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Transcription

PLACE:
BOARD ROOM – ADMINISTRATION BUILDING
25 CHURCHILL AVENUE, PALO ALTO, CALIFORNIA
DATE:
TIME:
TUESDAY, OCTOBER 14, 2008
5:30 P.M. – CLOSED SESSION
6:30 P.M. OPEN SESSION
PALO ALTO UNIFIED
SCHOOL DISTRICT
BOARD OF EDUCATION
AGENDA
REGULAR MEETING
Board of Education meetings are cablecast live on cable services CHANNEL 28 and webcast live on
http://communitymediacenter.net/watch/schedules Board materials are available for review on the district web site at
http://www.pausd.org/community/board/agenda.shtml or at the District Office, 25 Churchill Avenue, Palo Alto, CA 94306.
Should you need special accommodations to participate in the meeting, please contact the Superintendent’s Office at 650.329.3737
or [email protected] Community members wishing to address the Board are allotted THREE minutes per speaker. Should
more than 20 people wish to address any one topic, the Board may elect to allot a shorter time per speaker. Materials presented at
the Board meeting will be copied and provided to Board members after the meeting.
Additional instructions are listed on the back page of this agenda.
I.
OPENING
A. Call to Order
B. Recess to Closed Session (Conference Room A)
5:30 p.m.
Action
Anyone wishing to address the Board regarding Closed Session items may do so at this time.
Items listed below may be discussed in closed session. Items [√] marked are scheduled for
discussion at this meeting. All proceedings are reported to the public in open session where
action is taken or staff is given direction.
[ ] 1. Employee Evaluation pursuant to Government Code §54957
[√] 2. Employee Appointment/Employment pursuant to Government Code §54957 Superintendent
[ ] 3. Liability Claims pursuant to Government Code §54961
[√] 4. Conference with Labor Negotiator, Dr. Scott Bowers, regarding PAEA, CSEA, and
Non-represented groups pursuant to Government Code §54957.6
[√] 5. Conference with Real Property Negotiator pursuant to Government Code §54956.8 –
Dr. Bob Golton, CBO – Garland School, 870 N. California Ave., Palo Alto, CA 94303
[ ] 6. Employee Discipline/Dismissal/Release pursuant to Government Code §54957
[ ] 7. Anticipated Litigation pursuant to Government Code §54956.9
C. Reconvene in Open Session (Board Room)
D. Approval of Agenda Order
II.
REPORTS
6:30 p.m.
Action
Information
1
A. Staff and Student Successes
B. Student Board Representative Reports
C. Superintendent’s Report
10.14.08
Page 1
III.
APPROVAL OF CONSENT CALENDAR
Action
These items are considered routine and will be approved in one action without discussion. If a
Board member requests an item be removed from the Calendar or a citizen wishes to speak to an
item, it will be considered under Action Items.
A. Certificated Personnel Actions
Consent
2
Consent
3
Consent
4
Consent
5
Consent
6
Consent
7
Consent
8
Consent
9
Consent
10
Discussion
11
Discussion
12
It is recommended the Board approve the certificated personnel actions as presented.
B. Classified Personnel Actions
It is recommended the Board approve the classified personnel actions as presented.
C. Approval of Minutes
It is recommended the Board approve the minutes of September 23 and 25, 2008.
D. Approval of Warrants
It is recommended the Board approve the warrants for September 2008.
E. Uniform Complaint (Williams Settlement and Valenzuela/CAHSEE Lawsuit Settlement)
Quarterly Report
The Board reviews this item prior to submission to the County Office of Education, although no
action is required.
F. Authorization to Enter into Amendment No. 1 to the Master Agreement with DLM Architects
for High School Master Planning Services
Staff is recommending execution of Amendment 1 to the master agreement with DLM Architects to
update the master plans for Gunn and Palo Alto high schools--$97,500, plus reimbursable
expenses and a change order contingency of ten percent ($9,750). This item was discussed at
the September 23, 2008, meeting.
G. Palo Alto High School Aquatic Center Lighting Project
This item proposes the purchase of lights from Musco Lighting and to competitively bid the
installation for approximately $100,000. This item was discussed at the September 23, 2008,
meeting.
H. Authorization to Enter into a Contract with Verde Design for Landscape Architectural
Services Related to Fields at Palo Alto High School
It is recommended the Board approve a contract with Verde Design for services related to the
fields at Palo Alto High School at a cost not to exceed $25,030. This item was discussed at the
September 30, 2008, special meeting.
I. Authorization to Provide an Additional Change Order Allowance for the O. C. Jones and
Sons, Inc. Contract for the Gunn and Palo Alto High School Synthetic Turf Installation and
Gunn Lower Field Improvements Project
It is recommended the Board approve an additional 4 percent change order for O. C. Jones and
Sons, Inc. for the Gunn and Palo Alto High School field projects or $186,320. This item was
discussed at the September 30, 2008, special meeting.
IV.
ACTION / DISCUSSION / INFORMATION ITEMS
A. Memorandum of Understanding (MOU) between Palo Alto Unified School
District (PAUSD) and Palo Alto Management Association (PAMA)
It is recommended the Board approve the MOU between PAUSD and PAMA to provide a good
framework for establishing clear expectations and support for the management staff.
B. Proposed School Calendars for 2009-2010 and 2010-2011
Staff is presenting draft calendars after meetings held with Palo Alto Educators Association,
California School Employees Association, and the District. This was presented for information
item on September 23. Action is proposed for the October 28 regular meeting.
10.14.08
Page 2
C. Revision of Board Policy 6011 – School Size and Enrollment
Discussion
13
Information
14
Discussion
15
Information
16
Discussion
17
Discussion
18
Discussion
19
Discussion
20
This is the second reading of a proposed revision to the policy on school size. This item was
discussed at the regular meeting of September 23, and action is planned for October 28, 2008.
D. Assessment Report and Strategic Plan Goals
This is the second of a three-part series on assessment and measurable academic goals. A
PowerPoint presentation will be made at the meeting.
E. Resolution 2008-09.08 – Transfer of Territory
It is recommended the Board approve a resolution opposing the transfer of territory from the
Mountain View-Los Altos Union High School District and the Mountain View-Whisman School
District to PAUSD. Action is proposed for the October 28 regular meeting.
F. State Budget Update for 2008-09
This item presents the latest information regarding the state budget since its adoption and its
impact on PAUSD.
G. Authorization to Seek Bids for the Construction Renovation of the Industrial
Arts Building at Gunn High School
Three applications for matching funds were approved by the state for biotechnology, auto
technology, and engineering technology. Consequently, staff is requesting authorization to bid for
the construction/renovation of the Industrial Arts Building on the Gunn High School campus.
H. Student Nutrition Services Consultant Contract for 2008-09
A Request for Proposal for part-time student nutrition consulting services had one proposal from
Sodexo USA. Staff is recommending the Board approve the contract in the amount of $612,500.
I. Renewal of Student Teaching/Intern Agreements
It is recommended the Board authorize entering into student teaching/internship agreements with
twelve institutions.
J. Resolution 2008-09.07: Adoption of Appropriation Limits for 2007-08 and
2008-09
It is recommended the Board adopt a resolution to establish the Appropriation Limit for 2008-09
and to re-establish the Appropriation Limit for 2007-08 as required by state statute.
V.
OPEN FORUM
Anyone wishing to address the Board on non-agenda items may do so at this time. Comments
are taken as close to 8:30 p.m. as possible. Community members wishing to address the Board
are allotted THREE minutes per speaker. Should more than 20 people wish to address any one
topic, the Board may elect to allot TWO minutes per speaker. Additional instructions are listed on
the back page of this agenda.
VI.
BOARD MEMBERS’ REPORTS / CORRESPONDENCE / BOARD
OPERATIONS / RECOGNITION
This is an opportunity for Board members to address activities, correspondence, and operations
and to acknowledge or recognize specific programs, activities, or personnel.
A. Reports
B. Correspondence
C. Operations
•
Possible Future Board Agenda Items
Board members may suggest items for placement on future agendas.
Consensus
D. Acknowledgements and Recognition
10.14.08
Page 3
E. Board Calendar
A special meeting is scheduled for October 30, 2008, regarding elementary school SPSAs.
The next regular meeting is scheduled for October 28, 2008. Topics may include:

VII.
Resolution 2008-09.07: Adoption of Appropriation Limits for 2008-09 and 2009-10
Renewal of Student Teaching / Intern Agreements
Proposed School Calendars for 2009-10 and 2010-11
Uniform Construction Accounting Update
Consulting Agreement for Student Nutrition Services
Summer School Update for 2008 and Proposal for 2009
Memorandum of Understanding Between PAUSD and Palo Alto Management
Association
Resolution 2008-09.08: Opposition to Transfer of Territory
Revision of Board Policy 6011 – School Size and Enrollment
Measure A Budget
Authorization to Seek Bids for the Construction Renovation of the Industrial Arts Building
at Gunn High School
RECESS TO CLOSED SESSION (continued)
If the Board did not complete Closed Session items as listed in I.B., they will recess to closed
session to do so at this time.
VIII.
10.14.08
ADJOURN
Page 4
BOARD OF EDUCATION
Attachment:
PALO ALTO UNIFIED SCHOOL DISTRICT
Date:
TO:
Board of Education
FROM:
Kevin Skelly, Superintendent
SUBJECT:
Staff and Student Successes
Information
1
10.14.08
STRATEGIC PLAN INITIATIVE
Communication and Governance
Hilda Huang, a PAUSD middle school student, has received the Davidson Institute Fellowship
Scholarship in music. This young musician has received many awards for her piano and
harpsichord work. Hilda hopes to start a series of “I Love Bach” concerts. Her many
accomplishments include performances at Carnegie Hall and on NPR’s “From the Top.”
Angela Chen and Thomas Khavari, Gunn High School, have received the National Council of
Teachers of English Achievement Awards in Writing. Colleges will be notified, and they will be
candidates for a performance-based scholarship.
Anne Jensen, Gunn High School teacher, will be honored on October 18 with the Ordre des
Palmes Académiques by the French Ministry of Education. She will be honored in an induction
ceremony this month by the American Association of Teachers of French and the French
Consulate of San Francisco.
National Merit Scholarship Program
2009 Semifinalists
Last Name
Arnon
Bass
Belani
Bhadkamkar
Bhide
Brooks
Browne
Chan
Chen
Chen
Chin
Chung
Davis
Fisher
Hamilton
First Name
Erez
Dorsey M
Abhimanyu
Ishan
Monica C
Jess
Alexander
Kevin
Angela
Auster
Annie F
Eric M
Shaina E
David D
Emily G
School
Palo Alto High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
1
Last Name
Holmgren
Hsu
Hsu
Ingham
Jaffey
Kim
Kramer
Lapier
Levine
Lewis
Lewis
Li
Litt
Ma
Ma
Maliska
Mamin
Mayer
Morton
Morton
Nee
Qin
Rapperport
Russ-Navarro
Shenker
Shiffman
Sood
Su
Subramanian
Swart
Swernofsky
Targ
Tran
Vashchenko
Von Clemm
Wagner
Wang
Ward
Wein
Wong
Wu
Zhang
Zhang
Zhou
First Name
Justin L
Kevin P
Tammy M
Rosemary W
Aaron D
Christine J
Matthew M
Grace S
Nathaniel S
Avery F
Gabriel D
Dana
Andrew L
Gloria Y
Jocelyne
Andrew T
Adrienne L
Allegra C
Garrett
Victoria L
Alexander B
Tim
Emma F
Kyle I
Jacob Q
Nadav Z
Sabina
Ellen F
Kavitha
Elliot K
Joseph
Sasha
Vienna T
Yana V
Emmiliese
William P
Jeffrey T
Brendan A
Alexander S
Samuel W
Joe Z
Ruth
Tenny R
Kelly Y
School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
2
National Merit Scholarship Program
2009 Commended Students
Last Name
Abraham
Avis
Balaraman
Barnes
Beachy
Bellows
Berg
Blanchette
Bloch
Blumenfeld
Boehm
Bonnet
Borsos
Boyd
Brouillet
Buchman
Burch
Byrne
Carter
Chang
Choi
Chou
Christensen
Chu
Chun
Ciccarelli
Cohen
Coleman
Connolly
Cummins
Datta
Davies
Dholakia
Dwight
Forlenza
Fu
Garst
Georgis
Giang
Guan
Guttentag
Habu
Han
Heirich
First Name
Ann
Charles D
Nisha
Molly R
Christopher
Zachary D
Evan S
John
Michael
Zachary
Arman H
Valentin V
Alexander J
Nora L
Jeremy
Michael R
Elizabeth
Colin C
Jonathan E
Jessica
Seung Yeon
Aaron
Annika W
Jason A
Sara M
Anne P
Elena R
Allison
Sara G
Skyler P
Monica B
Oliver M
Meghna R
Haley C
Kimberly N
Alan
Emma
Martha
Tiffany M
Jennifer X
Alexandra
Shohei P
Timothy J
Kyra R
School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
3
Last Name
Hsueh
Irpan
Jackson
Johnson
Kadifa
Kahn
Kaye
Ke
Kent
Khavari
Kim
Kitanidis
Koo
Kuo
Lee
Lee
Lefebvre
Lewis
Lui
Mast
Mathre
Mc Leod
Mercer
Miller
Moss
Nakamura
Narayen
Ornaf
Palmon
Parekh
Peng
Podlesnik
Polivanaya
Prasad
Ram
Raymakers
Reid
Richardson
Rotman
Roy
Ryan
Sauer
Schwartz
Scott
Setel
Shaker
Sharma
First Name
Donald J
Emory H
Emily A
Noah C
George P
Justin
Aaron J
Lisa M
Nolan R
Thomas A
Scott H
Elpida
Wesley P
Jessica
Edward
Eunyoung
Marie L
Eli R
Gillian V
Ryan A
Huian K
Ryan B
Malyn A
Avi W
Garrett
James I
Shravan S
Aleksander W
Noa
Mira
Helen
Emma B
Veronica I
Aakash
Megha
Sonya E
Joanne E
Ella C
Yonatan Z
Susha
Tan
Colleen D
Daniel E
Lincoln F
Benjamin
Isaac W
Siddharth
School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
4
Last Name
Sheats
Sheih
Shou
Shubat
Simanovskaia
Sneider
Souverneva
Steuer
Subramanian
Sun
Swart
Swight
Talbott
Tsukanov
Valencia
Wang
Watson
Wertheimer
Wilson
Wong
Xie
Yang
Yang
Yu
Zernik
Zhou
First Name
Ilana
Iris T
Kathryn
Michael L
Maria
Noah
Alexandra A
Emma
Aarthi
George S
Adam R
Haley C
Maya D
Viktoria
David I
Crystal
Caitlin A
Alice J
Ian E
Nolan L
Bowen
Connie
Lindsay L
Amy I
Adam S
Kathryn C
School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
Gunn High School
National Hispanic Recognition Program
2008-09 Finalists
Last Name
Valencia
First Name
David
School
National Achievement Scholarship Program
2009 Outstanding Participants Referred to Colleges
Last Name
Garcia
First Name
Olivia
School
5
BOARD OF EDUCATION
Attachment:
Date:
Consent
2
10.14.08
Certificated Personnel Items for the Meeting of: October 14, 2008
ACTION ITEMS:
I. APPOINTMENTS
NAME
EFF. DATE
NAME
EFF. DATE
ASSIGNMENT
Substitutes
None
Hourly
Bahrami, Mitra
King, Rebecca
Reed, Susan
Richardi, Deborah
NAME
3/1/08
4/7/08
9/8/08
8/25/08
ASSIGNMENT
Adult Education Teacher—Adult School
EFF. DATES
ASSIGNMENT
Short Term Assignment
None
NAME
EFF. DATE
ASSIGNMENT
TIME
EXP.
DEGREE
UNITS
EFF. DATE
ASSIGNMENT
TIME
EXP.
DEGREE
UNITS
STATUS
Temporary 0
None
NAME
STATUS
Temporary
None
Probationary 0
None
Probationary I
Probationary II
None
Special Contract
None
Other
None
II. LEAVES
NAME
POSITION
DURATION
TYPE
REASON
None
III. RESIGNATIONS ACCEPTED
NAME
EFF. DATE
ASSIGNMENT
REASON
YRS. OF SERVICE
IV. REDUCTION IN CONTRACT
NAME
None
PRESENT STATUS
NEW STATUS
EFFECTIVE
V. RELEASE OF TEMPORARY EMPLOYEES
NAME
EFF. DATE
ASSIGNMENT
TIME
REASON
None
VI. RELEASE OF PROBATIONARY EMPLOYEES
NAME
EFF. DATE
ASSIGNMENT
TIME
REASON
None
INFORMATION ITEMS:
I. CHANGE OF STATUS
NAME
Gilman, Sara
Gruner, Andrea *
PRESENT STATUS
NEW STATUS
Probationary 0 Library Media Teacher—
Fairmeadow
Teacher/J. L Stanford—90%
Probationary 1 Library Media Teacher—
Fairmeadow
Teacher/J. L Stanford—80% 1st semester
100% 2nd semester
Teacher/Music Travel Team—85%
Hebert, Ieva
Teacher/Music Travel Team—80%
* Correction of 8/26/08 Personnel Action.
RECOMMENDATIONS:
The Administration recommends approval of Certificated Personnel Action Items as presented.
(10/14/08)
–2–
EFF. DATE
9/5/08
8/21/08
8/21/08
BOARD OF EDUCATION
Attachment:
Date:
Consent
3
10.14.08
Classified Personnel Items for the Meeting of: October 14, 2008
ACTION ITEMS:
I. APPOINTMENTS
NAME
EFF. DATE
ASSIGNMENT
Regular
Adamo, Elizabeth
Chang, Steven
Estremera, Melissa
8/26/08
9/29/08
9/8/08
Figueroa, Ramón
Foster, Frances
Galey, Jennifer
8/26/08
8/26/08
8/26/08
Greenfield, Matthew
8/26/08
Hoopes, Karen
Kim, Jenney
Lee, Peggy
Lockner, Roberta
Lund, Melissa
8/26/08
9/22/08
9/8/08
9/3/08
8/26/08
Main, Carole
Markevitch, Pamela
Panayides, Nancy
Pham, Julie
8/26/08
8/26/08
8/26/08
8/26/08
Quan, Anh
8/26/08
Quan, Linh
Ricci, Mary
Sánchez Barrera, Jorge
Scott, Alexandra
Sliter-Ruiz, Francesca
Starks, Nirza
8/26/08
9/2/08
9/19/08
9/22/08
8/26/08
8/26/08
Walters, Karen
Washburn, Kelley
Williams, Erika
Williams, Veronica
8/26/08
8/26/08
10/6/08
8/26/08
NAME
Short-Term Assignments
Arias, Veronica
Bronstein, Adrienne
Divina, Bella
Fong, Jordan
Gorman, James
Gumbrecht, Christopher
Heddleston, Katherine
Helsaple, Hannah *
Kemnitz, Daniel
Le, Doris
Maldonado, Rebecca
Napolitano, Giovanni
EFF. DATES
(10/14/08)
Instructional Aide—Escondido
Student Attendant/Special Education—Terman
Instructional Aide—Barron Park
Campus Supervisor—Barron Park
Lunch Server-Record Keeper—Duveneck
Instructional Aide—Addison
Instructional Aide—Nixon
Campus Supervisor—Nixon
Instructional Aide—Addison
Campus Supervisor—Addison
Instructional Aide—Duveneck
Instructional Aide—Fairmeadow
Instructional Aide—Duveneck
Campus Supervisor—Duveneck
Instructional Aide—Palo Verde
Instructional Aide—Hays
Instructional Assistant—Escondido
Campus Supervisor—Gunn
Adult School Program Supervisor—Adult School
Campus Supervisor—Escondido
Instructional Aide—Briones
Student Attendant/Special Education—Jordan
Lunch Server-Record Keeper—Briones
8/26/08 – 2/22/09
8/26/08 – 6/11/09
8/26/08 – 2/22/09
8/15/08 – 11/15/08
8/15/08 – 11/15/08
8/15/08 – 11/15/08
8/18/08 – 10/30/08
7/1/08 – 1/30/09
8/15/08 – 11/15/08
8/15/08 – 11/15/08
8/15/08 – 11/15/08
8/18/08 – 10/30/08
TIME
STATUS
2 Hrs./Day
6 Hrs./Day
1.6 Hrs./Day
.6 Hrs./Day
1 Hr./Day
2.75 Hrs./Day
2.2 Hrs./Day
.8 Hrs/Day
3 Hrs./Day
.95 Hrs./Day
3.33 Hrs./Day
2.2 Hrs./Day
2.4 Hrs./Day
2 Hrs./Day
2.4 Hrs./Day
1 Hr./Day
3.51 Hrs./Day
2 Hrs./Day
2.7 Hrs./Day
3.2 Hrs./Day
.75 Hrs./Day
3.2 Hrs./Day
.75 Hrs./Day
3 Hrs./Day
2 Hrs./Day
8 Hrs./Day
8 Hrs./Day
3 Hrs./Day
2.4 Hrs./Day
.8 Hrs./Day
3.2 Hrs./Day
3.4 Hrs./Day
6 Hrs./Day
1 Hr./Day
N
N
N
ASSIGNMENT
Food Services Assistant I/Food Services—1 Hr./Day
Instructional Aide/Palo Alto—3 Hrs./Day
Food Services Assistant I/Food Services—1 Hr./Day
Assistant Coach—Gunn
Assistant Coach—Palo Alto
Instructional Aide/Science Resource Center—3.75 Hrs./Day
Assistant Coach—Palo Alto
1
N
N
N
N
N
N
N
N
N
R
N
N
N
N
N
N
N
N
N
N
R
N
N
N
NAME
EFF. DATES
ASSIGNMENT
Short-Term Assignments
Pascual, Eric
10/1/08 – 6/30/09 Custodian I/Addison—1 Hr./Day
Williams, Erika
8/26/08 – 10/3/08 Food Services Assistant I/Food Services—3 Hrs./Day
Wilson, Jekara
8/18/08 – 11/14/08 Assistant Coach—Palo Alto
Yoshida, Jun
8/15/08 – 11/15/08 Assistant Coach—Gunn
Revision of 6/24/08 Personnel Action – extend Short-term Assignment.
