Regular Meeting of the Board of Trustees

Transcription

Regular Meeting of the Board of Trustees
Regular Meeting of the Board of Trustees
Thursday, April 07, 2016
5:30 PM
Lucerne Valley Unified School District Board Room
8560 Aliento Road
Lucerne Valley, CA 92356
All Board Actions and Discussions are recorded. Individuals who require special
accommodation, including but not limited to, an American sign language
interpreter, accessible seating, or documentation in accessible formats, should
contact the Superintendent or designee at least two days before the meeting
date.
Public documents relating to Open Session Agenda Items are available for
review by the public at the Lucerne Valley Unified School District Office located
at 8560 Aliento Road, Lucerne Valley, California
Public Comment
Members of the public may address the Board during Public Participation on
any item of interest that is within the subject matter jurisdiction of the Board.
Members of the public may also address the Board on any agenda item before or
during the Board's consideration of the item. Per government code 54954.2, no
action or discussing shall be undertaken on any item not appearing on the
posted agenda, except that members of a legislative body or its staff may briefly
respond to statements made or questions posed by persons exercising their
public testimony rights.
A.
Call to Order
A.1. Pledge of Allegiance
A.2. Adoption of Agenda
B. Consent Action Items - It is recommended that the Board of
Trustees consider approving a number of Agenda Items as a Consent
list. Consent items are routine in nature, and can be enacted in one
motion without further discussion. This procedure conserves meeting
time for a full discussion of significant issues.
Regular Board Meeting Agenda of April 7, 2016
Page 1
B.1. Approval of Minutes - BE IT RESOLVED that the Minutes of
the Special Meeting of March 24, 2016 be approved as submitted
B.2. Approval of Minutes - BE IT RESOLVED that the Minutes of
the Special Meeting of March 31, 2016 be approved as submitted.
B.3. Ratify 2015-16 Inter-District Transfers
B.4. Ratify 2016-17 Inter-District Transfer
B.5. Approve Field Trip
B.6. Approve Conference Requests
B.7. Ratify Conference/Workshop Request
B.8. Approve Personnel Items
B.9. Approve Warrants and District Orders, Batches 0266 through
0277A
C.
Items Moved From Consent for Discussion and Action
D. Communications - Public Comment On Items Not Appearing On
The Agenda
E.
Public Comment On Closed Session Items
F.
Closed Session
F.1. PUBLIC EMPLOYEE APPOINTMENT - Government Code
section 54957 Title: Interim Superintendent
F.2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE:
Government Code section 54957
F.3. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED
LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS
PURSUANT TO GC sections 54954.5(c) and 54956.9(2)(2): One
possible case.
G.
Reconvene To Open Session
H.
Report Out Action Taken During Closed Session
Regular Board Meeting Agenda of April 7, 2016
Page 2
I.
Presentations
I.1. Lucerne Valley Elementary School - Student Landon Lindner
will give an update on Lucerne Valley Elementary School.
I.2. Lucerne Valley Middle/High School - Student Madison Redding
will give an update on Lucerne Valley Middle/High School ASB and
Lucerne Valley High School FFA.
I.3. John Mickelson, Tel-Craft Communications and Michelle
Stritzler, TelePacific will present on the LVUSD phone system and
proposed/implemented repairs and upgrades.
J.
Information/Discussion
J.1. Enrollment
J.2. Weekly Cash Position
J.3. Budget Summary Report
J.4. Williams Quarterly Uniform Complaint Report Summary
J.5. CSBA Delegate Assembly Election Results
J.6. Superintendent Search Process: Representative Dr. Ralph
Baker from the San Bernardino County Superintendent of School's
Office will be presenting proposed parameters and timelines for
conducting a search for superintendent and receive input from the
Board.
J.7. First Five Program: Update on funding options after meeting
with First Five and San Bernardino County Preschool Services
Department Representatives. (Edwin Cruz and Fran Muller)
J.8. Update of recent Mitsubishi Cement Corporation Education
Foundation (MCCEF) Board Meeting and review LVUSD board
delegates list. (Teresa Reyes)
J.9. LVUSD Board of Trustees Workshop: Review possible dates for
a workshop/conversation meeting per LVUSD Governance
Handbook/Newly Elected Board Member protocol.
Regular Board Meeting Agenda of April 7, 2016
Page 3
K. Board, Superintendent and Administrator Reports - Board
Members, the Superintendent, and/or Site Administrators may wish to
discuss events and activities not on the agenda or to request future
agenda items.
L.
Discussion/Action Items
L.1. Approve Master Interdistrict Attendance Agreement
L.2. Approve Contract with Tel-Craft Communications to
repair/upgrade district phone system totaling $80,019.40.
L.3. Ratify Employment Agreement with Mr. Dan Leary to become
Interim Superintendent.
L.4. Approve Financial Advisory Services Agreement with
Government Financial Strategies
L.5. Approve Multiple Services Agreement with School Innovations
& Achievement
M.
Adjournment
Regular Board Meeting Agenda of April 7, 2016
Page 4
B. Consent Action Items - It is recommended that the Board
of Trustees consider approving a number of Agenda Items
as a Consent list. Consent items are routine in nature, and
can be enacted in one motion without further discussion.
This procedure conserves meeting time for a full discussion
of significant issues.
Regular Board Meeting Agenda of April 7, 2016
Page 5
B.1. Approval of Minutes - BE IT RESOLVED that the Minutes of the
Special Meeting of March 24, 2016 be approved as submitted
Attachments:
Minutes of 3/24/16
Regular Board Meeting Agenda of April 7, 2016
Page 6
Minutes of the
Special Meeting of the Board of Trustees
Thursday, March 24, 2016
5:30 PM
Lucerne Valley Unified School District Board Room
8560 Aliento Road
Lucerne Valley, CA 92356
Attendance Taken at 5:30 PM:
Present:
Douglas Beaton
Joanne Collingham
Tom Courtney
Carmen Fox
Thomas Hagen
Jim Harvey
Absent:
Patricia Courtney
Suzette Davis
Mary Eller
Leslie Milligan
A. Call to Order
Minutes:
The meeting was called to order at 5:30 p.m. by Board President Jim Harvey.
Motion Passed: Passed with a motion by Joanne Collingham and a second by
Carmen Fox.
Yes Joanne Collingham
Yes Tom Courtney
Yes Carmen Fox
Yes Thomas Hagen
Yes Jim Harvey
Minutes of the Special Meeting of March 24, 2016
Page 1
A.1. Pledge of Allegiance
Minutes:
Mr. Jim Harvey led the Pledge of Allegiance
A.2. Adoption of Agenda
Minutes:
The Agenda for this Special Meeting was adopted as presented.
B. Communications - Public Comment On Items Not Appearing On The
Agenda
Minutes:
There was no public comment at this time.
C. Public Comment On Closed Session Items
Minutes:
Ms. Cindy Lazenby asked if the District would buying out the superintendent's
contract and how long it would be before there is an Interim Superintendent. Mr.
Harvey told Ms. Lazenby that he was unable to answer those questions at that
time and there may be more information when the board reported out after
closed session.
D. Closed Session
Minutes:
The Board adjourned to Closed Session at 5:36 p.m.
D.1. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE:
Government code Section 54957
D.2. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED
LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS
PURSUANT TO GC sections 54954.5(c) and 54956.9(d)(2): Two
possible cases.
D.3. PUBLIC EMPLOYEE Appointment - Government Code section
54957 Title: Interim Superintendent
E. Reconvene To Open Session
Minutes:
Minutes of the Special Meeting of March 24, 2016
Page 2
The Board reconvened to Open Session at 10:00 p.m.
F. Report Out Action Taken During Closed Session
Minutes:
There was no action taken during Closed Session.
G. Adjournment
Minutes:
The meeting was adjourned at 10:02 p.m.
Motion Passed: Passed with a motion by Thomas Hagen and a second by
Joanne Collingham.
Yes Joanne Collingham
Yes Tom Courtney
Yes Carmen Fox
Yes Thomas Hagen
Yes Jim Harvey
_____________________________________
Tom Courtney, Board Clerk
Minutes of the Special Meeting of March 24, 2016
Page 3
B.2. Approval of Minutes - BE IT RESOLVED that the Minutes of the
Special Meeting of March 31, 2016 be approved as submitted.
Attachments:
Minutes of March 31, 2016
Regular Board Meeting Agenda of April 7, 2016
Page 7
Minutes of the
Special Meeting of the Board of Trustees
Thursday, March 31, 2016
5:30 PM
Lucerne Valley Unified School District Board Room
8560 Aliento Road
Lucerne Valley, CA 92356
Attendance Taken at 5:30 PM:
Present:
Tom Courtney
Carmen Fox
Thomas Hagen
Jim Harvey
Leslie Milligan
Absent:
Douglas Beaton
Joanne Collingham
Patricia Courtney
Suzette Davis
Mary Eller
A. Call to Order
Minutes:
The meeting was called to order at 5:32 p.m. by Board President Jim Harvey.
A.1. Pledge of Allegiance
Minutes:
Mr. Jim Harvey led the Pledge of Allegiance.
A.2. Adoption of Agenda
Minutes of the Special Meeting of March 31, 2016
Page 1
Minutes:
The Agenda for this Special Meeting was adopted as presented.
Motion Passed: Passed with a motion by Carmen Fox and a second by
Tom Courtney.
Absent
Joanne Collingham
Yes Tom Courtney
Yes Carmen Fox
Yes Thomas Hagen
Yes Jim Harvey
B. Communications - Public Comment On Items Not Appearing On The
Agenda
Minutes:
There was no public comment at this time.
C. Public Comment On Closed Session Items
Minutes:
There was no public comment on closed session items.
D. Closed Session
Minutes:
The Board adjourned to Closed Session at 5:35 p.m.
D.1. PUBLIC EMPLOYEE APPOINTMENT - Government Code
section 54957 Title: Interim Superintendent
D.2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE:
Government Code section 54957
D.3. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED
LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS
PURSUANT TO GC sections 54954.5(c) and 54956.9(d)(2): One
possible case.
E. Reconvene To Open Session
Minutes:
The Board reconvened to Open Session at 6:51 p.m.
Minutes of the Special Meeting of March 31, 2016
Page 2
F. Report Out Action Taken During Closed Session
Minutes:
There was no action taken during Closed Session.
G. Adjournment
Minutes:
The meeting was adjourned at 6:54 p.m.
Motion Passed: Passed with a motion by Tom Courtney and a second by
Carmen Fox.
