Extensions. This Agreement shall cover Loss arising from any civil
claim or claims made against the estates, heirs, legal representatives or assigns of deceased persons who were Insured at the time of the Wrongful Act upon which such civil claim or claims are based.
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E. Exclusions.
Subject to Article II-H.5.
LIMRiCC shall not make payment for Loss in connection with any claims made against the Insured allegedly based upon or arising out of one or more of the following:
1. Gaining any personal profit or advantage to which the Insured was
not legally entitled;
2. The return by an Insured of any remuneration in fact paid to the Insured if payment of such remuneration shall be held by the court to be in violation of law;
3. Brought about or contributed to by the dishonest acts of the Insured,
which were committed by the Insured with actual dishonest purpose and intent and were material to the cause of action.
4. (a) any damages, whether direct, indirect or consequential,
arising from, or caused by bodily injury, sickness, disease or death;
(b) loss or criminal abstraction of, damage to or destruction of any tangible property or the loss of use of such property by reason of the foregoing;
5. (a) false arrest, assault, battery, detention or imprisonment, or malicious prosecution;
(b) defamation, including, but not limited to, libel or slander;
(c) a publication or utterance in the course of or related to
advertising, broadcasting or telecasting activities by or on behalf of the Member;
(d) wrongful entry or eviction or other invasion of the right of
private occupancy.
6. “Willful and wanton conduct,” meaning a course of action which shows an actual or deliberate intention to cause harm or that, if not intentional, shows an utter indifference to or conscious disregard for the rights of others;
7. The discharge, dispersal, release or escape or saturation of smoke,
vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases,
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waste materials, asbestos or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, or any object, whether sudden or not;
8. (a) asbestos or any asbestos-related injury
or damage; or
(b) any alleged act, error, omission or duty involving asbestos, its use, exposure, presence, existence, detection, removal, elimination or avoidance; or
(c) the use, exposure, presence, existence, detection, removal,
elimination or avoidance of asbestos in any environment, building or structure.
9. Based upon, arising out of, directly or indirectly resulting from or in
consequence of, or in any way involving actual, alleged or threatened nuclear reaction, radiation, contamination, materials or waste, regardless of the cause;
10. Prior to pending litigation as of the effective date of this Agreement
and excluding as well, all future claims or suits based upon, arising out of or attributable to said prior or pending litigation;
11. A violation of the Americans with Disabilities Act of 1990 as
amended from time to time. The Wrongful Act of any Insured shall not be imputed to any other insured for the purpose of determining the applicability of the foregoing exclusions. F. Payments by Members – Assessments. Each Member shall pay LIMRiCC One Thousand Two Hundred Dollars ($1,200) for the first year of coverage and One Thousand Dollars ($1,000) for each year of coverage thereafter. Payments are made prior to the term of coverage. Each Member shall receive credit for payments made and coverage pursuant to the Prior Self-Insurance Agreement. If funds of the Program are insufficient in the judgment of LIMRiCC, then LIMRiCC may assess the Members for additional payments. Each Member shall be assessed an equal amount. If a 12-month discovery period is elected by the Member pursuant to paragraph H-2, such Member shall pay LIMRiCC Eight Hundred Dollars ($800.00).
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The Members shall pay the first One Thousand Dollars ($1,000.00) of each Loss.
G. Powers and Duties of LIMRiCC.
LIMRiCC shall have the following powers and duties in the administration of the Program:
(1) To employ agents, employees and independent contractors including legal counsel;
(2) To purchase or lease equipment, machinery, or personal property
necessary for the carrying out of the purpose of the Program;
(3) To carry out educational and other programs relating to risk reductions;
(4) To collect the funds and administer the Program;
(5) To provide risk management services;
(6) To carry out such other activities as are necessarily implied or
required to carry out the purposes of the Program; and
(7) To work with LIMRiCC staff or to contract for service to manage the Program as provided in the By-laws, provided the annual compensation for these services shall not exceed TWELVE THOUSAND DOLLARS ($12,000.00)
H. Conditions.
1. Warranty Clause.
It is represented and warranted that the particulars and statements contained in application of the Member included in the prior Self-Insurance Agreement, a copy of which is attached hereto, is reaffirmed as of the inception date of this Agreement and is the basis of this Agreement and is considered as incorporated in and constituting part of this Agreement. A new application shall be made in the form attached hereto and is subject to review and approval by LIMRiCC.
2. Discovery Period.
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If LIMRiCC shall cancel or refuse to renew this Agreement, the Member shall have the right to an automatic extended discovery period upon payment of the additional premium set forth in paragraph F in respect of any claim or claims which may be made against the Insured during the period of twelve (12) months after the date of such cancellation or non-renewal, but only in respect of any Wrongful Act committed during the Term of the Agreement and before the date of such cancellation or non-renewal, provided, however, that written application to LIMRiCC for such extension and payment of the premium therefore must be made within thirty (30) days following such cancellation or non-renewal.
3. Limits of Payment for Losses.
Payment for Losses under Article II, D.1 shall be limited to One Million Dollars ($1,000,000.00) per occurrence. Pursuant to Article II, F, the One Thousand Dollars ($1,000.00) to be paid by the Member shall be deducted by LIMRiCC for each loss occurring from separate claim. 4. Loss Provision. If during the Term of the Agreement or extended discovery period:
(a) the Member or the Insured shall receive written or oral notice from any person that it is the intention of such person to hold the Insured responsible for the results of any specified Wrongful Act done or alleged to have been done by the Insured while acting in the capacity aforementioned; or
(b) the Member or the Insured shall become aware of any
occurrence which may subsequently give rise to a claim being made against the Insured in respect of any such alleged Wrongful Act;
then Member or the Insured shall, as soon as practicable, give written notice to LIMRiCC of the receipt of such written or oral notice under Clause 4(a) or of such occurrence under Clause 4(b). Upon LIMRiCC’s receipt of such notice, any claim which may subsequently be made against the Insured arising out of such alleged Wrongful Act shall, for the purposes of this Agreement, be treated as a claim made during the Term of the Agreement in which such notice was given, or if given during the extended discovery period as a claim made during such discovery period. The Member or the Insured shall, as further condition precedent to the Insured’s right to be indemnified under this Agreement, give LIMRiCC any information and all such cooperation as LIMRiCC may reasonably require and as shall be in the Insured’s power.
5. Defense, Settlement and Selection of Counsel.
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In the event of a claim, the Insured shall take reasonable measure to protect their interests and shall promptly advise LIMRiCC in the event of a claim. If defense of a suit shall be required, LIMRiCC shall consult with the Insured regarding the appointment of counsel. If there is no agreement on the selection, then LIMRiCC shall appoint counsel. In the event a claim shall be made that is insured under this Agreement and the claim is combined with another claim arising out of the same occurrence that is excluded under Article II-E, then the insured may select independent counsel for the insured’s defense for the excluded claim and LIMRiCC will reimburse the insured for the reasonable expenses of independent counsel. Subject to the foregoing, no cost of expenses shall be incurred on behalf of LIMRiCC under any circumstances without its consent. In the event the Insured and LIMRiCC cannot agree on the allocation or apportionment of counsel’s fees and expenses, then under such circumstances the Insured’s right of indemnity for such expenses and fees shall not mature until the claim giving rise thereto has been finally and completely adjudicated and-or settled. LIMRiCC shall not commit the Member to any settlement without the Member’s consent. However, if the Insured shall refuse to consent to any settlement recommended by LIMRiCC and shall elect to contest the claim or continue any legal proceedings in connection with such claim, then subject to the provisions of connection with such claim, then subject to the provisions of Article II, H.3, LIMRiCC’s liability for the claim shall not exceed the amount for which the claim could have been settled including costs, charges and expenses incurred with its consent up to date of such refusal. 6. Action Against LIMRiCC. No action shall lie against LIMRiCC unless as a condition precedent thereto, there shall have been full compliance with all of the terms of this Agreement, and until the amount of the Insured’s obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and LIMRiCC. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Agreement to the extent of the insurance afforded by this Agreement. No person or organization shall have any right under this Agreement to join LIMRiCC as a party to any action against the Insured, to determine the Insured’s liability, nor shall the Pool be impleaded by the Insured or the legal representative of the Insured. The bankruptcy or insolvency of the Insured or the Insured’s estate shall not relieve LIMRiCC of any of its obligations hereunder. The liability of LIMRiCC shall be limited to the proceeds of payments and assessments of the Members made pursuant to this Article II – Self Insurance pursuant to prior self-insurance Agreement.
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7. Subrogation.
In the event of any payment under the Agreement, LIMRiCC shall be subrogated
to all the Insured’s rights of recovery therefore against any person or organization, and the Insured shall execute and deliver such instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after Loss to prejudice such rights.
8. Changes.
The terms of this Agreement shall not be waived or changed except by written endorsement issued to for a part of this Agreement.
9. Assignment.
There shall be no assignment of interest under this Agreement.
10. Authorization Clause and Notices.
By acceptance of this Agreement, all Insured agree that the Member shall act on behalf of all Insured, officers and employees of the Member with respect to the giving and receiving of notice of claim or cancellation or non-renewal, the payment of premiums and the receiving of any return premiums that may become due under this Agreement. Notice to that individual named in the Application at the address of the member shall also constitute notice to all Insured.