NAME
Hourly
Born, Eva
Carilli, Patrick
Chang, Tamara
Chu, Jennifer
DeCook, Krystal
Flynn, Kirsten
Fowler, Sherryl
Geiselhart, Karen
Griswold, Susan
Ishihara, Kozue
Keyani, Catherine
Lai, Mary
Perez, Jessica
Rowe, Leigh
Ryan, Michael
Sherer, Jennifer
Smith, Sheila Christine
Sontag, Carol
Tajima, Sawako
Thompson, Jill
Tran, Quy
Wilson, James
Yeakley, Harold
EFF. DATE
ASSIGNMENT
8/20/08
6/23/08 – 7/1/8/08
6/23/08 – 7/1/8/08
8/26/08
6/23/08 – 7/1/8/08
4/21/08
8/20/08
8/21/08
8/25/08
10/8/07
8/20/08
9/3/08
8/20/08
6/23/08 – 7/1/8/08
8/19/08
9/8/08
8/26/08
8/20/08
8/25/08
8/20/08
8/26/08
9/2/08
8/20/08
Student Assistant—Summer School
Student Assistant—Summer School
Instructional Aide—El Carmelo
Student Assistant—Science Resources
Adult Education Instructor—Adult School
Nurse Clinician—Health & Human Services
Primary Language Tutor—Various
Instructional Assistant—SPECTRA Art
Farm Aide—Summer School
Instructional Assistant—Jordan
Instructional Aide—Ohlone
Nurse Clinician—Health & Human Services
Substitute Clerical—Various
Sub-Campus Supervisor—Gunn
II. LEAVES
NAME
Rodriguez, Rosa
POSITION
DURATION
Custodian I—Palo Alto
10/1/08 – 11/2/08
REASON
Stay Home
III. TERMINATIONS
NAME
EFF. DATE
Brooke, Rechele
6/12/08
Dragavon, Annette
9/26/08
Frick, Joy
6/12/08
Gregg, Lee
10/3/08
Hsiao, Ya-Hsuan
9/17/08
Lee, Catherine **
6/12/08
Scheid, Hope
6/12/08
** Correction of 9/9/08 Personnel Action.
ASSIGNMENT
REASON
Instructional Aide—Hays
Health Technician—Gunn & Palo Alto
Student Attendant/Special Education—Duveneck
Student Attendant/Special Education—Duveneck
Correct name of former employee is Catherine.
Personal
Personal
Stay Home
Another Position
Another Position
To Study
Personal
RECOMMENDATIONS:
The Administration recommends approval of Classified Personnel Action Items as presented.
INFORMATION ITEMS:
I. CHANGE OF STATUS
NAME
EFF. DATE
Castaneda, Lina
10/1/08
Chang, Lily
8/26/08
(10/14/08)
STATUS
From:
To:
From:
To:
ASSIGNMENT
Custodian I/Ohlone—6 Hrs./Day
Custodian I/Ohlone—8 Hrs./Day
Instructional Aide/Ohlone—1 Hr./Day
Instructional Aide/Ohlone—2 Hrs./Day
2
YRS. OF SERVICE
6 Mos.
2 Yrs.
2 Yrs.
10 Yrs.
3 Weeks
6 Yrs.
1 Yr.
NAME
EFF. DATE
Crown, Monica
8/26/08
Doxsee, Elisabeth
8/26/08
Drebin, Vanessa
8/26/08
Estremera, Melissa
9/22/08
Fisher, Megan
8/26/08
Fletcher, Tamara
8/26/08
Foy, Mary
8/26/08
Gelfenbaum, Terry
8/26/08
Hassitt, Susan
8/26/08
Higgins, Jean
8/26/08
Holsinger, Carol
8/26/08
Horstmeyer, Micheline
8/26/08
Hoshizaki, Linda
8/26/08
Kalar, Kelly
8/26/08
Kapoor, Nisha
8/26/08
STATUS
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
Kemmerer, Carlene
9/8/08
Love, Amy
8/26/08
Mahpour, Lisa
8/26/08
Mann, Elizabeth ***
8/26/08
From:
To:
From:
To:
From:
To:
From:
To:
Mann, Patricia
8/26/08
Martin, Beth
8/26/08
McMahon, Mary
8/26/08
Nguyen, Minh-Trang
8/26/08
Nielsen, Deborah
8/26/08
Okamoto, Joni
8/26/08
Osoteo, Brenda ***
8/26/08
Paguirigan, Sarrie
8/26/08
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
(10/14/08)
ASSIGNMENT
Instructional Aide/Addison—3.95 Hrs./Day
Instructional Aide/Addison—4 Hrs./Day
Instructional Aide/Hays—1.65 Hrs./Day
Instructional Aide/Barron Park—1.6 Hrs./Day
Instructional Aide/El Carmelo—1.1 Hrs./Day
Instructional Aide/Fairmeadow—2 Hrs./Day
Instructional Aide/Fairmeadow—1 Hr./Day
Instructional Aide/Palo Verde—2.34 Hrs./Day
Instructional Aide/Palo Verde—1.17 Hrs./Day
Instructional Aide/Special Education/Hays—3.6 Hrs./Day
Instructional Aide/Special Education/Hays—3.6 Hrs./Day
Instructional Aide/El Carmelo—2 Hrs./Day
Food Services Assistant I—on Layoff
Food Services Assistant I/Terman—3 Hrs./Day
Student Attendant/Special Education/Hays—2.5 Hrs./Day
Student Attendant/Special Education/Hays—4 Hrs./Day
Account Clerk-Secretary/Palo Alto—2 Hrs./Day
Volunteer Services Assistant/Palo Alto—2 Hrs./Day
Student Attendant/Special Education/Nixon—3.6 Hrs./Day
Student Attendant/Special Education/Fairmeadow—2.8 Hrs./Day
Instructional Aide/Briones—3.4 Hrs./Day
Instructional Aide/Briones—1.6 Hrs./Day
Student Attendant/Special Education/Escondido—5.5 Hrs./Day
Student Attendant/Special Education/Escondido—5.8 Hrs./Day
Instructional Aide/Special Education/Addison—3 Hrs./Day
Instructional Aide/Special Education/Addison—3 Hrs./Day
3
NAME
EFF. DATE
Papakipos, Erika
8/26/08
Parce, Nancy
8/26/08
Reyes, Angelina
8/26/08
Rivelli, Jennifer
8/26/08
Sandhu, Ritu
8/26/08
Saxton, Joanne
8/26/08
Schulz, Christopher
8/26/08
Shorin, Michelle
8/26/08
Starr, Nancy
8/26/08
Sylvester, Mary
8/26/08
Vana, Barbara
8/26/08
Whitwer, Chikako
8/26/08
Wiser, Patricia ****
8/26/08
Yee, Ashley
8/26/08
STATUS
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
From:
To:
ASSIGNMENT
Instructional Aide/Gunn—5.5 Hrs./Day
Instructional Assistant/Gunn—6.5 Hrs./Day
Instructional Aide/El Carmelo—2 Hrs./Day
Instructional Aide/Addison—1 Hr./Day
Instructional Assistant/Nixon—5.8 Hrs./Day
Instructional Assistant/Nixon—3.8 Hrs./Day
Student Attendant/Special Education/Greendell—5.5 Hrs./Day
Campus Supervisor-Secondary/Transportation—2.5 Hrs./Day
Student Attendant/Special Education/Greendell—5.2 Hrs./Day
Student Attendant/Special Education/Escondido—6 Hrs./Day
Instructional Aide/Escondido—2 Hrs./Day
Campus Supervisor-Elementary/Escondido—1 Hr./Day
*** Revision of 9/23/08 Personnel Action
**** Revision of 8/26//08 Personnel Action
(10/14/08)
4
BOARD OF EDUCATION
Attachment
Date:
Consent
4
10.14.08
Complete tape recordings of most Board Meetings are available at 25 Churchill Avenue.
MINUTES FOR REGULAR MEETING OF SEPTEMBER 23, 2008
Call to Order
The Board of Education of Palo Alto Unified School District held a Regular Meeting in the Board Room at 25 Churchill
Avenue, Palo Alto, California. Dana Tom, President, called the meeting to order at 5:30 p.m.
Members present:
Mr. Dana Tom, President
Ms. Barb Mitchell, Vice President
Ms. Melissa Baten Caswell
Ms. Barbara Klausner
Ms. Camille Townsend
Others present:
Dr. Kevin Skelly, Superintendent
Dr. Scott Bowers, Assistant Superintendent
Mrs. Ginni Davis, Assistant Superintendent
Mr. Scott Laurence, Assistant Superintendent
Dr. Robert Golton, Chief Business Officer
Mrs. Cathy Mak, Chief Business Officer
Closed Session
The Board adjourned to closed session for Employee Appointment/Employment pursuant to Government Code 54957 –
Superintendent; and Conference with Labor Negotiator, Dr. Scott Bowers, regarding PAEA, CSEA, and Non-represented
groups pursuant to Government Code 54961.
Reconvene in Open Session
The Board reconvened in regular session at 6:32 p.m. in the Board Room. Tom announced the Board had taken no action
during closed session and that the Board would return to closed session following this open session.
Tom spoke of the death of a student named Travis Brewer, a Sophomore at Paly, who passed away the prior week.
Approval of Agenda Order
MOTION:
Townsend moved to approve the agenda order. Baten Caswell seconded. Motion carried 5-0.
Student Board Representative
Reports
Chirag Krishna, of Paly, discussed the loss of Travis Brewer, the first home football game, Club Day, staff development, and
textbooks.
Phil Park, of Gunn, discussed the Oracle, Club Day, Culture Nights, and the blood drive.
Superintendent’s Report
Skelly’s report featured a visit to Los Altos Hills, a Schools for Sound Finance Executive Board meeting, the November 14
regional basic aid districts meeting, planning for a new board training, and Paly football game.
Action
Approval of Consent Calendar
MOTION:
Action
2007-08 Ending Balance and
Budget Update for 2008-09
Mak said the only change in this report was the update on the state budget, as the Governor had just signed it. Detailed
budget revisions would be brought back to the next meeting.
Townsend moved to approve the consent calendar. Items included Certificated and Classified
Personnel actions; minutes of the two meetings held on September 9, 2008; and Certification of
Availability of Textbooks and Instructional Materials. Klausner seconded. Motion carried 5-0.
Board discussion included enrollment changes, upcoming modification of the district’s basic aid reserve policy at the
October Board meeting, retiree benefits liability, the district’s commitment to professional development, the uncertainty of
the current economic situation, attracting and retaining the best teachers, working conditions, and national economy issues.
Public Comment
Triona Gogarty, PAEA President, spoke on the need for the revision of the basic aid reserve policy. Reducing the reserve
policy would make more dollars available for staff salary, planning time, and parent conference time. She then asked the
teachers in the audience to stand, saying they asked to be recognized for their time.
MOTION:
Approved:
Townsend moved to approve the revisions to the 2008-09 budget as presented and to approve
the filings of the 2007-08 unaudited actual financial report to the County Superintendent of
Schools. Baten Caswell seconded. Motion carried 5-0.
Regular Meeting
September 23, 2008
Page 1
Information
Proposed School Calendars for
2009-10 and 2010-11
Bowers said the issue arising during the last calendar sequence involved the timing of finals to occur farther from winter
break so students would not feel obliged to study during the break and those involved in inter-district sports would not have
events during the break. The proposed 2009-10 calendar pushed the finals back to a later date in January. Feedback would
be gathered and brought back to the Board for discussion and action in October.
Board discussion included the intent of the language regarding the timing of first semester finals and assignments, the
possibility of making the language a Board policy, method of gathering input on the proposed calendar from people
including students, student opinions on the timing of mid-year finals, the government requirement to celebrate Veterans’
Day on November 11 if it occurs on a weekday, whether or not a three-day weekend following finals is enough time, getting
feedback from students and teachers following the break and new finals dates to determine success, and that many AP
classes already have finals before winter break.
Public Comment
Dan Dykwel, PTA Council President, said stress reduction was one of the goals of the PTA, and that this proposed calendar
represented the district’s strategic initiative related to student stress reduction.
Information
Enrollment Report 2008-09
Laurence thanked Margie Mitchell and her Central Attendance staff for their work in placing all students, the teachers for
welcoming all students, principals for opening and staffing classrooms on short notice, and school site staff for making the
first experience of new students as comfortable as possible. He then reviewed several tables in the Board report and gave a
slide presentation focusing on the following:
•
Enrollment summaries by grade level
•
Transfer students
•
Grade span growth
•
Enrollment forecast
•
Elementary class size
•
Ethnic and racial distribution
•
Overflows
•
Intra-district transfer matrix
Board discussion included residency investigations, locations of fourth and fifth grade overflow students, financial
challenges stemming from increased enrollment, the fact that enrollment projection is both an art and a science, how
staffing was handled at schools when enrollment was lower than projected, available enrollment growth funds resulting from
Measure A, handling growth during the school year, a request for a prediction of the number of new classrooms needed
across the district in the upcoming five years, as well as a list of classrooms added over the past five years, CBEDS
reporting in mid-November, the significance of growth at the elementary level, kindergarten growth representing 70% of the
district’s elementary enrollment growth, taking only two years to jump from 700 kids in kindergarten whereas it took 11 years
to jump from 600, and the handling of placement for late-registering students.
Open Forum
There were no requests to speak in open forum.
Discussion
Revision of Board Policy 6011 –
School Size and Enrollment
Skelly presented the report saying one issue was whether the Board wanted a school size enrollment policy at all.
Board discussion included the use of hard caps regarding school sizes, the importance of smaller class sizes, what might be
lost when schools get bigger (i.e. safety, interaction with adults, and interpersonal relationships), measurability of success in
providing student engagement and sense of belonging, use of facilities as just one piece of the overall puzzle of student
experience, the need to include language about how future decisions will be made, maintaining comparable school sizes
among the high schools, looking farther forward in planning to address capacity issues, and the importance of program.
It was agreed this item would return for another discussion at the next meeting.
Information
Assessment Report: California
Standards Tests and
Accountability
Laurence and Bill Garrison, Director of Testing and Assessment, gave a slide presentation focusing on:
•
Grade span summaries
•
Subject specific CSTs year’s progress summaries
•
Students not-yet-proficient
•
Adequate yearly progress (AYP)
•
Academic Performance Index (API)
•
Next Steps
Board discussion included explanation of a “year’s progress” and comparison of 2002 and 2008 API scores.
Tom announced the Summer School report would be moved to the next meeting.
MOTION:
Approved:
Mitchell moved to extend the meeting to 11:00 p.m. Baten Caswell seconded. Motion carried 5-0.
Regular Meeting
September 23, 2008
Page 2
Board discussion continued to include the jump in secondary ELA scores, the difference in high school physics scores,
movement of students between Basic and Proficient in the CST ELA, the reason for increased test scores at some schools,
the importance of additional assessments when such a large number are scoring at Proficient and Advanced, use of
matched scores, use of matched scores to track students moving into secondary levels, secondary math testing, the
achievement gap, the designation of 30% of African-American students at special education, and causes behind changing
scores.
MOTION:
Mitchell moved to extend the meeting to 11:23 p.m. Klausner seconded. Motion carried 5-0.
Discussion
Authorization to Enter into
Amendment No. 1 to the Master
Agreement with DLM Architects
for High School Master Planning
Services
Skelly said it was hoped similar master agreements would be presented for elementary and middle schools in the near
future. Golton said the architect would be considering the corporate yard and the district office as part of the Palo Alto High
School plan.
Discussion
Palo Alto High School Aquatic
Center Lighting Project
Skelly said a meeting had been scheduled with neighbors on October 1, 2008, to discuss the project. It was believed the
lights would bring Palo Alto High School up to parity with Gunn.
The Board agreed this item would return on the consent calendar at the next meeting.
Board discussion included the amount of donations received and the timeline for installation.
The Board agreed to place the item on the consent calendar at the next meeting unless opposition arises during the
neighborhood meeting.
Action
Contracts with O’Connor
Construction Management, Inc.
(OCMI) and Gilbane Building
Company (GBC) to Provide
Program, Project, and
Construction Management
Services
Golton introduced representatives of both firms.
Board Members’
Reports/Correspondence/Board
Operations/Recognition
Reports
Baten Caswell said the Youth Community Service (YCS) clubs at all five secondary schools are running.
Board discussion included soft costs as compared to other districts.
MOTION:
Mitchell moved to authorize the Superintendent to execute a time and materials contract with OCMI
for a not to exceed amount of $758,730 and a contract with GBC for a not to exceed amount of
$1,281,675. The term of both contracts will extend from October 1, 2008, to June 30, 2009. Baten
Caswell seconded. Motion carried 5-0.
Townsend said the City School Liaison Committee meeting would occur the following day.
Mitchell said the Partners in Education (PiE) kick-off had occurred, and they were off to a great start.
Klausner attended the North County Regional meeting, which was focused on improving communication between the
member districts and the Santa Clara County Office of Education.
Tom said the Region 20 Director for CSBA was stepping down and there would be two candidates to choose from.
Recess to Closed Session
The Board recessed to closed session at 11:20 p.m.
Reconvene in Open Session
The Board reconvened in open session at 1:25 a.m. Tom announced the Board took no action.
Adjournment
The meeting was adjourned at 1:25 a.m.
________________________________
Secretary to the Board
Approved:
Regular Meeting
September 23, 2008
Page 3
BOARD OF EDUCATION
Attachment
Date:
Consent
4
10.14.08
Complete tape recordings of most Board Meetings are available at 25 Churchill Avenue.
MINUTES FOR SPECIAL MEETING OF SEPTEMBER 25, 2008
Call to Order
The Board of Education of Palo Alto Unified School District held a Special Meeting in Conference Room A at 25 Churchill
Avenue, Palo Alto, California. Dana Tom, President, called the meeting to order at 10:30 a.m.