Absent
Joanne Collingham
Yes Tom Courtney
Yes Carmen Fox
Yes Thomas Hagen
Yes Jim Harvey
_____________________________________
Carmen Fox, Board Clerk
Minutes of the Special Meeting of March 31, 2016
Page 3
B.3. Ratify 2015-16 Inter-District Transfers
Rationale:
The Board is requested to ratify the following 2015-16 inter-district transfer
requests.
Incoming
One student from Apple Valley Unified School District to Lucerne Valley
Unified School District (LVES). Reason: Parent work at LVUSD.
Outgoing
Two students from Lucerne Valley Unified School District to Apple Valley
Unified School District (AV High School). Reason: To complete school year in
Apple Valley after moving to Lucerne Valley.
Regular Board Meeting Agenda of April 7, 2016
Page 8
B.4. Ratify 2016-17 Inter-District Transfer
Rationale:
The Board is requested to ratify the following 2016-17 inter-district transfer
request.
Outgoing
One student from Lucerne Valley Unified School District to Apple Valley
Unified School District (Sandia Elementary). Reason: Siblings currently
attending Sandia.
Regular Board Meeting Agenda of April 7, 2016
Page 9
B.5. Approve Field Trip
Rationale:
The Board of Trustees is requested to approve the following field trip
request:
May 20, 2016 - Mountain View High School Students to Raging Waters in
San Dimas
Attachments:
Field Trip
Regular Board Meeting Agenda of April 7, 2016
Page 10
B.6. Approve Conference Requests
Rationale:
The Board of Trustees is requested to approve the following
conference/workshop requests:
April 14-16, 2016 - CASBO Conference in Pasadena to be attended by
Kimberly Zilius.
April 15-16, 2016 - CASBO Conference in Pasadena to be attended by
Cynthia Lattin-Oliveira
April 27, 2016 - Administering School Risks in Perris to be attended by Kim
Alonzo
June 28-July 1, 2016 - Girl Bullying and Empowerment National Conference
in Las Vegas to be attended by Victoria Perry.
Attachments:
Conference Requests
Regular Board Meeting Agenda of April 7, 2016
Page 11
B.7. Ratify Conference/Workshop Request
Rationale:
The Board of Trustees is requested to ratify the following
Conference/Workshop Request:
March 5-6, 2016 - CrossFit Weightlifting Course in San Diego attended by
Stephen Warnock.
Attachments:
Ratify Conf Request
Regular Board Meeting Agenda of April 7, 2016
Page 12
B.8. Approve Personnel Items
Rationale:
Certificated
1. Ratify acceptance of the resignation of Edith Vega, Spanish Teacher at
Lucerne Valley High School, effective May 27, 2016
Classified
2. The Board of Trustees is requested to approve hiring Denise Gonzales as a
Substitute Food Service Worker.
3. The Board of Trustees is requested to approve hiring Cassandra Reveles
as a Substitute Instructional Aide.
4. The Board of Trustees is requested to approve hiring Theresa Tomasso as
a Substitute Instructional Aide.
5. The Board of Trustees is requested to approve hiring Noel Perry as a
Substitute Food Service Worker.
6. The Board of Trustees is requested to approve hiring Clinton Diller as a
Substitute Maintenance 1G Worker.
7. The Board of Trustees is requested to approve hiring Shannon Holt as a
Substitute Instructional Aide (pending TB verification).
Regular Board Meeting Agenda of April 7, 2016
Page 13
B.9. Approve Warrants and District Orders, Batches 0266 through
0277A
Attachments:
Batches
Regular Board Meeting Agenda of April 7, 2016
Page 14
F. Closed Session
Regular Board Meeting Agenda of April 7, 2016
Page 15
F.1. PUBLIC EMPLOYEE APPOINTMENT - Government
Code section 54957 Title: Interim Superintendent
Regular Board Meeting Agenda of April 7, 2016
Page 16
F.2. PUBLIC EMPLOYEE
DISCIPLINE/DISMISSAL/RELEASE: Government Code
section 54957
Regular Board Meeting Agenda of April 7, 2016
Page 17
F.3. CONFERENCE WITH LEGAL COUNSEL:
ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO
LITIGATION EXISTS PURSUANT TO GC sections 54954.5(c)
and 54956.9(2)(2): One possible case.
Regular Board Meeting Agenda of April 7, 2016
Page 18
I. Presentations
Regular Board Meeting Agenda of April 7, 2016
Page 19
I.1. Lucerne Valley Elementary School - Student Landon
Lindner will give an update on Lucerne Valley Elementary
School.
Regular Board Meeting Agenda of April 7, 2016
Page 20
I.2. Lucerne Valley Middle/High School - Student Madison
Redding will give an update on Lucerne Valley Middle/High
School ASB and Lucerne Valley High School FFA.
Regular Board Meeting Agenda of April 7, 2016
Page 21
I.3. John Mickelson, Tel-Craft Communications and
Michelle Stritzler, TelePacific will present on the LVUSD
phone system and proposed/implemented repairs and
upgrades.
Regular Board Meeting Agenda of April 7, 2016
Page 22
J. Information/Discussion
Regular Board Meeting Agenda of April 7, 2016
Page 23
J.1. Enrollment
Attachments:
Enrollment
Enrollment Graph
Regular Board Meeting Agenda of April 7, 2016
Page 24
Lucerne Valley Unified School District
2015-2016 Enrollment
Report Date: March 2016 FINAL
11/12 12/13 13/14 14/15
2015/16
63
54
52
47
Kindergarten:
Barnes
Fuller
36
19
17
0
66
49
58
49
1st Grade:
Chicca-Wilding
Deisler
Miller
Zyskowsksi
50
21
7
1
21
47
67
51
58
2nd Grade:
Chicca-Wilding
Deisler
Garibay
Hirschhorn
45
1
12
19
13
66
46
71
53
3rd Grade:
Byrd
Hall
Hirschhorn
Miller
52
23
20
6
3
4th Grade
Childs
Miller
Pennington
53
25
4
24
5th Grade:
Pearson
Pedersen
Raschke
63
29
29
5
6th Grade
Lane
Paddack
Raschke
41
19
20
2
63
65
48
60
72
63
70
50
65
68
62
64
442
412
412
381
340
11/12 12/13
13/14
14/15
2015/16
120
49
71
109
63
46
119
62
57
113
58
55
LVMS:
7th grade:
8th grade:
111
54
57
224
55
63
62
44
236
70
58
57
51
223
56
67
56
44
222
63
54
59
46
LVHS:
9th grade:
10th grade:
11th grade:
12th grade:
207
55
51
50
51
20
0
0
0
0
6
8
6
21
0
0
0
0
2
10
9
22
0
0
0
4
4
6
8
12
0
0
0
0
1
6
5
MVHS:
6th grade
7th grade
8th grade
9th grade
10th grade
11th grade
12th grade
16
0
0
0
1
2
5
8
Ind. Study
8
3
5
814
11
3
8
789
13
7
6
789
8
3
5
CDS:
Gr. 5-8
Gr. 9-12
8
3
5
Home Hospital:
0
736
Total
LVES
LVMS
LVHS
MVHS
Ind. Study
Com Day Sch. 5-8
Com Day Sch. 9-12
Home Hosp.
*Adult Ed. & Pregnant Minor are not part of general fund enrollment total.
TOTAL
682
340
111
207
16
3
5
0
682
LUCERNE VALLEY UNIFIED SCHOOL DISTRICT - ENROLLMENT HISTORY
Aug
704
704
794
2015-16
2014-15
2013-14
2012-13
2011-12
Sept
711
708
788
789
832
Oct.
701
711
772
796
843
Nov.
689
717
773
806
831
Dec.
685
728
770
803
832
Jan.
689
738
773
796
831
Feb.
692
727
783
800
817
March
682
736
775
789
814
April
May
737
757
775
805
741
753
777
807
June
Average
775
797
725
774
791
821
5 YEAR ENROLLMENT HISTORY
900
850
ENROLLMENT
800
2015-16
750
2014-15
2013-14
700
2012-13
2011-12
650
600
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
J.2. Weekly Cash Position
Attachments:
Weekly Cash Position
Regular Board Meeting Agenda of April 7, 2016
Page 25
J.3. Budget Summary Report
Attachments:
Budget Summary
Regular Board Meeting Agenda of April 7, 2016
Page 26
J.4. Williams Quarterly Uniform Complaint Report Summary
Regular Board Meeting Agenda of April 7, 2016
Page 27
J.5. CSBA Delegate Assembly Election Results
Attachments:
CSBA Delegate Assembly Results
Regular Board Meeting Agenda of April 7, 2016
Page 28
DELEGATE ASSEMBLY ELECTION RESULTS
(As of March 30, 2016)
The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the
Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018.
