San Ysidro School I Governing Board Thursday November 8, 2018 5:00 pm. WELCOME Welcome to the meeting of the San Ysidro School District Governing Board. As a courtesy to others, we ask that you turn the volume off on your cell phones and put them on vibrate during the Board meeting. Your cooperation is appreciated. November 8, 2018 Willow School 226 Willow Road San Ysidro >Qamimagno= SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road San Ysidro, CA 92173 Phone Number: (619) 428?4476 Fax Number: (619) 428?1505 REGULAR MEETING OF THE GOVERNING BOARD THURSDAY, OCTOBER 11, 2018 5:00 pm. Pursuant to Government Code Sections 54954 and 54954.2 and Education Code Section 35140, the Regular Meeting of the Governing Board was held on Thursday, October 11, 2018 with Closed Session held at 5:00 pm. to 6:00 pm, and reconvened into Open Session at 6:00 pm. and conducted its business meeting at Ocean View Hills School Auditorium, 4919 Del Sol Blvd., San Diego, CA 92154. Closed Session was conducted in accordance with applicable sections of California Law. MINUTES 1. CALL TO ORDER Who: President Pallasigue Time: 5:00 pm. 2. ROLL CALL by Gina A. Potter, Superintendent Secretary to the Board Mrs. Rosaleah Paliasigue, President Mrs. Irene Lopez, Vice-President Mr. Marcos A. Diaz, Clerk Mr. Rodolfo Linares, Member Mr. Antonio Martinez, Member ?Arrived at 5 :1 0 p. m. and left FLAG SALUTE by Rosaleah Pallasigue, Board President 4. AGENDA The Board approved the agenda for the meeting including guest singer Omar Moreno, SYMS 8th grade student, Who sang a song during Board Recognitions. Motion: Pallasigue Second: Lopez Vote: 4?0 5. PUBLIC ON CLOSED SESSION ITEMS None at this time. President Paliasigue made the motion to recess to Closed Session, seconded by Clerk Diaz. The vote was 4- 0. 6. GOVERNING BOARD RECESSED to CLOSED SESSION at 5:03 in accordance with section 54954.5 regarding: 6.1 GOVERNMENT CODE SECTION 54957 (Zummo) PUBLIC EMPLOYEE 6.2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Potter) Signi?cant exposure to litigation pursuant to paragraph (2) of subdivision of Section 54956.9: No. of cases: 1 6.3 GOVERNMENT CODE SECTION 54957.6 (Zummo) CONFERENCE WITH LABOR NEGOTIATORS 13 1 Agency Negotiators: Daniel Zuinmo, Executive Director of Human Resources Page 1 of 8 October 1 1, 2018 2 Employee Organizations: San Ysidro Education Association/CTA Classi?ed School Employees Associations, Chapter 154 Unrepresented: Administrators, Classi?ed Management, Con?dential/ Supervisory RECONVENED into OPEN SESSION at 6:00 p.m. to take action on items discussed in closed session, or to make disclosures of action taken in closed session, if any, as required by Government Code section 54957.7 and section 54957.1. The Board had nothing to report from Closed Session. 7. CALL TO ORDER Who: President Pallasigue Time: 6:00 pm. President Pallasigne stated for the record that the ?ag salute was done before Closed Session. 8. BOARD RECOGNITIONS DISTINGUISHED CHAMPIONS President Pallasigue introduced Omar Moreno, SYMS 8th Grade Student, who sang a song. 8.1 ASB and Student Council Leaders - Manuela Colom 8.2 PTA Presidents - Daniel Zummo 9. PUBLIC ON OPEN SESSION ITEMS PLEASE SUBMIT PUBLIC COMMENT FORMS PRIOR TO START OF MEETING Per Board Policy #9323, three (3) minutes may be allotted to each speaker and ?ve (5) minutes for organizations to address all of their items. If translation services are required, please state that, and an additional one (1) minute will be allotted. Approach the lectern and give your name. The public has the opportunity to address the Board on any item appearing on the agenda or not on the agenda. Persons wishing to address the Board are asked to ?ll out a Public Comment Form located at the sign-in area, and submit the completed form to the administrative assistant prior to start of meeting. Those who have a group concern are encouraged to select a spokesperson to address the Board. A copy of the full agenda is available for View at the Superintendent?s Of?ce located at 4350 Otay Mesa Road, San Ysidro, California. Also, at the district website: Delbert Moreno, Employee, Commented: 1) He is honoring his mother who is eighty-nine years old. 2) She came to the United States in 1956 as an English language learner and left behind wealth and power. She now speaks four languages. 3) She worked as a seamstress and many nights fell asleep at the sewing machine making money for her family. 4) He became the number one accordion player in San Diego at the age often or eleven years old because of his mother. She?s made sacri?ces for her family and supported them throughout the years. 5) He sang a song he wrote for his mother. 6) Thanked his mother Lucita Gregorio Moreno. Sergio Zamora, OVHS Student, Commented: 1) Received two CAASPP awards for perfect scores. 2) He was classi?ed for the GATE Program, but his parents were informed that there isn?t enough budget to promote the program. 3) Asked the Board to support activities that help students develop their creativity and interest in learning. Maria Canchola, Employee, Commented: 1) She?s worked for the cafeteria twenty years. 2) There was an open position for a Lead and the position was given to a person that doesn?t belong to their department. 3) They?ve been waiting for many years for this opportunity and knows that sometimes it?s because of the experience, but twenty years of experience should speak for itself. 1 . 1 Steven Kinney, Representing Shirley Kinney and himself, Commented: 1) He is disap ointed ri?e rd Member Linares is not running for reelection. 2) Board Member Linares was partly respori?ialg?i 33? pay raises, instrumental in getting the district out of negative certification, increased credit rating, helped the October 11, 2018 3 district get out of the twelve~miilion dollar lawsuit that would have bankrupt the district and brought more services to the Special Education Department. 3) He?s worked tirelessly for the community. Thanked Mr. Linares for his leadership. 10. ITEMS FROM THE BOARD SUPERINTENDENT President Pallasigue, Commented: 1) Thanked Dr. Steele for hosting the Board meeting. 2) Appreciates Dr. Potter?s leadership. 3) Hopes the Board that?s coming in has the same heart as the one that leaves. There is still a lot of work to do. 4) She?s excited about the sports and extracurricular programs. 5) Appreciates PTA. Clerk Diaz, Commented: 1) Thanked everyone for attending the Board meeting and thanked Dr. Steele and staff for hosting the meeting. 2) Principals lead the schools. Everyone that works at schools are leaders and the kids look up to them to give instruction and advice. 3) The challenge is to make ourselves better leaders. 4) We are moving in the right direction with Dr. Potter. Vice-President Lopez, Commented: 1) Thanked staff for hosting the meeting. 2) Congratulated PTA Presidents. 3) Thanked ASB students and the staff that guides them. 4) Visited Preschool and thanked Mrs. Varela?Reed and her staff. 5) Announced that Mr. Pedraja will do the Coco performance. There is talent in our community and we need to support it. 6) Omar Moreno is blessed with a voice and will go farther. Member Linares, Commented: 1) He is not running for reelection. Appreciates Mr. Kinney?s kind words. 2) Hopes the new Board has more of a better vision than he did. He was not able to accomplish everything he wanted, but did his best. 3) He?s been an advocate for the Sunset PTA. The district is ?nally engaging with PTAs and hopes we can do a better job as a Board to address PTA concerns and help them. 4) Wished Dr. Potter well and hopes she is able to unify the new Board. 5) Thanked everyone and wished everyone luck. President Pallasigue, Commented: 1) Thanked Board Member Linares. Believes he was misunderstood, but his heart has always been in the right place. 2) He has a heart for the children and sometimes has been a lone ranger in being a guardian for the funds that belong to them. 3) Appreciates Board Member Linares and she knows he will continue to be an advocate for this community. Clerk Diaz, Commented: 1) People wanted change and that?s what Board Member Linares brought. 2) He was instrumental in keeping the Board focused and not having Board Member Linares is a loss to this district. 3) He will be missed. Vice-President Lopez, Commented: 1) She and Board Member Linares didn?t always agree, but she respects him. 2) He will be missed, but knows he will continue to be involved and we need community members involved with our schools. 3) Thanked Board Member Linares. Dr. Potter, Superintendent, Commented: 1) Thanked Board Member Linares. 