Members present:
Mr. Dana Tom, President
Ms. Barb Mitchell, Vice President
Ms. Melissa Baten Caswell
Ms. Barbara Klausner
Ms. Camille Townsend
Others present:
Dr. Kevin Skelly, Superintendent
Babs Kavanaugh, Facilitator, California School Boards Association
Workshop
Leadership and Governance
The Board and Superintendent met in a work session with a facilitator regarding leadership and governance.
Adjournment
The meeting was adjourned at 2:35 p.m.
________________________________
Secretary to the Board
Approved:
Special Meeting
September 25, 2008
Page 1
BOARD OF EDUCATION
Attachment:
Date:
TO:
FROM:
Bob Golton and Cathy Mak, Chief Business Officers
SUBJECT:
Approval of Warrants
Consent
5
10.14.08
BACKGROUND
The September 2008 warrants list has been provided to the Board for review and approval prior to
this meeting. Warrant lists are available for public review in Business Services.
RECOMMENDATION
It is recommended that the Board of Education approve the September 2008 warrants list as
presented.
BOARD OF EDUCATION
Attachment:
Date:
Information
TO:
FROM:
Scott Laurence, Assistant Superintendent - Administrative Services
SUBJECT:
Uniform Complaint (Williams Settlement and Valenzuela/CAHSEE Lawsuit
Settlement) Quarterly Report
6
10.14.08
Academic Excellence and Learning
BACKGROUND
As a result of the Williams Settlement Legislation Requirements and the Valenzuela/CAHSEE Lawsuit
Settlement, local Boards must submit a quarterly report to the county superintendent on the nature
and resolution of complaints in the following areas:
¾ There should be sufficient textbooks and instructional materials. For there to be “sufficient
textbooks and instructional materials” each pupil, including English learners, must have a
textbook or instructional materials to use in class and to take home.
¾ There should be a teacher assigned to each class and not a series of substitutes or other
temporary teachers. The teacher should have the proper credential and subject matter
training to teach the class.
¾
School facilities must be clean, safe, and maintained in good repair. Good repair means that
the facility is maintained in a manner that assures that it is clean, safe, and functional.
¾ Pupils who have not passed the high school exit examination by the end of grade 12 are
entitled to receive intensive instruction and services for up to two consecutive academic years
after completion of grade 12 or until the pupil has passed both parts of the high school exit
examination, whichever comes first.
Complaint forms can be obtained at the principal's office, district office, or can be downloaded from
the district's or California Department of Education's website.
There were no Williams complaints (regarding textbooks and instructional materials, teacher
vacancies or misassignments, or facilities conditions) or Valenzuela complaints (regarding CAHSEE
instruction and services) at any school filed from July 1 – September 30, 2008.
RECOMMENDATION
This item is for information only and no action is required.
Attachment
Valenzuela/CAHSEE Lawsuit Settlement
Quarterly Report on Williams Uniform Complaints
[Education Code § 35186(d)]
District:_ Palo Alto Unified
Person completing this form: Scott Laurence
Quarterly Report Submission Date:
(check one)

√

Title: Assistant Superintendent
April 2008
July 2008
October 2008
January 2009
Date for information to be reported publicly at governing board meeting: October 14, 2008
Please check the box that applies:
√
No complaints were filed with any school in the district during the quarter
indicated above.

Complaints were filed with schools in the district during the quarter indicated
above. The following chart summarizes the nature and resolution of these
complaints.
General Subject Area
Total # of
Complaints
# Resolved
# Unresolved
Textbooks and
Instructional
Materials
Teacher Vacancy or
Misassignment
Facilities Conditions
CAHSEE Intensive
Instruction and
Services
TOTALS
Kevin Skelly
Print Name of District Superintendent
________________________________________________ ________________________
Signature of District Superintendent
Date
© 2008 California County Superintendents Educational Services Association
BOARD OF EDUCATION
Attachment:
Date:
Consent
7
10.14.08
TO:
Kevin Skelly, Superintendent of Schools
FROM:
Bob Golton and Cathy Mak, Co-Chief Business Officers
SUBJECT:
Authorization to Enter Into Amendment No. 1 to the Master Agreement with
DLM Architects for High School Master Planning Services.
Budget Trends and Infrastructure
BACKGROUND
District staff previously held a competitive qualification process and identified three architectural
firms to work on Measure A – Strong Schools Bond projects. Those firms are AEDIS Architects and
Planners, DLM Architects, and Gelfand Partners.
At the Board meeting of August 26, 2008, the Board approved entering into master agreements
with all three firms. The master agreements specify terms and conditions for contracts.
Subsequent amendments then identify assignments of work to be done and fee amounts. The
District has now entered into master agreements with all three firms.
One of the first assignments identified for the bond program is to provide master planning services
for both Gunn and Palo Alto high schools. A meeting was held that included the Superintendent,
some District construction staff, and some Paly and Gunn site staff. The task was to determine the
firm or firms to do this master planning. The recommendation from this meeting was to assign
DLM architects to master plan both schools.
PROPOSAL
Staff recommends that the Board of Education authorize the Superintendent or his designee to
execute Amendment 1 to the master agreements with DLM Architects to update the master plans
for the Gunn and Palo Alto high schools. The proposed scope of services from DLM for these
studies and the fee proposal of $97,500 plus reimbursable expenses are attached to this item. A
change order contingency of 10% is $9,750.
FISCAL IMPACT
The source of funding will be the Building Projects Fund (Measure A Bond funds). The contract
cost will not exceed $97,500 plus reimbursable expenses. A change order contingency of $9,750
will also be budgeted.
RECOMMENDATION
This item was discussed at the September 23 regular meeting. It is recommended the Board of
Education approve Amendment 1 to the DLM Architect’s Master Agreement at their next regular
meeting as follows: provide master planning services for the Gunn and Palo Alto High School
campuses in the amount not to exceed $97,500 plus $1,000 for reimbursable expenses. Also, it
will be recommended that the Superintendent be authorized to issue change orders not to exceed
$9,750.
BOARD OF EDUCATION
Attachment:
Date:
Consent
TO:
FROM:
SUBJECT:
Palo Alto High School Aquatic Center Lighting Project
8
10.14.08
BACKGROUND
In May 2004, the Board of Education accepted a gift for the construction of a new 35-meter pool at
Palo Alto High School.
In January 2005, the Board of Education awarded a contract for the construction of the 35-meter
pool on the Paly campus. There was a bid alternate of pool deck lighting that was not funded.
However, wiring and other infrastructure was put in place in anticipation of future installation of
lights.
Lighting is included in the Gunn Aquatic Center, which is currently under construction. Therefore, it
is recommended that lights also be installed at the Paly pool.
The pool is closer to the center of the campus than the stadium field. Also, the lights are fewer and
closer to the ground than at the stadium field. However, just as with the stadium field, staff will
contact the neighborhood association and have a meeting prior to a contract being awarded. The
proposed changes will be described, and staff will work with the community to resolve any issues
should they arise.
This project includes purchase and installation of Musco lighting on the existing pole bases that
were installed during the original pool construction.
The project is currently being reviewed by DSA and is anticipated to be approved in October.
PROPOSAL
Staff proposes to purchase lights from Musco Lighting and competitively bid the installation of the
lighting package. The total cost is estimated to be about $100,000.
FISCAL IMPACT
This project will be funded, in part, by the Measure A – Strong Schools Bond. The District has also
received donations for this project.
RECOMMENDATION
This item was discussed at the September 23 regular meeting. It is recommended the Board
authorize the purchase of pool lights from Musco Lighting and a competitive bid for the installation
of swimming pool lights at Palo Alto High School.
BOARD OF EDUCATION
Attachment:
Date:
Consent
9
10.14.08
TO:
FROM:
Bob Golton and Cathy Mak, Co-Chief Business Officers.
SUBJECT:
Authorization to Enter into a Contract with Verde Design for Landscape
Architectural Services Related to Fields at Palo Alto High School
BACKGROUND
Verde Design has provided the architectural services related to the synthetic turf projects at Gunn
and Paly stadium fields and also the lower fields project at Gunn High School. Their work has
been of high quality. The stadium fields have been completed and are currently in use. The Gunn
lower field project continues with an anticipated opening date near the end of February.
Verde Design has submitted a proposal to provide planning and preliminary design services for the
quadrilateral that includes the baseball and softball fields, stadium field improvements, and the
soccer field on El Camino Avenue. The work will be incorporated into the master plan of Palo Alto
High School being developed by DLM Architects. DLM’s master plan work will be informed by the
Verde work. It should be noted this planning and preliminary design work will be flexible enough to
allow for splitting the work into three projects, a single project, or any other combination.
Therefore, DLM’s master planning work will be informed, but not driven, by the work of Verde
Design.
Staff is recommending approval for this work now in order to stay on a timeline which would allow
construction commencing in May 2009 with completion for the fall 2009 athletic seasons. This
work will be more complicated than that taking place now at Gunn High School.
Staff hopes to bring this item back for action at the October 14 Board meeting. At this time staff
also plans to place an informational item related to the Gunn High lower fields project. By
beginning the construction planning for this project, the Board will be addressing its “progressive
parity” value in terms of the facilities at each school.
PROPOSAL
Verde Design has submitted a proposed scope of work, which is attached. Staff is recommending
that Verde Design do the base configuration work, initial programming, and schematic design at a
cost not to exceed $25,030.
This is a professional service and, therefore, is not subject to the bid requirements in code.
FISCAL IMPACT
The source of funding will be the Measure A – Strong Schools Bond.
RECOMMENDATION
This item was discussed at the September 30 special meeting. It is recommended the Board of
Education authorize the District to enter into a contract with Verde Design to perform design
services related to the fields at Palo Alto High School at a cost not to exceed $25,030.
September 24, 2008
Mr. Ron Smith
Palo Alto Unified School District
25 Churchill Avenue, Building D
Palo Alto CA 94306
Subject:
Request for Proposal
Palo Alto High School Athletic Planning
Verde Design Project No.: 0806500-1206
Dear Mr. Smith:
In response to your request Verde Design, Inc. is pleased to submit the following proposal for
Athletic Design Services on the above mentioned project. This proposal shall remain valid for a
period of 60 days.
Project Understanding
We are currently working for the Palo Alto Unified School District (District) on stadium field
renovations for both Palo Alto and Gunn High Schools and renovation project for the Gunn High
School Lower Fields. The District requests Verde Design to develop a design for the remaining
athletic facilities at Palo Alto High School. This design process will develop an athletic master plan
that will be coordinated with the high school’s campus site master planning efforts that are
underway.
This proposal is to provide design services to develop field improvement options for a multi-use
field for baseball, softball, and soccer, hard courts, and football stadium areas at Palo Alto High
School. For this project, we will develop field layout options that we will then review and refine.
The first step will be to develop the program and identify the appropriate field dimensions for the
sports which will be played on the fields. Three alternative designs will be developed. We will meet
with you to review these alternatives and give you a computer presentation of the CAD drawing.
During this meeting we can utilize the computer to edit and manipulate the designs to review other
options that may arise during our discussion. The intent of this meeting is to develop two options
for further refinement.
We will develop the two selected designs into schematic design alternatives, and generate
preliminary costs. We will meet with the District representatives and Site Staff to review the designs
and cost estimates. After the selection of the preferred design, we will develop a rough draft master
plan, update the cost estimate as needed, and present the updates to District and Site Staff.
Following this meeting, we will prepare the draft master plan and submit it to District Staff for their
review before a final presentation to the Board of Education is made. We will develop a narrative
recap of the master plan and design process.
Our services will include reviewing and developing designs for the following:
1. Baseball and softball field: field setup, fencing, backstops, scoreboards, batting cages,
bullpens and dugouts. We will review options for small restroom facility.
2. Stadium field: entry element, building (basic floor plan design), track re-surfacing,
scoreboard, grandstands, and access
3. El Camino soccer field: field alignment, small grandstands, access and sport field lighting
4. Perimeter and site improvements including street beautification along Churchill Avenue,
pedestrian and vehicular drive improvements off Churchill Avenue into the campus, and
fencing improvements.
As an optional service, we recommend having a site survey completed because of the existing site
conditions and proximity of the athletic facilities, parking, circulation, existing trees, buildings and
utilities. A site survey will assist us in accurately designing the details necessary for this complex
site.
We will review any previous site designs and master plans developed for this campus and
coordinate our efforts with DLM, which is providing the architectural and campus planning services
for the District.
No budget has been established for the construction costs. During the process we will provide
estimates for design construction costs and review with the District Staff.
The project will start in September 2008 and conclude in November 2008, if not sooner. We
understand that the District would like to develop a quality design and begin construction starting in
the summer of 2009.
SCOPE OF SERVICES:
Verde Design has developed the following specific Scope of Services based on our professional
understanding of your project requirements.
I.
Project Pre-Planning
This is often the most overlooked portion of a project. We believe design of the process is
directly related to the success of a project. Proper pre-planning will identify the correct
approach before the project is under way.
A.
Project Start-up:
1.
Obtain all available data, maps, reports, etc., from the District.
2.
Coordinate the available site information with District Staff.
3.
Establish files and in-house documentation.
4.
Prepare preliminary milestone schedule.
5.
Review District documents relating to the site and other requirements and
regulations for development of the facilities.
6.
Review the background literature pertaining to the site and previous site
master plans or designs.
7.
Develop a preliminary base plan based on available site information and
new and proposed improvements.
II.
B.
Meet with the client in a workshop format to refine the project intent, scope, budget
and timetable.
1.
Identification of roles and responsibilities.
2.
Review the master plan process and steps toward input, consensus and
development of the final plan.
3.
Identification of District Staff members and all other key stakeholders.
4.
Scheduling review by task for each phase of the master plan process and
site staff and board involvement.
5.
Review pertinent utility data to the project site.
6.
Visit the site after the meeting to review prepared aerial or ground survey,
perform on-site visual analysis, and become familiar with the existing
conditions and constraints. District staff should provide their input on
opportunities and constraints of the site. Project development
relationships between the site, streets, parking, and campus uses will be
discussed.
C.
Site and Data Review
1.
Review assembled data and historical information.
2.
Review codes, ordinances and policies pertaining to project design.
3.
Review existing utility systems and locations.
4.
Refine the base plan based on available site information
Initial Programming
This portion of the process will focus on developing the program layout for the project. All
options for the program should be openly discussed, then prioritized. We will discuss field
layouts, existing conditions and assessments of the field, and any support elements for the
athletic components of the project.
A.
Program Development:
1.
Prepare preliminary use relationship diagrams to identify program
concepts and stimulate responses during the initial programming meeting.
Three preliminary program concepts will be created. Initial designs for the
stadium entry area will be created for review.
2.
Prepare athletic program information and templates for use at meetings.
3.
Refine the base plan in AutoCAD or utilize available electronic aerial.
4.
Organize materials and images of athletic materials and finished products.
5.
Prepare a site analysis of the existing conditions to highlight potential
opportunities and issues with site and athletic program conditions.
B.
District Staff Meeting
1.
Review the preliminary program at the first District Staff meeting and
modify the program elements as needed. Program elements can then be
prioritized and organized to the appropriate areas on the site.
2.
Preliminary alternatives of this program organization will be presented at
this meeting and refined from the input gathered.
III.
Schematic Design Alternatives
A.
Prepare updated designs:
1.
Use meeting input and program priorities to refine alternatives and design
content into two schematic alternatives.
2.
Develop CAD base and field templates for various size fields and facility
types.
3.
Refine programs and options for layout, materials and design elements
within the schematic alternatives.
4.
Develop a preliminary cost estimate based on the design with the highest
perceived construction value. Alternates will be included and project
improvements areas broken out for review.
B.
IV.
Meeting with District Staff and Site Staff to review schematic alternatives.
1.
Provide a summary review of past input and priorities from the program
meeting.
2.
Present the updated designs and receive input on design layouts,
program and relationships.
3.
Provide a presentation to begin the Digital Charrette Workshop. Before
the charrette process begins, we will set up templates of the program
elements in CAD drawings. Using AutoCAD program and a digital
projector, specific program elements can be added or modified during the
presentation. At this workshop, we will be able to identify the program
organization and create a preferred plan for the master plan.
Master Plan Development
A.
Generate a rough draft master plan and update the preliminary construction cost.
B.
Meet with District and Site Staff to review comments and determine direction for
draft master plan development and preliminary construction costs and comment
coordination.
C.
Make requested modifications to the master plan and statement of probable
construction costs, and finalize the design into the Draft Master Plan.
D.
Packet setup for Board of Education to include:
1.
Plan updates.
2.
Preliminary cost estimate summary.
3.
Color plan reductions: Draft Master Plan.
4.
Narrative explaining a recap of the project process, program elements,
priorities, and implementation plan for phasing. We propose to package
the master plan into a report that can be distributed in a PDF and
available in hardcopy with narrative and 11" x17" foldouts of the plans that
make up the proposed master plan. We recommend that the narrative be
limited to four pages with plan graphics.
5.
One presentation to Board of Education.
E.
Project Administration
V.
Optional Services
Prepare site survey to accurately record the locations of the athletic facilities, paving and
existing trees. We recommend a survey be completed to provide more accuracy for the
planning and design of the athletic facilities.
VI.
Deliverables
A.
Meeting agendas and reports
B.
Project schedule and updates
C.
Site base plan
D.
Preliminary concepts – three alternatives
E.
Schematic alternatives – two alternatives
F.
Rough draft master plan
G.
Draft master plan
H.
Narrative report
I.
Cost estimate per scope
SCHEDULE
1. Notice to Proceed
2. Design Process
September 2008
September - November 2008
SERVICES OR INFORMATION REQUIRED FROM THE CLIENT
1.
Improvement plans or As-Builts for utilities serving the existing property
2.
Any future development plans that may be related to the project site
SERVICES NOT INCLUDED
1.
Meetings other than those listed.
2.
Renderings and presentations to public bodies other than those listed.
3.
Geotechnical investigation.
4.
Structural, Mechanical and Electrical Engineering.
5.
Off site improvements – streets, traffic lights, and utility runs.
6.
CEQA documentation.
7.
Community presentations.
8.
Construction documents.
9.
Architecture design beyond basic floor plan
PROFESSIONAL COMPENSATION
The professional services for the work identified above shall be provided on a fixed fee basis, not
to exceed.
Project Start-up and base configuration
Initial Programming
Schematic Design
Master Plan Development
Total
Optional services would cost $8,500 at this time.
$ 5,585
$ 9,655
$ 9,790
$11,060
$36,090
Additional services will be charged on a time and material basis. Charges for additional services
will be billed separately.
Should the project be delayed beyond the agreed upon project schedule by the Client/District to a
level that puts the project on hold, a re-start fee will apply. This fee will be determined at the time or
the re-start point based on the amount of downtime and the additional work required to bring the
project on line.
CHANGE IN SERVICES
Client/District may order changes in scope or character of service, either decreasing or increasing the
amount of Consultant's services, and if necessary, changing the character of services. In the event
that such changes are ordered, Consultant is entitled to full compensation for all services performed
and expenses incurred prior to receipt of notice of change.
TERMINATION OF AGREEMENT
In the event the project is terminated or indefinitely suspended in the manner herein provided, the
Landscape Architect shall turn over copies of any and all documents completed to that date. The
Landscape Architect shall be entitled to compensation up to and including said termination date.
COPYRIGHT OF WORK
Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual
license for District to use, at its discretion, all plans, including, but not limited to, record drawings,
specifications, and estimates that the Landscape Architect or its consultants, prepares or causes to
be prepared pursuant to this Agreement.
The Landscape Architect retains all rights to all copyrights, designs and other intellectual property
embodied in the plans, record drawings, specifications, estimates, and other documents that the
Architect or its consultants prepares or causes to be prepared pursuant to this Agreement.
BILLINGS AND PAYMENT
Invoices will be sent by the 10th of the month for work completed through the 25th of the previous
month. Any additional services will be billed separate from contracted services. Payment is due
and payable within 30 days of the statement date.
Sincerely,
__________________________________
Derek C. McKee
Principal
California Lic. No. 4148
CC:
Devin Conway, Verde Design
Nance Cronin, Verde Design
Vicki Vickers, Verde Design
________________________________
Date
Verde Design, Inc.