REGION 1 – 4 Delegates (4 elected)
Subregion 1-A (Counties: Del Norte, Humboldt)
Annelia Hillman (Klamath Trinity Joint USD), 2017
Lisa Ollivier (Eureka City SD), 2018
Subregion 1-B (Counties: Lake, Mendocino)
Taja Odom (Kelseyville USD), 2018
County Delegate
Frances Costello (Del Norte County & USD), 2017
REGION 2 – 4 Delegates (4 elected)
Subregion 2-A (Counties: Modoc, Siskiyou, Trinity)
Gregg Gunkel (Siskiyou Union HSD), 2017
Subregion 2-B (County: Shasta)
James Schwerdt (Shasta Union HSD), 2017
Subregion 2-C (Counties: Lassen, Plumas)
Dwight Pierson (Plumas County & USD), 2018
County Delegate: Run-off tie between
Brenda Duchi (Siskiyou COE) and Rhonda Hull (Shasta COE)
REGION 3 – 8 Delegates (8 elected)
Subregion 3-A (County: Sonoma)
Dianna MacDonald (Cloverdale USD), 2017
Casandra Maitlen-Jones (Bennett Valley Union SD), 2018
Subregion 3-B (County: Napa)
Indira Lopez (Calistoga Joint USD), 2017
Subregion 3-C (County: Solano)
Vacant, 2017
Vacant, 2017
Michele Dally (Vacaville USD), 2018
Subregion 3-D (County: Marin)
Barbara Owens (Tamalpais Union HSD), 2018
County Delegate
Herman Hernandez (Sonoma COE), 2017
REGION 4 – 8 Delegates (8 elected)
Subregion 4-A (Counties: Glenn, Tehama)
Rod Thompson (Red Bluff Jt. Union HSD), 2018
Subregion 4-B (County: Butte)
Judith Peters (Paradise USD), 2017
Subregion 4-C (Counties: Colusa, Sutter, Yuba)
Jim Flurry (Marysville Joint USD), 2018
Sharman Kobayashi (Yuba City USD), 2017
Subregion 4-D (Counties: Nevada, Placer, Sierra)
Trish Gerving (Nevada City SD), 2017
Renee Nash (Eureka Union SD), 2018
James Brian Vlahos (Roseville City SD), 2017
County Delegate
Suzanne Jones (Placer COE), 2018
REGION 5 – 10 Delegates (7 elected/3 appointed)
Subregion 5-A (County: San Francisco)
Emily Murase (San Francisco County & USD), 2017 
Rachel Norton (San Francisco County & USD), 2017
Shamann Walton (San Francisco County & USD), 2018 
Subregion 5-B (County: San Mateo)
Davina Drabkin (Burlingame ESD), 2017
Carrie Du Bois (Sequoia Union HSD), 2017
Marc Friedman (San Mateo Union HSD), 2018
Alisa MacAvoy (Redwood City ESD), 2018
Kevin Martinez (San Bruno Park ESD), 2017
Kalimah Salahuddin (Jefferson Union HSD), 2018
County Delegate
Beverly Gerard (San Mateo COE), 2017
REGION 6 – 19 Delegates (12 elected/7 appointed)
Subregion 6-A (County: Yolo)
Susan Lovenburg (Davis Joint USD), 2018
Subregion 6-B (County: Sacramento)
Michael Baker (Twin Rivers USD), 2017
Ellen Cochrane (Sacramento City USD), 2018 
Pam Costa (San Juan USD), 2017 
Craig DeLuz (Robla ESD), 2018
John Gordon (Galt Joint Union ESD), 2017
Jay Hansen (Sacramento City USD), 2017 
James Hendricks (Arcohe Union ESD), 2018
Susan Heredia (Natomas USD), 2017
Lisa Kaplan (Natomas USD), 2017
Lucinda E. Luttgen (San Juan USD), 2018 
Crystal Martinez-Alire (Elk Grove USD), 2017 
Michael McKibbin (San Juan USD), 2017
Edward Short (Folsom-Cordova USD), 2017
Bobbie Singh-Allen (Elk Grove USD), 2018 
Teresa Stanley (Folsom-Cordova USD), 2018
Subregion 6-C (Counties: Alpine, El Dorado, Mono)
Misty DiVittorio (Placerville Union ESD), 2018
Suzanna George (Rescue Union ESD), 2017
County Delegate
Greg Geeting (Sacramento COE), 2018
Page 1 of 5
DELEGATE ASSEMBLY ELECTION RESULTS
(As of March 30, 2016)
The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the
Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018.
REGION 7 – 20 Delegates (15 elected/5 appointed)
Subregion 7-A (County: Contra Costa)
Elizabeth Block (West Contra Costa USD), 2018 
Laura Canciamilla (Pittsburg USD), 2018
Christine Deane (Contra Costa COE), 2017
Madeline Kronenberg (West Contra Costa USD), 2017
Linda Mayo (Mt. Diablo USD), 2017 
Kathi McLaughlin (Martinez USD), 2018
Yolanda Pena-Mendrek (Liberty Union HSD), 2017
Raymond Valverde (Liberty Union HSD), 2018
Subregion 7-B (County: Alameda)
Desrie Campbell (Fremont USD), 2018
Ann Crosbie (Fremont USD), 2017 
Jamie Hintzke (Pleasanton USD), 2018
Beatriz Leyva-Cutler (Berkley USD), 2017
Jody London (Oakland USD), 2017 
William McGee (Hayward USD), 2017
Amy Miller (Dublin USD), 2018
Diana J. Prola (San Leandro USD), 2017
Vacant, 2017
Rosie Torres (Oakland USD), 2018 
Run-off tie between
Valerie Arkin (Pleasanton USD) and Philip Hu (Alameda USD)
County Delegate
Aisha Knowles (Alameda COE), 2017
REGION 8 – 14 Delegates (12 elected/2 appointed)
Subregion 8-A (County: San Joaquin)
Gloria J. Allen (Stockton USD), 2018 
Sam Fant (Manteca USD), 2018
Kathleen Garcia (Stockton USD), 2017
Ron Heberle (Lodi USD), 2017
Kathy Howe (Manteca USD), 2018
George Neely (Lodi USD), 2017
Jenny Van De Pol (Lincoln USD), 2018
Subregion 8-B (Counties: Amador, Calaveras, Tuolumne)
Zerrall McDaniel (Calaveras USD), 2017
Subregion 8-C (County: Stanislaus)
Vacant, 2017
Faye Lane (Ceres USD), 2018
Cynthia Lindsey (Sylvan Union ESD), 2017
Subregion 8-D (County: Merced)
Adam Cox (Merced City ESD), 2017
Greg Opinski (Merced Union HSD), 2018
County Delegate
Vacant, 2018
REGION 9 – 8 Delegates (8 elected)
Subregion 9-A (Counties: San Benito, Santa Cruz)
Phil Rodriguez (Soquel Union ESD), 2018
Deborah Tracy-Proulx (Santa Cruz City Schools), 2018
George Wylie (San Lorenzo Valley USD), 2017
Subregion 9-B (County: Monterey)
Lila Cann (Salinas Union HSD), 2017
Rita Patel (Carmel USD), 2018
Subregion 9-C (County: San Luis Obispo)
Mark Buchman (San Luis Coastal USD), 2018
Vicki Meagher (Lucia Mar USD), 2017
County Delegate
Sergio Alejo (Monterey COE), 2017
REGION 10 – 15 Delegates (11 elected/4 appointed)
Subregion 10-A (Counties: Madera, Mariposa)
Barbara Bigelow (Chawanakee USD), 2017
Subregion10-B (County: Fresno)
Daniel Babshoff (Kerman USD), 2017
Cynthia Berube (Central USD), 2018
Darrell Carter (Washington USD), 2018
Gilbert F. Coelho (Firebaugh-Las Deltas USD), 2018
Valerie F. Davis (Fresno USD), 2017 
Brian Heryford (Clovis USD), 2017 
James Karle (Sanger USD), 2017
Marcia (Marcy) Masumoto (Sanger USD), 2017
Carol Mills (Fresno USD), 2018 
Elizabeth (Betsy) Sandoval (Clovis USD), 2018 
Norman Saude (Sierra USD), 2018
Kathy Spate (Caruthers USD), 2017
Subregion10-C (County: Kings)
Karen Frey (Corcoran Joint USD) 2018
County Delegate
Barbara Thomas (Fresno COE), 2018
REGION 11 – 9 Delegates (9 elected)
Subregion 11-A (County: Santa Barbara)
Jack Garvin (Santa Maria Joint Union HSD), 2018
S. Monique Limón (Santa Barbara USD), 2017
Subregion 11-B (County: Ventura)
John Andersen (Conejo Valley USD), 2018
Gregory Barker (Moorpark USD), 2018
Rob Collins (Simi Valley USD), 2018
Vianey Lopez (Hueneme ESD), 2018
Christina Urias (Santa Paula USD), 2017
John Walker (Ventura USD), 2017
County Delegate
Mark Lisagor (Ventura COE), 2017
Page 2 of 5
DELEGATE ASSEMBLY ELECTION RESULTS
(As of March 30, 2016)
The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the
Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018.
REGION 12 – 13 Delegates (11 elected/2 appointed)
Subregion 12-A (County: Tulare)
Pete Lara (Porterville USD), 2018
Cathy Mederos (Tulare Joint Union HSD), 2017
Dean Sutton (Exeter USD), 2017
Lucia Vazquez (Visalia USD), 2018
Subregion 12-B (County: Kern)
Pam Baugher (Bakersfield City ESD), 2017
Linda Brenner (Panama-Buena Vista Union SD), 2017
Jeff Flores, (Kern Union HSD) 2017 
Tim Johnson (Sierra Sands USD), 2017
Phillip Peters (Kern Union HSD), 2018 
Elizabeth Naty Santana-Garibaldo (Lamont ESD), 2017
Scott Starkey (Southern Kern USD), 2018
Wesley Thomas (Kernville USD), 2018
County Delegate
Donald Cowan (Kern COE), 2018
REGION 15 – 27 Delegates (18 elected/9 appointed)
County: Orange
Ginny Aitkens (Saddleback Valley USD), 2017
Valerie Amezcua (Santa Ana USD), 2018
Dana Black (Newport-Mesa USD), 2018
Lauren Brooks (Irvine USD), 2018
Bonnie Castrey (Huntington Beach Union HSD), 2017
Gina Clayton-Tarvin (Ocean View SD), 2017
Jeff Cole (Anaheim ESD), 2017
Ian Collins (Fountain Valley ESD), 2017
Debbie Cotton (Ocean View SD), 2017
Lynn Davis (Tustin USD), 2018
Judy Franco (Newport-Mesa USD), 2018
Karin Freeman (Placentia-Yorba Linda USD), 2017
Bob Harden (Garden Grove USD), 2017
Gila Jones (Capistrano USD), 2017
Candice Kern (Cypress ESD), 2018
Martha McNicholas (Capistrano USD) 2018 
Lan Q. Nguyen (Garden Grove USD), 2018
Annemarie Randle-Trejo (Anaheim Union HSD), 2018
Rob Richardson (Santa Ana USD), 2017
Rosemary Saylor (Huntington Beach City ESD), 2018
Francine Scinto (Tustin USD), 2018
Michael Simons (Huntington Beach Union HSD), 2018
Robert A. Singer (Fullerton Joint Union HSD), 2017
Suzie R. Swartz (Saddleback Valley USD), 2017
Sharon Wallin (Irvine USD), 2018
Dolores Winchell (Saddleback Valley USD), 2017
County Delegate John (Jack) Bedell (Orange COE), 2017
REGION 16 – 20 Delegate (15 elected/5 appointed)
Subregion 16-A (County: Inyo)
Susan Patton (Lone Pine USD), 2017
Subregion 16-B (County: San Bernardino)
Jesse Armendarez (Fontana USD), 2018
Christina Cameron-Otero (Needles USD), 2017
Niccole Childs (Hesperia USD), 2018
Lorena Corona (Fontana USD), 2017
Tom Courtney (Lucerne Valley USD), 2017
Barbara J. Dew (Victor Valley Union HSD), 2018
Barbara Flores (San Bernardino City USD), 2018
Cathline Fort (Etiwanda ESD), 2018
Margaret Hill (San Bernardino City USD), 2017
Sylvia Orozco (Chino Valley USD), 2017
Caryn Payzant (Alta Loma ESD), 2018
Barbara Schneider (Helendale SD), 2018
Jane D. Smith (Yucaipa-Calimesa Jt. USD), 2018
Eric Swanson (Hesperia USD), 2017
Kathy A. Thompson (Central ESD), 2017
Charles Uhalley (Chaffey Joint Union HSD), 2017
Donna West (Redlands USD), 2018
Vacant, 2017
County Delegate
Mark Sumpter (San Bernardino COE), 2018
REGION 17 – 24 Delegates (18 elected/6 appointed)
County: San Diego
Elvia Aguilar (South Bay Union SD) 2018
Barbara Avalos (National SD), 2018
Kevin Beiser (San Diego USD), 2017
Marissa A. Bejarano (Chula Vista ESD), 2018
Brian Clapper (National SD), 2018
Katie Dexter (Lemon Grove SD), 2018
Twila Godley (Lakeside Union SD), 2017
Adrianne Hakes (Oceanside USD), 2018
Beth Hergesheimer (San Dieguito Union HSD), 2017
Elizabeth Jaka (Vista USD), 2018
Claudine Jones (Carlsbad USD), 2018
Michael McQuary (San Diego USD), 2018
Janet W. Mulder (Jamul-Dulzura Union ESD), 2017
Tamara Otero (Cajon Valley Union SD), 2017
Dawn Perfect (Ramona USD), 2017
Eduardo Reyes (Chula Vista ESD), 2018
Barbara Ryan (Santee SD), 2017
Debra Schade (Solana Beach ESD), 2018
Priscilla Schreiber (Grossmont Union HSD), 2017
Nicholas Segura (Sweetwater Union HSD), 2018
Charles Sellers (Poway USD), 2017
Arturo Solis (Sweetwater Union HSD), 2017
Page 3 of 5
DELEGATE ASSEMBLY ELECTION RESULTS
(As of March 30, 2016)
The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the
Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018.