2) He came to almost every school visit. Appreciates the genuine heart he has for children. 3) Thanked Omar Moreno for his song. He is a bright shining star. 4) Visited Willow, SYMS and Preschool with the Board and Cabinet. Thanked all staff for their hard work and dedication to the children. 5) Staff has been working on revising Board policies. The policies will be sent to CSBA to be typed for publishing. We will end the year with all Board policies updated and online. 6) Cabinet and principals attended the Equity Symposium. 7) Announced the Coco performance at SYMS on Nov. 15 at 6:00 pm. Thanked Mr. Pedraja who is our Performing Arts Teacher. 11. CONFERENCE SESSION Reports/Presentations 11.1 Education Services and Special Education Strategic Plan - Manuela Colom/Oscar Madera 11.2 Prior Year Audit Findings Overview and Action Plan - Marilyn Adrianzen 12. GENERAL ADMINISTRATION 12.1 MINUTES The Board approved the minutes of the Regular Board Meeting of September 13, 2018 and minlgs 1f the Special Board Meetings of September 13, 2018 and September 8, 2018. Page 3 0f 8 12.2 12.3 12.4 12.5 12.6 October 1 l, 2018 4 Member Linares commented that he didn ?t attend the September 13, 2018 Board meeting, but he would have voted to oppose Closed Session Item 6.1 . Motion: Diaz Second: Pallasigue Vote: 4-0 REVISED ORGANIZATIONAL CHART - BUSINESS SERVICES (Zummo) The Board approved the revised Organizational Chart Business Services. Motion: Pallasigue Second: Diaz Vote: 4?0 MEMORANDUMS OF UNDERSTANDING - CSEA RECLASSIFICAT ION (Zummo) The Board approved Memorandums of Understanding between the San Ysidro School District and the California School Employees Association for reciassi?cations signed on September 12, 2018 and. October 3, 2018. Motion: Pallasigue Second: Diaz Vote: 4?0 MEMORANDUMS OF UNDERSTANDING BETWEEN SAN YSIDRO SCHOOL DISTRICT AND SAN YSIDRO EDUCATION ASSOCIATION FOR REIMBURSEMENTS (Zummo) The Board rati?ed Memorandums of Understanding between the San Ysidro School District and the San Ysidro Education Association for reimbursements for the completion of Autism Spectrum Disorder added authorization programs. Motion: Diaz Second: Lopez Vote: 4-0 RESOLUTION NO. 18/19-8025 DESIGNATING AUTHORIZED AGENTS TO SIGN DOCUMENTS FOR CALIFORNIA STATE PRESCHOOL PROGRAM (CSPP) (Colom/Reed) The Board approved Resolution No. 18/ 19-0025 designating Dr. Gina A. Potter, Superintendent and Marilyn Adrianzen, Chief Business Of?cial as the authorized agents to sign documents for the California State Preschool Program for Fiscal Year 2018-19. Motion: Diaz Second: Lopez Vote: 4-0 RESOLUTION NO. 18/19~0026 DESIGNATIN AUTHORIZED REPRESENTATIVES TO THE SAN DIEGO COUNTY SCHOOLS FRINGE BENEFITS CONSORTIUM FOR FRINGE BENEFITS PROGRAMS (Adrianzen) The Board approved Resolution No. 18/19-0026 designating and appointing Marilyn Adrianzen, Chief Business Of?cial, as the PEG representative and Dr. Gina A. Potter, Superintendent, as the alternate representative for the San Ysidro School District to the San Diego County Schools Risk Management Fringe Bene?ts Consortium for the Fringe Bene?ts Program. Motion: Diaz Second: Lopez Vote: 4-0 13. CONSENT CALENDAR The Board approved the Consent Calendar with the following changes: 1) Pulled Consent Calendar items 13A.3 and 13C.8 for discussion and to be voted on separately. Motion: Pallasigue Second: Diaz Vote: 4-0 13A. CURRICULUM INSTRUCTION 13A.1 SAN YSIDRO MIDDLE SCHOOL 8TH GRADE TRIP TO WASHINGTON D.C. AND 13 1 NEW YORK 2019 (Colom) President Pallasigue made the motion, seconded Vice- President Lopez for discussion, after discussion the Board tabled the item to a 13% ?ea?l? Approve the attendance and participation of approximately ten grade students from the San October 11, 2018 Ysidro Middle School to a trip to Washington DC. and New York for an opportunity to discover American History ?rst hand, during the week of March 24?29, 2019 at no direct cost to the District. 13A.2 FIELD TRIPS TO THE ONESIGHT EYE CLINIC (Colom) The Board approved the attendance and participation of approximately 300 students from all schools to the OneSight Clinic field trips to be held from October 31 November 2, 2018 at a total cost of $2,500.00 for transportation services from the McKinney?Vento fund. 13A.3 PROFESSIONAL DEVELOPMENT (Colom) The Board approved/ratified the attendance and participation of District staff to the different professional developments, as scheduled. EVENT PLACE COST FUNDING Veronica Medina 2018 San Diego Foster Care Education Summit La Jolla October 22, 2018 $0 No cost David Alkass, Michelle Patterson, Nadean Perez, Carina Ponce, Juan Torres, Carolanne Brandt, Sarina Hemungkorn, Marisela Lozano, Nicole Scarlett, David Perez, Maria Dias, Neal Holter, Carmen Puga, Katherine O?Callaghan, Norma Sedano, Veronica Hernandez, Clarissa Marking, Nancy Alvarado, Katie Bisaga, Maria Huerta NGSS Three Day Academy SDCOE February 12, 13 and 21,2019 $14,800.00 Title II Funds Gonzalez, Jessica Kerbow, Alexis Tapia, Mary Tucker 2019 Summative ELPAC Administration and Scoring Training San Diego October 19, 2018 Mileage General Fund Karina Victorino, Brianna Minton School Social Work Leadership Consortium SDCOE October 19, 2018 $75.00 Special Education Fund Marilyn Adrianzen, Amber Elliott, Patricia Caro, Araceli Felix, Blanca Vega, Daniel Chavez, Jorge Cervantes CASBO - Fall Classic Workshop Escondido, CA October 12, 2018 $280.00 Page 5 General Fund 13.1 $0f8 October 11, 2018 6 Linda Gonzales, 2018 Fall Credentials SDCOE November 7, $0 No cost Courtney Foster Workshop 2018 Jorge Von Borstel CASTO - The Annual TBD November 10, $35.00 General Fund Transportation Workshop 2018 Motion: Pallasigue Second: Linares Vote: 4-0 1313. BUSINESS 13B.1 133.2 13B.3 133.4 1313.5 13B.6 13B.7 13B.8 PURCHASING REPORT (Adrianzen) The Board approved/rati?ed the following purchase orders incurred by the District during the period August 30, 2018 through September 24, 2018. EXPENDITURE REPORT (Adrianzen) The Board approved/rati?ed the expenditures incurred by the District during the period of August 31, 2018 through September 27, 2018 for a total expenditure of $1,615,099.52. ACCEPTANCE OF DONATIONS (Adrianzen) The Board accepted donations of backpacks valued at $3,000.00 to help support and enrich our educational programs. FIRST QUARTERLY COMPLAINT REPORT FOR WILLIAMS SETTLEMENT RELATED ISSUES FOR SCHOOL YEAR 2618-19 (Adrianzen) The Board accepted the Report of William?s Settlement Complaints for the ?rst quarter, from July 1, 2018 to September 30, 2018 of the 2018?19 school year for submission to the San Diego County Office of Education. AGREEMENT WITH COOPERATIVE STRATEGIES (Adrianzen) The Board approved the agreement with Cooperative Strategies to provide consulting services and prepare the Annual and Five Year Report for ?scal year 2017-18 at a cost up to $4,180.00 from the Building und and/or Community Facilities Districts (CFD) fund. AGREEMENT WITH GLORIA GONZALEZ PHOTOGRAPHY (Adrianzen) The Board approved the agreement With Gloria Gonzalez Photography to provide school portraits and other specialty items for students and staff for school year 2018?19 effective October 12, 2018 through June 30, 2019. Gloria Gonzalez Photography has submitted all required documentation, such as: Proof of printing in the United States, certi?cate of insurance, and a valid business license. SAN DIEGO COUNTY NONPUBLIC MASTER CONTRACT WITH ACES ACADEMY FOR 2018-2.019 SCHOOL YEAR (Colom) The Board approved the San Diego County Nonpublic School Master Contract with ACES Academy to provide nonpublic school placement to students with special needs per their IEP during school year 2018-2019 at an estimated cost up to $83,693.36 from the Special Education fund. AGREEMENT WITH HENDRIX CALIFORNIA SCHOOL CONSTRUCTION SERVICES FOR DIVISION OF THE STATE ARCHITECTS (BSA) INSPECTION SERVICES AMENDMENT NO. 1 (Adrianzen) The Board ratified Amendment No. 1 to the Hendrix California School Construction Services Agreement extending the term of the agreement and providing additional inspection services to closeout the Prop 39 HVAC Projects at La Mirada, San Ysidro Middle and District qucq locations. The approved contract not to exceed amount of $60,000.00 will not char?e and 2&1 Otile? terms and conditions will remain the same. age 0 October 1 l, 2018 8 or engineering services, facility planning and limited project delivery services, including all management, construction support, procurement services, and assist with completing multiple project types at a cost up to $50,000.00 from the Building and/or General Fund. 13C. PERSONNEL CLASSIFIED EMPLOYMENT (Zurnmo) The Board approved/rati?ed the employment for the following as recommended by staff: 13C.1 Classi?ed Probationary Staff EMPLOYMENT (Zumino) The Board approved/rati?ed the employment for the following as recommended by staff: 13C.2 Substitute Campus Aide 13C.3 Substitute Child Nutrition Specialist 13C.4 Substitute Clerk . 