CHARGE RATE SCHEDULE
Effective until December 31, 2008
The following chart outlines the current charge rate for professional and office costs. Reimbursable
rates and expenses are shown on the lower portion of the page.
PROJECT RATES
Principal
$170.00 per hour
Project Manager/Construction Manager
Level Three
$140.00 per hour
Level Two
$125.00 per hour
Level One
$115.00 per hour
Systems Administrator
$125.00 per hour
Project Designer
$110.00 per hour
Job Captain/Staff Engineer/Construction Administrator
$105.00 per hour
Draftsperson Level II
$ 95.00 per hour
Draftsperson Level I
$ 85.00 per hour
Project Administrator
$ 75.00 per hour
Intern
$ 60.00 per hour
REIMBURSABLE RATES
Blueprints, Printing and Reproductions
Cost plus 10%
Sub Consultant Services
Cost plus 10%
REIMBURSABLE EXPENSES
Blueprints and Reproductions
Photography
Models and Renderings
Postage/Overnight Mail Service
Secretarial Services
Travel Expenses
Parking and Toll Expenses
Permit Fees
Courier Delivery Service
BOARD OF EDUCATION
Attachment:
Date:
Consent
10
10.14.08
TO:
FROM:
SUBJECT:
Authorization to Provide an Additional Change Order Allowance for the
O. C. Jones and Sons, Inc. Contract for the Gunn and Palo Alto High School
Synthetic Turf Installation and Gunn Lower Field Improvements Project
BACKGROUND
A construction contract for the Gunn and Palo Alto High School Synthetic Turf Installation and
Gunn Lower Field Improvements Project was awarded to O. C. Jones and Sons, Inc. on April 8,
2008, in the amount of $4,658,000. With this award, a 10% change order allowance was
designated in the amount of $465,800.
During the course of construction, the change order allowance is necessary to cover unforeseen
site conditions and design changes. For this project, examples of the unforeseen site conditions
that have been encountered include such things as electrical lines that needed to be rerouted,
buried transsite (asbestos) pipe, and site utilities that needed to be replaced. Also, there were
design changes like the adjusting of the baseball field to accommodate existing oak trees, adding
walkway lights to improve night safety, and upgrading fencing for more durability, security, and
appearance. These have resulted in an aggregate in a change order total that is forecasted to
exceed the original 10% allowance. An additional change order allowance is required.
PROPOSAL
It is proposed the Board of Education authorize an additional 4% change order, not to exceed
$186,320 for this project. The will cover current and anticipated required change orders.
FISCAL IMPACT
This funding is available in the Building Projects Fund.
RECOMMENDATION
This item was discussed at the September 30 special meeting. It is recommended the Board of
Education approve an additional 4% or $186,320 change order for the O. C. Jones and Sons, Inc.
contract for the Gunn and Palo Alto High School Synthetic Turf Installation and Gunn Lower Field
Improvements Project.
BOARD OF EDUCATION
Attachment:
Date:
Discussion
11
10.14.08
TO:
FROM:
Scott J. Bowers, Assistant Superintendent, Human Resources
SUBJECT:
Memorandum of Understanding between Palo Alto Unified School District and
Palo Alto Management Association
Staff Recruitment and Development
BACKGROUND
The Palo Alto Management Association (PAMA) is comprised of the school-site and district
certificated administrators, classified managers, and psychologists in PAUSD. As with all
employee groups, we strive to maintain positive working relationships and effective communication.
In that spirit, the District and PAMA have worked together to develop a Memorandum of
Understanding (MOU) between the two parties.
The MOU covers the policies and procedures that guide the interactions between the management
group and the District. Included in the MOU are statements about the rights, responsibilities, and
principles of PAMA. The MOU also contains descriptions of the management work year, salary,
benefits, leaves, assignment and selection, evaluation, and grievance procedures.
The MOU has undergone several iterations with input from members of PAMA, the Superintendent,
legal counsel, and the Association of California School Administrators (ACSA). The resulting
document provides a good framework for establishing clear expectations and support for the
management staff.
RECOMMENDATION
It is recommended the Board approve the Memorandum of Understanding between the District and
the Palo Alto Management Association.
MEMORANDUM OF UNDERSTANDING
Between
PALO ALTO MANAGEMENT ASSOCIATION
And
Adopted October 28, 2008 and Effective Through June 30, 2009
PURPOSE AND INTERESTS
The Palo Alto Management Association (PAMA) and the District have a shared interest in having exceptional
managers working in the District. They also share an interest in having clear lines of communication, a sense of
fairness, clear expectations, and a sense of common mission to provide the best learning environment for students.
All parties also believe that the relationship between PAMA and the District should be a model for how other groups
and managers work together. The purpose of this Memorandum of Understanding between PAMA and the District is
to provide written documentation of the policies and procedures that guide interactions between the management
staff of the District and the Superintendent/Board of Education and their representatives. This document has been
developed in an effort to establish and improve communications, to provide for decision-making, to address any
conflicts that arise, and to deal with other such relationships as may exist between and among all parties.
MEMBERSHIP
The Palo Alto Management Association shall include all certificated management employees (except those who have
individual contracts), all psychologists, and all classified management employees.
The District shall pay the Association of California School Administrators (ACSA) membership dues for two members
of PAMA. The members shall be selected by PAMA.
RIGHTS
The Palo Alto Management Association and the District agree with the concepts below and believe they provide a
framework for their work:
• a written job description that clearly identifies the professional duties and responsibilities expected to be
fulfilled.
• a full and fair evaluation of performance including constructive counseling on a regular and continuing basis.
• to participate in, design, and schedule a program of staff training to improve professional performance.
• to due process procedures that may include the right to be heard by the Board of Education prior to demotion,
non-renewal of contract, or termination as provided by the Education Code.
• to professional assistance from professional associations.
• to adequate compensation for providing important, complex, and learned professional services.
• to provide input into District policy and procedure development consistent with the individual’s position on the
management team and the individual’s unique experience and expertise.
• to be accorded the respect and dignity due a member of an honorable and learned profession and as an
individual, sensitive human being.
No provisions or stipulations of the Memorandum of Understanding shall be construed as denying any
administrator/manager/psychologist of his/her rights and privileges under the Constitution of the United States, the
Constitution of the State of California, the California Education Code, the Government Code, the District’s policies
and/or regulations, or of any applicable federal or state law or regulation.
RESPONSIBILITIES
The Palo Alto Management Association has the responsibility to assist the District in developing educational policies
and administrative procedures that define and carry out the District's programs and operations.
It is understood that nothing in these guidelines intends to limit the responsibility of the District to make the ultimate
decisions as prescribed by law.
The objectives of the Management Association are:
1. To provide input into the development of policies that directly affect management of the District, to provide open
and frequent communication between and among members of the Management Team, to assist the
Superintendent and his leadership team in evaluating and assessing proposals made by employees and
employee organizations, and to develop policy related to educational goals and objectives of the District.
2. To provide a means whereby the economic and welfare concerns of management personnel relating to job
descriptions, evaluations, salaries, fringe benefits, and other job-related matters can be addressed through an
interest based process.
3. To maintain open lines of communication between and among members of the Management Team and
Superintendent in order to discuss and resolve mutual concerns. Quarterly meetings shall be mutually
scheduled with the Superintendent/designee in order to address concerns, develop plans, and formalize
discussions.
PRINCIPLES
The Management Team supports the following principles:
1. The Management Association is committed to work for the best educational program possible for all students.
2. The Management Association supports the respective efforts of the Board of Education and Superintendent in
providing leadership for the District.
3. The relationship among the District and the Management Association is based on mutual trust.
4. The actions of all members of the Management Association and the District shall be consistent with professional
and ethical standards.
5. Management Association members agree to accept the responsibility for implementing the legal written
agreements between the Board of Education and employees' bargaining units.
INTEREST-BASED TEAM (IBT)
The PAMA members of the Interest-Based Team (two members) are elected annually by the PAMA membership.
As has been past practice, the Palo Alto Management Association will confer with the Superintendent/designee to
discuss issues of mutual interest.
The District and the Management Employees agree that PAMA and the Superintendent/designee will meet and
confer on all salary, fringe benefits, and other Employee welfare agreements.
The Interest-Based Team (IBT) will be selected by PAMA’s membership. The process shall be as follows:
2
• PAMA and the Superintendent/designee will share interests prior to September 15 of each calendar year.
• Within two weeks, the Superintendent/designee and the IBT members will set up a meeting to discuss
interests.
• All parties shall work toward having a final resolution as early in the school year as possible, aligned with the
CSEA and PAEA timelines. PAMA and the Superintendent/designee will maintain a dialogue throughout the
process.
COMPENSATION AND BENEFITS
Work Year
Members of the Palo Alto Management Association and the District share an interest in having a work year that
allows PAMA members to complete their duties while also having sufficient non-work days for rejuvenation and
personal time. PAMA members will work the number of contract days as stipulated in Appendix A. All management
team members will work with their supervisors to identify their workdays for the year and submit a calendar of
workdays for the year. If changes to the work year are necessary after the year has started, it is expected that PAMA
members and their supervisors can make adjustments in order to accomplish the interests stated above.
All parties recognize that workdays should include those days when school is in session, particularly for site
administrators. However, there is also a recognition that personal commitments may arise that makes it imperative
that an administrator takes time off while school is in session. It is expected that the immediate supervisor will work
to accommodate administrator requests in this area, barring any exceptional needs of the site or District. Any
perceived abuse in this area will be addressed in the administrator evaluation process.
All parties also recognize that there are occasions when supervisors/administrators are needed during weekends and
holidays, including, but not limited to, playoff games. Supervisors shall offer compensation time-off up to a maximum
of three (3) days per year to Palo Alto Management Association members when extra workdays are mandated on
holidays/weekends, including, but not limited to, playoff games. If a PAMA member believes that there is a need to
work more than three (3) days per year, s/he should discuss this with her/his supervisor.
Salary Schedule/Placement/Compensation
As mentioned, the District and PAMA agree that a part of attracting and retaining the most talented administrators is
through a competitive compensation package. Further, the District and PAMA agree that the pay differentials
between management positions should be rational and have the confidence and support of all parties. This will be
achieved, in part, by the periodic review of the compensation of all management classifications
Certificated/Classified managers will receive additional stipends on an annual basis for each degree and certification
defined in the Management Personnel Salary Schedule (Appendix A).
Cumulative career increments will be granted to individuals who satisfactorily meet Palo Alto leadership standards in
evaluation after completing their 3rd, 6th, 10th, 15th, and 20th year at the tenth step of the salary schedule for that
position in the Management Personnel Salary Schedule (Appendix A) for each school year.
Palo Alto Management Association Employees will receive a mileage stipend and may submit mileage logs for miles
driven beyond the allocation amount for miles driven in course of their job performance as per the current Internal
Revenue Service (IRS) rate.
PAMA members will receive an annual professional development allocation to be used at the Management
Association member’s discretion for activities that further District or site goals and/or the administrator’s annual
professional goals. See Appendix C for Individual Administrator Professional Development Funds: Guidelines for
Use.
3
Health and Welfare
Throughout the term of this agreement, Palo Alto Management Association members shall be entitled to receive the
same health & welfare benefits (medical, dental, vision, retiree (only for those who were employed by the District on
or before January 1, 2008), life insurance, medical leaves, etc.) and shall follow the same eligibility provisions as
provided for employees in the teachers bargaining unit. Note: During the 2008-09 school year, all parties have an
interest in addressing retirement medical costs for PAMA members not eligible for current retirement benefits. The
District will establish a Health Reimbursement Account or similar program for use at retirement or when needed for
medical costs for Palo Alto Management Association members during the 2008-09 school year.
Palo Alto Management Association will have a representative on the Joint Benefits Committee.
Leave of Absence
The Palo Alto Management Association (PAMA) and the District share an interest in giving talented administrators
the opportunity to take an unpaid leave of absence. The District will make every effort to accommodate leaves of
absence.
A leave of absence without compensation may, within the discretion of the Board of Education, be granted to any
member of the management team for a period of not less than one semester, nor more than one year. Upon
application by the employee, the District may grant an extension.
Applications for leaves of absence without pay shall be submitted in writing to the Human Resources Office no later
than March 1 of the year preceding the proposed leave. Approval of requests received after this date may be
contingent upon finding a suitable "interim" replacement for the person requesting leave. Applications for a leave, due
to an unanticipated need, may be considered after March 1 and should be made as soon as possible after the need
for the leave becomes known.
Salary credit (step advancement) may be granted for leave experience that enhances or adds value to the
employee’s role within the district. The Superintendent shall determine whether or not the experience qualifies for
salary credit. The Superintendent’s determination will be made when reviewing the leave request.
For the period of the leave the Superintendent may make an interim appointment for the employee's position. This
appointment shall be limited to the time the employee is on leave. Upon return from leave, the employee shall
resume the position held before the leave began. The interim placement shall return to her/his previous position or
may apply for other open positions.
If the Superintendent wishes to make the interim placement permanent, the employee returning from leave shall be
appointed into a position of equal or greater level than the one held prior to the leave. The employee shall not be
required to interview for said position.
If the employee wishes not to return to the position held before leave, s/he will be eligible to apply for other open
positions in the District, but is not guaranteed a management position.
While on leave of absence, the employee may purchase health benefits through the employee group plan at the
group rates.
The Palo Alto Management Association (PAMA) and the District recognize that the District depends on the timely
notification by managers of their plans after leave of absences in order to have exceptional managers working in the
District. For this reason, managers granted a leave of absence must notify the District of their plans for the following
school year by February 1 or they will forfeit their rights to return to their position.
4
ADMINISTRATIVE PROCEDURES
Evaluation
The Palo Alto Management Association and the District agree that the evaluation process is to promote continuous
improvement and personal accountability, encourage professional development, and provide for due process. All
parties also agree that, in the vast majority of cases, the evaluation process is a formal opportunity to document the
outstanding efforts of employees. Within this context, management evaluation is a cooperative and continuous
process aimed at improving and maintaining quality education leaders, while serving as an essential component in
the professional development of management personnel. Except where noted, the evaluation process applies to both
certificated and classified management.
Management evaluation is based on the principle that the evaluatee knows what is expected of him/her. This is
accomplished through a working understanding of the job description, knowledge of current District goals, priorities,
evaluation policies, and regulations. Ongoing communication with the evaluator during the evaluation process is
essential.
Management evaluation becomes meaningful when the evaluator and the evaluatee mutually understand the
purpose of evaluation, the criteria used in the evaluation process, the responsibilities of both parties in the evaluation
process, and the method (timeline, milestones, forms) by which the evaluation will be accomplished.
To ensure the evaluation process is meaningful, management personnel shall participate with the Superintendent or
designee in the development and review of policies and instruments related to the management evaluation process,
which will be reviewed and adopted by the governing Board of Education. Such policies shall include, but not be
limited to, a job description, performance objectives, provisions that encourage correction of documented
deficiencies, and an opportunity for the evaluatee to respond to the evaluation in writing.
See Appendix B-1 for a complete description of the process––Administrator Performance Review: Process and
Timeline and Appendix B-2 for the Performance Feedback for Supervisors of Administrators form.
The District and PAMA shall jointly develop and/or refine evaluation protocols, procedures, and timelines to be used
with all certificated and classified managers on an ongoing basis.
Granting of permanent employment status will follow Education and Labor Code provisions.
Promotion
The Superintendent will recommend to the Board of Education personnel for supervisory and administrative
positions. Preference will be given to persons applying from within the District when such persons’ total qualifications
are equal or superior to those of persons applying from outside the District. Candidates within the District seeking
promotions or new assignments should apply at the Certificated Human Resources Office. Such persons must
possess the proper credential for the vacant position.
Personnel Appointment
See Appendix D for a complete description of the current administrative regulations for assignment and transfer of
administrators. All parties agree that the language regarding Personnel Appointments and Reassignments needs to
be updated to reflect the interests of all parties.
Posting/Recruitment and Selection
PAMA, the Superintendent, and the Board of Education share an interest in having a process of posting, recruitment,
and selection that is transparent and creates the strongest management team. Toward this end, the recruitment,
selection, and assignment policies shall serve the following purposes:
• to secure the most qualified personnel available for management positions;
• to assure the employment of the most competent candidates; and
5
• to place management employees in positions for which they are best suited.
Posting Procedures shall be as follows:
• Notices of vacancies with appropriate job descriptions shall be posted.
• Applicants who meet all required qualifications for the position will be considered.
• In the interest of creating the strongest management team, all parties recognize the District’s right to alter or
suspend this procedure when this is in the best interest of the District. The Superintendent will discuss this
issue with PAMA leadership and offer a rationale for this decision.
Final selection of the top candidates will be based upon the applicant’s experience, competency, and qualifications.
The top candidate(s) will be referred to the Superintendent or designee for review and recommendation to the
governing Board of Education according to District policies and regulations.
When a new or previously suspended job classification is established, the District will provide PAMA with a copy of
the proposed job description. The District will make an effort to provide such copies prior to any required approval of
the Board of Education.
GRIEVANCE
Purpose: The purpose of this grievance procedure is to provide the employee with a prompt and effective procedure
that will facilitate a successful resolution of problems that may arise during the course of employment.
Definition: A grievance is defined as an alleged misapplication of a provision of this MOU contained in the following
sections--Interest-Based Team, Compensation and Benefits, Administrative Procedures, Grievance, and Appendices
or of a specific provision of a District policy, procedure, rule or regulation, covering wages, hours or terms and
condition of employment, which alleged misapplication adversely affects the grievant(s).
Representation: Grievant(s) may be represented by any representative of the Grievant(s’) choosing in preparing and
presenting a grievance. The Grievant(s) shall provide the District Superintendent/designee with advanced written
notice relative to designated representation pursuant to grievance procedures.
Time Limitations: No grievance shall be entertained or processed unless said grievance is filed in writing pursuant to
Step One of this MOU, within twenty (20) calendar days after the date of the occurrence or within twenty (20)
calendar days after the concerned employee(s) became aware of, or should have been reasonably expected to have
become aware of, the events giving rise to or surrounding the alleged grievance.
Informal Level
Level One: Before proceeding to the formal grievance procedures, any employees covered by this MOU shall act
promptly through an informal meeting with the District Superintendent/designee to discuss and attempt to resolve the
matter before it becomes the basis for a formal written grievance reduced to writing. Any resolution reached at this
informal procedure must be in accordance with the provisions of this MOU. The twenty day (20) time limitation for
filing a written grievance shall include all time expended during this informal procedure.
Formal Level
Level Two: Any employee(s) covered by this MOU who has a grievance shall submit it within the time limits set forth
above to the District Superintendent. The grievance shall be in writing, signed by the aggrieved employee(s), and
shall contain the following information:
a. The name of the Grievant(s)
b. Specific nature of the grievance
c. The date, time and place of occurrence
6
d.
e.
f.
g.
Specific provision(s) of this MOU alleged to have been violated, misinterpreted or misapplied
Steps, if any, taken to secure informal resolution
The corrective action desired
The name of the employee(s)’s representative in the grievance, if any.
The District Superintendent shall make a decision regarding the grievance and shall provide the employee(s) with a
written notice of such decision within fourteen (14) calendar days after presentation of the grievance.
Level Three: If the grievance is not resolved to the satisfaction of the Grievant(s) at Step Two, the Grievant(s) may
request mediation. In such case, the Grievant(s) and the District shall agree on the appointment of a mediator and
shall schedule mediation according to the availability of the mediator and the parties. The parties shall make every
reasonable effort to meet with the mediator within twenty (20) working days of the request for mediation. If an
agreement is not reached through the mediation process, the Grievant(s) may appeal to the next level.
Level Four: If the grievance is not settled in mediation and the employee(s) wishes to appeal the grievance to the
Board of Education, it shall be referred in writing to the Board within fourteen (14) calendar days of the District
Superintendent’s written decision. Appeals to the Board shall be in writing, signed by the Grievant(s) and explain the
matter appealed, setting forth a statement of desired corrective action. The Board of Education shall make a
decision and shall provide the Grievant(s) with a written notice of such decision within three (3) regular meetings of
the Board.