REGION 17 – continued
Sharon Whitehurst-Payne (San Diego USD), 2017
County Delegate
Mark C. Anderson (San Diego COE), 2017
REGION 18 – 21 Delegates (16 elected/5 appointed)
Subregion 18-A (County: Riverside)
Bruce N. Dennis (Riverside COE), 2017
Kenneth C. Dickson (Murrieta Valley USD), 2017
Tom Elliott (Perris ESD), 2018
Tom R. Hunt (Riverside USD), 2017
Ben Johnson, II (Alvord USD), 2018
Cleveland Johnson (Moreno Valley USD), 2017
Wendy Jonathan (Desert Sands USD), 2018
Marla Kirkland (Val Verde USD), 2018
Susie Lara (Beaumont USD), 2018
Patricia Lock Dawson (Riverside USD), 2018
Memo Mendez (Jurupa USD), 2017
Bill Newberry (Corona-Norco USD), 2017
John I. Norman (San Jacinto USD), 2017
David Allen Pulsipher (Temecula Valley USD), 2017
Cathy L. Sciortino (Corona-Norco USD), 2018
Susan Scott (Lake Elsinore USD), 2018
Sandra Tusant (Romoland ESD), 2017
Subregion 18-B (County: Imperial)
Ralph Fernandez (Brawley Union HSD), 2017
Diahna Garcia-Ruiz (Heber ESD), 2017
Gloria Santillan (Brawley ESD), 2018
County Delegate
Susan Manger (Imperial COE), 2018
REGION 20 – 12 Delegates (11 elected/1 appointed)
County: Santa Clara
Robert Benevento (Morgan Hill USD), 2018
Frank Biehl (East Side Union HSD), 2018
Cynthia Chang (Los Gatos-Saratoga Joint Union HSD), 2018
Danielle Cohen (Campbell Union SD), 2017
Pamela Foley (San Jose USD), 2017
Anjali Kausar (Cupertino Union SD), 2017
Bonnie Mace (Evergreen ESD), 2017
Joe Mitchner (Mountain View-Los Altos Union HSD), 2018
Reid Myers (Sunnyvale SD), 2017
Andres Quintero (Alum Rock Union ESD), 2017
George Sanchez (Franklin-McKinley ESD), 2017
County Delegate
Rosemary Kamei (Santa Clara COE), 2018
REGION 21 – 7 Delegates (7 appointed)
County: Los Angeles
Monica Garcia (Los Angeles USD), 2017
Monica Ratliff (Los Angeles USD), 2017
Ref Rodriguez (Los Angeles USD), 2020
Scott Schmerelson (Los Angeles USD), 2020
Richard Vladovic (Los Angeles USD), 2020
Steven Zimmer (Los Angeles USD), 2017
County Delegate
Douglas (Doug) Boyd (Los Angeles COE), 2018
REGION 22 – 6 Delegates (6 elected)
County: North Los Angeles
John K. Curiel (Westside Union ESD), 2017
Steven DeMarzio (Westside Union ESD), 2018
R. Michael Dutton (Antelope Valley Union HSD), 2017
Keith Giles (Lancaster ESD), 2018
Nancy Smith (Palmdale ESD), 2018
Steven M. Sturgeon (William S. Hart Union HSD), 2017
REGION 23 – 16 Delegates (13 elected/3 appointed)
County: E. Los Angeles & San Gabriel Valley
Subregion 23-A
Adele Andrade-Stadler (Alhambra USD), 2017
Kenneth Bell (Duarte USD), 2017
Bob Bruesch (Garvey ESD), 2018
Gregory Krikorian (Glendale USD), 2018
Gary Scott (San Gabriel USD), 2018
Subregion 23-B
Benjamin Cardenas (Montebello USD), 2017
Anthony Duarte (Hacienda La Puente USD), 2018
Helen Hall (Walnut Valley USD), 2017
Gino Kwok (Hacienda La Puente USD), 2018
Vacant, 2017
Subregion 23-C
Steven Llanusa (Claremont USD), 2018
Christina Lucero (Baldwin Park USD), 2017
Eileen Miranda Jimenez (West Covina USD), 2017
Roberta Perlman (Pomona USD), 2017
Camie Poulos (West Covina USD), 2018
Paul Solano (Bassett USD), 2018
Page 4 of 5
DELEGATE ASSEMBLY ELECTION RESULTS
(As of March 30, 2016)
The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the
Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018.
REGION 24 – 16 Delegates (14 elected/2 appointed)
County: Los Angeles – Southwest Crescent
Darryl Adams (Norwalk-La Mirada USD), 2017
Micah Ali (Compton USD), 2017
Leighton Anderson (Whittier Union HSD), 2018
Jan Baird (South Whittier ESD), 2017
Paul Gardiner (East Whittier City ESD), 2018
Margie Garrett (Compton USD), 2018
Megan Kerr (Long Beach USD), 2018
Eugene M. Krank (Hawthorne SD), 2018
Jose Lara (El Rancho USD), 2017
Sylvia V. Macias (South Whittier ESD), 2018
Karen Morrison (Norwalk-La Mirada USD 2018
Ann Phillips (Lawndale ESD), 2018
Margarita Rios (Norwalk-La Mirada USD), 2018
Ana Valencia (Norwalk-La Mirada USD), 2017
Felton Williams (Long Beach USD), 2017
Vacant, 2017
Page 5 of 5
J.6. Superintendent Search Process: Representative Dr. Ralph Baker
from the San Bernardino County Superintendent of School's Office will
be presenting proposed parameters and timelines for conducting a
search for superintendent and receive input from the Board.
Regular Board Meeting Agenda of April 7, 2016
Page 29
J.7. First Five Program: Update on funding options after meeting with
First Five and San Bernardino County Preschool Services Department
Representatives. (Edwin Cruz and Fran Muller)
Regular Board Meeting Agenda of April 7, 2016
Page 30
J.8. Update of recent Mitsubishi Cement Corporation Education
Foundation (MCCEF) Board Meeting and review LVUSD board
delegates list. (Teresa Reyes)
Regular Board Meeting Agenda of April 7, 2016
Page 31
J.9. LVUSD Board of Trustees Workshop: Review possible dates for a
workshop/conversation meeting per LVUSD Governance
Handbook/Newly Elected Board Member protocol.
Regular Board Meeting Agenda of April 7, 2016
Page 32
K. Board, Superintendent and Administrator Reports - Board Members,
the Superintendent, and/or Site Administrators may wish to discuss
events and activities not on the agenda or to request future agenda
items.
Regular Board Meeting Agenda of April 7, 2016
Page 33
L. Discussion/Action Items
Regular Board Meeting Agenda of April 7, 2016
Page 34
L.1. Approve Master Interdistrict Attendance Agreement
Attachments:
Interdistrict Attendance Agrmt
Regular Board Meeting Agenda of April 7, 2016
Page 35
MASTER AGREEMENT
INTERDISTRICT ATTENDANCE AGREEMENT
(No Tuition Charge)
Pursuant to Education Code Section 46600, the Governing Boards of each of the following
school districts:
Adelanto School District
Alta Loma School District
Apple Valley Unified School District
Baker Valley Unified School District
Barstow Unified School District
Bear Valley Unified School District
Central School District
Chaffey Joint Union High School District
Chino Valley Unified School District
Colton Joint Unified School District
Cucamonga School District
Etiwanda School District
Fontana Unified School District
Helendale School District
Hesperia Unified School District
Lucerne Valley Unified School District
Morongo Unified School District
Mountain View School District
Mt. Baldy Joint Unified School District
Needles Unified School District
Ontario-Montclair Schools District
Oro Grande School District
Rialto Unified School District
Rim of the World Unified School District
San Bernardino City Unified School District
Silver Valley Unified School District
Snowline Joint Unified School District
Trona Joint Unified School District
Upland Unified School District
Victor Elementary School District
Victor Valley Union High School District
Agree as follows:
1. Applicability of this agreement is limited to grade levels mutually maintained by the
contracting parties.
2. Insofar as facilities permit (space availability), each district may accept pupils from the
other schools district who have proper permits for attendance from the district of
residence; who are eligible to attend regular classes in elementary, middle schools,
senior high schools, continuation classes maintained by the district of proposed
attendance; and who are acceptable to the district of attendance.
3. Students who are deemed acceptable to the district of attendance include
satisfactory attendance and behavior.
4. Any student accepted under space availability need not reapply each year.
5. Each district shall furnish these pupils the same advantages, equipment, supplies, and
services as are furnished to other pupils in attendance in these classes, with the
exception of home to school transportation.
6. In accordance with Section 46600(a) of the Education Code, the attendance of pupils
from the respective school districts covered by this agreement shall be credited to the
school district of attendance for apportionment purposes and the revenue limit
pursuant to Education Code 42237 or 42238.
7. No financial obligation, including transportation, shall be incurred by the district of
residence for services rendered under this agreement.
8. This agreement shall be for five (5) years from July 1, 2016 and ending June 30, 2021
and supersedes all prior regular Interdistrict Attendance Agreements. Either party may
terminate this agreement effective at the beginning of a school year by giving written
notice to the other party at least three (3) months prior to the beginning of the school
year.