13C.5 Substitute Custodian 13C.6 Substitute Instructional Aide 13C.7 Substitute Maintenance Person JOB DESCRIPTION (Zuinmo) The Board approved the new and revised job descriptions for the following as recommended by staff: 13C.8 Senior Payroll and Benefits Accountant The Board approved the updated job description as amended: Motion: Pallasigue Second: Diaz Vote: 4?0 13C.9 Transportation Operations Technician 13D. PERSONNEL CERTIFICATED EMPLOYMENT (anmo) The Board approved/ratified the employment for the following as recommended by staff: 13D.1 Substitute Permit Teachers 13D.2 Substitute Teachers 13E. PERSONNEL MANAGEMENT EMPLOYMENT (Zummo) The Board approved the employment for the following as recommended by staff: 13E.1 Classified Management Staff Clerk Diaz made the motion to adjourn, seconded by President Pallasigue. The vote was 4-0. 14. ADJOURNMENT Time: 8:30 pm. Respectfully Submitted, Gina A. Potter, Secretary Governing Board 13.1 Page 8 of 8 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina Potter, FROM: INITIAL: Superintendent Administration El Informational Gina A. Potter, Superintednent Action AGENDA ITEM: ORGANIZATIONAL MEETING The Education Code requires that governing boards hold an annual organizational meeting for the purpose of electing of?cers and establishing dates of regular meetings. Education Code sections 35143 and 72000(c)(2) provide that: The Governing Board of each school and community college district shall hold an annual organizational meeting. In 2018, the meeting must be held on a date between December 7 and December 21, inclusive. 0 The day and time of the annual organizational meeting shall be selected by the Board at its regular meeting held immediately prior to December 1, unless otherwise provided by rule of the Governing Board. 0 The Governing Board shall notify the County Superintendent of Schools of the day and time selected. RECOMMENDATION: Approve Thursday, December 13, 2018, at 5:00 pm. in the Multicultural Complex at San Ysidro Middle School as the date, time and place for the annual Organizational Meeting of the Governing Board as per Education Code section 35143. LCAP GOAL AND (please indicate): a Renewal New Amendment CI Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018~2019 Budget? Requisition [(Amount) (Name of funding source and/0r iocation) (Funding account number) Certi?cation Requested Yes No Superintendent?s Office Certi?cation: Recommended for: proval Denial an Gina ?otter, Superintendent 13.2 Secretary to the Board Page 1 0f 2 Organizational Meetings of Governing Boards Oct. 5, 2018 NOTICE OF DECEMBER 2018 ORGANIZATIONAL MEETING OF THE GOVERNING BOARD Complete and submit no later than Nov. 21, 2018, to: Aaron McCalrnont Legal Services, Room 609 San Diego County Office of Education Email: aaron.mccalmontd?sdcoenet Fax: 858-541-0697 School/Community College District: Date of Organizational Meeting: (Date between Dec. 7 and Dec. 21 inclusive) Time of Meeting: Clerk/Secretary to the Governing Board Date 13.2 Page 2 of 2 SAN SCHOOL DISTRICT GOVERNING BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: ?ed Superintendent Preschool Child DeveIOpment Programs El Informational Lorena Varela-Reed, Director Action AGENDA ITEM: RESOLUTION NO. 18/ 19-0027 TO CLAIM LOST DAY OF ATTENDANCE FOR THE PRESCHOOL CHILD DEVELOPMENT PROGRAM BACKGROUND INFORMATION: California Education Code Section 8271 allows to be reimbursed for child development programs on days the agency was unable to operate or operated at a reduced level, due to emergencies. This provision applies to all child development and preschool programs funded by the Early Learning and Care Division of the California Department of Education (CDE). In order for the District to be reimbursed for the closing of all preschool classes on September 10, 2018, due to the loss of electricity to the entire school district, the Governing Board must adopt a resolution. Upon adopting a resolution, the appropriate reimbursement claim will be submitted to the California Department of Education - Early Learning and Care Division. RECOMMENDATION: Adopt Resolution No. 18/ 19-0027 to claim a lost day of attendance for the Preschool Child Development Program due to the power outage on September 10, 2018. LCAP GOAL AND (please indicate): 3 Renewal New Amendment Ratify Other Business Services Reviewed: gijv/??f Financial Implications? Are funds for this item avaiiable in the 2018-2019 Budget? Requisition Yes (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: Approval Denial Certi?cation Requested Yes No Superintendent?s Office Certi?cation: GinajA. Potter, Superintendent 13 3 Secretary to the Board Page 1 of 2 San Ysidro Elementary School District Resolution Number 18/194102? RESOLUTION TO CLAIM LOST DAY FOR CHILD DEVELOPMENT PROGRAMS On motion of Member seconded by Member the following resolution is adopted: WHEREAS, Education Code Section 8271 allows local education agencies to be reimbursed for child development programs on days the agency was unable to operate or offered reduced service due to emergencies. WHEREAS, child development programs were unable to operate due to power outage that effect the San Ysidro Area on September 10, 2018. THEREFORE, BE IT RESOLVED, that the Governing board hereby applies for reimbursement for lost child days for the following contracts pursuant to Education Code Section 8271: N0 SERVICE REDUCED SERVICES . Date of Actual Child . Date Closed Child Days of Attendance Reduced Days of ChlId Days of Prior Week . Attendance, Prior Week Sen/Ice Attendance One date for Attendance for same One date for Attendance for same each line day of prior week each line day of prior week uCori?traCtlIype: 3' i 09-10-2018 09-04-20?i8 116 TOTAL 116 Instructions: Add an additionai table for each contract type. PASSED AND ADOPTED by the Governing Board on November 8, 2018 by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA COUNTY OF CALIFORNIA i, Marcos A. Diaz Clerk of the Governing Board, do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly passed and adopted by said Board at a regularly called and conducted meeting held on said date. Clerk of the Governing Bl?r? Page 2 0f 2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: Superintendent Human Resources El Informational Daniel Zuinrno, Executive Director Action AGENDA ITEM: RESOLUTION NO. 18/ 19?0028 BACKGROUND INFORMATION: Annually, the District is required by the California Education Code Section 4425 6(b) to certify that teachers have met legal requirements to be authorized to teach in certain departmentalized subject areas. Teachers, whose credential authorizations cover the subject matter they are teaching, are not required to be con?rmed through Board resolution. However, the Education Code does require resolutions for certain teachers as outlined below: Education Code 44256(b) resolutions are for teachers whose multiple subject or standard elementary credentials do not authorize the subject they are teaching, but they have a total of 6 upper division units or 12 semester units in the subject to be taught. The resolution is to satisfy code requirements for the 2018-2019 school year. The following employee is affected by this resolution: - Eriberto Garcia San Ysidro Middle School Math RECOMMENDATION: Adopt resolution authorizing teacher services for Eriberto Garcia to continue to teach Project Lead The Way (PLTW) curriculum under Education Code Section 4425 LCAP GOAL AND (please indicate): Goal Student Achievement 1.5 Staffing Renewal New [3 Amendment Ratify El Other Business Services Reviewed: II 7 Financial Implications? Are funds for this item available in the 2018?2019 Budget? Requisition Yes No DYes El No -- . -- (Amount) (Name of funding source and/or location) (Funding account number) a Gina a5; Potter, Superintendent Secretary to the Board 13.4 Page 1 of 2 Certi?cation Requested Yes No Superintendent?s Of?ce Certi?cation: Recommended for: Denial SAN YSIDRO SCHOOL DISTRICT RESOLUTION NO. 18/19-0028 RESOLUTION AUTHORIZING ASSIGNMENT TO SINGLE SUBJECT CLASS WHEREAS, California Education Code Section 44256(b) states: "Multiple subject instruction" means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education. The holder of a multiple subject teaching credential or a standard elementary credential who has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at an accredited institution