Provisions of Agreement
The provisions in this memorandum of understanding shall remain in effect until modified by the District and the
Palo Alto Management Association (PAMA), and approved by the Board of Education.
SIGNATURES
DISTRICT REPRESENTATIVES
ASSOCIATION REPRESENTATIVES
Superintendent, Palo Alto Unified School District
President, Palo Alto Management Association
President, Board of Education
President-Elect, Palo Alto Management Association
7
Appendix A
8
Appendix B-1
Administrator Performance Review: Process and Timeline
In order to provide support and feedback to the educational leaders of Palo Alto Unified School District, and in order
to ensure continuous professional dialogue around the goals of the district and the sites, and in order to encourage
and support individual professional growth of the leaders in the district, the supervisors of PAUSD administrators will
follow the processes and timelines provided below.
Date
Activity
Notes
September/October
Goal setting meetings
Administrators should provide written goals to their supervisors.
Goals should include the superintendent's goal areas of
communications, strategic planning, and facilities bond measure.
They should also include efforts toward closing the achievement
gap. For principals, goals should include district-wide curriculum
initiatives in reading, writing, and math as well as site-specific
initiatives. And they should include the professional growth areas
of each individual.
January/February
Mid-year review
meetings
Administrators will review progress toward their goals and discuss
any changes in direction or time commitments and any support
that might be useful. At this meeting, supervisors will provide to
their supervisees a performance feedback form that will give
feedback to the supervisor on the supervisor's performance. The
purpose of the feedback form is to assist the supervisor to
improve his/her own performance as a supervisor. The
completed form should be returned to the supervisor with a copy
to the supervisor’s supervisor.
April/May
Summary performance
review meeting
between the
administrator and
supervisor
Prior to this meeting, the supervisee will be asked to list
accomplishments for the year and possible continuing goals for
next year as the basis for discussion in the meeting.
May/June
Performance review:
principal interview with
the superintendent
This three-way conference between the principal, supervisor, and
superintendent should review the achievements of the year and
the goals for next year.
June 30
Written performance
assessment
The supervisor will submit a formal written performance
assessment to the administrator and the superintendent no later
than June 30. A copy of this assessment will be placed in the
personnel file.
9
Appendix B-2
PERFORMANCE FEEDBACK FOR SUPERVISORS
Supervisor: Supervisor’s Supervisor Your opinions are important to the supervisor in assessment of past performance and planning for the future. Supervisors find
individual’s written comments a great help in evaluating their own performance. Please comment on any part of this questionnaire
where you think you may help your supervisor.
Areas for Feedback Comments 1.
Is accessible to meet and talk with you 2.
Is interested in your problems and concerns 3.
Follows through with action on staff problems and concerns 4.
Facilitates staff effectiveness by removing obstacles 5.
Respects staff members as individuals 6.
Evaluates staff members’ performance 7.
Is helpful and creative in finding ways to improve staff performance 8.
Works effectively in the objective setting process 9.
Provides leadership 10. Handles crises effectively 11. Develops clear procedures for school or department operation 12. Creates an overall school/department atmosphere dedicated to quality 13. Delegates work effectively 14. Is honest and truthful Please feel free to use the back of this form to share anything else with to your supervisor.
Information placed on this form shall not be used to affect adversely the individual completing the form. The purpose of the
PERFORMANCE FEEDBACK FOR SUPERVISORS is to assist the supervisor in improving his/her own performance. Completion
of the assessment is voluntary.
Signature: 10
Appendix C
Individual Administrator Professional Development Funds:
Guidelines for Use
The district provides a $500 professional development budget for every member of the
Leadership Team. Principals are funded through Title II and all other administrators are funded
through the general fund. This funding may be used at the administrator's discretion for any
professional development activity that furthers district or site goals or the administrator's annual
professional goals.
For example: The funds may be used for such things as registration fees, travel, and
per diem expenses* if outside the district. The funds may not be used to pay
membership dues for a professional organization.
Each administrator receives a professional development budget account of $500 for the current
school year. Unused professional development budgets are carried over into a following year
and the annual allocation of $500 is added to the balance, with an account maximum no greater
than $1,000.
For example: The unused balance from 2006-2007 has been carried over into 20072008. If the administrator used no professional development dollars in 06-07, the
balance of his/her account in 07-08 is $1,000. If the administrator uses no
professional development funds in 2007-2008, the balance of his/her account will
remain at $1,000 in the 2008-2009 school year.
Administrator professional development accounts are maintained by the Ed. Services’ secretary
and managed by the Associate Superintendent of Ed. Services. Administrators can access the
funds by sending to Ed. Services a voucher for reimbursement of expenses for a professional
development activity or a purchase order for expenses to be paid in advance through Business
Services.
ADMINISTRATOR
PROFESSIONAL DEVELOPMENT
FUND BALANCE
* Travel and per diem expense reimbursement will follow those stipulated in the
Superintendent/Assistant Superintendent contracts. Mileage reimbursement for travel outside a
radius of 50 miles of the District will be at the current federal approved rate. A per diem rate of
$50 per day may be claimed to cover the cost of meals and miscellaneous expenses other than
hotel, parking, travel and tolls for more than one day outside of the District.
11
Appendix D
Assignment and Transfer of Administrators
The following language is from the Palo Alto Unified School District Board of Education Policy and Procedure Manual
Certificated Human Resources, Section C, Personnel Appointment:
Assignment and Transfer of Administrators
The assignment of administrators and supervisory personnel shall be made by the Superintendent. Transfers of
administrators may be made by the Superintendent in order to provide opportunities for professional growth of staff
and/or to meet the needs of a school or the district. The staff and parents of each school will have an opportunity to
discuss the leadership needs of their school with the Superintendent on a regular basis, and to the extent feasible,
shall be consulted prior to the selection and appointment of school site administrators.
Administrative Procedure
The Superintendent will meet with the PTA presidents prior to December 1 each year for the purpose of
confirming/reviewing the leadership and managerial characteristics desired for site administrators in the PAUSD.
Prior to December 1, the Superintendent, or designee, will also meet with representatives of each school PTA, SIP
council, and school staff to discuss the needs of their school. These discussions will include an opportunity to review
the leadership needs of the school and to identify in writing any unique administrative requirements. The notes from
these meetings will be kept and shared with the principal of the school and used by the Superintendent when
considering the assignment or transfer of site administrators. Whenever possible, the Superintendent will announce
administrative assignments/transfers by April 15 each year.
If an administrative position is eliminated or reduced, the Superintendent will consider assigning the administrator
currently holding that position to another administrative position in the district, taking into consideration overall
competency, qualifications for that position, and the best interests of the district. This process may involve change in
assignments or transfers for several administrators.
If an administrative vacancy occurs and the Superintendent does not fill the position by appointment, according to the
previous paragraph, the position shall be declared open. Any staff member who is qualified and properly credential
may apply for this position in accordance with procedures established by the Human Resources Office, if the number
of applicants is large, a committee shall be used to screen applicants and determine those to be interviewed. Staff
and community members may be involved in the interviewing committee that provides input regarding the
candidates. The Superintendent shall make the final decision.
(7/86)
Reassignments
The following language is from the Palo Alto Unified School District Board of Education Policy and Procedure
Manual, Certificated Human Resources, Section J. Personnel Classification, Evaluation, and Advancement.
Reassignments – Reassignment in the Palo Alto Unified School District shall be defined as involving an assignment
to a position of lesser responsibility and remuneration.
Reassignment will be implemented by guidelines designed to ensure an equitable, orderly, and professional process.
Administrative Procedure
1. All required district procedures relative to evaluation of performance are to be regularly completed and a matter of
record.
12
a. There should be evidence that items which bear most directly on the reason for reassignment have been
identified as early as possible in the written records.
b. All items of concern are to be as specific as possible.
c. All information bearing on the evaluation of performance should be communicated directly to the person being
evaluated.
2. When school closure or reorganization is the primary reason for reassignment, the administrative personnel
connected with the school being closed should receive equal consideration with all other administrators in
determining reassignment.
3. Given like or similar performance evaluations, the decision for retention in any administrative assignment shall
consider the following criteria:
a. Ability of the individual to perform satisfactorily in a number of different administrative assignments within the
district.
b. Ability of the individual to adapt to a similar assignment.
c. Demonstrated ability for future professional growth and development.
d. Demonstrated ability to assist in and implement district programs.
e. Consideration of any particular identified needs of the district at the time of the reassignment.
4. If requested, the reason for reassignment shall be clearly communicated in writing. A specific statement indicating
whether the reassignment was made for unsatisfactory performance or for reasons associated with reorganization
and/or school closure should be included in the formal statement.
5. The district currently attempts to notify administrative personnel of possible reassignment by March 1. It is further
recommended that every effort be made to notify persons of the possibility of reassignment at the earliest possible
date. Whenever possible, this should be no later than January 15.
6. A clear, succinct job description should be on file for each administrative position. This job description is to be
reviewed each year by the administrator and his immediate supervisor and modified if appropriate.
7. All administrative personnel shall have recourse to the established district complaint procedures.
8. An individual who is reassigned shall be paid at the appropriate rate for the new assignment, beginning on the date
that the reassignment is effective.
The necessity for retaining the most effective persons in administrative assignments is recognized. The procedures
for implementing the reassignment policy are designed in order to make certain that these decisions are made in a
consistent and equitable manner. After these procedures have been carefully followed, it is recognized that the
ultimate responsibility for the final decision lies with the Superintendent and/or his designated representative.
13
BOARD OF EDUCATION
Attachment:
Date
Discussion
TO:
Kevin Skelly, Ph.D., Superintendent
FROM:
Scott J Bowers, Ed.D., Assistant Superintendent, Human Resources
SUBJECT:
Proposed School Calendars for 2009-2010 and 2010-2011
12
10.14.08
PROPOSAL
In accordance with the collective bargaining agreement, representatives from the Palo Alto
Educators Association (PAEA), the California School Employees Association (CSEA), and the
District met in August and September to develop and negotiate the work calendars for the
2009-2010 and 2010-2011 school years. Draft calendars that emerged from the group for these
two years are attached.
For this calendar adoption cycle, we suggest a process that allows for community and staff input
within a defined period of time.
1. Proposed calendars presented to the Board this evening as an information item.
2. Community, parents, and staff have an opportunity to provide input on the proposed
calendars over the next two weeks by emailing comments to [email protected]
3. On October 14, the Board reviews the proposed calendars as a discussion item. The
Board will also receive a synopsis of the input received from the community included in
the agenda item packet for their consideration.
4. On October 28th, the proposed calendars return to the Board as an action item.
BACKGROUND
The attached calendars contain 186 workdays for teachers and 180 instructional days for students,
as required by state mandate and the district’s negotiated agreement with PAEA. There are two
teacher workdays in August and one teacher workday in June, plus three staff development days in
each calendar—August 21, October 25, and February 11 in 2009-2010; August 20, October 8, and
February 10 in 2010-2011. These staff development days are placed adjacent to school holiday
weekends, providing for longer weekends for students three times in each year.
Community, staff, and Board input for the current school calendar identified a number of issues that
affect the PAUSD school calendar and were important considerations in the proposed calendars.
There appears to be broad support for a late August start of school, which is reflected in these
calendars. The late start considers the Stanford University school calendar, which is based on a
quarter schedule, with the fall quarter starting in late September. Feedback also suggests that
many families take August vacations.
Board members and many high school staff members have indicated they firmly believe that winter
break should be a break from schoolwork for both students and staff. One way to address this is to
1
move the end of the first semester into the third week of January. The additional week allows
teachers to provide for an assignment-free break while still having time after the winter break to
assign new material before finals.
In order to reinforce the strong value that the Board and others place on having the winter break be
a time free of schoolwork for students and staff, we propose the following message for inclusion on
the published district calendars:
The winter break is intended to be a time that is free from schoolwork for students
and staff. There should be no expectations on the part of students or staff that
schoolwork is done over this period. No assignments should be given over the
winter break, and any long-term assignments given before winter break should not
be due during the first week back from the break.
This message is included on the draft calendars attached as it would appear when published.
Each calendar provides for a local holiday the Wednesday before Thanksgiving (instead of a
district-wide minimum day). The committee also placed a local holiday on the Friday following first
semester final exams in January to allow for the transition from first to second semester classes at
the high schools.
Members of the Calendar Committee sought feedback from their colleagues on the proposed
calendars and received widespread support. The high school representatives did indicate there
was still interest at that level for a calendar that allowed for pre-break finals. Moving the end of the
semester back a week was viewed as a positive change.
RECOMMENDATION
This item was provided for information at the September 23 meeting and is presented for
discussion this evening. It is recommended the Board approve the calendars for the 2009-10 and
2010-11 school years at the regular meeting scheduled for October 28.
2
Proposed
9/23/08
SCHOOL YEAR CALENDAR FOR 2009-2010
JULY 2009
S
M
T
5
12
19
26
6
13
20
27
7
14
21
28
W
1
8
15
22
29
T
2
9
16
23
30
F
H
10
17
24
31
S
4
11
18
25
8/25
10/16
1/21
3/19
6/10
6/10
AUGUST 2009
S
M
T
T
F
S
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 WD SD 22
30
26
27
29
31
SEPTEMBER 2009
S
28
M
19 days
T
W
T
F
S
1
2
3
4
5
6
H
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 SD 26
27 LH 29
30
OCTOBER 2009
S
M
T
22 days
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
17 days
NOVEMBER 2009
S
M
1
2
3
4
5
6
7
8
9
10
H
12
13
14
15
16
17
18
19
20
21
22
23
29
30
T
W
T
24 LH
H
DECEMBER 2009
S
M
T
W
F
S
LH 28
14 days
T
F
S
M
T
W
3
10
17
24
31
4
11
H
25
5
12
19
26
6
13
20
27
T
F
S
H
2
7
8
9
14 15 16
21 LH 23
28 29 30
17 days
FEBRUARY 2010
S
1
23 WD 25
First Day for Students
---------------------End of 1st Quarter
End of Semester (90 days)
End of 3rd Quarter
---------------------Last Day for Students
5 days
W
13/5 days
JANUARY 2010
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 LH LH LH LH
27 LH LH LH LH
H
26
T
W
T
F
S
1
2
3
4
5
6
8
9
10 SD
H
13
14
H
16
17
18
19
20
21
22
23
24
25
26
27
Non-Student Days
9/7 ...............Labor Day
9/28 .............Local Holiday
11/11 ...........Veterans’ Day
11/25-27 ......Thanksgiving Holiday
12/21-1//1.....Winter Break
1/18 .............Martin Luther King, Jr. Day
1/22 .............Semester Break
2/12 .............Lincoln’s Birthday
2/15 .............Washington’s Birthday
4/12-16.........Spring Break
5/31 .............Memorial Day
8/20..............Teacher Work Day
6/4 ...............Teacher Work Day
8/21 .............Staff Development Day
7
28
MARCH 2010
S
H
LH
SD
WD
= Federal/State Holiday
= Local Holiday
= Staff Development Day
= Teacher Work Day
= District Student Minimum Day
= Finals Testing Day
23 days
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
APRIL 2010
S
4
M
5
T
6
W
7
17 days
T
F
S
1
2
3
8
9
10
11 LH LH LH LH LH 17
18
19
20
21
22
23
25
26
27
28
29
30
MAY 2010
24
20 days
S
M
T
W
T
F
S
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
H
1
The winter break is intended to be a time that
is free from schoolwork for students and staff.
There should be no expectations on the part of
students or staff that schoolwork is done over
this period.
S
1
M
S
No assignments should be given over the
winter break, and any long-term assignments
given before winter break should not be due
during the first week back from the break.
JUNE 2010
8 days
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10 WD 12
13
14
15
16
17
18
19
20
27
21
28
22
29
23
30
24
25
26
Cert. Personnel / Calendars / 2009-10 Calendar-template
Proposed
9/23/08
SCHOOL YEAR CALENDAR FOR 2010-2011
JULY 2010
S
M
T
W
4
11
18
25
H
12
19
26
6
13
20
27
7
14
21
28
T
1
8
15
22
29
JANUARY 2011
F
2
9
16
23
30
S
3
10
17
24
31
8/24
10/16
1/20
3/18
6/9
6/9
AUGUST 2010
T
(6 days)
S
M
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 WD SD 21
22 WD 24
W
25
T
26
29 30 31
SEPTEMBER 2010
S
M
T
5
H
7
12
13
14
19
20
21
22
F
27
S
28
(21 days)
W
T
F
S
1
2
3
4
8
9
10
11
15
16
17
18
23
24
25
26 27 28 29 30
OCTOBER 2010 (19 days)
S
3
M
4
T
W
First Day for Students
---------------------End of 1st Quarter
End of 3rd Quarter
---------------------Last Day for Students
T
F
S
1
2
Non-Student Days
---------------------9/6 ...............Labor Day
10/11 ...........Local Holiday
11/11 ...........Veterans’ Day
11/24-26 ......Thanksgiving Holiday
12/20-1/1......Winter Break
1/17 .............Martin Luther King, Jr. Day
1/21 .............Semester Break
2/11 .............Lincoln’s Birthday
2/14 .............Washington’s Birthday
4/11-15.........Spring Break
5/30 .............Memorial Day
---------------------8/19..............Teacher Work Day
6/10 .............Teacher Work Day
S
M
T
W
(13/6 days)
T
S
1
6
7
8
13 14 15
20 LH 22
27 28 29
2
3
4
5
9 10 11 12
16 H 18 19
23 24 25 26
30 31
FEBRUARY 2011
S
M
6
7
13
20
27
S
F
(17 days)
T
W
1
2
3
4
5
8
9
SD
H
12
H
15
16
17
18
19
21
22
23
24
25
26
28
MARCH 2011
M
T
F
S
(23 days)
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 29 30
APRIL 2011
31
S
M
T
W
(16 days)
T
F
S
1
2
5
6
7
SD
9
10 LH 12
13
14
15
16
4
5
6
7
8
9
LH
LH
LH
LH
LH
10
16
17
18
19
20
21
22
23
17
18
19
20
21
22
23
24
25
26
27
28
29
30
24
25
26
27
28
29
30
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
H 31
JUNE 2011
(7 days)
M
W
T
F
S
1
2
3
4
31
NOVEMBER 2010
S
(18 days)
M
T
W
T
F
S
1
2
3
5
6
7
8
9
10
4
H
12
13
14
15
16
21
22
17 18 19 20
23 LH H LH 27
28 29 30
DECEMBER 2010
S
M
T
(13 days)
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 LH LH LH LH
26 LH LH LH LH
H
H
25
H
LH
SD
WD
= Federal/State Holiday
= Local Holiday
= Staff Development Day
= Teacher Work Day
= District Student Minimum Day
= Finals Testing Day
The winter break is intended to be a time that is
free from schoolwork for students and staff. There
should be no expectations on the part of students
or staff that schoolwork is done over this period.
No assignments should be given over the winter
break, and any long-term assignments given
before winter break should not be due during the
first week back from the break.
3
MAY 2011
S
T
(21 days)
5
6
7
8
9
WD 11
12
13
14
15
16
17
18
19
26
20
27
21
28
22
29
23
30
24
25
Cert. Personnel / Calendars / 2010-11 Calendar-template
BOARD OF EDUCATION
Attachment:
Date:
Discussion
TO:
Board of Education
FROM:
SUBJECT:
Revision of Board Policy 6011 – School Size and Enrollment
13
10.14.08
This item was discussed at the September 23, 2008, regular meeting and is being discussed
a second time at this meeting.
BACKGROUND
On March 14, 2006, the Board established a School Size Policy (attached).
At the September 23 Board Meeting, staff presented the Board a report regarding school size and
enrollment for this year. The data showed that Escondido Elementary now exceeds the level by
which the Board can grant an exception to its school size range of 300-450, up to 520 with Board
exception. In addition, Ohlone Elementary is now above 450 and the Board must grant an
exception for this school.