9. An Interdistrict transfer granted under space availability may be revoked at any time
during the school year if the student’s academic grades, attendance of behavior are
not satisfactory to the district of attendance.
10. False or misleading information may be cause for denial or revocation of an
Interdistrict attendance permit.
11. The school district of attendance or the school district of enrollment shall not rescind
transfer permits for pupils entering grades 11 or 12 in the subsequent school year per
Education Code 46600)4).
______________________________________________
Name of District
______________________________________________
Superintendent or Designee (please print)
______________________________________________
Superintendent of Designee’s Signature Date
______________________________________________
Date of Governing Board Authorization
L.2. Approve Contract with Tel-Craft Communications to
repair/upgrade district phone system totaling $80,019.40.
Attachments:
Tel-Craft Agreement
Regular Board Meeting Agenda of April 7, 2016
Page 36
L.3. Ratify Employment Agreement with Mr. Dan Leary to become
Interim Superintendent.
Attachments:
Dan Leary Contract
Regular Board Meeting Agenda of April 7, 2016
Page 37
LUCERNE VALLEY UNIFIED SCHOOL DISTRICT
Agreement for Employment of
Dan Leary
INTERIM DISTRICT SUPERINTENDENT
The following is an Agreement between the Board of Education of the Lucerne Valley Unified
School District, hereinafter referred to as “Board of Education,” and Dan Leary, hereinafter referred to as
“Interim Superintendent.”
1. Term of Agreement
The Board of Education employs Dan Leary as Interim Superintendent commencing April 1, 2016 through
the date of employment of a new Superintendent but not later than September 4, 2016.
2.
Salary and Work Schedule
The salary of the Interim Superintendent shall be Six Hundred Dollars ($600.00) per day. A work schedule
shall be set for not less than three days each week as approved by the Board President. The total amount
payable as salary under this Agreement shall not exceed that amount allowed by Education Code Section
24214(f) for STRS retirees.
Interim Superintendent shall receive mileage reimbursement at the District established rate for travel
outside of the District other than the commute to and from his home. Interim Superintendent shall be
reimbursed for actual and necessary expenses incurred by him within the scope of his employment, as
determined by the Board of Education.
Interim Superintendent shall not accrue vacation or sick leave, nor shall he be entitled to holiday pay or
health and welfare benefits.
3.
Duties
The Interim Superintendent agrees to perform at or above a professional level of competence the services,
duties, obligations, and specific goals assigned by the Board of Education, permitted by his credentials, and
provided in Board Policy and Administrative Regulations as they may be amended from time to time, and
as the Board of Education may direct.
Interim Superintendent shall not enter into any contracts without express Board action authorizing same.
4.
General Provisions
This agreement is subject to all applicable laws of the State of California, to the rules and regulations of the
State Board of Education and to the rules and regulations of the Board of Education. Said laws, rules,
regulations, and policies are hereby made a part of the terms and conditions of this agreement as though
fully set forth herein.
Agreement for Employment
Dan Leary, Interim Superintendent
Page 2
5.
Statements Required by Government Code Sections 53243, 53243.2, and 53243.4
If this Contract is terminated, any cash settlement related to the termination shall be fully reimbursed to
the District if the Interim Superintendent is convicted of a crime involving an abuse of her office or position.
Pursuant to Government Code sections 53243 and 53243.4, Interim Superintendent shall reimburse any
compensation received if placed on paid leave pending an investigation into alleged misconduct if such
misconduct results in the conviction of a crime constituting an abuse of public authority or a crime against
public justice.
6.
Action at Open Session of Regular Meeting
Pursuant to Government Code sections 54956(b) and 54957.6(a), this Agreement shall be approved in an
open session of a regular meeting of the Board of Education.
7.
Savings Clause
If any provisions of this Agreement are held to be contrary to law by final legislative act or a court of
competent jurisdiction inclusive of appeals, if any, such provisions shall not be deemed valid and subsisting
except to the extent permitted by law, but all other provisions shall continue in full force and effect.
8.
Complete Agreement
This Agreement is the full and complete agreement between the parties hereto. Any amendment,
modifications, or variations from the terms of this Agreement shall be in writing and shall be effective only
upon approval of such amendment, modification, or variation by the Board of Education and the Interim
Superintendent.
9.
Termination
The Board of Education may terminate this Agreement at any time upon giving the Interim Superintendent
one (1) day written notice. Interim Superintendent may terminate at any time upon the provision of 21 days
written notice.
IN WITNESS HEREIN, we affix our signatures to this Agreement as the full and complete understanding
between the parties hereto, effective April 1, 2016.
Agreement for Employment
Dan Leary, Interim Superintendent
Page 3
BOARD OF EDUCATION
LUCERNE VALLEY UNIFIED SCHOOL DISTRICT
Jim Harvey
Board President
Carmen Fox
Vice President
Date
Tom Courtney
Clerk
Tom Hagen
Member
Jodi Collingham
Member
INTERIM SUPERINTENDENT
I hereby accept this offer of employment and agree to comply with the conditions thereof and to fulfill all
of the duties of employment of Interim Superintendent of Lucerne Valley Unified School District.
Dan Leary
Date
L.4. Approve Financial Advisory Services Agreement with
Government Financial Strategies
Attachments:
Government Financial Strategies Contract
Regular Board Meeting Agenda of April 7, 2016
Page 38
GOVERNMENT FINANCIAL STRATEGIES
FINANCIAL ADVISORY SERVICES AGREEMENT
THIS AGREEMENT (“Agreement”) is made this iLÀÕary 8, 2016, between Government
Financial Strategies inc., a financial advisory firm (“Government Financial Strategies”) and Lucerne
Valley Unified School District (“Client”) who agree as follows:
1. Scope of Work. Government Financial Strategies shall perform the services described in the
scope(s) of work attached hereto as Exhibit A (the “Work”). Modifications, deletions and additions
to the Work described in Exhibit A may be made, from time to time, upon the subsequent written
agreement by both parties.
2. Payment.
a. In consideration for the Work to be provided by Government Financial Strategies under this
Agreement, Client agrees to pay fees and expenses as set forth in Exhibit A.
b. For Work performed on a time and materials basis, Government Financial Strategies shall
submit invoices to the Client on a monthly basis. For Work performed for a fixed fee, Government
Financial Strategies shall submit invoices to the Client upon the completion of the Work or as
otherwise identified in Exhibit A.
c. Government Financial Strategies is required to provide written disclosure to all financial
advisory clients about the actual or potential conflicts of interest presented by the form of
compensation contemplated under this Agreement. Exhibit B sets forth the potential conflicts of
interest associated with various forms of compensation. Client acknowledges receipt of Exhibit B,
and Client has been given the opportunity to discuss such matters with Government Financial
Strategies.
3. Term.
a. This Agreement shall terminate upon the later of the completion of the Work or June 30,
2020, unless earlier terminated as provided in subsection (b).
b. This Agreement may be terminated by either party upon thirty (30) days advance written
notice to the other party.
c. Upon termination of this Agreement by either party, Client shall compensate Government
Financial Strategies for all Work performed prior to termination. If the compensation identified in
Exhibit A was on a time and materials basis, such compensation shall be based on time and
materials incurred prior to termination. If the compensation identified in Exhibit A was on a fixed
fee basis, such compensation shall be the greater of: 1) the percentage of services completed
through the termination date multiplied by the fixed fee, or 2) the amount based on a time and
materials basis, not to exceed the fixed fee.
“Payment,” “Ownership of Documents,”
“Indemnification,” “Severability,” “Governing Law and Venue,” and “Entire Agreement” shall survive
the termination of this Agreement.
4. Professional Ability and Loyalty. Government Financial Strategies represents that it possesses
the skill to competently perform the Work, that it shall perform that Work in a manner equal to or
Lucerne Valley Unified School District
Government Financial Strategies inc.
Financial Advisory Services Agreement
Page 2 of 5
exceeding generally accepted professional practices and standards for firms performing similar
work, and that it will act in a manner it believes to be in the best interest of the Client rather than
any third party.
5. Ownership of Documents. Every report, study, memo, letter, spreadsheet, worksheet, plan,
graph, diagram, map, photograph, computer model, computer disk, computer software and other
document or item prepared by Government Financial Strategies under this Agreement and
provided to and paid for by the Client (the “Work Product”) shall be the property of Client, and
Client shall have the right to use, reuse, reproduce, publish, display, broadcast and distribute the
Work Product and to prepare derivative and additional documents or works based on the Work
Product without further compensation to Government Financial Strategies. Government Financial
Strategies may retain a copy of any Work Product and use, reproduce, publish, display, broadcast
and distribute any Work Product and prepare derivative and additional documents or works based
on any Work Product; provided, however, that Government Financial Strategies shall not provide
any Work Product not previously made available to the public to any third party without Client’s
prior approval, unless compelled to do so by legal process. If Client reuses or modifies any Work
Product for a use or purpose other than that intended by the Work under this Agreement, then
Client shall hold Government Financial Strategies harmless against all claims, damages, losses
and expenses arising from such reuse or modification.
6. Indemnification. Both parties shall indemnify, defend, protect, and hold harmless the other
party, its officers, employees, volunteers and agents from and against any and all liability, losses,
claims, damages, expenses, demands, and costs (including, but not limited to, attorney’s fees)
directly arising from any negligent act or omission, willful misconduct or violation of law of the
other party.
7. Insurance.
a. Government Financial Strategies, at its sole cost and expense, shall procure and maintain
for the duration of this Agreement workers compensation insurance in the amount required by
statute, comprehensive general liability insurance with coverage of at least one million dollars
($1,000,000) per occurrence and aggregate, automobile liability insurance with coverage of at
least one million dollars ($1,000,000) per accident, and professional errors and omissions
insurance with coverage of at least one million dollars ($1,000,000) per occurrence and
aggregate.
b. Upon request, Government Financial Strategies shall provide to Client the evidence of such
insurance.
8. Municipal Advisor Registration. Government Financial Strategies is a municipal advisor
registered with the Securities and Exchange Commission (registration number 867-00775) and
the Municipal Securities Rulemaking Board (registration number K0127).
9. Conflicts of Interest.
a. Except as expressly described in Section 2(c) above and Section 9(b) below, Government
Financial Strategies has no material conflicts of interest that might impair its fiduciary duty to the
Client. Client acknowledges that Government Financial Strategies may have other governmental
clients with overlapping jurisdictions with Client.
b. Reserved
10. Independent Contractor. Government Financial Strategies shall be an independent contractor
in performing the Work and shall not act as an agent or employee of Client. The employees of
Government Financial Strategies and its subcontractors are not employees of Client within the
meaning or application of any federal or state unemployment insurance laws, social security law or
any worker's compensation, industrial accident law or other industrial or labor law.