in any subject commonly taught in grades 9 and below shall be eligible to have that subject appear on the credential as authorization to teach the subject in departmentalized classes in grades 9 and below. The governing board of a school district by resolution may authorize the holder of a multiple subject teaching credential or a standard elementary credential to teach any subject in departmentalized classes to a given class or group of students below grade 9, provided that the teacher has completed at least 12 semester units, or six upper division or graduate units, of coursework at an accredited institution in each subject to be taught. The authorization shall be with the teachefs consent. However, the commission, by regulation, may provide that evidence of additional competence is necessary for instruction in particular subjects, including, but not limited to, foreign languages. The commission may establish and implement alternative requirements for additional authorizations to the multiple subject credential on the basis of specialized needs. WHEREAS, the San Ysidro School District has a need for a qualified single subject teacher. WHEREAS, Mr. Eriberto Garcia meets the requirements established by California Education Code Section 442560)). Mr. Garcia holds a Multiple Subject Credential and has completed at least twelve (12) semester units of course work in the ?eld of Math. WHEREAS, Mr. Garcia is currently a classroom teacher assigned to teach a single subject class (Math - Computer Science) at the San Ysidro Middle School in grades 7 and 8 during 2018-19 school year; and WHEREAS, Mr. Garcia has given his written consent to be assigned to a single subject position (Math Computer Science) for school year 2018?2019; NOW, THEREFORE, BE IT RESOLVED by the Governing Board that it hereby authorizes the San Ysidro School District to assign Mr. Eriberto Garcia to the aforementioned teaching assignment for the 2018-2019 school year, pursuant to the provisions of California Education Code Section 44256(b). ADOPTED by the Governing Board of the San Ysidro School District at a regular meeting of said Board on November 8, 2018 by the following vote: AYES: NOES: ABSENT: STATE or CALIFORNIA ss COUNTY OF SAN DIEGO l, Marcos A. Diaz, Clerk to the Governing Board, do hereby certify that the above and foregoing is a full, true and correct copy of a resolution passed and adopted by the said Board at a regular and conducted meeting held on said date. Marcos A. Diaz, 13 4 Clerk to the Governing Board Page 2 of 2 RESOLUTION NO. 18/ 9-0028 NOVEMBER 8, 2018 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina Potter, FROM: INITIAL: Superintendent Administration Informational Gina A. Potter, Superintednent Action AGENDA ITEM: CONFLICT OF INTEREST CODE: LOCAL GOVERNMENT AGENCY BIENNIAL REVIEW BACKGROUND INFORMATION: The Governing Board previously adopted its Con?ict of Interest Code revisions on June 8, 2017. Administration recently reviewed the Designated Positions and has determined that changes to the current Con?ict of Interest Code are necessary. The District?s proposed amendment is to include new positions that must be designated, revise disclosure categories, revise titles of existing positions, and delete positions that no longer exist. RECOMMENDATION: Adopt Resolution No. 18/ 19-0034 adopting a Conflict of Interest Code and its Appendix of Designated Employees and Disclosure Categories. AN (pease indicate): Renewa! New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2017-2018 Budget? Requisition Yes No Yes No 1 -- (Amount) (Name of funding source and/or location) (Funding account number) Recommended .51 Approval I: Denial Certi?cation Requested Yes No 7a . Superintendent?s Of?ce Certi?cation: Gin? Potter, Superintendent Secretary to the Board 13.5 Page 1 of 16 RESOLUTION NO. 18/19-0034 RESOLUTION OF THE GOVERNING BOARD OF THE SAN YSIDRO SCHOOL DISTRICT AMENDING THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the San Ysidro School District (the ?District?) and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Governing Board adopted a Conflict of interest Code (the ?Code?) which was amended on June 8, 2017, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the District have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the District?s Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the District being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the Governing Board of, the proposed amended Code was provided each affected designated employee and publicly posted for review at the offices of the District; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the Governing Board on November 8, 2018, at which all present were given an opportunity to be heard on the proposed amended Code. NOW, THEREFORE, BE lT RESOLVED by the Governing Board of the San Ysidro School District that the Governing Board does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the Executive Secretary to the Superintendent and available to the public for inspection and copying during regular business hours; BE IT FURTHER RESOLVED that the said amended Code shall be submitted to the Board of Supervisors of the County of San Diego for approval and said Code shall become effective immediately upon approval by the Board of Supervisors. 13.5 Page 2 of 16 6 1657000038 1493 294.1 BE lT FURTHER RESOLVED that all previous Conflict of interest Codes of the San Ysidro School District and amendments thereto shall be rescinded as of the effective date of the said proposed Code as approved by the Board of Supervisors. APPROVED, SIGNED AND ADOPTED this 8th day of November, 2018. President, Governing Board San Ysidro School District ATTEST: Secretary, Governing Board San Ysidro School District 13.5 Page 3 of 16 6i657.00003\31493294.1 2 LAW OFFICES OF BEST BEST 8: KRIEGER LLP CONFLICT OF INTEREST CODE OF THE SAN YSIDRO SCHOOL DISTRICT 13.5 Page 4 of 16 61657.00003\31451514.3 LAW OFFICES or BEST BEST 8: KRIEGER LLP CONFLICT OF CODE OF THE SAN YSIDRO SCHOOL DISTRICT (Adopted November 8, 2018) The Political Reform Act (Gov. Code 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency?s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and, the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the San Ysidro School District (the ?District?). All officials and designated positions required to submit a statement of economic interests shall file their statements with the Executive Secretary as the District?s filing officer. The Executive Secretary shall make and retain a copy of all statements filed by Members of the Governing Board and the Superintendent, and forward the originals of such statements to the Clerk of the Board of Supervisors. The Executive Secretary shall retain the originals of all other designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code 81008.) 13.5 Page 5 of 16 61657.00003814515143 LAW OFFICES OF BEST BEST 8: KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE SAN YSIDRO SCHOOL DISTRICT (Adopted November 8, 2018) PART OFFICIALS WHO MANAGE PUBLIC INVESTMENTS District Officials who manage public investmerits, as defined by 2 Cal. Code of Regs. 18700.3, are NOT subject to the District?s Code, but must file disclosure statements under Government Code section 87200 et seq. [Regs 18730(b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments1 Members of the Governing Board Chief Business Official investment Consultants 1 Individuals holding one of the above~iisted positions may contact the Fair Politicai Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Poiiticai Practices Commission makes the final determination whether a position is covered by 87200. 13.5 Page 6 0f 16 61657.00003814515143 LAW OFFICES OF BEST BEST 8: KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED 01 Assistant Principals (ALL) Coordinator, Community Schools After School Programs Coordinator, Federal State Programs: Pupil Services Coordinator, Human Resources Credentialing Director of Child Development Director of Child Nutrition Services 5.0 (Tl Director of Maintenance, Operations, Transportation and Facilities Director of Special Education Director of Education Technology Executive Director of Curriculum, instruction and innovation Executive Director of Human Resources General Counsel Principals (ALL) Program Specialist Superintendent of Schools Consultant and New Positions2 2 Individuals serving as a consultant as defined in FPPC Reg 18700.3 or in a new position created since this Code was Eater amended that makes or participates in making decisions must file under the broadest disclosure requirements set forth in this Code subject to the foliowing iimitation: The Superintendent may determine that, due to the range of duties or contractual obiigations, it is more appropriate to assign a limited disclosure requirement. A ciear explanation of the duties and a statement of the extent of the disciosure requirements must be in a written document. (Gov. Code 82019; FPPC Regs 18219 and 18734.) The Superintendent?s determination is a public record and shall be retained for pubiic inspection in the same manner and location as this Conflict of interest Code. (Gov. Code 81008.) 