All notices of claims or any other notice required to be given to LIMRiCC under this Agreement shall be in writing and shall be addressed to: LIMRiCC P.O. Box 1016 Orland Park, Illinois 60462
11. Acceptance.
By acceptance of this Agreement, the Member and the Insured agree that this Agreement embodies all agreements existing between themselves and LIMRiCC relating to joint self-insurance.
12. Other Insurance.
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If the Member or any Insured has other valid and collectible insurance insuring against a Loss covered by this Agreement, the insurance provided by this Agreement shall be secondary to and shall apply in excess of such other insurance. I. Cancellation.
This Agreement may be canceled by the Member for itself and its Insured by mailing to LIMRiCC written notice stating when thereafter the cancellation shall be effective. Subject to Article II, H.2, LIMRiCC may cancel this Agreement and shall thereupon mail to the Member notice stating when not less than sixty (60) days thereafter such cancellation shall be effective. Prior to the effective date of such cancellation, the member shall be given an opportunity to be heard by LIMRiCC. After the hearing, LIMRiCC shall determine whether to affirm or rescind the cancellation. Notwithstanding the foregoing, this Agreement may also be canceled by LIMRiCC upon not less than ten (10) days notice when the cancellation is being effected by reason of the Member’s non-payment of premium. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Agreement period. Cancellation shall be subject to the liability of the Member for assessments pursuant to paragraph F, where the assessment results from a claim made prior to the effective date of cancellation. Cancellation by LIMRiCC shall be subject to LIMRiCC’s liability, if any, for claims made prior to the effective date of cancellation. J. Non-Renewal. If LIMRiCC refuses to renew the Agreement for any additional one-year period, it shall so notify the Member at least sixty (60) days prior to the termination date of the current Agreement. In the absence of such notice, the Member may renew the Agreement each year for an additional one-year period by paying the annual premium prior to the termination date of the current Agreement. K. Participation In Unexpended Funds. 1. Cancellation. In the event LIMRiCC cancels the Agreement with a Member, the Member shall receive a pro-rata refund of the amount it has paid for coverage for the period of time that it does not receive coverage. The Member shall also participate in the first five-year
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distribution after its cancellation of coverage under the Agreement, to the extent of ten percent (10%) of a five-year Member’s distribution for each full year of coverage. 2. Membership for Five or More Years. Members who have participated for five (5) years shall receive a distribution of unexpended funds within four (4) months after the end of the fifth (5th) year as follows: Member’s Payment to the Fund X Unexpended X 40% Total Payments to the fund Balance (Less Refunds)
After each additional five years of membership, Members who have participated for additional five years of Membership shall receive a distribution of unexpended funds within four (4) months after the end of each fifth year period as follows: Member’s payment to the Fund X Unexpended Balance in X 40% Total payments to the fund excess of $2,000,000 (Less Refunds)
The Member shall be credited for the time of its participation in the Prior Self-
Insurance Agreement. 3. On Termination of the Program. On termination of the Program, all Members participating at that time shall receive
a distribution of unexpended funds based on the following formula: Payments to the Fund (Less Refunds) X Unexpended
Payments to all participating Members Funds (at that time) (less refunds) Provided, however, distribution will be deferred until all contingent liabilities have been resolved by LIMRiCC. LIMRiCC reserves the right to establish reserves necessary in its judgment for specific outstanding claims. These reserves shall be deducted from unexpended funds prior to any distribution thereof pursuant to this Paragraph K. L. Disputes. Any dispute not resolved by the efforts of the parties shall be adjudicated by filing of a declaratory judgment action in the Circuit Court of Cook County, Illinois. All parties hereto agree that, should such a need arise, every effort will be made to proceed as expeditiously as possible and, further, all parties hereto will submit to jurisdiction and venue in said forum.
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M. Prior Coverage. There shall be no interruption of coverage as a result of the transition from the Prior Self-Insurance Agreement. The Member’s share of unexpended funds in the prior self-insurance agreement as of May 31, 1993, will be transferred by Metropolitan Library System (formerly Suburban Library System) to the Member’s share under this LIMRiCC agreement. The period of time of the member’s participation in the prior Self-Insurance Agreement shall be credited to the Member under this LIMRiCC agreement. (Article II-k.2) ARTICLE III. EMPLOYEE BENEFIT INSURANCE PROGRAM. A. Purpose. It is the purpose of this agreement to create a program of LIMRiCC, namely, the Employee Benefit Insurance Program ("Program"). The Program shall consist of two (2) components: (1) the Purchase of Health Insurance Plan ("PHIP") and (2) the Self-Insured Health Insurance Plan ("SHIP"). The creation of the various funds and accounts established as part of this Program are not intended by the Members or LIMRiCC to constitute the transaction of an insurance business within the State of Illinois. The intent of the parties is to separately establish a benefits program and to utilize LIMRiCC to achieve reduced costs of administration and insurance purchases by providing similar services to all Members and to require the Members to pay for and share the costs of such benefits. 1. Purchase of Health Insurance Plan ("PHIP"). Through PHIP, LIMRiCC shall provide for the purchase, on behalf of its Members, of certain insurance coverage for employees, spouses and dependents ("Insured Participants") of Members, under the terms and conditions set forth herein and in the By-Laws of LIMRiCC as in effect from time to time. Through PHIP, LIMRiCC will arrange for the purchase on behalf of Members of various insurance products, including, but not limited to, the following: Life Insurance Benefits; Accidental Death and Dismemberment Benefits; Employee Assistance Program; Dental Insurance; and Vision Insurance.
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By arranging for the purchase of these insurance products on behalf of all Members, LIMRiCC can achieve savings in premiums. 2. Self-Insured Health Insurance Plan ("SHIP"). Through SHIP, LIMRiCC shall provide a self-insured health insurance plan that provides health insurance coverage, including prescription drug coverage, for Insured Participants of Members, under the terms and conditions set forth herein and in the By-Laws of LIMRiCC as in effect from time to time. By operating a self-insured health insurance plan on behalf of all Members, LIMRiCC can achieve savings in premiums. B. Authority. This agreement is authorized by the intergovernmental cooperation clause as set forth in Article VII, Section 10 of the Constitution of the State of Illinois; by 5 ILCS 220/6 et seq.; and by the provisions of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.) C. Member Contributions. Members shall be responsible for paying three (3) separate fees to LIMRiCC: (a) the Administration Fee, (2) the PHIP Benefit Fee, and (3) the SHIP Benefit Fee ("Member Contributions"). LIMRiCC will invoice each Member for the amount of Member Contributions due on a monthly basis based on the coverage elected by the Member's Insured Participants. Each Member shall remit its payment of its Member Contributions to LIMRiCC by the due date shown on LIMRiCC's invoice. D. Administration Fee. As part of its Member Contribution, each Member shall pay LIMRiCC an administration fee ("Administration Fee"). The purpose of the Administration Fee is to cover the costs and expenses LIMRiCC incurs as the organization that sponsors the Program, such as employee salaries, independent contractor fees, office space, and other institutional costs. The Administration Fee shall not cover the SHIP third-party administrator fees, broker fees, or other fees specific to either PHIP or SHIP, including, but not limited to actuarial fees, legal fees, audit fees, etc. Members shall pay the Administration Fee regardless of whether they have Insured Participants enrolled in PHIP, SHIP, or both. The Administration Fee shall be comprised of two (2) separate fees: (1) the Base Administration Fee and (2) the Participant Administration Fee.
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1. Base Administration Fee. The Base Administration Fee shall be a set fee per month, regardless of the number of Insured Participants the Member has enrolled in the Program or the number of benefits an Insured Participant receives. 2. Participant Administration Fee. The Participant Administration Fee shall be $5.50 per month for each Insured Participant the Member has enrolled in the Program, regardless of the number of benefits an Insured Participant receives.