Lucerne Valley Unified School District
Government Financial Strategies inc.
Financial Advisory Services Agreement
Page 3 of 5
11. Non-Discrimination. Government Financial Strategies will not discriminate in any way against
any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual
orientation, age, physical handicap, medical condition or marital status in connection with, or
related to, the performance of this Agreement.
12. Successors and Assigns. This Agreement shall bind and inure to the benefit of the
successors and assigns of the parties; however, Government Financial Strategies shall not assign
its rights and obligations under this Agreement without the prior written consent of Client, which
consent shall not be unreasonably withheld. Notwithstanding the foregoing, Government Financial
Strategies may subcontract a portion of the Work to its wholly-owned subsidiary, GFS Australia
Pty. Ltd, and its sole employee, Jonathan Edwards.
13. No Waiver of Rights. Any waiver at any time by either party of its rights as to a breach or
default of this Agreement shall not be deemed to be a waiver as to any other breach or default.
14. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable,
the legality, validity, and enforceability of the remaining provisions of this Agreement shall not in
any way be affected or impaired.
15. Governing Law and Venue. This Agreement will be governed by and construed in accordance
with the laws of the State of California. The county and federal district court where the Client’s
main office is located shall be venue for any state and federal court litigation concerning the
enforcement or construction of this Agreement.
16. Notice. All notices that are required or permitted to be given under this Agreement shall be
in writing and sent by either personal delivery, nationally recognized overnight courier service or
prepaid, first class United States postal mail. Notices shall be sent to the addresses listed below,
or to such other address as either party may specify in writing:
Government Financial Strategies:
Lucerne Valley Unified School District:
Government Financial Strategies
Attn: Lori Raineri, President
1228 N Street, Suite 13
Sacramento, CA 95814-5609
Lucerne Valley Unified School District
Attn: Douglas Beaton, Director, Business Services
8560 Aliento Rd.
Lucerne Valley, CA 92356
17. Entire Agreement. This Agreement represents the sole, final, complete, exclusive and
integrated expression and statement of the terms between the parties concerning the Work, and
supersedes all prior oral and/or written negotiations, representations or contracts. This
Agreement may be amended only by written agreement by both parties.
IN WITNESS HEREOF, the parties have caused this Agreement to be signed by their duly
authorized representatives.
vernment
ntt Financial Strategies
Str
trat
a egies inc.
Government
Lucerne Valley Unified School District
By:
By:
Lori Raineri
President
Douglas Beaton
Director, Business Services
Lucerne Valley Unified School District
Government Financial Strategies inc.
Financial Advisory Services Agreement
Page 4 of 5
EXHIBIT A
SCOPE(S) OF WORK
Government Financial Strategies will provide general financial planning and advisory services to
Lucerne Valley Unified School District which include but are not limited to the following: a review of
facilities needs and costs, a review of short term and long term cash flow schedules, identification
and classification of existing and potential revenue sources, assistance with the production of a
comprehensive financial plan, financial advisory services in connection with any debt issues,
participation in real estate negotiations, general background information on real estate acquisition
and lease agreements, allocation of revenues to expenditures, development of financial strategies,
reviews of documents, and presentations to the governing board. Such services will be provided
as requested by Lucerne Valley Unified School District.
In consideration of the services provided, Lucerne Valley Unified School District will pay
Government Financial Strategies hourly fees of $225 for services, plus out-of-pocket expenses
(such as mileage, meals, etc.). For travel time, Lucerne Valley Unified School District will pay
Government Financial Strategies hourly fees of $112.50.
Lucerne Valley Unified School District
Government Financial Strategies inc.
Financial Advisory Services Agreement
Page 5 of 5
EXHIBIT B
DISCLOSURE OF CONFLICTS OF INTEREST WITH VARIOUS FORMS OF COMPENSATION
Government Financial Strategies is required to provide written disclosure to all financial advisory
clients about the actual or potential conflicts of interest presented by the form of compensation
contemplated under this Agreement. Set forth below are the potential conflicts of interest as
provided by the Municipal Securities Rulemaking Board (MSRB) associated with various forms of
compensation which are anticipated to be used under this Agreement. There are other forms of
compensation that Government Financial Strategies believes create conflicts of interest that can
not be overcome and are therefore not contemplated under this Agreement.
For more
information, please refer to www.msrb.org.
Forms of compensation; potential conflicts. The forms of compensation for municipal advisors
vary according to the nature of the engagement and requirements of the client, among other
factors. Various forms of compensation present actual or potential conflicts of interest because
they may create an incentive for an advisor to recommend one course of action over another if it
is more beneficial to the advisor to do so. This document discusses various forms of
compensation and the timing of payments to the advisor.
Fixed fee. Under a fixed fee form of compensation, the municipal advisor is paid a fixed amount
established at the outset of the transaction. The amount is usually based upon an analysis by the
client and the advisor of, among other things, the expected duration and complexity of the
transaction and the agreed-upon scope of work that the advisor will perform. This form of
compensation presents a potential conflict of interest because, if the transaction requires more
work than originally contemplated, the advisor may suffer a loss. Thus, the advisor may
recommend less time-consuming alternatives, or fail to do a thorough analysis of
alternatives. There may be additional conflicts of interest if the municipal advisor’s fee is
contingent upon the successful completion of a financing.
Hourly fee. Under an hourly fee form of compensation, the municipal advisor is paid an amount
equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This
form of compensation presents a potential conflict of interest if the client and the advisor do not
agree on a reasonable maximum amount at the outset of the engagement, because the advisor
does not have a financial incentive to recommend alternatives that would result in fewer hours
worked. In some cases, an hourly fee may be applied against a retainer (e.g., a retainer payable
monthly), in which case it is payable whether or not a financing closes. Alternatively, it may be
contingent upon the successful completion of a financing, in which case there may be additional
conflicts of interest.
MEMORANDUM
To:
Douglas Beaton
From:
Keith Weaver
Date:
iLÀÕ>ÀÞÊn, 2016
Re:
Scope of Work to Provide Continuing Disclosure Services
Douglas, as you know, at the time a school district issues municipal securities such as bonds,
certificates of participation, notes or other debt in the public markets, the school district enters
into an agreement with the underwriter to continue to provide certain information to the public as
long as such debt is outstanding. Federal law prohibits an underwriter from purchasing or selling
municipal securities unless the underwriter has reasonably determined that the issuer of municipal
securities has undertaken, in a written agreement, to provide certain information to the public.
This agreement is typically referred to either as a continuing disclosure agreement or continuing
disclosure certificate. In this agreement, the issuer agrees to provide 1) an annual report
containing financial reports and other operating information, and 2) notices of significant events
(as identified by the Securities and Exchange Commission or SEC) as they occur. The required
contents and due date of the annual report as well as the events requiring notice to the public as
they occur are specified in the agreement.
Below is a scope of work to assist the District with meeting its continuing disclosure obligations
with respect to its outstanding publically issued debt. Note that the District currently has the
following debt with continuing disclosure obligations:
1. Certificates of Participation (2008 Financing Project)
Preparation and Filing of Annual Report. We will perform the following services each year to
assist the District in satisfying its annual continuing disclosure filing requirements:
• Review the continuing disclosure agreements for the District’s outstanding debt.
• Determine the information required to be included in the annual disclosure filing along with the
filing due date(s).
• Collect information from the District, the County, and other information sources to meet the
annual disclosure requirements.
• Prepare the annual report, as required.
• File the annual report on the EMMA system1.
• Prepare a memo for your records confirming the filing of the annual report, identifying the
contents of the report, and including the receipt(s) proving submission of the report.
1
As of July 1, 2009, all continuing disclosure filings are required by law to be provided to the
public in an electronic format through the Electronic Municipal Market Access system, or
“EMMA.” EMMA was established to provide free public access to disclosure and increase
transparency of information in the market, replacing for-profit vendors that used to resell such
information. EMMA is operated by the Municipal Securities Rulemaking Board, or “MSRB”. The
MSRB regulates municipal securities underwriters and municipal advisors and is subject to
oversight by the SEC.
January 29, 2016
Douglas Beaton
RE: Scope of Work to Provide Continuing Disclosure Services
Page 2
Preparation and Filing of Significant Event Notices. As necessary, we will perform the following
services to assist the District in satisfying its significant event filing requirements, including but not
limited to filings due to credit rating changes:
• Monitor ratings of bond insurers insuring the District's debt.
• Prepare significant event notices (whether through your communication with our office or from
other sources), with the goal to complete each filing within 10 business days of the
occurrence of such event as required under continuing disclosure certificates signed after
December 1, 2010.
• File significant event notices on EMMA.
• Prepare a memo for your records confirming the filing of each significant event notice and
including the receipt(s) proving submission of the notice.
Annual Review. We will conduct due diligence annually to confirm compliance with disclosure
requirements during the past year, and to ensure complete and accurate disclosure of material
information.
District Responsibilities. Even though we will actively monitor for rating changes, in order to
provide for timely disclosure to the market, we ask that you please notify us as soon as possible
(ideally within five business days) of any of the events listed on the attached Exhibit A.
As always, we will provide District staff with education and support to enable the District to
achieve maximum value from this scope of work.
Our fees to provide continuing disclosure services are based on the number of outstanding issues
at the beginning of the calendar year. Our current fees are $2,500 per year for up to four debt
issuances, with each additional debt issuance $500, payable at the beginning of the calendar
year. The District currently has one debt issuance outstanding; consequently, the fee for
continuing disclosure services for calendar year 2016 is $2,500 plus any out-of-pocket expenses
for data provided by third parties (billed at cost as incurred). An invoice for continuing disclosure
services for 2016 will be provided to the District upon acceptance of this scope of work;
thereafter, invoices will provided annually in December for services for the following calendar year.
This scope of work automatically renews at our then current rates each year unless terminated by
either party upon 30 days written notice.
Douglas, as always, our commitment to our clients is "100 percent satisfaction guaranteed, 100
percent of the time." It is our goal to provide the best services in the most economical fashion.
We look forward to continuing to provide the District with this same high level of service. Please
let us know if you have any questions or comments.
Accepted By:
______________________________________
Douglas Beaton
Director, Business Services
Lucerne Valley Unified School District
Date:_________________________________
January 29, 2016
Douglas Beaton
RE: Scope of Work to Provide Continuing Disclosure Services
Page 3
Exhibit A – Events Requiring Notification
We ask that you please notify us as soon as possible (ideally within five business days) of the
occurrence of any of the events listed on the following table. Note that many of the events listed
below are as specified by the Securities and Exchange Commission. While we have provided
examples of these events in order to aid in your understanding, the examples are not meant to be
comprehensive, and some of the items may not be relevant for the District. If you have any
question as to whether an event occurs that may require notification to the public market, we ask
that you err on the side of caution and contact us.