As we review projected middle school enrollment for next year, we believe there is a strong
likelihood that both Jordan and JLS middle schools will exceed the 950 student maximum
allowable under existing Board Policy. Gunn High School is also likely to go over the high school
maximum of 1,950 this coming year.
The Board’s existing school size policy does not work well given the increased enrollment we are
currently experiencing and which is projected to continue. Further, staff believes the existing
School Size Policy fails to appropriately capture the values of the Board as they have been
articulated in meetings and in their collective comments regarding school size. For this reason, we
propose the attached edited Board Policy as a replacement of our existing policy. This version
attempts to capture Board input from the September 23 meeting.
As reported on September 23, staff will bring to the Board a plan to meet enrollment growth over
the next five years. This report will focus on construction projects and efforts of the Strong Schools
Bond and how these projects will increase capacity and the ability of school campuses to meet
student enrollment. Our hope is that this work allays concerns about school size.
RECOMMENDATION
This item is brought to the Board as a discussion item for the second time. After Board discussion
and input, staff would like to bring this item back for approval at the regular meeting scheduled for
October 28.
EXISTING
P A L O
A L T O U N I F I E D
D I S T R I C T
B O A R D
S C H O O L
P O L I C Y
INSTRUCTION
BP 6011
SCHOOL SIZE
The desired range of school size shall be 340 to 450 for elementary schools (K-5). The Board of
Education may, at its discretion, exempt an elementary school from the 450 limit, allowing
enrollment to grow up to 520 students. The desired range for middle schools (6-8) shall be 600 to
950. The desired range for high schools (9-12) shall be 1,200 to 1,950. These desired ranges are
inclusive of all programs. Special Day Classes shall continue to be placed to best meet the needs
of the students and the overall Special Education program.
Related Policies:
PAUSD Policy and Procedure Manual
Chapter III - Instruction
B. District Educational Plan,
1. Grade Distribution by Buildings
3. Class Size
C. Organizational Plan
D. Alternative Elementary Schools
E. Alternative Programs
Chapter IV- Students and Student Services
B. Enrollment
Palo Alto Educators Association Collective Bargaining Agreement with Palo Alto Unified School
District
Article IX – Class Size
P R O P O S E D P A L O
A L T O
U N I F I E D
B O A R D
S C H O O L
D I S T R I C T
P O L I C Y
INSTRUCTION
BP 6011
SCHOOL SIZE AND ENROLLMENT
The Board places a high priority on having students attend their neighborhood schools. School boundaries
should be established so that, to the extent possible, student enrollment within a boundary area and the
size of the school are the same. The Board recognizes there often will be more or fewer students in a
particular grade level than there is classroom space at a neighborhood school. In these casesWhen there
is no classroom space at their neighborhood school, students would be assigned to schools located in their
cluster or geographic area if there is space in those schools.
The Board encourages the Superintendent and (middle and high) school principals to develop methods to
promote student connections within the larger school context. (These methods should strengthen
adult-student contacts and support the development of effective curriculum and instructional practices.and
build a sense of community at and individual belonging in the schools.) School size should be determined by multiple criteria, some of which include play space, school acreage,
and school boundaries not easily adjusted because of natural neighborhood divisions. To the extent
possible, the Board encourages elementary school capacity to include space for adjunct staff (e.g. school
psychologists, etc.), enrichment programs, and “flex space” that can be used for additional student capacity
or the creation of specific curriculum and instructional practices. The Board is committed to providing
adequate and comparable facilities, educational experiences, opportunities, and staffing ratios in all
schools.and values balancing school enrollments when feasible.
It is the desire of the Board to minimize student traffic across busy streets and to work with the City of Palo
Alto to address common safety objectives including safe access to schools by foot, parking, bike routes,
and traffic flow.
Annually, the Board will receive enrollment projections and have the opportunity to discuss staff plans to
address short- and long-term enrollment capacity issues. This plan will be informed by information from the
City of Palo Alto regarding demographic data/housing additions and the influence these will have on
planning. In addition, the Board will receive information regarding how schools will maintain strong adultstudent contacts as enrollment and staffing change.
Special Day Classes shall continue to be placed at sites based on the needs of the students and the overall
Special Education Program.
Presented 09.23.08; Revised 10.06.08 Related Policies:
PAUSD Policy and Procedure Manual
Chapter III - Instruction
B. District Educational Plan,
1. Grade Distribution by Buildings
3. Class Size
C. Organizational Plan
D. Alternative Elementary Schools
E. Alternative Programs
Chapter IV- Students and Student Services
B. Enrollment
Palo Alto Educators Association Collective Bargaining Agreement with Palo Alto Unified School District
Article IX – Class Size
Presented 09.23.08; Revised 10.06.08 BOARD OF EDUCATION
Attachment:
Date:
Information
TO:
FROM:
Scott Laurence, Assistant Superintendent, Administrative Services
PREPARED BY:
William H. Garrison, Director, Assessment and Evaluation
SUBJECT:
Assessment Report and Strategic Plan Goals
14
10.14.08
BACKGROUND
This report is Part 2 of a three-part series on District assessment results and measurable academic
goals for the Strategic Plan.
• Part 1 (September 23 Board Meeting) presented the California Standards Test results, including
API and AYP.
• Part 2 (this evening) will present academic achievement results at the high school level.
(College Board SAT Exam, Advanced Placement (AP) Exam and the California High School
Exit Exam (CAHSEE) during the 2007-08 school year.)
• Part 3 (October 28) will present specific academic achievement goals for grades 3-8, and data
addressing academic achievement goals for grades 9-12.
The results of this information are used to inform curriculum and instruction.
This report will include a PowerPoint presentation, which will be provided during the meeting.
RECOMMENDATION
This item is presented for information and no action is required.
BOARD OF EDUCATION
Attachment:
Date:
TO:
Board of Education
FROM:
SUBJECT:
Resolution 2008-09.08 – Transfer of Territory
Discussion
15
10.14.08
BACKGROUND
The Santa Clara County Committee on School District Organization has received a formal petition
from the owners of eighteen units at the complex 670 San Antonio Road to transfer those properties
from the Mountain View-Los Altos Union High School District and the Mountain View-Whisman School
District to the Palo Alto Unified School District.
Staff has examined this petition and discussed its contents will the staff of Mountain View-Los Altos
Union High School District and the Mountain View-Whisman School District. We have agreed that
this transfer of territory is not in the best interest of any of our districts.
The boards of Mountain View-Los Altos Union High School District and the Mountain View-Whisman
School District will also be considering almost identical resolutions this month.
While there are many reasons for our opposition to this territory transfer, the two major ones are the
fact that our district is already substantially overcrowded and our worry that, if approved, it would set
precedence for similar requests in the future.
PROPOSAL
The Board is asked to review the attached resolution. If there is substantial support for the attached
language, staff will bring the item back for approval at the October 28, 2008, Board meeting.
RECOMMENDATION
It is recommended the Board approve this resolution at the October 28, 2008, regular Board meeting
after discussion at this meeting.
Attachment
Resolution 2008-09.08
Transfer of Territory
from Mountain View-Los Altos Union High School District and
Mountain View Whisman School District to Palo Alto Unified School District
WHEREAS, the Santa Clara County Committee on School District Organization has received a formal
petition from the owners of eighteen (18) units at the complex 670 San Antonio Road, Palo Alto, California
(APN: 147-72-001 through 147-72018), to transfer those properties from the Mountain View-Los Altos
Union High School District and the Mountain View Whisman School District to the Palo Alto Unified School
District which are under the jurisdiction of the Santa Clara County Superintendent of Schools; and
WHEREAS, California Education Code Section 35700 stipulates that an action to reorganize one or more
districts is initiated upon the filing, with the county superintendent of schools, of a petition signed by the
owners of the territory proposed to be reorganized or by a majority of the members of the governing boards
of each of the districts that would be affected by the proposed reorganization; and
WHEREAS, the petition has been examined by the Santa Clara County Superintendent of Schools and
found to be sufficient and signed as required by law; and
WHEREAS, California Education Code Section 35709 stipulates that the county committees on school
district organization may grant the petition if the conditions enumerated in Education Code Section 35753
are substantially met and the petition is to transfer inhabited territory of less than 10 percent of the
assessed valuation of the district from which the territory is being transferred and all of the governing
boards have consented to the transfer; and
WHEREAS, the transfer does not meet the conditions of Education Code Section 35753(6) in that the
reorganization will not promote sound education performance and will significantly disrupt the education
programs in the districts affected by the proposed reorganization due to increased overcrowding in the Palo
Alto Unified School District and due to loss of revenue to the Mountain View-Los Altos Union High School
District and the Mountain View Whisman School District; and
WHEREAS, the transfer does not meet the conditions of Education Code Section 35753(7) in that
reorganization would cause significant increase in school facilities costs to the already overcrowded
facilities in the Palo Alto Unified School District; and
reorganization is designed primarily to significantly increase property values; and
reorganization will cause a substantial negative effect on the fiscal status of the existing districts affected by
the proposed reorganization; and
WHEREAS, provisions for the exchange of property tax revenue are set forth in Taxation and Revenue
Code Section 99(h) and provide that upon the aforementioned transfer becoming effective for all purposes,
the property tax revenues generated by the aforementioned territory shall be attributable to tax rate areas
within the district(s) which receive the territory which is transferred; and
WHEREAS, the transfer has an increased financial impact on the remaining residents of the Mountain
View-Los Altos Union High School District and Mountain View Whisman School District to pay the current
and prior general obligation bonds and parcel taxes; and
WHEREAS, the approval of the transfer would set precedence for future transfers of territory out of the
Mountain View-Los Altos Union High School District and the Mountain View Whisman School District.
NOW, THEREFORE, BE IT RESOLVED that, by a vote of the majority of the members, the Governing
Board of the Palo Alto Unified School District declares that it is not in the best interest of the school district
to accept this transfer of property.
PASSED AND ADOPTED by the Governing Board of Palo Alto Unified School District, County of Santa
Clara, State of California, this ____ day of October 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Kevin Skelly, Clerk of the Governing Board, do hereby certify that the foregoing is a true and correct copy
of the resolution adopted by the Governing Board of the Palo Alto Unified School District at its regular
meeting of October __, 2008, and maintained on file in the office of said Board.
Kevin Skelly, Ph.D.
Clerk
BOARD OF EDUCATION
Attachment:
Date:
TO:
FROM:
Bob Golton and Cathy Mak, Chief Business Officers
SUBJECT:
State Budget Update for 2008-09
Information
16
10.14.08
BACKGROUND
In January of each year, the Governor proposes a budget for the subsequent fiscal year beginning
on July 1. As additional information becomes known, including current year revenue and
expenditures to date, the Governor presents a May Revise for the upcoming budget year. After the
May Revise, more budget negotiations take place in Sacramento. This eventually results in the
adoption of the State Budget.
This year the budget negotiations took more than three months. The State Budget was finally
signed and adopted on September 23. The Adopted 2008-09 State Budget is better than the
January proposal and the May Revise. The 2008-09 Budget is balanced based on combination of
short-term revenue improvements, budget reductions, budget reforms, and acceleration of future
revenues. Analysts are saying the bad news is far from over, and next year is likely to be even
more difficult.
Prop 98 and the Education Budget
There is no suspension of Prop 98. The 10.9% across-the-board cuts proposed in January will not
take place. There is no 6.5% categorical program reduction. For revenue limit districts, there is
even a small COLA of 0.68%.
The proposed flexibility options for categorical programs proposed in the May Revise were not
approved. This is a flat funding budget for most programs.
Deferred Maintenance funding is restored and funded for 2008-09. State funding for Special
Education remains at the same level as last year. There is, however, a small increase of
$12 million which equals an estimated $2.15 per student in federal funding to Special Education.
Budget Reforms
One of the final pieces of the 2008-09 Budget was an agreement to tighten the state current “Rainy
Day Fund.” The Governor proposed to increase the size of the fund from 5% to 12.5% of annual
revenues and to tighten the conditions under which withdrawals from the fund could be made.
These changes must now be approved by state voters. The agreement also authorized the
Governor to make midyear reductions to state operations of up to 7%. K-12 education funding is
not included in this authority. However, the authority for K-12 education cuts is not needed
provided the Legislature concurs. The risk of midyear cuts to K-12 education is high.
1
Lottery Proposal
The Governor proposed securitizing the lottery and leveraging the funds to borrow against future
sales. This proposal would hold local educational agencies harmless in 2009-10, using funding in
2008-09 as the base rate, plus COLA. This proposal has been viewed as a risky venture by many,
and implementation requires voter approval.
IMPACTS TO PAUSD
There is a total of $606,000 in additional state income for various categorical programs in the
General Fund and $420,000 in additional deferred maintenance funds to the Deferred Maintenance
Fund. Staff recommends deferring the allocation of all these additional funds until information on
potential midyear cuts is known. Categorical funds are at risk since they are likely targets for
midyear take backs. Consultants and analysts at the state are advising school districts to be
extremely cautious given the possibility of midyear cuts, the state of the economy, and the national
financial crisis.
RECOMMENDATION
This item is presented for information only; no action is necessary.
2
BOARD OF EDUCATION
Attachment:
Date:
Discussion
17
10.14.08
TO:
FROM:
SUBJECT:
Authorization to Seek Bids for the Construction/Renovation of the Industrial
Arts Building at Gunn High School
BACKGROUND
Proposition 1D, the Career Technical Education Facilities Program (CTEFP), was approved by the
voters in 2006. This proposition authorized funding for Career Technical Education facilities. The
funding is for 50-50 match money.
In June 2007, the Board approved the submission of a grant application package. In August 2007,
the grant application package, along with design concept drawings for the Industrial Arts (IA)
building at Gunn High School, was submitted to the State.
This building was chosen for the application because the program was eligible and the building had
not been modernized during the District’s previous bond measure.
There were four applications: (1) Biotechnology; (2) Auto Technology; (3) Engineering Technology;
and (4) Video Production. The applications for the first three received State approval and a
reservation of funds in March 2008. The 50% amounts were: (1) Biotechnology for $918,883; (2)
Auto Technology for $723,970; and (3) Engineering Technology for $692,080. The total, therefore,
was $2,334,933.
The reservation of funds required that the District receive plan approval from the Division of the
State Architect (DSA) and the California Department of Education (CDE) within 12 months. Plans
were completed and submitted to DSA in June 2008 and are expected to be approved by DSA by
the end of October. The plans will then be transmitted to CDE for their approval.
The project will be funded by the Proposition 1D funds, supplemented by Measure A – Strong
Schools Bond funding.
The next step in this process is to competitively bid and award this project and enter into
construction.
PROPOSAL
The project will provide two new Bio-Tech lab/classroom areas and a prep area. It will also
renovate the Auto Shop and provide a classroom for the auto program. It will renovate the
engineering classroom areas and shop areas (which are used for robotics). It will also renovate
the video production and studio area. Associated site work and hardscape is part of this program.
FISCAL IMPACT
This project will be funded by Proposition 1D project funds, with the balance funded by Measure A.
RECOMMENDATION
It is recommended the Board authorize staff to solicit bids for the Construction/Renovation of the
Industrial Arts Building on the Gunn High School campus.
BOARD OF EDUCATION
Attachment:
Date:
Discussion
TO:
FROM:
SUBJECT:
Student Nutrition Services Consultant Contract for 2008-09
18
10.14.08
BACKGROUND
In the past seven years, the Student Nutrition Services program has incurred a sizable and growing
deficit every year. In May 2008, the Board approved a plan for 2008-09 with the target of reducing
the program deficit to approximately $220,000 for 2008-09. The plan calls for savings in all areas of
the program. In May, the District reduced Student Nutrition staffing by 43 hours. This proposal will
reduce consulting personnel from two full-time consultants to one half-time consultant.
PROPOSAL
A Request for Proposal (RFP) for part-time consulting service was advertised in the San Jose
Mercury News in July 2008. We received one proposal from Sodexo USA.
Proposed Services
The key services of the contract include:
• A half-time, on-site consultant 2 to 3 times a week
• Available by phone support each operating day
• Manage the operation of student nutrition services program
• Ensure full compliance with state and federal regulations, PAUSD Food Services Policy
and Nutrition Policy
• Standardized recipes, production reports, site monitoring
• Monthly planning and publication of menu
• Ongoing support and training for the PAUSD Food Service Supervisors and employees
• Purchase food and supplies
• Marketing, sales, and financial analysis
Proposed Fees
Sodexo proposed a fixed price per meal of $1.743. This price is based on a projected 351,453
meals. The fixed price per meal includes part-time consultant, food, supplies, signage and
marketing materials, equipment, fees, and other miscellaneous Sodexo expenses. The detailed
cost breakdown is as below:
1
Sodexo Cost Breakdown
Projected Meals
Consulting Labor, 1/2 Time
Food and Supplies
USDA Commodities
Marketing Signage
Insurance/Workers Comp
Training Expense
Vehicle Costs and Phone
General and Administrative
Consulting Fee
351,453
$ 45,636
470,555
43,387
5,000
2,653
2,000
2,500
20,384
20,384
Per Meal
$0.130
1.339
0.123
0.014
0.008
0.006
0.007
0.058
0.058
Total
$612,500
$1.743
Meal Breakdown
Breakfast, 22,842 at 2 for 1
Lunches, 1 for 1
Equivalent Meals, $325,899 at $3.00 Equivalent Rate
Proposed Meals
11,421
231,399
108,633
351,453
Program Guarantee
This is an agreement for a Fixed Price contract. A Fixed Price contract is calculated based on
Sodexo assuming all of the risk for the performance of the Food Service operation. If expenses
incurred for the Food Service operation exceed the Fixed Price, Sodexo cannot charge the district
more than the Fixed Price. Sodexo assumes the responsibility for the shortfall. Conversely, if
expenses incurred for the Food Service operation are less than the Fixed Price earned by Sodexo,
Sodexo retains the excess. Inherent in this arrangement is the incentive for Sodexo to drive
participation since the Fixed Price is paid per meal served. This arrangement benefits the District in
several ways: (i) there is no risk of inflation for food and supplies to the District, (ii) the District is
able to easily budget for the Food Service operation, and (iii) any increased revenue generated by
Sodexo is retained by the District.
FISCAL IMPACT
Based on projected 351,453 meals, the proposed contract is $612,500, which includes all costs
except District labor and District trucks, for the 2008-09 Student Nutrition Services Program. This
amount is included in the 2008-09 Student Nutrition Services Budget.
RECOMMENDATION
Pending discussion at this meeting, it will be recommended at the meeting of October 28, 2008,
that the Board of Education approve the consulting contract with Sodexo at a per meal price of
$1.743. Total contract amount is $612,500 based on the estimated 351,453 meals.
2
AGREEMENT
This Agreement ("Agreement") is made and entered into as of the 29th day of
September, 2008, by and between PALO ALTO UNIFIED SCHOOL DISTRICT, a public school
district ("District"), and SODEXO AMERICA, LLC, a Delaware limited liability company
("Sodexo"), who agree as follows:
WHEREAS, District maintains food service facilities and operations for the benefit of
students and employees of District; and
WHEREAS, District desires to contract with persons who are specially trained,
experienced and competent to furnish special services and advice in the areas of the
administrative, financial, economic and operations aspects of food service operations, including,
but not limited to special services and advice in connection with ordering, purchasing, storing,
issuing, preparation, distribution and merchandising of food and beverage items; and
WHEREAS, Sodexo is a recognized expert in those administrative, financial, economic
and operational areas and aspects of food service operations, having on its staff persons who
are specially trained and competent to furnish the special services and advice required and
described above.
NOW, THEREFORE, District and Sodexo agree as follows:
ARTICLE I
PURPOSE OF AGREEMENT
1.1
Purpose of Agreement. The Agreement sets forth the terms and conditions upon
which District retains Sodexo to consult and advise on the management and operation of Food
Service for District's students, employees, visitors and guests at the Premises.
1.2
Independent Contractor. This is not an employment contract. Sodexo is an
independent contractor and is responsible for providing Unemployment Insurance and Worker's
Compensation coverage for Sodexo's employees and for payment of all federal, state and local
payroll taxes for and on behalf of Sodexo's employees. District retains control of its Food
Service employees with respect to all matters, including working conditions for such Food
Service employees and the safety, sanitation, and maintenance of the Food Service facilities
and the Premises.