3. Changes to the Base Administration Fee or Participant Administration Fee.
The Board of Directors has the authority to change any component of the Administrative Fee at any regular meeting of the Board of Directors, provided that all of the Members with Insured Participants of the Program have been provided with thirty (30) days notice of said meeting and of the proposed change to the Base Administration Fee and/or the Participant Administration Fee, which proposed change must be included on the meeting agenda. E. PHIP Benefit Fee. The PHIP benefit fee shall consist of the premium cost for each of the PHIP insurance products plus any additional amounts necessary, as determined by the Board of Directors, for expenses and costs associated specifically with each respective insurance product ("PHIP Benefit Fee"). A Member's total PHIP Benefit Fee shall be calculated, for each available PHIP insurance product, by multiplying the number of Insured Participants enrolled in a particular insurance product by the PHIP Benefit Fee for that particular insurance product. The Members shall only pay the PHIP Benefit Fee associated with the insurance products for which its Insured Participants are enrolled. F. SHIP Benefit Fee. Members with Insured Participants enrolled in SHIP shall be responsible for paying, as part of its Member Contributions, the premium cost of SHIP Coverage plus any additional amounts necessary for expenses and costs associated with operating SHIP ("SHIP Benefit Fee"). For the initial SHIP plan year, which is calendar year 2016, the SHIP Benefit Fee shall be determined by a majority vote of the Members at the Fall 2015 Meeting. For all subsequent SHIP plan years, the SHIP Benefit Fee shall be determined by the Board of Directors. To determine the SHIP premium cost, the Board of Directors shall consult with the SHIP third party administrator to obtain a suggested premium amount. To determine all other expenses and costs associated with SHIP, the Board of Directors shall
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consult with the Executive Director to determine the appropriate other expenses and costs. The Board of Directors may adjust the suggested premium amount and any other fees or costs, in its discretion, to determine the final SHIP Benefit Fee. The Board of Directors may adjust the suggested premium amount from the SHIP third party administrator based on prior, current, or anticipated changes to claims, cash flow, and LIMRiCC membership, and any other factor in its discretion. Similarly, the Board of Directors may adjust the suggested expenses and costs based on its discretion. Unless decided otherwise in the Board of Directors' discretion, when determining whether to adjust the suggested premium amount, or any other expenses or costs of SHIP, the Board of Directors shall attempt to maintain a balance in the SHIP Account that is sufficient to pay approximately six (6) months of regular and ordinary claims without receipt of further SHIP Benefit Fees. In the event that the Board of Directors should fail to approve the amount of the SHIP Benefit Fee for any given plan year, the SHIP Benefit Fee shall be equal to 115% of the total expected cost as provided by the third-party administrator for the SHIP Benefit Fee. G. Program Fund. LIMRiCC shall maintain one (1) fund for the Program (the "Program Fund"). The Program Fund shall have separate accounts for PHIP and SHIP (the "PHIP Account" and "SHIP Account" respectively). 1. Withdrawal of Administration Fees. All Administrative Fees shall be deposited to the Program Fund, and LIMRiCC shall withdraw the Administrative Fees thereafter to pay all appropriate costs and expenses. 2. Initial SHIP Account Balance. In order to start SHIP, a balance will be required in the SHIP Account to pay claims. As such, LIMRiCC will deposit the current balance of the Purchase of Health Insurance Program, which is approximately $1.2 million dollars, into the SHIP Account as an initial contribution. During the initial SHIP plan year, the Board of Directors may also require, in its discretion, Members to pay SHIP Benefit Fees for the first two months of the calendar year in advance in order to ensure the SHIP Account maintains a sufficient balance, provided that all of the Members with Insured Participants enrolled in SHIP have been provided with notice of the requirement of the advance payment, which notice shall be provided at the Fall Renewal Meeting. In addition, the Board of Directors will vote on said advance payment at its meeting in December. The meeting agenda will include the advance payment as a motion to be acted on by the Board of Directors.
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H. SHIP Supplemental Benefit Fee. If (a) the SHIP Account is in jeopardy of not being able to pay claims or (b) the SHIP Account balance is not sufficient to pay approximately six (6) months of regular and ordinary claims without further SHIP Benefit Fees, the Board of Directors may increase the SHIP Benefit Fee during a SHIP plan year, provided that all of the Members with Insured Participants enrolled in SHIP have been provided with fourteen (14) days notice of the reason for the increase in the SHIP benefit fee and of the meeting at which the Board of Directors will vote on such increase. I. Employee Qualification. Only Qualified Employees may become Insured Participants under the Program. To be a Qualified Employee for PHIP, an individual must be a full-time employee of a Member or be a part-time employee of a Member who works a minimum of twenty (20) hours per week and has one year of service with the Member. For SHIP, effective January 1, 2016, Qualified Employees shall include Full-Time employees of a Member. For purposes of SHIP, “Full-Time” shall mean the following: (1) for any Member that is an applicable large employer (as that term is defined under Code Section 4980H), full-time status may be determined using any permissible method under Code Section 4980H; and (2) for any Member that is not an applicable large employer, “full-time” shall mean 30 hours or more per week, on average; provided, however, that employees who work less than thirty (30) hours per week may continue to be Qualified Employees if they have been continuously enrolled in health insurance coverage with LIMRiCC prior to the establishment of SHIP. If such an employee terminates participation in SHIP, the employee cannot reenroll unless he/she becomes a full-time employee and works a minimum of thirty (30) or more hours per week on average at the time of reenrollment. Members may set stricter requirements for their employees to be eligible for the Program, except that Members are required to provide and pay for life insurance for all full-time employees unless a full-time employee specifically opts out of the life insurance benefit. Members must provide LIMRiCC with documentation of its requirements for eligibility either in the form of a written policy or resolution authorized by the Member’s Board and documentation that substantiates that each of its Insured Participants is a bona fide Qualified Employee by January 15 of each year. In addition, each Member is required to provide LIMRiCC with a monthly listing of any new employees, newly eligible employees, terminated employees or any other qualifying event by the tenth of the month. Members must certify to LIMRiCC that all of its Insured Participants are bona fide Qualified Employees. Each Member agrees to indemnify and defend LIMRiCC for any claims, damages, liabilities, losses, judgments, settlements, taxes, or fines resulting from an employee of the Member being enrolled in the Program without satisfying the requirements to be a Qualified Employee. J. Claims.
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Any claim for benefits under a PHIP insurance policy shall be made to the insurance company; and if this claim is denied, any appeal therefrom shall follow the insurance company's claims review policy. Any claims for benefits under SHIP shall be administered by the third-party administrator and any appeal therefrom shall follow the third-party administrator’s policy. All claims decisions made by the third party administrator shall be respected by LIMRiCC and final. Each Member agrees to indemnify and defend LIMRiCC for any claims, damages, liabilities, losses, judgments, settlements, taxes, or fines resulting from any claims dispute regarding SHIP benefits or any claims made against LIMRiCC. K. Mandatory Member Meetings. LIMRiCC shall hold two (2) mandatory member meetings every year: (1) the Spring Renewal Meeting and (2) the Fall Renewal Meeting. LIMRiCC shall provide fourteen (14) days notice to Members of the agenda and of all matters to be addressed at each mandatory member meeting. The Spring Renewal Meeting shall be held on or before May 31st of each year to evaluate the operation of the Program and (a) discuss the PHIP insurance products that will be purchased by LIMRiCC on behalf of the Members for the next policy period and corresponding PHIP Benefit Fees and (b) discuss the SHIP benefits for the next policy period, plan changes, if any, and corresponding SHIP Benefit Fees, as well as the status of the SHIP Account and its ability to pay claims. The Fall Renewal Meeting shall be held on or before October 15th of each year to finalize and vote on (a) the Membership Contributions and (b) the benefits provided by PHIP and SHIP for the following year. A final decision regarding Membership Contributions, PHIP benefits and fees, and SHIP benefits and fees shall be made by a majority vote of the Board of Directors at its September meeting. Each Member must have at least one (1) representative (Library Director/Administrator, other administrators, or his/her designee) in attendance, either in person or via electronic attendance, both Renewal Meetings. Beginning with plan year 2017, Members will be subject to a $150 fee for failing to have at least one (1) representative present at a Renewal Meeting, with said fee doubling for each additional Renewal Meeting where at least one (1) representative is not present. If a Member fails to attend all renewal meetings for a period of two (2) years, the Board will terminate the Member from the Program. The Executive Director or his/her designee shall attend the Renewal Meetings. Each Member may have more than one representative attend. L. Powers and Duties of LIMRiCC.
The powers of LIMRiCC to perform and accomplish the purposes set forth in this
Agreement shall be the following and shall be exercised through the Board of Directors:
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1. To purchase PHIP insurance products on behalf of the Members; 2. To organize and operate SHIP, including the hiring of a third party administer; 3. To determine all necessary fees for the operation of PHIP and SHIP, including any increase or supplemental SHIP fees; 4. To terminate any Member for failure to perform obligations and duties as required by this Agreement or as otherwise permitted; 5. To retain brokers, actuaries, consultants or other professionals, who shall provide faithful performance of their respective duties and responsibilities and shall provide acceptable insurance coverage for errors and omissions; 6. To purchase stop loss or other additional insurance plans to limit the potential liability of LIMRiCC and to include any fees or expenses associated with said additional insurance in the SHIP Benefit fee; 7. To employ agents, employees and independent contractors, including legal counsel; 8. To collect the Membership Contributions from the Members; 9. To recommend to Members programs and educational materials relating to claim management and reduction and to carry out educational and other programs relating to claim management and reduction; 10. To enter into written contracts to procure necessary services, supplies, insurance and/or property necessary to accomplish the purposes of the Program; 11. LIMRiCC shall not be responsible for the validity of any insurance policy issued hereunder, nor for the failure of the insurance company to make the payments provided for under any insurance policy, or for the action of any person which may delay, or render null and void or unenforceable, in whole or in part, any insurance policy issued under this Program; and 12. To carry out such other activities as are necessarily implied or required to carry out the purposes of the Program.