Event
A rating agency contacts the District for
a rating review.
The credit rating on any of the District’s
outstanding debt changes.
There is a debt service payment
delinquency.
There is an unscheduled draw on a debt
service reserve or credit enhancement
(such as bond insurance).
There is a substitution of a credit or
liquidity provider, or their failure to
perform.
The District defeases, refinances or
completes a tender offer of any of the
District’s debt.
The District considers a State loan due
to insolvency or has a fiscal advisor
appointed.
There is an adverse tax opinion, the
issuance by the Internal Revenue Service
of Notices of Proposed Issue (IRS Form
5701-TEB) or other notices regarding
the tax status of the District’s debt.
The rights of the District’s debt holders
are modified (usually through an
amendment of the financing documents).
The property securing repayment of any
of the District’s debt is released,
substituted, or sold.
The District’s boundaries are changed,
or the District sells all or substantially all
of its assets.
The District appoints a successor or
additional trustee, or the name of a
trustee changes.
The District issues private placement
debt such as lease-purchase financing.
There is any other event that may be
material to investors.
Description / Example
One of the three major rating agencies (Standard &
Poor’s, Moody’s and Fitch) contacts the District for the
purpose of updating its rating(s) on the District’s debt.
One of the three major rating agencies notifies the
District of a change in the rating of the District’s debt.
The District does not make a debt service payment on
any of the District’s outstanding debt when due.
The District does not make payment a debt service
payment when due on any of the District’s debt, and the
paying agent or trustee bank notifies the District that a
draw is made from the bond insurer or the debt service
reserve fund in order for the investors to receive funds
in a timely manner.
The District replaces the provider of the surety bond
used to fund a reserve fund, or the provider of a letter
of credit associated with variable rate debt.
The District issues bonds to refinance any of its
outstanding debt or pays debt prior to its due date with
cash on hand.
The District is in fiscal distress. The District may be
evaluating a need for a State loan or has a fiscal advisor
appointed by the county office of education.
The District is contacted by the Internal Revenue
Service regarding any of the District’s debt.
The Board is asked to consider a resolution modifying
the trust agreement or lease agreement(s) related to its
certificates of participation.
The District changes the property used as the basis for
lease agreements related to its certificates of
participation.
The boundaries of the entire District are changed (not a
change in the determination of which areas attend
which schools).
The District changes trustee bank on its outstanding
certificates of participation.
The District issues a lease-purchase financing or other
debt not using an underwriter.
L.5. Approve Multiple Services Agreement with School Innovations
& Achievement
Attachments:
SIA Agreement
Regular Board Meeting Agenda of April 7, 2016
Page 39
MULTIPLE SERVICES AGREEMENT
Between
SCHOOL INNOVATIONS & ACHIEVEMENT
And
LUCERNE VALLEY UNIFIED SCHOOL DISTRICT
THIS AGREEMENT, dated ____________________, 2016 (the “Agreement”) is made by and between
Lucerne Valley Unified School District (“District”), and School Innovations & Achievement, a California
corporation (“SI&A”), each being a “Party” and collectively the “Parties”.
RECITALS
WHEREAS, District is authorized to retain consulting services to assist District in the preparation and
filing of reimbursement and estimated claims for the costs of the Mandate Reimbursement Process
Program, legislatively mandated by the State of California (“State”), and SI&A is qualified to perform
such services; and
WHEREAS, it is necessary and desirable that SI&A be retained by District for the purpose of performing
consulting services;
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. Agreement Period. The Agreement period begins July 1, 2016 (the “Effective Date”) and will
automatically expire on June 30, 2019 (the “Expiration Date”). The Agreement period consists of
three (3) District fiscal years: July 1, 2016 through June 30, 2017; July 1, 2017 through June 30,
2018; and July 1, 2018 through June 30, 2019 (the “Agreement Period”). Each fiscal year within the
Agreement Period is an “Agreement Year.”
2. Services. SI&A agrees to provide District consulting services (“Services”) as outlined in Exhibits B
and C during the Agreement Period.
3. District’s Obligations.
3.1 District Responsibilities and Obligations. District shall be responsible for the following:
(a) ensuring District has record retention policies sufficient to maintain original documentation
used in support of claims (for audit or examination by any State or regulatory agency); and
(b) maintaining original supporting documents for a period of four (4) years after the State’s first
payment of the claim; and (c) District shall provide SI&A all records and information relevant to
any claim in a timely manner and contact information for District’s personnel to whom SI&A may
direct inquiries. District understands and agrees that the results of SI&A’s inquiries, the
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documentation obtained from District and other corroborating information may be used by SI&A
for filing and/or supporting the reimbursement claims, or responding to audits or investigations.
3.2 Claim Approval. Upon presentation of a claim for District’s approval, District agrees to review
the claim and respond to SI&A by either: (a) certifying to SI&A, under penalties of perjury, that
the time, costs and other data collected by District and furnished to SI&A in support of the claim
are true and correct; or (b) provide SI&A with notice specifying why the foregoing certification
may not be true. All notices and certifications must comply with the requirements of Section 4 of
the Standard Terms and Conditions.
3.3 For Districts that elect the Mandate Block Grant. The District acknowledges and agrees that the
Good Governance and Program Advisory Services, provided by SI&A, in connection with
potential audit matters, consists of providing recommendations and support with forms and backup documentation collected. It is the District’s responsibility to ensure the District’s compliance
with all mandate block grant requirements.
4. California False Claims Act. District acknowledges that reimbursement claims filed under this
Agreement constitute “claims” under the California False Claims Act (California Government Code
Section 12650, et seq.) (“False Claims Act”) and consequently, District, its employees, contractors
and other persons acting on its behalf, may be subject to the provisions of the False Claims Act.
Among other things, the False Claims Act imposes liability for treble damages, penalties and costs of
civil recovery actions upon persons who “knowingly” present or cause to be presented false claims, or
who “knowingly” make or cause to be made false records or statements in support of a claim. Under
the False Claims Act, “knowingly” means that a person, with respect to information, has actual
knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or
falsity of the information.
5. Payment of Fees.
5.1 Fees. For Services provided pursuant to the terms of this Agreement, District agrees to pay SI&A
$10,000, annually, (the “Fee”) for the fiscal years 2016/17, 2017/18 and 2018/19, as follows:
Services
Good Governance and Program Advisory Services
SiteServ
SM
Services
Total Annual Fee
FY 2016/17
FY 2017/18
FY 2018/19
7,600
7,600
7,600
2,400
2,400
2,400
10,000
10,000
10,000
5.2 Payment Plan. The Fee is payable in annual or semi-annual installments as indicated below.
District must clearly mark one payment plan below. If a plan is not clearly identifiable by SI&A,
then District agrees to pay the Fee on an annual basis.
3 annual payments due July 1, 2016, 2017 and 2018.
6 semi-annual payments due July 1, 2016, 2017 and 2018, and January 1, 2017, 2018 and
2019.
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5.3 Travel; Lodging Expenses. If SI&A reasonably determines that travel to District’s site is
necessary, SI&A and District shall schedule mutually convenient dates and times for such
meetings. All travel and lodging expenses incurred by SI&A in connection with the Initial Scope
of Services are included in the Fee.
6. Entire Agreement. This Agreement, including, without limitation, the Standard Terms and
Conditions attached hereto as Exhibit A is the final expression of, and contains the entire agreement
between the parties with respect to the subject matter hereof and supersedes all prior understandings
with respect thereto.
7. Exhibits. All exhibits referred to in this Agreement are attached and incorporated herein by this
reference.
8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, including copies sent to a party by facsimile transmission or in portable document format
(pdf), as against the party signing such counterpart, but which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the District and SI&A have made and executed this Agreement as set forth
below.
SI&A:
DISTRICT:
SCHOOL INNOVATIONS
& ACHIEVEMENT, INC.
LUCERNE VALLEY UNIFIED SCHOOL
DISTRICT
Signature:
Date Signed:
Print Name:
Title:
Company:
Address:
Signature:
Date Signed:
Print Name:
Title:
Address:
Phone:
Fax:
3/17/2016
Jeffrey C. Williams
Chief Executive Officer
School Innovations & Achievement
5200 Golden Foothill Parkway
El Dorado Hills, CA 95762
(800) 487-9234
(888) 487-6441
Phone:
Fax:
Email
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EXHIBIT A - STANDARD TERMS AND CONDITIONS
1. Scope of Services; Independent Contractor. SI&A’s services described in the Agreement (the “Services”) detail the initial scope of services anticipated by SI&A as of the
effective date of the Agreement (“Initial Scope of Services”). District acknowledges that the Fee is based on this Initial Scope of Services. If SI&A determines that the Initial
Scope of Services may be or has been increased anytime during the Agreement Period, SI&A reserves the right to increase the Fee to compensate for the unanticipated or
additional services as mutually agreed upon in writing by both Parties. This Agreement is not for lobbying services and SI&A is not being retained to provide lobbying services
to District. The parties agree that School Innovations & Achievement is an independent contractor and the Agreement shall not be construed to create a relationship of agent,
servant, employee, partnership, joint venture, association or any other relationship.
2. Termination. Either party may terminate the Agreement, with or without cause, by delivering written notice of termination to the other party not later than thirty (30) days
prior to expiration of the current agreement year within the Agreement Period. The effective date of termination shall be the expiration of such current year of the Agreement.
Upon termination, SI&A will invoice District for any Fees owing and District shall pay the full invoice amount within thirty (30) days after receipt of SI&A’s invoice. Except
as set forth in this Section 2, neither party shall have any liability to the other for damages resulting solely from a party’s termination of this Agreement in accordance with this
Section 2.
3. Termination Due to Changes in State Law.
If Legislation is enacted that eliminates or suspends K-12 education mandates, thereby making the filing of mandate
reimbursement claims impossible or futile, District may immediately terminate this Agreement. Upon termination, SI&A will invoice District for any Fees owing and District
shall pay the full invoice amount within thirty (30) days after receipt of SI&A’s invoice. All other terminations shall be subject to the terms and conditions set forth in Section
2, above.
4. Notice. All Agreement notices must be in writing, directed to the party’s address set forth below such party’s signature in the Agreement and shall be deemed to be received in
accordance with the following: (a) in the case of personal delivery, on the date of such delivery; (b) in the case of facsimile transmission, on the date upon which the sender
receives confirmation by facsimile transmission that such notice was received by the addressee, provided that a copy of such transmission is additionally sent by mail as set
forth in (d) below; (c) in the case of overnight courier, on the second business day following the day such notice was sent, with receipt confirmed by the courier; and (d) in the
case of mailing by first class certified mail, postage prepaid, return receipt requested, on the fifth business day following such mailing. A party may change the address stated in
the Agreement by giving notice to the other party.