13 5 Page 7 of 16 LAW OFFICES or BEST BEST 8: KRIEGER LLP PART DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or She is assigned.3 ?investment? means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the District. Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in or own real property within the jurisdiction of the District. Category 2: All Interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the District. Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the District. Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the District. Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position?s department, unit or division. 3 This Conflict of interest Code does not require the reporting of gifts from outside this agency?s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 135 Page 8 of 16 61651000038145] 514.3 LAW OFFICES OF BEST BEST KRIEGER LLP 13.5 Page 9 0f 16 61657.00003814515142 LAW OFFICES OF BEST BEST KRIEZGER LLP CONFLICT OF INTEREST CODE OF THE SAN YSIDRO SCHOOL DISTRICT ovember 8. 2018i The Political Reform Act (Gov. Code 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code which can be incorporated bv reference in an agency?s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conforrn to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 Ihe?erexdsiens?ef??CCWand any amendments to it dulLadopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page Regulation 18730 and togetheHvith?the attached Appendix speedaang?designatedd esignating positions and establishing disclosure shall constitute the district?s?con?ict of interest code of the San Ysidro School District (the ?District?). categories .. WWAII officials and designated employees?positions required to submit a statement of economic interests shall file a~Statement~ef~Eeenemie - Executive Secretary as the District's filing officer Executive Secretary shall make and retain a copy of all statements filed by Members of the Governing Board and the Superintendent, and forward the originals of such statements to the Clerk of the Board of Supervisors. The Secretary shall retain the originals of ali other designated positions and make the?all retained statements avaiiable for public and inspection and reproduction during regular business hours. (Gov. Bd?e?1?1 98819 61657.00003814515142 r22 030mm Emma ENE. m, zmwmomm rEu >??ngx .1 Qul? 1 . ..I .l . ?mg ?rm wmma 5 ca 3 ?omqbooamGEmGEb LAW OFFICES OF BEST BEST a KRIEGER LLP (Adooted November 8, 2018) 55 A 53 OFFECEALS WHC MANAGE PUBUC District Officials who manaoe public investments, as defined by 2 Cal. Code of Reds. 18700.3, are NOT subiect to the District?s Code, but must file disclosure statements under Government Code section 87200 et seq. lReqs. 18730(b)(3)i These positions are listed here for informational purposes onlv. It has been determined that the positions listed below are officials who manaoe public investments1 Members of the Governino Board Chief Business Official Investment Consultants 1 lndividuais hoidinq one of the above-listed positions may contact the Fair Politicai Practices Commission for assistance or written advice regardind their filino obliqations if thev believe that their position has been cateoorized incorrectiv. The Fair Political Practices Commission makes the final determination whether a position is covered by 87200. 13, Page 12 of 16 6i657.00003\3145 2514.2 LAW omcas 0? BEST BEST KRIEGER LLP GGVERNED BY THE 0F ENTEREST CGEE DESEGNATED CATEGDRIES OR FUNCTION ASSIGNED Governing Seard. Members 1 Assistant Principals (ALL) 5 new Coordinator, Communitv Schools After School Proqrams 5 new Coordinator, Human Resources Credentialinq 5 new Superintendent of Schools 41; expanded Executive Director of Curriculum, Instruction and Innovation 2_5_ same Executive Director of Human Resources 2?5 same PrincipalsjALL.) 2Q same Assists: Priris 2 Director of Maintenance, Operations, Transportation and Facilities 2m expanded Director of Special Education 25 same Director of -- Education Technoloqv~w2? same Director of Child Development 25 same Director of Child Nutrition Services 2?5? same General Counsel 1, 2 new Assist ant Di ester of Chiid .i tritien Services 2 Coordinator, Federal and State Programs: Pupil Services 2_5_ same Proqram Specialist 5 new 13.5 Page 13 of 16 61657.000038145i5142 LAW OFFICES OF BEST BEST KREEZGER LLP Consultant and New Positions2 individuals servind as a consuitant as defined in Red 18700.3 or in a new position created since this Code was later amended that makes or participates in makind decisions must file under the broadest disciosure requirements set forth in this Code subiect to the followind limitation: The Superintendent may determine that. due to the ranqe of duties or contractual obiieations. it is more appropriate to assiqn a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code 82019; FPPC Rees 182t9 and 18734.) The Superintendent?s determination is a public record and shalt be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code 81008.) 13 5 Page 14 of 16 61657.00003814515142 LAW OFFICES OF BEST BEST LLP The disclosure cateqories listed below identify the types of economic interests that the desiqnated position must disclose for each disclosure cateqory to which he or she is assiqned.3 ?investment? means financial interest in any business entity (includinq a consultinq business or other independent contractinq business) and are reportable it they are either located in or doinq business in the iurisdiction, are planninq to do business in the jurisdiction, or have done business durinq the previous two years in the iurisdiction of the District. Cateqory 1: All investments and business positions in business entities, and sources of income, includinq qifts, loans and travel payments, that are located in, do business in or own real property within the iurisdiction of the District. Cateqory 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the iurisdiction of the District. Cateqory 3: All investments and business positions in business entities, and sources of income, includinq qifts. loans and travel payments, that are enqaqed in land development, construction or the acquisition or sale of real property within the iurisdiction of the District. Cateqory 4: All investments and business positions in business entities, and sources of income, includinq qifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the District. Cateqory 5: All investments and business positions in business entities, and sources of income, includinq qifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the desiqnated position?s department, unit or division. 3 This Conflict of interest Code does not require the reportinq of qifts from outside this aqency?s iurisdiction lithe source does not have some connection with or bearinq upon the functions or duties of the position. (Req, 18730.1) 135 Page 15 of 16 61657.00003814515142 LAW OFFICES OF BEST BEST 5: KRIEGER LLP 13.5 Page 16 of 16 61657.00003614515142 SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: Superintendent Human Resources Informational Daniel Zurnmo, Executive Director Action AGENDA ITEM: MEMORANDUM OF UNDERSTANDING BETWEEN SAN YSDIRO SCHOOL DISTRICT AND CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION FOR PATHWAYS EXTENDED LEARNING PROGRAM BACKGROUND INFORMATION: Administration recommends approval/rati?cation of the attached Memorandum of Understanding between the San Ysidro School District and the California School Employees Association for the Pathways Extended Learning Program. RECOMMENDATION: Approve/Ratify Memorandum of Understanding between the San Ysidro School District and the California School Employees Association for SYSD Pathways stipend signed on October 25, 2018. LCAP GOAL AND (please indicate): Goal Student Achievement - 1.5 Staffing Renewal New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018~20i9 Budget? Requisition Yes No DYes No TED LCAP/Supplemental (Amount) (Name of funding source and/or location) (Funding account number) ?royal Denial Certltication Requested I Yes No Superintendent?s Office Certi?cation: I. .2 an Gina A. Potter Ed. D. ,Superintendent 13 6 Secretar to the Board . Page I of 2 Recommended for: Egg? Memorandum of Understanding Between San Ysidro School District And California School Employees Association And its Chapter #154 October 25, 2018 San Ysidro School District Pathways Program We hereby mutually agree to the following: 1. A per week stipend of $160 shall be paid to any bargaining unit member who participates in the SYSD Pathways Extended Learning Program. Page 1 a . 