M. Powers and Duties of Members. It is the responsibility of the Member to select suitable insurance coverages for its employees and their respective spouses and dependents from the coverages available under the Program. The rights and conditions with respect to coverage and benefits under such insurance and the self-insured plan shall be determined by the respective insurance policies
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and plan, which policies and self-insured plan documents shall be incorporated herein by reference; and LIMRiCC shall have no liability for insurance benefits under PHIP. In the event of a conflict between the terms of this Program and (a) the terms of a PHIP insurance policy which is then being used in conjunction with this Program or (b) the terms of the SHIP plan document, the terms of said insurance policy and/or the SHIP plan document shall control as to those Members whose employees, and their respective spouses and dependents are receiving insurance coverage and benefits. For this purpose, the insurance policy and SHIP plan document shall control in defining: 1. The persons eligible for insurance coverage; 2. The dates of their eligibility; 3. The conditions which must be satisfied to become insured, if any; 4. The benefits to be provided; and 5. The circumstances under which such insurance terminates. N. Late Payments. If a Member is more than ten (10) days late in paying any Membership Contribution, said Member will be responsible for paying a late fee equal to five percent (5%) of said Membership Contribution. All late fees shall be deposited into the PHIP Account or SHIP Account according to the ratio of PHIP Benefit Fees to SHIP Benefits Fees paid by the Member. If a Member fails to make Membership Contributions for a period of three (3) months, the Board may vote to terminate the Member in accordance with Section O, Term of the Program. O. Term of the Program. LIMRiCC has been operating a purchase of health insurance program since on or about March 1, 1994 for the purchase of health insurance and other insurance products. This revised Article III and Program amends LIMRiCC's purchase of health insurance program and shall become effective on the 1st day of December, 2015, provided that by such date there are no less than twenty (20) Members of LIMRiCC who have elected in writing to participate in the Program, and shall continue in effect thereafter until terminated. 1. Termination of Membership by Member. Members shall have the right to cancel participation in the Program by providing 120 days written notice to the Board of Directors, in care of the Executive Director.
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2. Termination of Membership by LIMRiCC.
If a Member has a Membership Contribution that is three (3) months past due, the Board may vote to terminate the Member from the Program, provided however that LIMRiCC has provided a thirty (30), sixty (60), and seventy-five (75) days notice to the Member stating (a) the amount due, (b) the due date, and (c) the termination date. A Member may also be terminated for failure to attend the mandatory meetings, as set forth in Section K. In addition, the Board may terminate a Member for failure to perform any other required duty or obligation, after giving at least thirty (30) days notice and an opportunity to cure the alleged failure. Regardless of the reason for termination, LIMRiCC shall be responsible for any claims incurred before the termination date, provided that the terminated Member does not have any past due Member Contributions. If the Member has past due Member Contributions, all unpaid claims of the Member's Insured Participants shall be the responsibility of the Member. 3. Termination of Program. The Program shall be terminated if the Board of Directors determines, in its sole discretion, that the termination of the Program is necessary or in the best interests of the Members. In addition, the Program shall also terminate upon the enactment of any State or Federal law and/or a final determination by a court of competent jurisdiction, after all appeals have been exhausted or time for appeal has expired, that the Program is invalid or otherwise contrary to law. In the event the Program is terminated, the Board of Directors shall:
1. Set an effective date for termination and provide notice of termination to Members at least ninety (90) days prior to the effective date; 2. Collect all Member Contributions; 3. Cause to be paid all claims incurred prior to the effective date of termination provided that such claims are submitted for payment within one year of the date on which they are incurred provided that all Member Contributions have been made by the Member. If assets are not sufficient to pay all such claims, claim payments may be reduced and paid pro rata until all assets are exhausted. 4. Pay all administrative expenses and other liabilities of LIMRiCC in connection with the Program. 5. If the assets of LIMRiCC are not sufficient to satisfy LIMRiCC's liabilities with respect to the Program, the Board of Directors may charge each current Member and each former participating Member who was a participating Member at any time during the twelve (12) month period prior to the effective date of
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termination a supplemental Member Contribution in an amount that is equal to the amount of such shortfall multiplied by a fraction, the numerator of which is the amount of Member Contributions required of the former participating Member or the Member during the twelve (12) months prior to the effective date of termination and the denominator of which is the amount of total Member Contributions from all former participating Members and Members during the twelve (12) months prior to the effective date of termination. The Board of Directors shall not be obligated to make claim payment unless and until the shortfall is paid as provided herein. 6. Prior to termination, the Board of Directors shall make adequate provision for the maintenance of the records of the Program, which shall be retained for ten (10) years after the effective date of termination.
4. Refund of SHIP Benefit Fee upon SHIP Termination. Upon the termination of SHIP for any reason, each Member with Insured Participants enrolled in SHIP at the time of SHIP's termination shall receive a refund of its SHIP Benefit Fees (the "SHIP Refund") from the fund balance, if any. The SHIP Refund shall be calculated for each Member as follows:
A. LIMRiCC shall remove any Administration Fees from the SHIP Account; B. The remaining SHIP Account Balance shall be multiplied by the Member Fraction; C. The Member Fraction shall be a fraction where the numerator is equal to the SHIP Benefit Fees paid by the Member in the last twelve (12) months and the denominator is equal to the total SHIP Benefit Fees paid by all Members with Insured Participants enrolled in SHIP in the last twelve (12) months; and D. The resulting amount shall constitute the Member's SHIP Refund.
The SHIP Refund shall be paid within a reasonable time of the termination of SHIP, as determined in the discretion of the Board of Directors. Any amounts owed by a Member to LIMRiCC at the time of SHIP's termination shall be deducted from said Member's SHIP Refund and retained by LIMRiCC. 5. Obligations of Terminated Members. The obligation of LIMRiCC to administer claims incurred under the Plan prior to the effective date of termination or voluntary withdrawal for a terminated Member shall continue for claims that are filed within 90 days after such effective date. Members who have either been terminated or have voluntarily withdrawn are required to make all Member Contributions and supplemental payments during such 90-day period. P. Rights and Obligations of Members.
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The rights of each Member of LIMRiCC shall include the following:
1. To enforce the obligations of LIMRiCC as set forth herein as a contractual obligation. This contract may be enforced in a court of law either by LIMRiCC itself or by any of its Members. The consideration for the obligations imposed herewith shall be based upon the mutual promises and agreements of the Members set forth herein. 2. No member agrees or contracts herein to be held responsible for any claims in tort or contract or otherwise made against any other Member. Members intend in the creation of LIMRiCC to establish an organization for the purchase of health insurance and other insurance products as stated herein within the scope herein set forth, and have not created as between Members any relationship of surety, indemnification or responsibility for the debts of or claims against any Member.
The obligations of each Member of LIMRiCC shall include the following:
1. To make all payments of Membership Contributions and any other payments to LIMRiCC as established in its By-Laws and this Agreement, including but not limited to late fees and supplemental benefit fees. 2. To hold an open enrollment meeting annually to provide education to the Member's Qualified Employees regarding the Program's benefits. 3. To allow LIMRiCC reasonable access to all facilities of the Member and all records relating to benefits, claims, and the financial obligations of the Member to LIMRiCC. 4. To report to LIMRiCC as promptly as possible all claims made to it within its benefit program as administered by LIMRiCC. 5. To furnish full cooperation with LIMRiCC's attorneys, Executive Director and any agent, employee, officer or independent contractor of LIMRiCC relating to the purposes and powers of LIMRiCC. 6. To act promptly and within a reasonable period of time on all matters requiring approval or action by Members and to not withhold such approval unreasonably or arbitrarily. 7. To follow in the operations of the Member all procedures established by LIMRiCC within its purposes and powers, including, but not limited to, the use of release forms, posting of notices, participation in educational and record-keeping programs, limitations on activities offered, and the use of loss prevention techniques and devices.
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8. In the event that LIMRiCC shall be required to expend funds for administrative, legal or other operating costs, or to take other actions required under this Agreement or its By-Laws, the Member shall pay its share of the amounts so expended as provided in the By-Laws. 9. To appropriate or budget annually its liabilities under the LIMRiCC Program or Programs in which the Member participates. 10. To review all notices sent by LIMRiCC. 11. To attend all mandatory member meetings as set forth in Section K hereof. 12. During its participation in SHIP, a Member shall only exclusively provide to its employees, except independent contractors, or those in union-sponsored programs, the health benefits provided through SHIP. 13. In the event LIMRiCC should in error pay any benefit claims, administrative fees, or other charges on behalf of a Member, which it was not obligated to pay, the Member shall, upon thirty (30) days' written notice, reimburse LIMRiCC for the amounts improperly paid. 14. In the event that a Member should sue LIMRiCC or any of its Directors, Officers, or employees, or agents regarding any issue related to this Article III and should not be the prevailing party in that suit, said Member shall, as part of its contractual obligation to LIMRiCC, pay the reasonable attorneys' fees and other costs and expenses expended by LIMRiCC in defending against that suit. 15. This Agreement and LIMRiCC's Bylaws are not intended to create or provide any rights in third-parties, including, but not limited to, any Qualifying Employees or Insured Participants.