5. District’s General Responsibilities; District Acknowledgment. During the Agreement Period, in addition to the obligations set forth in the Agreement, District is responsible
for the following: (a) ensuring that District, its employees and contractors properly identify and comply with laws and regulations applicable to District’s activities; (b)
completing any documents required by SI&A for any service obtained by District; (c) importing only data that reflects student performance to the grade level into the school site
plan to ensure confidentiality and consistency with FERPA guidelines,; and (d) monitoring assignments of login and passwords to assure FERPA compliance. District
acknowledges that SI&A’s full, accurate and timely performance under this Agreement is materially dependent upon District’s reasonable cooperation and assistance. District
further acknowledges that SI&A’s Initial Scope of Services and Fee presume a reasonable amount of cooperation and assistance from District, such as District’s timely
provision of certain information, documentation and personnel. SI&A has explained its requirements in this regard to District and District agrees to meet these requirements.
6. Further Assistances. Upon request of the other party, SI&A or District shall execute and deliver additional instruments and take additional actions as may be necessary or
appropriate to perform the Agreement.
7. Assignment Prohibited. Neither party may assign any rights or obligations under this Agreement without the prior written consent of the other party. Any purported
assignment in violation of the provisions of this Section 7 shall be null and void.
8. Family Educational Rights and Privacy Act (“FERPA”); California Education Code. SI&A may have limited access to student information only for purposes of providing
the legally required notification services, if any, specified in this Agreement. SI&A performs the Services as an agent of District and has no right to access or utilize student
information for any other purpose. SI&A, its officers and employees, shall comply with the Family Educational Rights and Privacy Act and California Education Code sections
49073 et seq. and/or sections 76240 et seq. at all times.
9. Confidential and Proprietary Materials of SI&A. During performance of the Agreement, SI&A may provide materials or disclose information to District that SI&A
considers proprietary or confidential including, but not limited to SI&A’s training handbooks, policy manuals, instructions, copyrighted checklists and forms (“SI&A’s
Materials”). District agrees that District acquires no interest of any kind in SI&A’s Materials. At all times during and after the Agreement Period, District agrees (a) to keep
SI&A’s Materials in confidence and trust for SI&A; (b) not to disclose, duplicate or otherwise use SI&A’s Materials, except in furtherance of SI&A’s performance per the
Agreement; (c) to limit access to SI&A’s Materials to District’s employees and/or contractors who have a “need to know;” and (d) to promptly return all copies of SI&A’s
Materials to SI&A after a request is made.
10. Limitation of Liability; Indemnification. In no event shall SI&A’s liability to District, for any reason arising out of this Agreement, exceed the amount of the Fee actually
received by SI&A under this Agreement. SI&A shall not be liable for any consequential damages. Each party agrees to defend, hold harmless, and indemnify the other party
(and its officers, employees, trustees, agents, successors, and assigns) against all claims, suits, expenses (including reasonable attorney’s fees), losses, penalties, fines, costs, and
liability whether in contract, tort, or strict liability (including but not limited to personal injury, death at any time, and property damage) arising out of or made necessary by the
indemnifying party’s breach of the terms of this Agreement. In the event that any action or proceeding is brought against a party by reason of any claim or demand discussed in
this Section 10, upon notice from the party, the indemnifying party shall defend the action or proceeding at the indemnifying party’s expense, through counsel reasonably
satisfactory to the other party. The obligations to indemnify set forth in this Section 10 shall include reasonable attorney’s fees and investigation costs and all other reasonable
costs, expenses, and liabilities from the time of giving the first notice of any claim or demand. The indemnifying party’s obligations under this Section 10 shall apply regardless
of whether the other party (or any of its officers, employees, trustees, or agents) is actively or passively negligent, but shall not apply to any loss, liability, fine, penalty,
forfeiture, cost, or damage caused solely by the active negligence or by the willful misconduct of the other party.
11. Governing Law; Enforcement Costs. The Agreement shall be governed by and construed in accordance with the substantive laws of California. If any legal action (including
arbitration) is commenced to enforce the Agreement’s terms or a party’s rights or obligations under this Agreement, then the prevailing party shall be entitled to recover all fees
and costs incurred by the action, including reasonable attorneys’ fees and arbitrators’ fees, in addition to any other relief to which the party may be entitled.
12. Judicial Reference. In the event a dispute is not resolved through discussions and negotiations among the parties, the dispute shall be decided by general reference procedures
pursuant to Code of Civil Procedure Section 638 et seq., as modified by the provisions of this Section 12, and any subsequent provisions mutually agreed upon in writing by the
parties. The reference shall be conducted in accordance with California law, including, but not limited to, the Code of Civil Procedure and the Evidence Code. The parties shall
be allowed to conduct discovery in the manner provided by Code of Civil Procedure Section 2017 et. seq. BOTH PARTIES HEREBY WAIVE A JURY TRIAL OR
PROCEEDING IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THIS AGREEMENT. All general reference proceedings hereunder shall, unless all parties
hereto otherwise agree, be conducted in a mutually agreeable location in the County of Sacramento, State of California.
13. Modification; Interpretation; Severability; Construction. No modification or supplement to any provision of the Agreement shall be valid, unless executed in writing by
both parties. No provision of the Agreement shall be construed to require the commission of any act contrary to law. If any term, provision, covenant or condition of the
Agreement is held to be invalid or otherwise unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or
invalidated. The headings preceding each Section and subsection of this Agreement are solely for convenience of reference only, are not part of the Agreement, and shall be
disregarded in the interpretation of any portion of the Agreement. Whenever required by the context of the Agreement, the singular shall include the plural and the masculine
shall include the feminine and vice versa. The Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the
same. Unless otherwise indicated, all references to paragraphs, Sections, subparagraphs and subsections are to the Agreement.
14. Waiver. Either party’s failure at any time to enforce any default or right reserved to it, or to require performance of any of the Agreement’s terms, covenants, provisions by the
other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce
such provisions thereafter.
15. Force Majeure. A party shall not be liable under the Agreement as a result of any delay, failure or interruption caused by the other party or third parties, an act of God, acts or
orders of governmental authorities, acts of civil or military authorities, catastrophes or other cause (other than financial) beyond the party’s reasonable control, and such
nonperformance will not be a default hereunder or a ground for termination of the Agreement.
EXHIBIT B
GOOD GOVERNANCE AND PROGRAM ADVISORY SERVICES
During the Agreement Period, SI&A agrees to provide District the following Good Governance and Program
Advisory services:
(a) Prepare and file (based on the District’s Participation Status in the Mandate Block Grant Program, with
information provided by the District):
(1) Any applicable prior year reimbursement claims based on program participation;
(2) Late and amended reimbursement claims, based on program participation; and
(3) Newly claimable programs approved by the Commission on State Mandates (“Commission”) if
the filing deadline is within the Agreement Period.
(b) Hold training sessions for District’s staff during the Agreement Period, as necessary or appropriate (as
reasonably determined by SI&A);
(c) Provide access to interactive professional development training sessions for District and school site staff
on a variety of essential programs via a web-based training platform;
(d) Conduct interviews with District staff and document processes regarding mandate programs;
(e) Provide interim and annual reports on:
(1) Program performance;
(2) Claim performance for all applicable claims; and
(3) Analysis comparing Mandated Program options in preparation for the Districts yearly program
election decision.
(f) Monitor District’s mandated cost tracking systems;
(g) Research and assist District with data collection for test claims approved by the Commission during the
Agreement Period;
(h) Serve as a liaison with the State Controller’s Office and Commission regarding (i) statewide cost
estimate request responses, and (ii) general questions from the State Controller’s Office;
(i) Provide representation of District with respect to any State audit of mandate reimbursement claims that
were prepared and submitted with SI&A’s assistance pursuant to this Agreement, unless prior to claim
submission SI&A advised District that SI&A would not provide audit assistance, due to potentially
unresolved audit issues (such as documentation or data problems) or claim rejection concerns; and
(j) Free access to Cabinet Report. Cabinet Report is an online education-news publication that provides
news coverage critical to education practices and administration, our reporting is aimed at an audience
of educators, school administrators and policy-maker.
EXHIBIT C
SITESERVSM
During the Agreement Period, SI&A agrees to provide District the following SiteServSM Services (SiteServSM)
for the development of a site service plan for each site listed on Attachment C-1, Designated Sites:
(a) Two (2) on-site visits for training and advisory sessions at each Designated Site each Agreement Year;
(b) Coordinate between District and Designated Sites for data collection;
(c) Advise and assist each Designated Site and its personnel to (1) develop a more in-depth understanding
of reimbursable costs under the State’s mandates, (2) determine the documentation required to
substantiate such costs, and (3) meet the school’s documentation completion deadlines to enable SI&A
to prepare claims for timely submission to the State Controller’s Office;
(d) Expanded training sessions with SI&A and District which may be held concurrently with District or
other Designated Site training sessions. A mutually acceptable schedule will be developed specifying
the dates when the training sessions will occur. Since new State mandates not in effect on the Effective
Date (“New Mandates”) may be authorized during an Agreement Year, SI&A shall incorporate training
for New Mandates into SiteServ services if the New Mandates are approved by the State Controller’s
Office and the filing deadline falls within the Agreement Period; and
(e) Include milestones to be achieved by each Designated Site in the site service plan and prepare a district
level summary status report showing each Designated Site’s progress regarding its ability to remain
current on documentation requirements for site based claims at the end of each milestone. SI&A’s
resources for addressing issues identified in the summary status report are beyond the Initial Scope of
Services.
SITESERVSM DISTRICT CHECKLIST
District shall complete the following checklist to enable SI&A to best manage District’s expectations and
preferences.
1.
STAR Testing Window. Please provide District’s STAR Testing Dates: _________
________________________________________________________________________
2.
3.
4.
School Calendar. Please attach a copy of the school district calendar for the current year.
Site Directory. Please attach a site directory that includes the electronic mail addresses and phone
numbers of the principals. Please feel free to include any other useful information (e.g. a district map).
District Contact. Please provide a district office contact to help coordinate visit dates:
Name:
_____________________________
Title:
_____________________________
Phone:
_____________________________
E-mail:
_____________________________
Thank you very much for completing this form and attaching the requested information.
If you have any questions please contact Melanie Trammell at
(916) 669-5184 or [email protected]. We look forward to working with you!
Attachment C-1
Designated Sites
Lucerne Valley Elementary
Lucerne Valley High
M. Adjournment
Regular Board Meeting Agenda of April 7, 2016
Page 40