0 San Ysidro School District ?pmgrams, activities. and practices shalt be free item unlawful discrimination, including discriminatthn against an individual er group based on rang, cotton ancestm nationality, natmnai origin. ethnic gmup identi?cation. age, reh?gt?on, maritai, pregnancy, or generate! status, physical or mental disability, sex, sexuai orientation, gender, gender identity or expression. or genetic information, a perception of one or more a! such or association with a person or group with one or more of these actual er perceived characten?stics. Distnet programs and ectiwties shat! ates be free of any raciatiy derogatory or discriminatory school or athletic team names, mascots; or nicknames. Boam' Policy 0:310 SAN SCHOOL DISTRICT GOVERNING BOARD AGENDA T0: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: Superintendent Administration Informational Francisco Mata, Coord., Public Action Relations Community Services AGENDA ITEM: NAMING OF FACILITY AT WILLOW ELEMENTARY BACKGROUND INFORMATION: A group of San Ysidro citizens would like to recommend the naming of a facility at Willow Elementary after Mr. Ramon Parra to honor his memory and legacy as an extraordinary San Ysidro citizen and recognize his leadership, passion and contributions to this community. Mr. Parra was a San Ysidro resident for 47 years. He was president and a member of the San Ysidro School Board for 18 years. His involvement, participation and dedication to this community included being active in many San Ysidro organizations including Boys and Girls Club, League of United Latino Americans, San Ysidro Border Lions Club, Charros Association, Parks and Recreation Advisory Committee. He is also recognized as a founding member of San Ysidro Health Clinic, San Ysidro Little League and Pony Leagues, San Ysidro Chapter of LULAC and the San Ysidro Center for Senior Citizens. Francisco Mata, Coordinator, Public Relations Community Services, will lead the process of gathering the names of potential Citizen Advisory Committee members, which will include San Ysidro citizens and Willow Elementary administrators, staff and parents. A list of 7 to 10 potential committee members will be submitted to the Board at the December 13, 2018 Governing Board meeting for consideration and formal appointment to the Citizen Advisory Committee. RECOMMENDATION: Informational Only. The District will adhere to the Board Policy for Naming of Facility, which includes the Board appointing a Citizen Advisory Committee to review name suggestions and submit recommendations for the Board?s consideration. LCAP GOAL (please indicate): Renewai New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018-2019 Budget? Requisition Yes No Yes No (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: Approval [j Denial Certi?cation Requested Yes I: NO Superintendent?s Of?ce Certi?cation. Gina A. Potter, superintendent Secretary to the Board 13.7 Page 1 of 3 Facilities BP 7310(a) NAMIN OF FACILITY The Governing Board shall name district schools and other districtuowned or leased buildings, grounds, and facilities in recognition of: 1. Individuals, living or deceased, and entities that have made outstanding contributions, including financial contributions, to the school community 2. Individuals, living or deceased, who have made contributions of statewide, national, or worldwide signi?cance 3. The geographic area in which the school or building is located The Board encourages community participation in the process of selecting names. A citizen advisory committee shall be appointed to review name suggestions and submit recommendations for the Board's consideration. (of 1220 - Citizen Advisory Committees) Any name adopted for any new school shall not be so similar to the name of any existing district school as to result in confusion to members of the community. Before adopting any proposed name, the Board shall hold a public hearing at which members of the public will be given an opportunity to provide input. (cf 9320 - Meetings and Notices) When naming or renaming a district school, building, or facility, the Board may specify the duration for which the name shall be in effect. Memorials Upon request, the Board shall consider planting commemorative trees, erecting monuments, or dedicating buildings, parts of buildings, athletic ?elds, gardens, or other district facilities, in memory of deceased students, staff members, community members, and benefactors of the district. Naming Rights The Board may grant to any person or entity the right to name any district building or facility. In doing so, the Board shall enter into a written agreement which shall: 1. Specify the bene?ts to the district from entering into the agreement 13.7 2. State the roles and responsibilities of the parties to the agreement, or not the Board shall retain the power to approve any proposed nam age 0 BP 73100:) NAMING 0F FACILITY (continued) 3. Provide details related to the naming right granted, including the building, grounds, or facility involved and the duration for which the name shall be in effect 4. Prohibit any message, image, or other depiction that advocates or endorses the use of drugs, tobacco, or alcohol, encourages unlawful discrimination against any person or group, or promotes the use of violence or the violation of any law or district policy (qf 0410 Nondiscrimination in District Programs/Activities) (cf I325 Advertising/Promotions) (cf 3290 - Gz?s, Grants and Bequests) 5. Reserve the authority to terminate the naming right if it determines that the grantee, subsequent to receiving the naming right, has engaged in any of the prohibited acts stated in item #4 above or other criminal or unlawful acts that might bring the district into disrepute Legal Reference: ED UCA T1 0N CODE 35160 Authority of governing boards 13.7 Policy SAN YSIDRO adopted: 03-44?02 San Ysidro, California Revised: 05125:: raga?82o: SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A.Potter, FROM: INITIAL. .44 Superintendent Educational Services Information! Manuela Colom, Executive Director I Action AGENDA ITEM: PROFESSIONAL DEVELOPMENTS - NOVEMBER BACKGROUND INFORMATION: In order to stay in compliance with State, Federal and local laws, our staff at the different sites and/0r departments will participate in diverse professional developments throughout the year. These trainings/conferences and/or workshops will give our staff the Opportunity to be better prepared and will re?ect in the academic success of our students. The following is a list of professional developments up for the November 8, 2018 Board meeting: 0 Annual Transportation Workshop 0 Cognitive-Behavior Techniques for Educators CASBO Fall Classic Workshop 0 2019 CISC Leadership Symposium 0 Legislative Update 0 InterDistrict Transfer Essentials 0 Nonviolent Crisis Intervention (CPI) Flex Participant Seats 0 2018 CABE Mini-Conference CASBO-Management Supervision Workshop 0 Restorative Practices Training of Trainers Cost implications might include: Registration fees, lodging, parking, meals, mileage and substitute teacher compensation, as needed. RECOMMENDATION: Approve/Ratify the attendance and participation of District staff (see attached list) to the different professional developments, as scheduled. LCAP GOAL AND Goal 1: Student Achievement Action Provide professional development opportunities to improve teaching and learning in the areas of English Language Arts (ELA), English Language Development (ELD), Mathematics, Science, and Social Studies. Professional deveiopment includes training speci?caiiy designed to address the achievement gap for students with disabilities. Renewai New Amendment Ratify Other Business Services Reviewed: Financial implications? Are funds for this item available in the 203 8-2019 Budget? Requisition IE Yes [3 No Yes No APPROXIMATE COST General, Suppiemental Concentration, $13 578 00 Title II and Title HI Funds -- (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: I Aproval Ci Denial Certification Requested Yes No Superintendent?s Of?ce Certi?cation: d. A: 14.1.1 Gitia A. Potter, Superintendent Page 1 0f 4 Secretary to the Board PROFESSIONAL DEVELOPMENT Approve/Ratify the attendance