Q. Liability of LIMRiCC, Its Officers and Directors. The members of the Board of Directors and the officers and employees of LIMRiCC shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties hereunder. They shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor; nor for any loss incurred through investment of LIMRiCC funds or failure to invest. They may participate in indemnification and self insurance programs. No Director, officer or employee shall be liable for any action taken or omitted by any other Director or officer. Board members, officers and employees of LIMRiCC shall be indemnified and held harmless by LIMRiCC for claims by third parties arising out of the good faith discharge of duties related to the Program. The liability of LIMRiCC, its officers and Directors is limited solely to the proceeds of payments of Members. The funds of each insurance program, i.e. those established under
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Articles I, II and III are kept separate and accounted for separately. Claims in each such separate insurance program are limited to the funds of that separate program. If any claim or action not covered by insurance is instituted against a Director, officer or employee of LIMRiCC allegedly arising out of an act or omission occurring within the scope of his or her duties, LIMRiCC shall at the request of them: 1. Appear and defend against the claim or action; and 2. Pay or indemnify the Director, officer or employee for a judgment and court costs based on such claim or action, provided there shall be no indemnification for any portion of a judgment representing an award of punitive or exemplary damages; and 3. Pay or indemnify the Director, officer or employee for a compromise or settlement of such claim or action providing the settlement is approved by the Board of Directors of LIMRiCC. The term "Director, officer or employee" shall include former Directors, officers and employees. This indemnification resolution shall not apply if the Board of Directors finds that the claim or action is based on malicious, willful or criminal claim or action is based on malicious, willful or criminal misconduct. In such case the action to be taken by the Board of Directors will be determined after an investigation of the facts. R. By-laws. The Program is subject to the current By-Laws of LIMRiCC. A copy of the current By-Laws of LIMRiCC is posted on LIMRiCC’s website. S. Notices. All notices of claims or any other notice required to be given pursuant to the Program, shall be sent by certified mail and/or electronic mail. To notify LIMRiCC, members shall use the following mailing address:
LIMRiCC PO Box 1016 Orland Park, IL 60462
and the following email address: [email protected] Each Member shall designate an individual to receive notices from LIMRiCC regarding the Program and provide LIMRiCC with current contact information for said individual,
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including mailing address and email address. If such addresses change, any party hereto may designate in writing to the other parties pursuant to the provisions of this Section the new contact information and address. ARTICLE IV. RIGHTS AND OBLIGATIONS OF MEMBERS.
A. The obligations of each Member of LIMRiCC shall include the following:
1. To allow LIMRiCC reasonable access to all facilities of the Member and all records relating to claims and the financial obligations of the Member to LIMRiCC.
2. To furnish full cooperation with LIMRiCC’s attorneys, claims
administrator with any agent, employee, officer or independent contractor LIMRiCC relating to the purposes and powers of LIMRiCC.
3. To follow in the operations of the Member all loss reduction and
prevention procedures established by LIMRiCC within its purposes and powers, including, but not limited to, the use of release forms, posting of notices, participation in educational and record-keeping programs, limitations on activities offered, and the use of loss prevention techniques and devices.
4. In the event that LIMRiCC shall be required to expend funds for
administrative, legal or other operating costs, or to take other actions required under this Agreement or its BY-Laws, the Member shall pay its share of the amounts so expended as provided in the By-Laws.
5. To make other payments to LIMRiCC as established in the By-
Laws.
6. To appropriate or budget annually its liabilities under the LIMRiCC Programs.
B. Rights of Members. Rights of each Member of LIMRiCC shall include the following:
1. To enforce the obligations of LIMRiCC as set forth herein as a contractual obligation. This contract may be enforced in a court of law either by LIMRiCC itself or by any of its Members. The consideration for the obligations imposed herewith shall be based upon the mutual promises and agreements of the members set forth herein.
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2. Except as provided in Article II-F, no Member agrees or contracts
herein to be held responsible for any claims in tort or contract or otherwise made against any other Member. Members intend in the creation of LIMRiCC to establish an organization for joint risk management only within the scope herein set forth and have not created as between Members any relationship of surety, indemnification or responsibility for the debts of or claims against any Member.
3. Where rights of Members to participate in benefits are dependent on
the length of time of participation, the Member shall be credited for its participation in the predecessor programs of the Metropolitan Library System (formerly Suburban Library System).
ARTICLE V. LIABILITY OF LIMRICC, ITS OFFICERS AND DIRECTORS. The members of the Board of Directors and the officers and employees of LIMRiCC shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties hereunder. The shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor; nor for any loss incurred through investment of LIMRiCC funds or failure to invest. They may participate in indemnification and self-insurance programs. No Director, officer or employee shall be liable for any action taken or omitted by any other Director or officer. The liability of LIMRiCC, its officers and Directors is limited solely to the proceeds of payments of Members and proceeds of any insurance provided by LIMRiCC. The funds of each insurance program, i.e. those established under Articles I, II, and III are to be kept separate and accounted for separately. Claims in each such separate insurance program are limited to the funds of that separate program. If any claim or action not covered by insurance is instituted against a Director, officer or employee of LIMRiCC allegedly arising out of an act or omission occurring within the scope of his or her duties, LIMRiCC shall at the request of the Director, officer or employee:
(a) appear and defend against the claim or action; and (b) Pay or indemnify the Director, officer or employee for a judgment and court
costs based on such claim or action, provided there shall be no indemnification for any portion of a judgment representing an award of punitive or exemplary damages; and
(c) pay or indemnify the Director, officer or employee for a compromise or
settlement of such claim or action providing the settlement is approved by the Board of Directors of LIMRiCC.
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The term Director, officer or employee shall include former Directors, officers and employees. This indemnification resolution shall not apply if the Board of Directors finds that the claim or action is based on malicious, willful or criminal misconduct. In such case, the action to be taken by the Board of Directors will be determined after an investigation of the facts. ARTICLE VI. BY-LAWS. A certified copy of the By-Laws of LIMRiCC has been furnished to the Member. ARTICLE VII. NOTICES. All notices of claims or any other notice required to be given pursuant to this agreement, shall be sent by certified mail and shall be addressed to: LIMRiCC P.O. Box 1016 Orland Park, Illinois 60462 And to: ARTICLE VIII. FORMER PARTICIPATION OF METROPOLITAN
LIBRARY SYSTEM (FORMERLY SUBURBAN LIBRARY SYSTEM).
LIMRiCC is the successor in interest to Metropolitan Library System (formerly Suburban Library System) as the contracting party under the Unemployment Compensation Program and the Joint Self-Insurance Program. Rights and liabilities of Metropolitan Library System (formerly Suburban Library System) is not a contractual participant under the programs. ARTICLE IX. AMENDMENTS. The Board of Directors may, in the following manner, amend the "By-Laws of the Library Insurance Management And Risk Control Combination (LIMRiCC)" at any time and from time to time to add a new provision or change or remove an existing provision: (a) The Board of Directors shall adopt a Resolution setting forth the proposed amendment and the date on which the amendment is to become effective, and directing that the proposed amendment be submitted to each LIMRiCC Member that will be affected by the proposed amendment. (b) LIMRiCC shall give to each LIMRiCC Member that will be affected by the proposed amendment written notice of the proposed amendment, including the text of the proposed amendment and the date on which the amendment is to become effective,
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together with a ballot for voting to approve or disapprove the proposed amendment. Such notice shall be given not less than 60 days and not more than 90 days before the proposed effective date of the amendment, either via electronic mail or U.S. mail. If mailed, such notice shall be deemed to have been delivered on the second day after the day on which it is deposited in the United States mail, addressed to the Member at its address on the records of LIMRiCC, with postage prepaid. (c) Each LIMRiCC Member must return its ballot to LIMRiCC on or before 5:00 PM on the proposed effective date of the amendment. (d) The proposed amendment shall be adopted upon receiving the affirmative vote of at least two-thirds of the LIMRiCC Members entitled to vote on such amendment. (e) Any number of amendments may be submitted to the LIMRiCC Members and voted upon by them at one time. (f) A LIMRiCC Member that has timely voted against the adoption of a proposed amendment may, within 60 days after the effective date of the proposed amendment, elect to withdraw from the LIMRiCC Program(s) affected by the new amendment, but only if the amendment materially and adversely affects the Member. (g) Any LIMRiCC Member that is entitled to elect to withdraw from the LIMRiCC Program(s) in question is precluded from challenging the new amendment that creates the right of withdrawal, unless the adoption of the amendment is fraudulent with respect to the Member or with respect to LIMRiCC, or constitutes a breach of a fiduciary duty owed to the Member. (h) A LIMRiCC Member that is entitled to elect to withdraw may do so only if the Member deliver its written election to LIMRiCC within the said 60-day period. (i) Notwithstanding anything to the contrary in this Article, the withdrawal of a Member shall not affect any existing claim(s) in favor of LIMRiCC against the withdrawing Member, or in favor of the withdrawing Member and against LIMRiCC. ARTICLE X. POWERS OF BOARD OF DIRECTORS. The Board of Directors may approve additional contracted services to be performed by LIMRiCC staff for other libraries, intergovernmental entities and governmental entities and the revenue from such services will be used to keep overall administrative costs lower for all LIMRiCC members. Dated this _____day of _____________, 20 ___. By:
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President
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (to be signed by the LIMRiCC Board President) LIBRARY INSURANCE MANAGEMENT AND RISK CONTROL COMBINATION (LIMRiCC) Dated this ______ day of _______________, 20 ___. By: President Document number: 355971 – rvd 11.4.15
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RESOLUTION PROVIDING FOR THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE LIBRARY INSURANCE MANAGEMENT AND RISK CONTROL COMBINATION (“LIMRICC”)
BE IT RESOLVED by the Board of __________________ (hereinafter referred
to as the “Library”) as follows:
1. AUTHORITY: This Resolution is adopted pursuant to the Intergovernmental
Cooperation clause of the Constitution of the State of Illinois, the Intergovernmental
Cooperation Act, the Library Systems Act, and the Illinois Public Library District Act (or
the Illinois Local Library Act where applicable).
2. FINDINGS:
A. The Library Insurance Management and Risk Control combination
(LIMRiCC) has heretofore been established by Intergovernmental Agreement
among existing public libraries and library systems to provide the following
programs:
1. The unemployment compensation program;
2. The employee benefits insurance program;
A copy of the Intergovernmental Agreement providing for these programs is
attached hereto as Exhibit A.