1.3
Regulations and Policies. District shall provide Sodexo with copies of District's
existing applicable board policies, administrative regulations, guidelines, personnel commission
rules and collective bargaining agreements, as relevant to the Food Services provided pursuant
to this Agreement.
ARTICLE II
DEFINITIONS
G:\CONTRACT\AGR\EDSCH#11\PALOALTOUNIFIEDSD08-09.DOC (LIB/GAO/ja) 9/29/2008
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1
2.1
Accounting Period. A period of a calendar month, twelve (12) of which shall
constitute an accounting year.
2.2
Fixed Price. The fee established in Section 7.3.
2.3
Food Service. The preparation, service and sale of food, beverages, goods,
merchandise and other items at the Premises, including, but not limited to, vending service.
2.4
following:
General Support Services Allowance. Allowance for Sodexo overhead for the
A.
Supervision of Sodexo employees by executives not assigned to the
Food Service operation, and
B.
General support provided by Sodexo's accounting, tax and internal audit
departments.
2.5
Gross Sales. All sales of food, beverages, goods, merchandise and services in
the Food Service operation, plus sales taxes and federal and state reimbursements.
2.6
Meal Equivalents. The result of dividing the total of Net Sales exclusive of
Pattern Meal sales and milk program reimbursements (but inclusive of cash for adult meals, a la
carte food and beverages (including milk), snack bar, vending, Head Start Program, In-kind
meals, or any other functions or meal sales) by $3.00. Catering sales are not included in the
meal equivalent calculation.
2.7
Net Sales. Gross Sales, excluding sales and use taxes.
2.8
Pattern Meal. A meal eligible for government reimbursement. Each
reimbursement breakfast shall be considered one-half (1/2) meal/Meal Equivalent and each
reimbursable snack shall be considered one-fourth (1/4) of a meal/Meal Equivalent.
2.9
Premises. District's Food Service facilities located within the District as detailed
in Exhibit A attached hereto. Any additional locations shall be mutually agreed upon in writing
by the parties.
2.10
Smallwares. Dishware, glassware, flatware, utensils and similar items.
ARTICLE III
TERM AND EXCLUSIVITY
3.1
Term of Agreement. The term of the Agreement is eleven (11) months,
commencing on August 1, 2008, and continuing until June 30, 2009, and is subject to renewal
for four (4) one (1) year terms upon mutual agreement of the parties, unless terminated earlier
as hereinafter provided.
26000001
2
District and Sodexo agree to participate in a Common Goals Session within sixty
(60) days of the commencement of Services in accordance with Exhibit C. During the second
half of each school year, District and Sodexo agree to participate in an Annual Expectations
Meeting throughout the term of this Agreement in accordance with Exhibit D.
Sodexo shall present no less than biannually a verbal and written program
update to the School Board.
3.2
Food Service Exclusive. District grants Sodexo the exclusive right to provide
advice to District concerning the operation of the Food Service, vending and catering on or from
the Premises.
ARTICLE IV
FOOD SERVICE PROGRAM
4.1
Locations. Sodexo shall provide advice to District in preparing meals for District's
schools at District chosen locations and/or as set forth on Exhibit A.
4.2
Meal Program. Sodexo shall provide advice to District in providing nutritional
breakfasts (if applicable), lunches, milk service and a la carte items in accordance with the
following terms and conditions:
A.
Food shall be prepared at District's Food Service facilities by District Food
Service employees for service at the Premises.
B.
District Food Service employees shall collect Gross Sales receipts and
daily either deposit them into District's account or deliver them to District.
C.
Sodexo shall review existing prices for nutritional breakfasts, lunches and
milk service and provide a recommendation to District as to whether the prices are appropriate
or need to be adjusted.
D.
Sodexo shall also review existing prices for a la carte items, faculty and
staff meals, snack foods and beverages and provide a recommendation to District as to whether
the prices are appropriate or need to be adjusted.
E.
Sodexo shall provide advice to District in the administration of all free and
reduced price lunches and all ticketed lunches. District shall be responsible for establishing and
notifying parents and guardians of program criteria for providing free and reduced price meals
for eligible students. It shall be the responsibility of District to protect the anonymity of children
receiving free or reduced price meals and to establish methods for insuring such anonymity.
4.3
Special Diets. Sodexo shall provide advice to District in supplying any special
diets for students required for medical reasons when prescribed and approved in writing by a
medical doctor.
4.4
Advisory Food Committee. Sodexo shall have Advisory Food Committee
meetings at dates and times agreed upon by Sodexo and Advisory Food Committee members.
Sodexo shall cooperate with District in the establishment of an Advisory Food Committee,
26000001
3
members of which could consist of parents, teachers, students and Sodexo representative to
assist in planning menus.
4.5
Catering. Upon District's request, Sodexo shall provide advice to District in
providing catered Food Service at times and prices desired by District.
4.6
Non-Food Service Functions. District reserves the right, to use District's facilities
to sell or dispense food and beverages before or after regularly scheduled lunch or breakfast
periods, provided such use does not interfere with Food Service operations. District shall leave
the facilities and equipment in clean and orderly condition after each use.
ARTICLE V
EMPLOYEES
5.1
Sodexo Food Service Consultant. Sodexo shall provide to District one or more
specifically assigned, competent, qualified and experienced Food Service Consultant(s) who
shall be available to District either on site or on an on-call basis during the normal working hours
of District Food Service operations. The Food Service Consultant shall be the direct coordinator
and liaison between District and Sodexo. Such Food Service Consultant shall regularly review
all phases of District's Food Services operation for purposes of implementing the agreed upon
objectives and obtaining the goals of this Agreement, as listed in Exhibit E. In addition, the
Food Service Consultant shall provide recommendations and advice to District based on his/her
experience, analysis and review of all operations of the District Food Services program.
5.2
District's Employees. District agrees to furnish adult and/or student personnel in
a number reasonably necessary to maintain the efficient operation of the Food Service facilities.
The hiring, administration, and supervision of personnel shall remain the sole responsibility of
District. Additionally, District shall provide management personnel with direct control and
responsibility for supervision and evaluation of District's employees.
5.3
Personnel Obligations. Each party hereto shall be solely responsible for all
personnel actions and all claims arising out of injuries occurring on the job regarding employees
on its respective payroll. Each party shall withhold all applicable federal, state and local
employment taxes and payroll insurance with respect to its employees, insurance premiums,
contributions to benefit and deferred compensation plans, licensing fees and worker's
compensation costs and shall file all required documents and forms. Each party shall indemnify,
defend and hold the other harmless from and against any claims, liabilities and expenses
related to or arising out of the indemnifying party's responsibilities set forth herein.
26000001
4
5.4
Agreement Not To Hire. Neither party shall, without written consent, hire, make
any agreement with, or permit the employment in any operation providing Food Service, any
person who has been a salaried Sodexo or District employee providing Food Service to District
within one (1) year after said employee terminates employment or within one (1) year after
termination of this Agreement. If either party hires, makes any agreement with or permits
employment of any such employee, in any operation providing Food Service within the restricted
period, it is agreed that the affected party shall suffer damages and be paid as liquidated
damages an amount equal to two (2) times the employee or Food Service Consultant's annual
salary. For purposes of this calculation, “annual salary” refers to the annual salary previously
paid by Sodexo or the annual salary paid by the District, whichever is less. This sum has been
determined to be reasonable by both parties after due consideration of all relevant
circumstances. This provision shall survive termination of the Agreement.
5.5
Equal Opportunity Employer. Sodexo is an equal opportunity employer and shall
not discriminate because of race, color, religion, sex, age, national origin, disability, or status as
a Vietnam veteran, or any other reason as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination, or other employment-related
activities concerning its own employees. This prohibition against unlawful discrimination
extends to any person who is perceived to have any of the protected characteristics or who is
associated with someone who has, or who is perceived to have, any of those characteristics.
Sodexo shall comply with all applicable federal, state and local laws and regulations, including,
but not limited to, Executive Order 11246, as amended by 11375 and 12086; 12138 as
amended by 12608; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the
Vietnam Era Veterans Readjustment Assistance Act of 1974; Civil Rights Act of 1964; Equal
Pay Act of 1963; Age Discrimination in Employment Act of 1967; the Americans With Disabilities
Act; Immigration Reform and Control Act of 1986; Public Law 95-507; and any additions or
amendments thereto.
In addition, Sodexo will not comply with any type of unlawfully discriminatory request or
preference by anyone that restricts the opportunities of Sodexo’s workforce. The staffing,
promotion, placement or assignment of managers who work on this account shall be done
without any preference or limitation based on race, color, sex, age, disability, or any other basis
prohibited by law.
ARTICLE VI
INVENTORIES, FACILITIES, EQUIPMENT AND MAINTENANCE
6.1
Inventories of Food, Beverages, and Supplies. On August 1, 2008, Sodexo and
District shall jointly inventory all District food and supplies ("Opening Inventory"). Such opening
inventory shall be owned by District. Sodexo shall purchase additional inventory as needed for
the Food Service program and Sodexo shall own all additional inventory. At the end of the
Term or at termination, Sodexo and District shall jointly take a closing inventory ("Closing
Inventory") of all such food and supplies. The value of the inventories shall be determined by
invoices prices. If the Opening Inventory is greater than the Closing Inventory, the difference
shall be credited against amounts due Sodexo on Sodexo's final billing to District. If the Opening
Inventory is less than the Closing Inventory, the difference shall be added to amounts due
Sodexo on Sodexo's final billing to District and shall be paid by District.
6.2
Inventories of Equipment and Smallwares. District shall furnish necessary Food
Service equipment and Smallwares.
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6.3
Office Facilities. District, at District's expense, shall provide to Sodexo, an office
facility, including furniture, telephone and equipment. Sodexo shall take reasonable and proper
care of the office facility, furniture, telephone and equipment and return them to District upon
termination of the Agreement in good condition, ordinary wear and tear excepted.
6.4
Maintenance. District shall, at District's expense, provide maintenance personnel
and maintenance services, parts and supplies required to properly maintain the Premises and
Food Service equipment.
6.5
Condition of Premises and Equipment. The Premises and equipment provided
by District for use in the Food Service operation shall be in good condition and maintained by
District to ensure compliance with applicable laws concerning building conditions, sanitation,
safety and health (including, without limitation, OSHA regulations). District agrees that any
modifications or alterations to the workplace or the Premises (whether structural or nonstructural) necessary to comply with any statute or governmental regulation shall be the
responsibility of District and shall be at the District's expense.
6.6
Transportation Equipment and Vehicle. District, at its expense, shall provide any
vehicles and equipment required for transportation of lunches.
6.7
Telephone Expenses. District shall be responsible for telephone installation
costs for the telephone provided to the office facility referenced in Section 6.3 above and local
and reasonable long distance telephone billings connected therewith during the term of this
Agreement.
6.8
District's Obligations. District, at its expense, shall provide at the Locations:
electricity, gas, water and other utilities, ventilation, security service, telephone service, janitorial
supplies, pest extermination and control, Smallwares, replacement china, new equipment,
replacement of worn equipment, maintenance and repairs, refuse removal, painting, decorating,
property and liability insurance and applicable taxes on District’s property. If Sodexo purchases
any of the listed items they will invoice the district for reimbursement of such expenses.
The District requires pre-approval, in writing prior to any purchases made on behalf of the
District.
ARTICLE VII
PAYMENT TERMS
7.1
Working Capital. On the first day of each year of the Agreement, District shall
deposit with Sodexo Fifty Thousand Dollars ($50,000.00) as a working capital fund. Any portion
of such fund not required to pay the Fixed Price and other amounts owed to Sodexo at the end
of each year shall be credited to District on the final invoice for the year.
7.2
Invoice Due Date and Interest. Invoiced amounts shall be paid within thirty (30)
days after the invoice date. District shall pay interest on all undisputed amounts not paid when
due at the lesser of one and one-half percent (1.5%) per month or the highest contractual
interest rate allowed by applicable state law at the time the receivable becomes due.
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7.3
Disputed Invoices.
District may dispute any invoice submitted hereunder and
withhold payment without constituting a default, on the following basis: District will pay any
undisputed expenses and concurrently give written notice to Sodexho of the basis for the
dispute within ten (10) days of receipt of invoice. Sodexho shall provide documentation to
support the statement and the parties shall resolve any disputed item to the mutual satisfaction
of the parties. District shall remit payment to Sodexho within ten (10) days after resolution. If
payment has already been made to Sodexho prior to resolution of the disputed item and it is
determined that Sodexho owes a refund to District, it shall be credited to the following month's
invoice to District.
7.4
Fixed Price.
A. Sodexo shall invoice District $1.743 per Pattern Meal and Meal Equivalent
each Accounting Period for the services provided to District pursuant to this Agreement, based
on three hundred fifty one thousand four hundred fifty three (351,453) meals. The Fixed Price
includes the food, supplies, consultant, Insurance/workers compensation, signage/marketing
materials, other miscellaneous expenses, General Support Services Allowance and Consulting
Fee (collectively the "Fixed Price"). Sodexo shall issue a commodity credit monthly to the
District which is estimated to reduce the Fixed Price to $1.619 per Pattern Meal and Meal
Equivalent.
B.
Sodexo Fixed Price invoice will be fully compliant with all applicable laws
and regulations, including but not limited to 7 CFR § 210, § 215 and §220 [FNS-2007-003] RIN
0584-AD38 Procurement Requirements for the National School Lunch, School Breakfast and
Special Milk Programs, per the Food and Nutrition Services, USDA, Final Rule, dated
Wednesday, October 31, 2007.
C.
District catered events are not part of the fixed price. If Sodexho
purchases any items on behalf of the school district for these events, they will invoice the district
for reimbursement of such expenses.
7.5
Program Guarantee. This is an agreement for a Fixed Price arrangement. A
Fixed Price arrangement is calculated based on Sodexo assuming all of the risk for the
performance of the Food Service operation. If expenses incurred for the Food Service
operation exceed the Fixed Price as displayed on Exhibit B, Sodexo cannot charge the District
more than the Fixed Price. Sodexo assumes the responsibility for the shortfall. Conversely, if
expenses incurred for the Food Service operation are less than the Fixed Price earned by
Sodexo, Sodexo retains the excess. Inherent in this arrangement is the need for Sodexo to
drive participation since the Fixed Price is paid per meal served. This arrangement benefits the
District in several ways: (i) there is no risk of inflation for food and supplies to the District, (ii) the
District is able to easily budget for the Food Service operation and (iii) any increased revenue
generated by Sodexo is retained by the District.
7.6
Statements and Records. Sodexo shall submit operating statements to District
each Accounting Period and maintain records that District needs to support its claims for any
reimbursement. District, at District's expense, shall have the right to audit all operating
statements. During the term of this Agreement, all books and records relating to the Food
Service operation shall be maintained on District property and shall be made available as
required by State and Federal regulations for inspection and audit by either District, or state or
Federal auditors. Books and records may be removed temporarily from the Premises only with
permission from the District.
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7.7
Assumptions. Financial terms of the Agreement are based upon existing
conditions and the following assumptions. If there is a change in conditions, including, without
limitation, changes to the following assumptions, the financial terms of the Agreement shall be
adjusted to compensate for such change.
- Changes in District's policies, practices, and service requirements may result in the
need for an appropriate adjustment.
- Average daily attendance ("ADA"), based upon the P-2 reporting period for the contract
year shall meet or exceed ten thousand nine hundred eighty five (10,985).
- Legislation, regulations and reimbursement rates that create changes in the school
lunch program shall remain consistent throughout the year.
- Usable commodities, of adequate quality and variety are available for Sodexo's
proposed menu cycle, valued at $0.1875 per Pattern Meal for the contract year.
- The government reimbursement rates in effect as of August 1, 2008 shall remain
consistent throughout the year.
- Changes to meal components and quantities required by the National School Lunch
Act or the National School Lunch Program may result in the need for an appropriate adjustment.
- There shall be no competitive sales during the lunch period unless as otherwise agreed
upon by the parties in writing.
- Service hours, service requirements, type or number of facilities selling food and/or
beverages on District's Premises shall remain consistent throughout the contract year.
- Milk vendor prices shall increase or decrease as authorized by the California
Department of Food and Agriculture, Milk Stabilization Board. Adjustments may be made only
after notification of any price adjustment has been made in writing to the District from the
provider. Price changes shall become effective on the Monday following written notification to
the District.
- The projected number of full feeding days shall remain at one hundred eighty (180) in
the traditional schools.
- Sodexo programs and/or recommendations shall be implemented as proposed and
agreed upon by the District in writing in a timely manner.
- District costs for labor and benefits, equipment, indirect and other miscellaneous costs
shall not exceed amounts as budgeted for the period of August 1, 2008 through June 30, 2009.
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ARTICLE VIII
FINANCIAL ADJUSTMENT
8.1
Inflation Adjustments. The Fixed Price shall be adjusted annually by a
percentage equal to the minimum percentage increase in the Consumer Price Index ("CPI") for
Santa Clara County averaged for the previous year.
ARTICLE IX
GENERAL TERMS AND CONDITIONS
9.1
Taxes. District shall be responsible for collection and remittance of taxes
assessed on the Food Service operation excluding Sodexo's employee taxes and Sodexo's city,
state or federal income taxes. This provision shall survive termination of the Agreement.
9.2
Compliance with Law. Sodexo shall comply with all applicable laws, ordinances,
rules and regulations relating to Food Service sanitation, safety and health including, but not
limited to the following:
A.
National School Lunch Program (in particular Title 7, Code of Federal
Regulations, Section 210, 245, et seq.), the Child Nutrition Act, as amended (7CFR Part 220),
Section 103 of the Federal Contract Work Hours and Safety Standards Act (addressing
overtime and compensation), the Clean Air Act (42 USCA Section 7401), the Clean Water Act
(33 USCA Section 1251), Executive Order 11738, and Environmental Protection Agency (EPA)
regulations (40 CFR Part 15).
B.
Sodexo shall recognize mandatory standards and policies relating to
energy efficiency and shall comply with the Energy Conservation Policy and Conservation Act
(P.L. 94-163).
C.
Violations shall be reported to the U. S. Department of Agriculture, Food
and Nutrition Services, and the EPA. Sodexo shall not knowingly utilize a facility listed on the
EPA list of Violating Facilities.
D.
District shall procure and maintain all necessary licenses and permits.
Sodexo shall cooperate as necessary with District's compliance and procurement effort.
E.
Sodexo shall also comply with all laws, regulations and District policies
and administrative regulations applicable to school districts and shall not discriminate against
any individual on the basis of any protected class.
9.3
National School Lunch Program. To assist District's participation in the National
School Lunch Program (NSLP):
A.
Any federally donated commodities received by District and made
available to Sodexo shall be used only in District's Food Service operation.
B.
District shall make no payment for meals that are spoiled or
unwholesome at time of delivery, or for food that does not meet NSLP requirements or detailed
food component specifications as developed by District.
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C.
Sodexo shall maintain on site records needed by District to support
District's claim, and Sodexo shall provide reports to District at the end of each month.
D.
Sodexo shall make available, for a period of three (3) years from the date
of receipt of final payment under this Agreement, the books and records pertaining to the Food
Service operation. These records are subject to inspection or audit by representatives of the
State Agency and the United States General Accounting Office and the District at any
reasonable time or place. If audit findings require further investigation, the records shall be
maintained by Sodexo beyond the three (3) year period.
E.
The 21-day cycle menu submitted with the proposal shall be used in the
first 21 days of Food Service operations. Changes to the initial 21-day cycle menu and changes
thereafter may be made with approval of District.
F.
If food is prepared or served in a facility not located on District's premises,
Sodexo shall maintain state and local health certification for the facility during the term of the
Agreement.
G.
District shall monitor the Food Service operations through periodic on-site
visits to ensure that the program is being operated in accordance with all state and federal
requirements.
H.
District shall retain control of the quality, extent, general nature and prices
charged in Food Service operations.
I.