and participation of District staff to the different professional developments, as scheduled. Lorena Vega, Joanna Velasco, Eli Garcia?Solis, Maria E. Lopez, Hector Vazquez, Alice Garcia, Jasmin Lopez, Daniel Sandoval, Martha L. Silva, Amy Ramirez Denise Villezcas, Miguel Aguilera, Martha Murillo, Anais Medina F., Erika Patrick I., Rebeca Aekerman, Manuel Paul Araceli Felix, Blanca Vega, Patricia Caro, Daniel Chavez Manuela Colom Kelli Hay Kelli Hay, Sara Almeida EVENT Annual Transportation Workshop Cognitive- Behavior Techniques for Educators CASBO Fall Classic Workshop 2019 CISC Leadership Symposium Legislative Update InterDistrict Transfer Essentials PLACE Poway SCREC Escondido Anaheim SDCOE SDCOE October 12, 2018 February 20?22, 2019 January 17, 2019 Item 13A.1 COST mileage November 8, 2018 $0 FUNDING November 10, 2018 $4,588.00 General Fund No Cost Mileage General Fund $1,500.00 Supplemental and Concentration Fund November 27, 2018 $65 .00 $0 General Fund No Cost 14A.1 Page 2 of 4 Luis Ramos, Diane Steele, Catalina Jauregui, Russell Little, Efrain Burciaga, Erika Meza, Manuel Boj orquez, Consuelo Carranza, Maria Rodriguez, Marlo Vazquez, Nadia Aviles, Lorena Varela, Adriana Garcia, Maida Gonsalez, Veronica Aguayo, Rodrigo Amezquita, Monica Olivan, Rafael Estrada, Marisela Gonzalez, Nirvana Bustos, Andrea Counts, Anais Flores, Marcos Mendoza, Joanna Ynostroz, Miguel Aguilera, Alana Arciaga, Nohemi Yescas, Gabrielle Rodriguez, Erika Patrick, Thelma Sotelo, Others TBD PLACE TBD EVENT Nonviolent Crisis Intervention (CPI) Flex Participant Seats 2018 CABE Chula Vista Mini Conference Limit of 2 parent and 2 teachers per site: TBD Marilyn Adrianzen, CASBO- Amber Elliott Management Supervision Workshop National City November, 201 8 COST FUNDING $1,280.00 Title II Fund November 3, 2018 $2,800.00 Title Fund November 2, 2018 $890.00 General Fund mileage 14A.1 Page 3 of 4 PARTICIPANTS) Erin Cuevas, enielle Ednalino, Cinthia Nunez, Lourdes Vallin EVENT Restorative Practices Training of Trainers PLACE San Diego FRONUTO December 12-13 2018 COST FUNDING $2,200.00 General Fund. 14A.1 Page 4 of 4 SAN YSIDRO SCHOOL GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: trim? Superintendent Business Services l:l Informational Marilyn Adrianzen, Chief Business Of?cial Action AGENDA ITEM: PURCHASING REPORT BACKGROUND INFORMATION: In order for the District to conduct the educational programs, expenditures are necessary. The function of a purchase order is to receive pre?approval for expenditures and set aside funds before services are performed and goods are received. When possible, purchase orders are made estimating the amount to be used over the course of the school year. Purchase orders are created and approved in the Business Services Department in addition to requisitions created by sites and other departments. Report #4 (September 25, 2018 through October 23, 2018): I General Fund: 0000004055?0000004056, 0000004058-0000004066, 0000004068-0000004070, 0000004072?0000004077, 0000004079?0000004l22, 0000004125~0000004128, 0000004130-0000004163, 0000004165-0000004171 1' Child Development Fund: 0000004057, 0000004078, 0000004129 . Child Nutrition Fund: 0000004067, 0000004164 RECOMMENDATION: Approve/Ratify the following purchase orders incurred by the District during the period September 25, 2018 through October 23, 2018. LCAP GOAL AND (please indicate): Ma i Renewal New Amendment Ratify El Other Business Services Reviewed: ?9ng My Financial Implications? Are funds for this item available in the 2018~2019 Budget? Requisition it Yes No Yes No Varies As listed above -- (Amount) (Name of funding source and/or location) (Funding account number) Certification Requested El Yes No Superintendent?s Office Certification: Recommended for: Approval Denial ?rst) 0, r, . Giifa A. Potter, Superintendent 143.1 Secretary to the Board Page 1 Of 4 0000004055 0000004056 0000004058 0000004059 0000004060 0000004061 0000004062 0000004063 0000004064 0000004065 0000004066 0000004068 0000004069 0000004070 0000004072 0000004073 0000004074 0000004075 0000004076 0000004077 0000004079 0000004080 0000004081 0000004082 0000004083 0000004084 0000004085 0000004086 0000004087 0000004088 0000004089 0000004090 0000004091 0000004092 0000004093 0000004094 0000004095 0000004096 0000004097 000000??98 0060000099 0000000400 9/25/2018 000136 9/25/2018 0000000141 9/25/2018 004571 9/25/2018 0000000507 9/25/2018 004678 9/25/2018 001093 9/25/2018 004628 9/25/2018 000809 9/25/2018 004678 9/25/2018 000146 9/25/2018 004678 9/25/2018 004792 9/25/2018 000146 9/25/2018 0000000078 9/25/2018 000809 9/26/2018 0000000506 9/26/2018 004748 9/26/2018 004684 9/26/2018 003313 9/27/2018 004678 9/27/2018 000809 9/27/2018 0000000485 9/27/2018 004698 9/27/2018 002030 9/27/2018 001725 9/27/2018 001161 9/27/2018 004541 9/28/2018 004678 10/1/2018 002578 10/1/2018 002030 10/1/2018 000273 10/1/2018 003377 10/1/2018 0000000327 10/1/2018 003192 10/1/2018 001671 10/1/2018 000809 10/3/2018 000041 10/3/2018 003589 10/3/2018 004678 10/3/2018 002580 10/3/2018 001012 WAXIE SANITARY SUPPLY WESTCOAST SECURITY 8: INVESTIGATIVE DOMTAR PAPER CO. LLC AMAZONCOM, INC. KONEINC OFFICE AMAZONCOIVI, INC. LAKESHORE AMAZONCOIVI, INC. LAKESHORE VECTOR USA OFFICE DEPOT THE MARKETBOARD PEOPLE BESTBUY AMAZONCOM, INC. OFHCEDEPOT SACRAMENTO COUNTY OFFICE OF EDUCATION NATIONAL BEE PRODUCTS HOME DEPOT BOOST COLLABORATIVE AMAZONCOM, INC. CLARK SECURITY PRODUCTS SCRIPPS NATIONAL SPELLING BEE SOUTHWEST SCHOOL 81 OFFICE PNC LLC MART NORTHCOUNTYEDUCAWONAL OFFICE DEPOT BEAR COMMUNICATIONS, INC. HENRYAPONTE AMAZONCOM, INC. COOLESCHOOL CQW GOVERNMENT LLC 10/3/2018 0000000324 CODE TO THE FUTURE CUSTODIAL SUEPLIES CONTRACTED SERVICES OFFICE SUPPLIES CONTRACTED SERVICES SUPPLIES CONTRACTED SERVICES SUPPLJES OFFICE SUPPLIES SU INSTRUCTIONAL SUPPLIES CONTRACTED SERVICES INSTRUCTIONAL SUPPLIES SETTLEMENT AGREEMENT INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES OFFICE SUPPLSES FEE CONTRACTED SERVICES REGISTRATION FEE SUPPLIES SUPPLIES REGISTRATION FEE INSTRUCTIONAL SUPPLIES REGISTRATION FEE REGISTRATION FEE INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES AC SUPPLIES DUES 8: MEMBERSHIP OFFICE SUPPLIES OFFICE SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES SUPPLIES PROF. SCIENCE Page 1 of 3 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0000000 0000000 0000000 6500000 0000000 8150000 0000000 0000000 0000000 0000000 0000000 6500000 6500000 0000000 0000000 0000000 0000000 0000000 0000001 0000000 0000000 4035000 0000000 0000000 0000000 0000000 0000000 0000000 8150000 0000000 0000000 0000000 6230000 6500000 0000000 0000000 0000000 0000000 0000000 0000000 0000000 4035000 4300020 022 5800010 071 4300011 061 5800010 054 4300012 022 5600005 070 4300011 020 4300011 016 4300001 020 4300001 020 4300001 020 4300001 054 4300001 054 5800010 067 4300001 024 5800002 064 4300001 012 4300011 061 4300001 061 4300001 025 4300011 012 5200003 061 5800010 061 4300001 022 4300001 024 4300011 024 5200003 061 4300011 022 5200003 070 4300001 016 4300001 020 4300001 022 7438000 069 4300001 054 5300000 071 4300001 024 4300002 016 4300012 022 4300001 020 4300001 012 4400000 025 5800010 061 33028 2,700.00 53336 280000 103.17 200434 321.10 251104 114.43 49121 38736 7541 156.18 1125000 277564 107,322.72 177.79 1,624.95 2007386 1,898.89 270.85 60000 2,500.00 16750 51704 2269 455.00 36195 275.00 167.50 63250 48488 248,831.72 36866 40000 40487 2,224.06 236942 5870 84750 509.67 6100000 0000004101 0000004102 0000004103 0000004104 0000004105 0000004105 0000004107 0000004108 0000004109 0000004110 0000004111 0000004112 0000004113 0000004114 0000004115 0000004116 0000004117 0000004118 0000004119 0000004120 0000004121 0000004122 0000004125 0000004125 0000004127 0000004123 0000004130 0000004131 0000004132 0000004133 0000004134 0000004135 0000004135 0000004137 0000004133 0000004139 0000004140 00??004141 0050004142 000000??43 0063002144 0004004145 Pb? 10/3/2018 003311 10/4/2018 0000000354 10/4/2018 003589 10/4/2018 000409 10/4/2018 002037 10/4/2018 003311 10/4/2018 003311 10/4/2018 000258 10/4/2018 003311 10/4/2018 0000000303 10/4/2018 0000000515 10/4/2018 004678 10/4/2018 000336 10/4/2018 001012 10/4/2018 004678 10/4/2018 000809 10/8/2018 001178 10/8/2018 003192 10/9/2018 000136 10/9/2018 001102 10/11/2018 000983 10/15/2018 004678 10/15/2018 000691 10/15/2018 003377 10/15/2018 003888 10/15/2018 000809 10/15/2018 002032 10/15/2018 0000000171 10/15/2018 004628 10/15/2018 0000000429 10/15/2018 0000000116 10/16/2018 001532 10/16/2018 0000000520 10/17/2018 003589 10/17/2018 004045 10/17/2018 0000000505 10/17/2018 0000000245 10/17/2018 004732 10/3/2018 0000000138 10/3/2018 