B. It is in the best interests of the Library to participate in such of the above
programs as are indicated by a checkmark in the appropriate box.
3. AUTHORIZATION: That the President and Secretary of this Library are,
therefore, authorized and directed to execute an Intergovernmental Agreement
providing for risk management and authorizing Membership in LIMRiCC for the
programs hereinabove indicated, the Intergovernmental Agreement to conform
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substantially to the Intergovernmental Agreement attached hereto as Exhibit A and
effective on December 1, 2015.
Adopted this _____ day of _______________, 20 ____.
pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
(Enter Name of Library)
Its President
Attest:
Its Secretary
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Memo: PrairieCat/ICMA-RC Administrative Agreement and Resolution
To: PrairieCat Delegates Assembly
From: Carolyn Coulter, PrairieCat Director
Date: January 31, 2017
The following Administrative Agreements and resolution will allow PrairieCat to create a
401(a) retirement plan for our staff upon independence in FY19. The plan as configured will
vest existing employees at 100%, and mandate a 10% employer contribution and a 4.5%
employee contribution to the plan. A further plan for new (post-independence) employees,
which will vest on a 5 year scale (year 1: 20%, year 2: 40$, year 3: 60%, year 4: 80%,
year 5: 100%) will be added later.
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Memo: PrairieCat/RAILS IGAs for Services and Staff Separation
To: PrairieCat Delegates Assembly
From: Carolyn Coulter, PrairieCat Director
Date: January 31, 2017
The following IGAs reflect two major agreements between PrairieCat and RAILS. The first,
the IGA for Services, outlines the FY19 in-kind and monetary assistance that RAILS will
provide to PrairieCat. Detail is given regarding services that RAILS will perform for
PrairieCat and the responsibilities of both parties.
The second agreement outlines the parameters for RAILS/PrairieCat staff separation in
FY19. Detail regarding the transition of leave is provided.
Both documents have been reviewed and approved by both RAILS and PrairieCat legal
representatives.
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THIS AGREEMENT is entered into this 1st day of July, 2018, by and between the Reaching Across Illinois Library System, a body politic and corporate (hereinafter referred to as “RAILS”) and PrairieCat (“PrairieCat”), an Illinois intergovernmental entity (hereinafter referred to as “PrairieCat”) (hereinafter collectively referred to as the “Parties”). WHEREAS, RAILS is an Illinois Library System established pursuant to Illinois law; and WHEREAS, PrairieCat is an intergovernmental entity established via Intergovernmental Agreement to provide automated library services; and WHEREAS, Local Library System Automation Programs (LLSAPs) are shared library management systems that are supported by RAILS and that are open to membership by all types and sizes of RAILS member libraries, and PrairieCat is one of the Local Library System Automation Programs of RAILS; and WHEREAS, RAILS and PrairieCat desire to enter into this Agreement to obtain and provide automated library services as set forth herein; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Act provide authority for intergovernmental cooperation, and Section 5 of the Act, 5 ILCS 220/5, specifically provides authority for the formation and execution of intergovernmental contracts; and
WHEREAS, RAILS and PrairieCat have each authorized the execution of this Agreement pursuant to the authority granted to them by the Illinois Constitution and the Intergovernmental Cooperation Act. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth in this Agreement, the Parties do hereby agree as follows: Section 1: Incorporation of Recitals The foregoing recitals are hereby incorporated herein and made a part of this Agreement. Section 2. Term and Termination of Agreement This Agreement shall be effective on July 1, 2018 and will be in place until June 30, 2019, unless terminated by mutual written consent of both Parties or by either Party upon one hundred twenty (120) days’ written notice to the other Party. RAILS shall be responsible for payment to PrairieCat for fees incurred through the termination date.
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Section 3: Services and Costs
Contingent upon state funding, RAILS shall provide the services set forth in Appendix A. PrairieCat will provide the services set forth in Appendix B. The Cost and Financial Responsibility as allocated between the Parties are set forth in Appendix C. The Appendices (A through C) are exhibits to this Agreement and are incorporated herein. Section 4: Insurance PrairieCat will provide all insurance for its employees and will procure insurance that covers all equipment it owns against risks of loss or damage for an amount equal to the replacement cost of the equipment. RAILS will provide all insurance for its employees and will procure insurance for all equipment and vehicles that it owns against risks of loss or damage for an amount equal to the replacement cost of the equipment or vehicles. Each entity will provide workers compensation for their own employees. PrairieCat is not covered by any RAILS cyber security insurance policy, and may decide to procure its own if it wishes. Section 5: Limitation of Liability/Damages A. ANY SPECIFICATION, DESCRIPTION, OR OBJECTIVE IN THIS AGREEMENT CONCERNING THE OPERATION OF THE INTEGRATED LIBRARY SYSTEM (“ILS”) IS A STATEMENT OF THE UNDERSTANDING OF THE PARTIES AS TO THE DESIGN AND SERVICE OBJECTIVES OF THE ILS, AND DOES NOT CREATE AN EXPRESS OR IMPLIED WARRANTY THAT THE ILS DOES OR WILL ALWAYS CONTINUE TO OPERATE AS DESCRIBED. B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER RAILS NOR ITS OFFICERS, BOARD MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO OR THROUGH THE LLSAP MEMBERS FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT (WITH THE EXCEPTION OF PERSONAL INJURY AND PROPERTY DAMAGE DIRECTLY CAUSED BY WILLFUL AND WANTON CONDUCT OR FOR WHICH NO STATUTORY OR COMMON LAW IMMUNITY EXISTS), INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF SERVICES UNDER THIS AGREEMENT, AND ANY AMENDMENTS THERETO, OR THE PROVISION, USE OR OPERATION OF THE ILS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT AND ANY AMENDMENTS THERETO, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. C. NEITHER PARTY TO THIS AGREEMENT, INCLUDING THEIR OFFICERS, BOARD MEMBERS, EMPLOYEES AND AGENTS, SHALL BE LIABLE IN ANY WAY FOR DELAYS, FAILURE IN PERFORMANCE, LOSS OR DAMAGE DUE TO FORCE MAJEURE CONDITIONS OR CAUSES BEYOND SUCH PARTY’S REASONABLE CONTROL. D. ANY ACTION IN LAW OR IN EQUITY ARISING FROM OR IN CONNECTION WITH ANY MATTER UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED, EXCEPT CLAIMS FOR DAMAGES WHICH MAY BE COVERED UNDER THE ILLINOIS TORT IMMUNITY ACT.
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E. EXCEPT AS SET FORTH EXPRESSLY IN THIS AGREEMENT, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE BY RAILS. F. THE TERMS AND CONDITIONS IN THIS SECTION 5 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 6: Assignment Neither Party shall have the right to assign their respective rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Section 7: Amendments; Waivers This Agreement and the rights created by this Agreement may not be amended, modified, or waived in any respect except by written agreement expressly referring to this Agreement and duly and validly authorized, executed, and delivered by the Parties. Section 8: Relationship of the Parties RAILS shall act as an independent contractor with respect to the provision of the services pursuant to this Agreement. Nothing in this Agreement is intended, or shall be construed or applied, to create the relationship of principal and agent, employer and employee, partners, or joint ventures between RAILS and PrairieCat. No employer/employee relationship shall be created by this Agreement between PrairieCat and any RAILS employee providing services under the terms of this Agreement. Section 9: Governing Law The Parties agree that because this Agreement is to be performed in Illinois, the laws of the State of Illinois shall govern the Parties in the interpretation of this Agreement, the State in which the Agreement has deemed to have been executed and delivered. Section 10: Severability The provisions of this Agreement are severable if any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law; such decision shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either Party may terminate this Agreement forthwith, upon the delivery of written notice of termination of the other Party. Section 11: Notices All notices permitted regarding this Agreement shall be transmitted only by personal delivery or by First Class, Certified, or Registered United States mail to the following persons at the addresses stated:
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To RAILS: Executive Director Reaching Across Illinois Library System 125 Tower Drive Burr Ridge, Illinois 60527 To LLSAP: PrairieCat Director PrairieCat 220 W. 23rd Ave Coal Valley, IL 61240 or to such address or such other parties as the Parties may from time to time designate by notice as provided herein. Notice shall be deemed effectively given as of the date which is two (2) business days following the date of postmarking by the U.S. Postal Service or as of the date of delivery, if delivered personally or by hand delivery. Section 12: Entire Agreement It is understood and agreed that the entire agreement of the Parties is contained herein and that this Agreement supersedes all oral agreements in negotiations between the Parties relating to the subject matter hereof. Section 13: Successors This Agreement shall be binding upon successors of the Parties. Section 14: Authority Each of the Parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its respective obligations hereunder and that such obligations shall be binding upon such Party without the requirement of the approval or consent of any other person or entity in connection herewith. Section 15: Execution in Counterparts This Agreement may be executed in counterparts. Facsimile signatures shall be sufficient.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly designated officers on the day and year set forth on the first page hereof. PrairieCat REACHING ACROSS ILLINOIS LIBRARY SYSTEM _________________________________ Emily Porter
_________________________________ Deirdre Brennan
PrairieCat Chair Executive Director, RAILS Attest By: _________________________________
Attest By: _________________________________
Susanna Ludwig Kate Hall PrairieCat Secretary
RAILS President
Date:_____________________________ Date:_____________________________
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Appendix A –SERVICES PROVIDED BY RAILS Contingent upon state funding, RAILS shall provide the services required for the integrated library system (“ILS”) as set forth here. Where used herein, the term staff refers to RAILS employees performing work for the LLSAP. The following services shall be provided by RAILS to PrairieCat: IT Support
1. Provide support to PrairieCat staff for technical issues during RAILS business hours. 2. Manage, or contract to provide, the data facility used by PrairieCat, including providing
uninterrupted power services, fire suppression system, cleaning, and security. 3. Maintain Internet connectivity and the Local Area Network (“LAN”), including network security. 4. Provide and maintain email services for PrairieCat help desk support and LLSAP staff, including
protection against spam. 5. Provide website services as needed by PrairieCat. 6. Provide hardware and software for all staff who perform services for the ILS, including the
operating system and all required office applications. 7. Provide printer and copier equipment and support. 8. Provide remote telecommuting access for staff to the RAILS network. 9. Provide help desk ticketing software for PrairieCat operations as needed by PrairieCat. 10. Provide remote network monitoring of PrairieCat equipment and website as needed by
PrairieCat.