District shall retain signature authority on the claims for reimbursement for
the School Nutrition Program. District shall be responsible for determining eligibility for free and
reduced price meals, and for verifying information or claims for reimbursement.
J.
The Agreement may be terminated by either party pursuant to Sections
9.11 or 9.12 hereafter.
9.4
Insurance. The parties shall maintain insurance as follows:
A.
Workers' Compensation Insurance. Each party shall maintain workers'
compensation coverage as required by state law covering all of its employees employed in
connection with the Food Service operations.
B.
Comprehensive or Commercial Insurance. Sodexo shall maintain during
the term of the Agreement, for protection of District and Sodexo, Comprehensive or Commercial
General Bodily Injury and Property Damage Liability Insurance with a Combined Single Limit of
not less than Two Million Dollars ($2,000,000.00) for each occurrence, including, but not limited
to, Personal Injury Liability, Broad Form Property Damage Liability, Blanket Contractual Liability
and Products Liability, covering only the operations and activities of Sodexo under the
Agreement. The insurance policies shall contain covenants by the issuing company that the
policies shall not be canceled without thirty (30) days’ prior written notice of cancellation. With
the exception of Worker’s Compensation Insurance, District, its officers, agents, and employees
shall be named as additional insureds under Sodexo’s policies of insurance to the extent District
is indemnified pursuant to Section 9.6, and such policies shall be primary and not contributive to
the District’s policies. Sodexo shall, upon request, provide District with a certificate evidencing
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the policies described herein, and verifying the District, its officers, agents, and employees are
named as additional insured.
C.
Property Insurance. District shall maintain a system of coverage (either
through purchased insurance, self insurance, or a combination thereof) to keep District's
buildings, including Premises, and all property contained therein insured against loss or damage
by fire, explosion or other cause normally covered by standard broad form property insurance.
9.5
Non-Sodexo Approved Vendors. District understands that Sodexo has entered
into agreements with many vendors and suppliers of products which (i) give Sodexo the right to
inspect such vendors' and suppliers' plants and/or storage facilities and (ii) require such vendors
and suppliers to adhere to standards to ensure the quality of the products purchased by Sodexo
for or on behalf of District. District may, however, direct Sodexo to purchase products from nonSodexo approved vendors. In such instances, for the mutual protection of District and Sodexo,
District will require each such vendor to obtain from a reputable insurance company acceptable
to District and Sodexo liability insurance (including products liability coverage) and contractual
liability insurance in the amount of not less than Two Million Dollars ($2,000,000.00)for each
occurrence naming District and Sodexo as additional insured's and which insurance shall not
exclude the negligence of District or Sodexo. A certificate evidencing such insurance shall be
provided to District and Sodexo upon the request of either party. District shall also require each
such vendor to sign an indemnity certificate (acceptable to District and Sodexo) in which such
vendor shall agree to defend, indemnify, and hold harmless District and Sodexo from and
against all claims, liabilities, losses and expenses, including reasonable costs, collection
expenses, and attorneys' fees which may arise as a result of using such vendors product,
except when such liability arises as a result of the sole negligence of Sodexo and/or District.
District will require each such vendor to provide to the Sodexo General Manager detailed
ingredient statements for each food item purchased. District shall not require Sodexo to use
products from non-Sodexo approved vendors until such insurance certificates, indemnity
certificates, and ingredient statements have been provided.
9.6
Mutual Indemnity. Except as otherwise expressly provided in this Agreement,
Sodexo and District shall defend, indemnify and hold each other harmless from and against all
claims, liability, loss and expense, including reasonable collection expenses, attorneys' fees and
court costs which may arise because of the sole negligence, misconduct, or other fault of the
indemnifying party, its agents or employees in the performance of its obligations under this
Agreement. Notwithstanding the foregoing, with respect to property damage, for which the
parties maintain a system of coverage on their respective property, each party hereto waives its
rights, and the rights of its subsidiaries and affiliates, to recover from the other party hereto and
its subsidiaries and affiliates for loss or damage to such party's building, equipment,
improvements and other property of every kind and description resulting from fire, explosion or
other cause normally covered in standard broad form property insurance policies. This clause
shall survive termination of the Agreement.
9.7
Trade Secrets and Proprietary Information. During the term of the Agreement,
Sodexo may grant to District a nonexclusive right to access certain proprietary materials of
Sodexo including menus, recipes, signage, Food Service surveys and studies, management
guidelines and procedures, operating manuals, software (both owned by and licensed to
Sodexo) and similar compilations regularly used in Sodexo's business operations ("Trade
Secrets"). District shall not disclose any of Sodexo's Trade Secrets or other confidential
information, directly or indirectly, during or after the term of the Agreement unless required to do
so by law. District shall not photocopy or otherwise duplicate any such material without the prior
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written consent of Sodexo. All Trade Secrets (including CrossRoads Cuisines signage or any
other signage, servicemark or trademark proprietary to Sodexo), and other confidential
information shall remain the exclusive property of Sodexo and shall be returned to Sodexo
immediately upon termination of the Agreement unless the District is required by law to
photocopy or otherwise duplicate such material or otherwise disclose such information. District
shall not use any confusingly similar names, marks, systems, insignia, symbols or procedures
and methods. Without limiting the foregoing, District specifically agrees that all software
provided by Sodexo, not including any software purchased or owned by the District, associated
with the operation of the Food Service, including without limitation, menu systems, food
production systems, accounting systems, and other software, are owned by or licensed to
Sodexo and not District. Furthermore, District's access or use of such software shall not create
any right, title, interest, or copyright in such software, and District shall not retain such software
beyond the termination of the Agreement. In the event of any breach of this provision, Sodexo
shall be entitled to equitable relief, including an injunction or specific performance, in addition to
all other remedies otherwise available. This provision shall survive termination of the
Agreement.
9.8
Assignment. The Agreement may not be assigned by either party without the
written consent of the other party, except that Sodexo may, without prior approval and without
being released from any of its responsibilities hereunder, assign this Agreement to any affiliate
or wholly- owned subsidiary of Sodexo.
9.9
Notice. Any notice or communication required or permitted to be given
hereunder shall be in writing and shall be either served personally or sent by United States
registered or certified mail, postage prepaid with return receipt requested, addressed to the
other party as follows:
To District:
Attention: Cathy Mak
Co-Chief Business Officer
25 Churchill Avenue
Palo Alto, California 94306
To Sodexo:
Sodexo America, LLC
Attention: Peter McGrath
Senior Vice President
10300 SW Greenburg Road
Portland, Oregon 97223
and:
Sodexo America, LLC
Attention: Law Department
9801 Washingtonian Blvd., Dept 51/899.74
Gaithersburg, Maryland 20878
and/or to such other persons or place as either of the parties may hereafter designate in writing.
All such notices shall be effective when received.
9.10 Catastrophe. Neither Sodexo nor District shall be liable for failure to perform its
respective obligations under this Agreement when such failure is caused by fire, explosion,
water, act of God, civil disorder or disturbance, strikes, vandalism, war, riot, sabotage, weather
and energy related closings, governmental rules or regulations, failure of third parties to perform
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their obligations with respect to the Food Service operation, or like causes beyond the
reasonable control of such party, or for real or personal property destroyed or damaged due to
such causes.
9.11 Termination for Cause. If either party breaches a material provision hereof
between the parties ("Cause") the non-breaching party shall give the other party notice of such
Cause. If the Cause is remedied within ten (10) days in the case of failure to make payment
when due or sixty (60) days in the case of any other Cause, the notice shall be null and void. If
such Cause is not remedied within the specified period, the party giving notice shall have the
right to terminate the Agreement upon expiration of such remedy period. The rights of
termination referred to herein are not intended to be exclusive and are in addition to any other
rights available to either party at law or in equity.
9.12 Termination Without Cause. Either party may terminate the Agreement at any
time upon sixty (60) days' prior written notice to the other of the intention to terminate the
Agreement.
9.13 Fingerprinting. All Sodexo's employees assigned to the Food Service operation
at District's Premises shall be subject to fingerprinting and TB skin test. Fingerprinting shall be
administered in accordance with state law in a manner authorized by the Department of Justice
and Sodexo's personnel policies. Sodexo shall be responsible for the requisite fee as set forth in
Education Code Section 45125.1. Sodexo shall not permit any employee to come in contact
with students until the Department of Justice has ascertained that the employee has not been
convicted of a serious or violent felony.
9.14 Attorney's Fees and Governing Law. If any litigation is initiated to enforce or
interpret this Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
costs and expenses. This Agreement shall be governed by the laws of the State of California.
Any action or proceeding seeking any relief under or with respect to this Agreement shall be
brought solely in the Superior Court of the State of California for the County of Santa Clara.
9.15 Miscellaneous. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent or for any reason be invalid or
unenforceable, the remainder of the Agreement and the application of such term or provision to
any person or circumstance other than those as to which it is held invalid or unenforceable shall
not be affected thereby, and each remaining term and provision of the Agreement shall be valid
and enforceable to the fullest extent permitted by law.
A waiver of any failure to perform under the Agreement shall neither be
construed as nor constitute a waiver of any subsequent failure. The article and section headings
used herein are used solely for convenience and shall not be deemed to limit the subject of the
articles and sections or be considered in their interpretation. Any exhibits referred to herein are
made a part of the Agreement by reference, provided that in the event of a conflict between the
terms of such exhibit or any other document incorporated herein, and the terms of this
Agreement, the terms of the Agreement shall govern.
9.16 Warranty of Authority. The signatories below each warrant that they are duly
authorized to execute this agreement on behalf of, and to bind, the designated Party.
9.17 Counterparts. This Agreement may be executed in counterparts, all of which,
when taken together shall constitute a fully executed original. Photocopies of this Agreement or
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of execution signatures on this Agreement, or copies made by comparable means (including
copies made or sent by facsimile), shall be equivalent to originals.
This Agreement and its attachments and other documents specifically
incorporated by reference herein contain the entire understanding and agreement of the parties
concerning the matters contained herein, and supersedes and replaces any prior or
contemporaneous oral or written contracts or communications concerning the matters contained
herein. All provisions of the Agreement shall remain in effect throughout the term thereof unless
the parties agree, in a written document signed by both parties, to amend, add or delete any
provision. The Agreement may not be changed other than by an agreement in writing signed by
the parties hereto.
IN WITNESS WHEREOF, the parties hereto have entered into the Agreement as first set
forth above or the first day of the Term, whichever is sooner.
By: _________________________________________________
Cathy Mak
Co-Chief Business Officer
SODEXO AMERICA, LLC
By:
__________
Peter McGrath
Senior Vice President
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EXHIBIT A
List of Food Service Facilities
Elementary Schools
Addison
Briones
Duveneck
El Carmelo
Escondido
Fair Meadow
Hays
Hoover
Nixon
Ohlone
Palo Verde
Barron Park
Middle Schools
Jordan
Terman
Jane Lathrop Stanford
High Schools
Palo Alto High
Gunn High
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Exhibit B
2008-2009 Food Budget
Revenue
Federal Reimbursements
State Reimbursements
Food Sales
Catering
TOTAL
257,557
18,136
953,351
10,000
$1,239,044
Expenses
Sodexo Costs
Additional Support $325/Day, 2 addl. Days per week
Month of September
District Truck Lease & Gasoline
District Salaries (2000)
District Benefits (3000)
612,500
2,925
26,580
572,267
288,620
Sub Total Expenses
Sodexo Commodity Credit
Total Expenses
$1,502,892
(43,387)
$1,459,505
Program Excess/(Deficit)
($220,461)
Proposed Meals, 351,453 Sodexo's Fixed Price/Meal
Less Commodity Credit
1.743
($0.123)
Assuming full use of Commodities, Fixed Price/Meal
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$1.619
Sodexo Cost Breakdown
Projected Meals
Consulting Labor, 1/2 Time
Food and Supplies
USDA Commodities
Marketing Signage
Insurance/Workers Comp
Training Expense
Vehicle Costs and phone
General and Administrative
Consulting Fee
351,453
45,636
470,555
43,387
5,000
2,653
2,000
2,500
20,384
20,384
Per
Meal
0.130
1.339
0.123
0.014
0.008
0.006
0.007
0.058
0.058
Total
612,500
1.743
Meal Breakdown
Breakfast, 22,842 at 2 for 1
Lunches, 1 for 1
Equivalent Meals, $325,899 at $3.00 Equivalent Rate
Proposed Meals
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11,421
231,399
108,633
351,453
EXHIBIT C
COMMON GOALS SESSION
Definition:
Common Goals is a meeting that is always held within sixty (60) days of the commencement of
Services.
Objectives:
1.
2.
3.
4.
To assess the program's performance.
To seek input and provide better understanding of the contract to a broader
representation of key school district personnel.
To solidify relationships.
To gain consensus of objective/expectations from the business relationship.
Participants:
District: District liaison(s), and Superintendent, a Chief Business Officer, Purchasing Director
and School Administrator(s)
Sodexo: District Manager responsible for the contract, the General Manager and the Assistant
Manager, if applicable. Vice Presidents and other company executives should attend on "as
needed basis".
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EXHIBIT D
ANNUAL EXPECTATIONS MEETING
Definition:
Annual Expectations Meeting is a meeting that is always held during the second half of each
school year.
Objectives:
1.
2.
To review progress to date on the goals and priorities set in previous meetings.
To establish priorities to close the school year and expectations for the upcoming school
year.
Participants:
District: District liaison(s), and Superintendent. We suggest that at least one of the following
participate: Chief Business Officer or Purchasing Director.
Sodexo: District Manager responsible for the contract, the General Manager and the Assistant
Manager, if applicable. Vice Presidents and other company executives should attend on "as
needed basis".
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Exhibit E
Sodexo Goals and Objectives with Palo Alto Unified School District
1. Procurement
a. Food and Supplies, purchase all food items on behalf of the district, meeting the
goals of the district
b. 3rd Party Food and Safety audits for all approved Sodexho vendors
c. Take care of all food and supply bids in compliance with Child Nutrition
regulations and district Food Services Policy and Nutrition Policy.
d. Provide easy to use order guides that simplify the supervisors ordering process
2. Processing Services
a. Sodexo to pay all invoices, simplifying the process within food service with a
single invoice to pay and improving cash flow
b. Sodexo provides the district with a financial system. Providing financial reports
that ensure accurate tracking of the food service program, tracking revenue and
expenditures
c. Provide nutritional analysis for Palo Alto and all the necessary audit support to
ensure successful Child Nutrition Audits
3. Marketing
a. Provide the district with trade mark marketing programs that are professional
b. Area Marketing Manager to provide staff training as necessary
4. Program Support
a. Phone support and part time on-site consulting services to support the Palo Alto
food service supervisors and employees, providing school site support with
program implementation, staff training and development
b. Monthly menu development with Palo Alto staff input
c. Continually evaluate and modify systems to ensure program efficiency and
simplicity
d. Provide the Business Services Department with accurate projections and
program recommendations as the program evolves
5. Financial Goals
a. Meet budget objectives working toward a long term goal of financial stability
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BOARD OF EDUCATION
Attachment:
Date:
Discussion
TO:
Kevin Skelly, Ph.D., Superintendent
FROM:
Scott Bowers, Ed.D., Assistant Superintendent – Human Resources
SUBJECT:
Renewal of Student Teaching/Intern Agreements
19
10.14.08
Staff Recruitment and Development
BACKGROUND
Each year the Palo Alto Unified School District contracts with colleges and universities to provide
opportunities for teacher training participants to fulfill their student teaching or internship
requirements in our classrooms. Student teachers work in the classroom under the supervision of
a District teacher. A student teacher is not the teacher of record and receives no money from the
District. Interns are hired as full- or part-time teachers. They are placed on the certificated salary
schedule and are the teachers of record for their class(es). Interns are jointly supervised by a
university representative and a PAUSD teacher or administrator. Supervising teachers for interns
or student teachers usually receive a small stipend from the universities for their services.
PROPOSAL
While the District primarily places student teachers and interns from Notre Dame de Namur
University, Stanford University, and San Jose State University, we are asking for authorization to
enter into agreements with the following twelve institutions:
California State University—East Bay
California State University—Fresno
National University
Notre Dame de Namur University
San Francisco State University
San Jose State University
Santa Clara University
Stanford University
University of California—Berkeley
University of California—Santa Barbara
University of Phoenix
University of San Francisco
Some of these institutions have contracts on file, and others will develop contracts when and if a
student teacher is assigned to one of our schools. Board authorization to enter into agreements
with these twelve institutions will allow us to work with candidates from each of them, should the
opportunity arise.
RECOMMENDATION
It is recommended the Board of Education authorize the District to enter into student
teaching/internship agreements with the twelve institutions noted above as needed.
BOARD OF EDUCATION
Attachment:
Date:
TO:
FROM:
Discussion
20
10.14.08
SUBJECT: Resolution 2008-09.07: Adoption of Appropriation Limits for 2007-08 and 2008-09
BACKGROUND
Annually, the Board must adopt an Appropriation Limit (Gann Limit) for the new fiscal year and
revise the Appropriation Limit for the fiscal year that just ended. The State Department of Finance
is then notified of the action because the State Gann Limit and school district Gann Limits are
intertwined. The Gann Limits of other local government agencies, such as cities and counties, are
not so closely linked to the state's own limit and are calculated and approved under a different set
of regulations.
The attachment presents the Gann Limit recalculation for 2007-08 and the preliminary limit for
2008-09. After the close of the current year, the 2008-09 limit will be recalculated.
PROPOSAL
The attached worksheets present the calculations for both years. The District's recalculated limit for
fiscal year 2007-08 is $105,972,603. The preliminary limit for 2008-09 is $114,519,609.
This routine calculation is presented for approval in order to comply with the statutory requirement.
FISCAL IMPACT
Adoption of the Gann Limit has no direct effect on the district. By law, the District's limit is set at the
appropriation level. The calculation is necessary, however, because the State's Gann Limit is
impacted by the changes in school district limits.
RECOMMENDATION
It is recommended the Board adopt the Resolution 2008-09.07 to establish the Appropriation Limit
for 2008-09 and to re-establish the Appropriation Limit for 2007-08, as presented.
RESOLUTION 2008-09.07
ESTABLISHING 2008-09 APPROPRIATION LIMIT AND
RE-ESTABLISHING 2007-08 APPROPRIATION LIMIT
WHEREAS, in November 1979, the California electorate did adopt Proposition 4, commonly called
the Gann Amendment, which added Article XIIIB to the California Constitution; and,
WHEREAS, the provisions of that Article establish maximum appropriations limits, commonly
called "Gann limits," for public agencies including school districts; and,
WHEREAS, the District must establish a Gann limit for the current fiscal year and re-establish the
Gann Limit for the fiscal year just ended in accordance with the provisions of Article XIIIB and
applicable statutory law; and,
WHEREAS, Government Code Section 7902.1 provides that school districts may increase their
Gann Limits under specific circumstances;
NOW, THEREFORE BE IT RESOLVED that this Board does provide public notice that the
attached calculations and documentation of the Gann limit for the 2008-09 and 2007-08 fiscal
years are made in accordance with applicable constitutional and statutory law and that this Gann
limit was adopted pursuant to Government Code Section 7902.1 at $105,972,603 for 2007-08 and
for $114,519,609 for 2008-09.
BE IT FURTHER RESOLVED that this Board does hereby declare that the appropriations in the
Budget for the 2007-08 and 2008-09 fiscal years do not exceed the limitations imposed by
Proposition 4;
BE IT FURTHER RESOLVED that the Superintendent provides copies of this resolution along with
appropriate attachments to interested citizens of this District.
PASSED AND ADOPTED BY: the Board of Education of Palo Alto Unified School District this
28th day of October 2008 by the following vote:
AYES:
NOES:
ABSENT:
I, Kevin Skelly, Clerk of the Governing Board of the Palo Alto Unified School District of Santa Clara
County, California, do hereby certify that the foregoing is a full, true, and correct copy of a
resolution adopted by the Board at a meeting thereof held at its regular place of meeting on the
date shown above and by the vote above stated, which resolution is on file in the office of said
Board.
Date: October 28, 2008
Signed: ___________________________________
Kevin Skelly, Clerk