Facility
1. House the equipment and staff at its own expense. 2. When needed to provide member support or technical support, allow PrairieCat staff access to
RAILS facilities outside of normal business hours and on holidays. 3. Procure and pay for office supplies and postage. 4. Pay utility costs such as electricity, gas, and water. 5. Contract, pay for and manage facility telecommunications, including but not limited to data
lines, facility phones, phone system support contracts, and phone equipment. 6. Assume all costs associated with PrairieCat’s relocation to a different facility selected by RAILS,
including but not limited to moving, acquiring furniture, network infrastructure, space planning, and moving consultation. RAILS will provide at least 120 days written notice to PrairieCat prior to any relocation.
Financial Services
1. RAILS shall provide accounting services (billing, accounts payable, accounts receivable, reports, and financial statements) following the RAILS chart of accounts. The accounting services include, but are not limited to, the following:
a. Billing PrairieCat member libraries for fees, purchases, credits, and services provided by PrairieCat to its member libraries.
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b. Financial reconciliation and documentation for PrairieCat’s operating budget. c. Audit support; providing the chosen auditor with requested documents and reports. d. Penalties or fees incurred as a result of an accounting delay or error by RAILS will be the
sole responsibility of RAILS. e. Supply information as needed for preparation of PrairieCat draft and final budgets.
Bibliographic Services Contingent upon the development of a new service or arrangement with the Illinois State Library to replace OSMOSIS from The MARC of Quality, RAILS shall pay for the periodic batchloading of holdings information to a bibliographic utility. IT Support
1. Implementation of and technical support for the wide area network (WAN) used by PrairieCat member libraries for their connection to the ILS.
a. Provide escalated on-call remote support to PrairieCat during nonbusiness hours when member libraries are open.
b. Assist with the planning and deployment of any ILS software enhancements. c. Assist with PrairieCat ILS and network equipment, which includes firewall, VPN
hardware and software, printers, computer workstations, routers, or other network appliances affiliated with the PrairieCat network.
d. Assist with member library equipment used in conjunction with the ILS, such as firewall/VPN equipment or printers.
e. Work directly with outside vendors as needed, in consultation with PrairieCat staff, to resolve problems for libraries.
Vehicles
1. Contingent upon PrairieCat independently seeking and purchasing auto liability insurance and naming RAILS as additional insured, RAILS will provide access to system vehicles for in-state LLSAP-related travel for PrairieCat staff. Travel reimbursement by RAILS may be substituted when system vehicles are unavailable.
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Appendix B – SERVICES PROVIDED BY LLSAP PrairieCat will be a Local Library System Automation Program option for libraries located within the boundaries of RAILS or otherwise affiliated with it. The LLSAP will:
1. Work with RAILS and other LLSAPs to: a. Ensure the ability of all LLSAPs to meet the needs of their members. b. Increase the prevalence of automation and the use of shared bibliographic catalogs by
RAILS members by actively participating in marketing and other efforts. c. Develop services that will further resource sharing throughout RAILS by providing staff,
technical expertise, and assistance when needed. d. Develop streamlined, cost-effective procedures and services.
2. Provide feedback and participate in LLSAP strategic and long-range planning with RAILS. 3. Provide feedback on RAILS decision making on issues that affect the LLSAPs. 4. Submit a Financial Sustainability Plan demonstrating PrairieCat’s actual and/or contingency
plans for independence from RAILS in-kind and financial support in the event that funding becomes unavailable. Detailed guidelines will be supplied by RAILS before December 31, 2017 and the report shall be submitted by June 30, 2018.
5. Promote RAILS events and communications. 6. Comply with all RAILS and Illinois State Library reporting requirements resulting from its
designation as a Local Library System Automation Program, such as information for the Illinois State Library annual system report and reporting on RAILS member visits.
7. Actively participate in collaborative projects among consortia and/or with RAILS. 8. Be open to membership by all sizes and types of libraries within RAILS. 9. Require RAILS membership by primary agency. 10. Govern itself in accordance with its bylaws. 11. Develop service policies and provide operational guidance. 12. Arrange and pay for the annual audit of funds held in PrairieCat’s bank accounts. 13. Arrange and pay for insurance for PrairieCat-owned property and digital records, and for
PrairieCat officers. 14. Pay for ILS and related third-party vendor costs, including but not limited to maintenance,
hardware, software, subscriptions, and ILS consulting. 15. Work toward expanding access to digital content, including, but not limited to, ebooks, while
working within licensing and other relevant technical limitations.
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Appendix D – COST OF SERVICES For the services provided by PrairieCat (as set forth in Appendix B), and contingent upon PrairieCat hiring its own employees, RAILS shall pay $588,542 to PrairieCat in FY2019. This amount may be adjusted by mutual written agreement between RAILS and PrairieCat at least ninety (90) days before the adjustment takes effect. Invoices charged back to PrairieCat must be approved by the PrairieCat Director or PrairieCat’s Administrative Council before being paid by RAILS. Payment will be made quarterly, upon receipt of advance billing by PrairieCat.
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Appendix E – FINANCIAL RESPONSIBILITY DETAIL
Financial Responsibility
Acct Code Description
LLSAP Operating
Budget
RAILS General
Fund Notes
Expenses
5000 Salaries, Library Professional X
5010 Salaries, Professional X 5020 Salaries, Supportive X 5030 Social Security taxes X
5040 Unemployment insurance X
5050 Workers comp. X
5060 IMRF (retirement benefits) X
5070 Health, dental & life insurance X
5080 Other fringe benefits X 5090 Temporary help X 5100 Recruiting X 5110 Print materials X 5120 Nonprint materials X 5130 E-resources X 5140 Rent / Lease X 5150 Utilities X
5160 Property insurance X X
PrairieCat is responsible for procuring appropriate insurance to cover its owned assets; RAILS is responsible for procuring insurance for its owned assets.
5170 Facility repairs and maintenance X
5180 Janitorial services and supplies X
5190 Other buildings and grounds X
5200 Fuel X
5210 Vehicle repairs and maintenance X
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Financial Responsibility
Acct Code Description
LLSAP Operating
Budget
RAILS General
Fund Notes
5220 Vehicle insurance X X
PrairieCat use of RAILS vehicles is contingent on PrairieCat independently seeking and purchasing auto liability insurance with RAILS named as additional insured.
5230 Vehicle leasing and rent X
PrairieCat use of RAILS vehicles is contingent on PrairieCat independently seeking and purchasing auto liability insurance with RAILS named as additional insured.
5240 Other vehicle expenses X
PrairieCat use of RAILS vehicles is contingent on PrairieCat independently seeking and purchasing auto liability insurance with RAILS named as additional insured.
5250 In-state travel X X
Shared responsibility. RAILS will budget for auto and fuel expenses; PrairieCat is responsible for reimbursement of lodging, meals, and other travel expenses to PrairieCat staff.
5260 Out-of-state travel X PrairieCat is responsible for travel expenses for its own staff.
5270 Registration & other fees X
PrairieCat is responsible for conference and workshop registration for its own staff.
5280 Continuing education & meetings/other X
LLSAP is responsible for paying for training not provided by RAILS staff, and related expenses, such as training provided by ILS vendor, hospitality expenses, etc.
5290 Public relations X X
PrairieCat is responsible for PrairieCat-specific public relations; RAILS is responsible for materials promoting LLSAP membership in general.
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Financial Responsibility
Acct Code Description
LLSAP Operating
Budget
RAILS General
Fund Notes
5300 Liability insurance/bond X X
PrairieCat is responsible for procuring appropriate insurance to cover its officers; RAILS is responsible for other liability insurance related to its operation.
5310 Computers, software, and supplies X X
PrairieCat is responsible for ILS-related technology; RAILS provides network, desktop, and staff support
5320 Office supplies X 5330 Postage X 5340 Binding N/A N/A 5350 Library supplies N/A N/A 5360 Delivery supplies X 5370 Other supplies X
5380 Telephone (includes data, fax, and cell phones)
X
5390 Equipment rental X
5400
Equipment repair/maintenance (includes maintenance agreements)
X X
PrairieCat is responsible for ILS-owned equipment repair/maintenance; RAILS is responsible for all other equipment repair/maintenance.
5410 Legal X X Requesting entity is responsible for legal fees.
5420 Accounting/bank service charge X X
Used for audit charges. PrairieCat is responsible for charges related to its own annual audits; RAILS is responsible for charges related to its annual audits
5430 Consulting X X
PrairieCat is responsible for ILS-related consulting; RAILS is responsible for general IT consulting, as well as consulting for facility changes.
5435 Payroll service fees X X
PrairieCat is responsible for payroll services for PrairieCat employees. RAILS is responsible for payroll services for RAILS employees.
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Financial Responsibility
Acct Code Description
LLSAP Operating
Budget
RAILS General
Fund Notes
5440 Contractual staff X X
PrairieCat is responsible for contractual staff hired for PrairieCat-specific projects; RAILS is responsible for contractual staff hired to provide RAILS service to PrairieCat.
5450 Information services costs X PrairieCat is responsible for all
information services costs.
5460 Agreements with systems, members, others
X
5470 Outside printing X X
PrairieCat is responsible for outside printing of PrairieCat-specific materials; RAILS is responsible for printing materials promoting LLSAP membership in general.
5480 Other contractual services X X
PrairieCat is responsible for contractual services for PrairieCat-specific projects; RAILS is responsible for contractual staff hired to provide RAILS service to LLSAP.
5500 Memberships X PrairieCat is responsible for its institutional memberships in ILS-related groups.
5510 Miscellaneous X X
Used for bank service charges. PrairieCat is responsible for charges related to its own bank accounts; RAILS is responsible for charges related to its accounts and for lock boxes for receipt of fees paid by PrairieCat members.
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE REACHING ACROSS ILLINOIS LIBRARY SYSTEM AND PRAIRIECAT
THIS AGREEMENT is entered into this ___ day of ______ 2017, by and between the Reaching Across Illinois Library System, a body politic and corporate (hereinafter referred to as "RAILS") and PrairieCat, an Illinois intergovernmental entity, (hereinafter referred to as “PRAIRIECAT”) (hereinafter collectively referred to as the "Parties").
WHEREAS, RAILS is an Illinois Library System established pursuant to Illinois law; and
WHEREAS, PRAIRIECAT is an intergovernmental entity established via Intergovernmental Agreement to provide automated library services and is transitioning, effective July 1 , 2018, employees to operate their automated library services program; and
WHEREAS, RAILS and PRAIRIECAT desire to enter into this Agreement to provide for this transitioning of employees who provide the automated library services from RAILS to PRAIRIECAT; and
WHEREAS, RAILS and PRAIRIECAT are units of local government as provided in Article VII of the 1970 Illinois Constitution or public agencies as defined by the Illinois Intergovernmental Cooperation Act (the “Act”), 5 ILCS 220/1 et seq.; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Intergovernmental Cooperation Act provide authority for intergovernmental cooperation, and Section 5 of the Act, 5 ILCS 220/5, specifically provides authority for the formation and execution of intergovernmental contracts; and
WHEREAS, RAILS and PRAIRIECAT have each authorized the execution of this Agreement pursuant to the authority granted to them by the Illinois Constitution and the Intergovernmental Cooperation Act.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth in this Agreement, the Parties do hereby agree as follows:
Section 1: Incorporation of Recitals
The foregoing recitals are hereby incorporated herein and made a part of this Agreement.
Section 2: Effective Date
This Agreement shall be deemed dated and become effective on the date the last of the Parties execute this Agreement as set forth below.
Section 3: Transition of Employees and Leaves
As of July 1, 2018, the Parties hereto agree to the transitioning of staff members who have been servicing the PRAIRIECAT Local Library System Automation System (LLSAP), employed until June 30, 2018 by RAILS, and from July 1, 2018 and thereafter by PRAIRIECAT. In relation to that transition, on or about June 22, 2018, RAILS will provide to PRAIRIECAT a preliminary list of those employees, together with a listing of their remaining, unused vacation leave that has accrued and a listing of their remaining, unused sick leave days that have accrued. On or before July 10, 2018, RAILS will provide a final listing indicating the unused vacation leave and unused sick leave as of June 30, 2018. PRAIRIECAT will transfer
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up to five (5) days of vacation leave and all sick leave for each transitioning employee. No other leave time that has accrued by a RAILS employee will be transferred by PRAIRIECAT.
Section 4: Employment Policies
Each Party will comply with its respective adopted Employment Policies with respect to the transitioning employees and will comply with all applicable state and federal law.
Section 5: Limitation of Liabilities
EXCEPT AS SET FORTH IN SECTIONS 6 AND 7 BELOW, NEITHER PARTY TO THIS AGREEMENT, INCLUDING THEIR OFFICERS, BOARD MEMBERS, EMPLOYEES AND AGENTS, SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT (WITH THE EXCEPTION OF PERSONAL INJURY AND PROPERTY DAMAGE DIRECTLY CAUSED BY WILLFUL AND WANTON CONDUCT), INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE TRANSITION OF EMPLOYMENT UNDER THIS AGREEMENT, AND SPECIFICALLY TO THE TERMINATION AS OF JUNE 30, 2018 OF RAILS' EMPLOYMENT OR INITIATION OF EMPLOYMENT BY PRAIRIECAT, PURSUANT TO THIS AGREEMENT OR ANY AGREEMENT BETWEEN THE PARTIES AND ANY AMENDMENTS THERETO, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
Section 6: RAILS Indemnification of PRAIRIECAT
RAILS shall indemnify and hold harmless PRAIRIECAT and its officers, board members, agents and employees, with respect to any claim or loss, including, but not limited to, attorney's fees, costs and expenses of litigation, claims and judgments in connection with any and all claims for damages of any kind which may arise, either directly or indirectly, out of the acts or omissions of RAILS or its officers, board members, agents, employees, consultants or contractors, pursuant to this Agreement.
Section 7: PRAIRIECAT Indemnification of RAILS
PRAIRIECAT shall indemnify and hold harmless RAILS and its officers, board members, agents and employees, with respect to any claim or loss, including, but not limited to, attorney's fees, costs and expenses of litigation, claims and judgments in connection with any and all claims for damages of any kind which may arise, either directly or indirectly, out of the acts or omissions of PRAIRIECAT or its officers, board members, agents, employees, consultants or contractors, pursuant to this Agreement.
Section 8: Assignment
Neither Party shall have the right to assign their respective rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.
Section 9: Amendments; Waivers
This Agreement and the rights created by this Agreement may not be amended, modified, or waived in any respect except by written agreement expressly referring to this Agreement and duly and validly authorized, executed, and delivered by the Parties.
Section 10: Relationship of the Parties
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RAILS and PRAIRIECAT shall act as independent parties with respect to the provisions of this Agreement. Nothing in this Agreement is intended, or shall be construed or applied, to create the relationship of principal and agent, employer and employee, partners, or joint ventures between RAILS and PRAIRIECAT. No employer/employee relationship shall be created by this Agreement between a PRAIRIECAT employee and any RAILS employee under the terms of this Agreement.
Section 11: Governing Law
The Parties agree that because this Agreement is to be performed in Illinois, the laws of the State of Illinois shall govern the Parties in the interpretation of this Agreement, the State in which the Agreement has deemed to have been executed and delivered.
Section 12: Severability
The purposes of this Agreement are severable if any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law; such decision shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either Party may terminate this Agreement forthwith, upon the delivery of written notice of termination of the other Party.
Section 13: Notices
All notices permitted regarding this Agreement shall be transmitted only by personal delivery or by First Class, Certified, or Registered United States mail to the following persons at the addresses stated:
To RAILS:
Executive Director
Reaching Across Illinois Library System
125 Tower Drive
Burr Ridge, Illinois 60527
To LLSAP:
Director
PRAIRIECAT
220 W. 23rd Street
Coal Valley, IL 61240
or to such address or such other parties as the Parties may from time to time designate by notice as provided herein. Notice shall be deemed effectively given as of the date which is two (2) business days following the date of postmarking by the U.S. Postal Service or as of the date of delivery, if delivered personally or by hand delivery.
Section 14: Entire Agreement
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It is understood and agreed that the entire agreement of the Parties is contained herein and that this Agreement supersedes all oral agreements in negotiations between the Parties relating to the subject matter hereof.
Section 15: Successors
This Agreement shall be binding upon successors of the Parties.
Section 16: Authority
Each of the Parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its respective obligations hereunder and that such obligations shall be binding upon such Party without the requirement of the approval or consent of any other person or entity in connection herewith.
Section 17: Execution in Counterparts
This Agreement may be executed in counterparts. Facsimile signatures shall be sufficient.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly designated officers on the day and year set forth below.
PRAIRIECAT:
____________________________
<Name>
PrairieCat Administrative Council Chair
Attest By:
____________________________
<Name>
PrairieCat Secretary
Date:________________________
RAILS:
____________________________
Deirdre Brennan
Executive Director
Date:________________________
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Memo: PrairieCat Sexual Harassment Policy Resolution
To: PrairieCat Delegates Assembly
From: Carolyn Coulter, PrairieCat Director
Date: January 31, 2017
Administrative Council adopted the following resolution regarding sexual harassment at the Jan. 5th meeting. This resolution was mandated by the Illinois General Assembly by Public Act 100-0554.
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