0000000468 10/3/2018 0000000485 10/3/2018 0000000106 HOWE PLUMBING, INC NATIONAL ASSOCIATION FOR THE SACRAMENTO COUNTY OFFICE OF EDUCATION SOCOE - NORTH INLAND SELPA SANIMEGCICOUNTYSUPENNTENDEN HENRYAPGNTE SANDEGOLNHONTREUNE SAN DIEGO COUNTY SUPERINTENDEN SAN DIEGO COU NTY SUPERINTENOEN PARADIGM HEALTHCARE SERVICES MCGRAW-HILL CDW GOVERNMENT LLC AMAZON.COM, INC. OFHCEDEPOT SANDEGOCOUNTY MART WAXIE SANITARY SUPPLY TRADING COMPANY, INC. CASBO AMAZON.COM, SOUTHWEST SCHOOL OFFICE STANLEYCONVERGENTSECURHY OFHCEDEPOT ASEEHNESCHOOL VEXROBONCSINC EPKISPORTSINC VERITIV OPERATING COMPANY ADAPTIVE SPECIALTIES, LLC HENRYAPONTE EDU POINT EDUCATIONAL SYSTEMS ACCO BRANDS USA LLC LEAL TREJO APC CONTRACTED SERVICES REGISTRATION FEE REGISTRATION FEE REGISTRATION FEE REGISTRATION FEES OFFTCE SUPPLIES INSTRUCTIONAL SUPPLIES ADVERTISEMENT INSTRUCTIONAL SUPPLIES REGISTRATION FEE REGISTRATION FEE CONTRACTED SERVICES REGISTRATION FEE DIFFERENTIATED LITERACY SOLUTIONS REGISTRATJON FEE CONTRACTED SERVTCES TECHNICAL SUPPLIES SUPPLIES OFFICE SUPPLIES REGISTRATION FEES INSTRUCTIONAL SUPPLIES CUSTODTAL SUPPLIES INSTRUCTIONAL SUPPLIES REGISTRATION FEE INSTRUCTIONAL SUPPLIES PROF. SERVICES SCHOOL INSTRUCTIONAL SUPPLIES CONTRACTED SERVICES INSTRUCTIONAL SUPPLIES PROF. SERV -NONPU8LIC SCHOOL CONTRACTED SERVICES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES PUBLICATIONS SUPPLIES INSTRUCTIONAL SUPPLIES CONTRACTED SERVICES CONTRACTED SERVTCES OFFICE SUPPLIES OFFICE SUPPLIES LEGAL FEES Page 2 of 3 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 8150000 5630000 4035000 6500000 0000000 0000000 0000000 0000000 0000000 6500000 3327000 5640000 0000000 0000001 3327000 0000000 0000000 0000000 0000000 0000000 0000000 3327000 0000000 0300020 0000000 0000000 6500000 0000000 8150000 0000000 6500000 6500000 0300020 0000001 0000001 0000000 6500000 0000000 4035000 0000000 6500000 0000000 5600005 5200003 5200003 5200003 5200003 4400000 4300012 5800003 4300001 5200003 5200003 5800010 5200003 5800010 5200003 4300001 4100000 4300002 4300001 4300001 5200003 4300001 4300020 4300001 5200003 4300001 5800010 4300001 5600007 4300001 5800010 5800010 4300001 4300013 4300013 4300050 4400000 4300012 5200003 4400000 4300001 5800002 070 061 061 054 061 071 022 061 016 054 054 052 050 061 054 016 061 067 024 016 050 054 018 020 071 020 054 025 070 020 054 054 020 061 061 073 054 022 061 024 054 063 1,289.36 525.00 600.00 85.00 500.00 830.78 928.81 895.00 4,169.31 400.00 315.00 331.44 250.00 40,208.75 45.00 205.13 4,905.53 415.54 166.69 322.17 250.00 104.73 3,816.86 116.03 280.00 680.32 69,564.00 1,956.05 3,628.00 723.12 146,316.60 10,000.00 435.76 9,955.80 3,898.95 586.62 696.02 6,000.00 1,767.46 1,733.04 53.85 13,383.75 0000004146 0000004147 0000004148 0000004149 0000004150 0000004151 0000004152 0000004153 0000004154 0000004155 0000004156 0000004157 0000004158 0000004159 0000004160 0000004161 0000004162 0000004163 0000004165 0000004166 0000004167 0000004168 0000004169 0000004170 0000004171 0000004057 0000004078 0000004129 0000004067 0000004164 17.10 938:1 ram ?Supplier 10/17/2018 0000000116 10/17/2018 001161 10/17/2018 001643 10/17/2018 0000000091 10/17/2018 000437 10/17/2018 004678 10/17/2018 000809 10/17/2018 002776 10/17/2018 002187 10/17/2018 000124 10/17/2018 003192 10/17/2018 004601 10/17/2018 004678 10/17/2018 000809 10/22/2018 000809 10/22/2018 0000000463 10/22/2018 002133 10/22/2018 001822 10/22/2018 004678 10/22/2018 001532 10/22/2018 003113 10/22/2018 003888 10/22/2018 000535 10/22/2018 000809 10/23/2018 0000000118 9/25/2018 000136 9/27/2018 000136 10/15/2018 004056 53/25/2018 001278 10/22/2018 000409 EPIC INC HOME DEPOT ATKINSON, ANDELSON, LOYA, RUUD AVID CENTER CURRICULUM ASSOC. INC. AMAZON.COM, INC. OFFICE DEPOT CPI APPLE INC HADLEY KING MART SIR SPEEDY PRINTING 02890 AMAZONCOM, INC. OFFICE DEPOT OFFICE DEPOT WESTERN VESUALS SUPPLY MASTER INC BARNES AND NOBLE AMAZONCOM, INC. VERITEV OPERATJNG COMPANY PHONAK HEARING SYSTEMS SYANLEY CONVERGENT SECURITY SCHOOL SPECIALTY OFFJCE DEPOT AMERESCO, INC. WAXEE SANITARY SUPPLY WAXEE SANITARY SUPPLY FLOORCARE JOHNSON CONTROLS SAN DIEGO INSTRUCTEONAL SUPPLIES CUSTODIAL SUPPLEES LEGAL FEES REGISTRATION FEES INSTRUCTEONAL SUPPLIES INSTRUCTEONAL SUPPLIES OFFICE SUPPLIES DUES MEMBERSHIPS OFFECE SUPPLIES CONTRACTED SERVICE 5 OFFICE SUPPLIES OFFICE SUPPLIES INSTRUCTIONAL SUPPLIES OFFICE SUPPLIES MEDICAL SUPPLIES TECHNOLOGY SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PUBLICATION SUPPLSES ENSTRUCTIONAL SUPPLEES CONTRACTED SERVECES ENSTRUCTIONAL SUPPLEES ENSTRUCTIONAL SUPPLIES PROFESSIONAL 39 CUSTODEAL SUPPLIES CUSTODEAL SUPPLIES CONTRACTED SERVICES CONTRACTED SERVICES CONTRACTED SERVICES Page 3 of 3 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 1200 1200 1200 1300 1300 0000001 0000000 0000000 0000001 3010000 6500000 6500000 3327000 6500000 0000000 0000000 6500000 6500000 0000000 0000000 0000000 0000000 3010000 6500000 . 0000000 6500000 8150000 0000000 0000000 6230000 6105000 6105000 6105000 5310000 5310000 4300013 061 4300020 012 5800002 063 5200003 061 4300001 018 4300001 054 4300011 054 5300000 054 4300001 054 5800001 071 4300015 061 4300011 054 4300001 054 4300011 061 4300010 012 4300002 067 4300001 016 4300001 018 4300011 054 4300050 073 4300001 054 5600005 070 4300001 025 4300001 016 6200001 069 TotalforOlOO 4300020 076 4300020 076 4300020 076 Totai for 1200 5600005 085 5800003 085 Total for 1300 Grand Totai 1,187.34 3,000.00 13,657.88 12,720.00 4,911.27 115.57 502.94 150.00 409.45 1,825.00 500.00 96.98 79.72 782.01 219.90 8,685.79 469.79 1,694.73 419.08 1,146.84 100.00 295.00 894.92 625.24 389,732.65 1,262,418.81 1,211.86 367.56 1,008.99 2,588.41 300.00 424.60 724.60 1,265,731.82 SAN SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 at? if VIA: Gina A. Potter, FROM: INITIAL: at? Superintendent Business Services 1:1 Informational Marilyn Adrianzen, Chief Business Of?cial 121 Action AGENDA ITEM: EXPENDITURE REPORT BACKGROUND INFORMATION: The District is required to pay for goods and services it uses to conduct the educational and support programs. Prior to payment, supporting documents such as contracts with the appropriate approvals and proof of receipt for the goods or services are collected. Invoices to be paid are submitted to the Business Services Department for payment processing. Warrants are printed at San Diego County Of?ce of Education then returned to the Business Services Department for signature. The following are expenditures incurred by the District during the period of September 28, 2018 through October 22, 2018 with checks #14-457482 through #14?4671 18 for a total expenditure of $1,529,760.51 from the following sources: . General Fund $1,314,159.19 Capital Facilities - $215,601.32 RECOMMENDATION: Approve/Ratify the expenditures incurred by the District during the period of September 28, 2018 through October 22, 2018 for a total expenditure of $1,529,760.51. LCAP GOAL AND (please indicate): Goal No.: Base Services and Safety 2.1 Maintain basic operating services of the district including MOT personnel, transportation, contracted services, and utilities. Renewal New Amendment Ratify Other Business Services Reviewed: 8 Financial Implications? Are funds for this item available in the 2018-2019 Budget? Requisition Yes No Yes No $1,529,7 60.51 Various (see above) -- (Amount) (Name of funding source and/or location) (Funding account number) Certification Requested Yes No Superintendent?s Of?ce Certi?cation: Recommended for: Approval Denial Gina/A. Potter, Superintendent Secretar to the Board 1413.2 Page 1 of5 14457482 14457483 14457976 14457977 14457978 14457979 14457980 14457981 14457982 14457983 14457984 14457985 14457986 14457987 14457988 14458438 14458439 14458440 14459134 14459735 14459736 14459737 14459738 14459739 14459740 14459741 14459742 14459743 14459744 14459745 14459746 14459747 H34459748 944459749 8:54459750 b44459751 c444??752 Lil b3 WESTCOAST SECURITY 81 INVESTIGATIVE SYLVIA LUGO VECTOR USA ARDOR HEALTH SOLUTEONS WILDLIFE RESTORATION, INC. SACRAMENTO COUNTY OFFICE OF DANIELLE CLARK AND HER COUNSEL OFFICE DEPOT KONE SCREPPS NATEONAL SPELLING BEE YMCA OF SAN DIEGO COUNTY SOUTHWEST SCHOOL 84 OFFICE MICHAEL BAKER INTERNATTONAL BEST BEST LLP ABA EDUCATION FOUNDATION MAXTM HEALTHCARE SERVECES, INC 1ILL WECKERLY, PHD. HOME DEPOT SCRIPPS NATEONAL SPELLING BEE BMR HEALTH SERVECES, INC MRC SMART TECHNOLOGY SOLUTIONS CROWN AWARDS QUILL CORP. SAN DEEGO GAS 8: ELECTRIC WAXIE SANITARY SUPPLY SOUTH BAY FENCE, INC. HOME DEPOT GOPHER SPORT REPUBLIC SERVTCES RCP BLOCK 8c BRICK ELECTRONIC SUPPLY CO. LEARNENG PLEETWASH INC THE HOME DEPOT SUPPLY TEAMTALK NETWORK RUSSELL SIGLER, INC MCGREGOR AND ASSOCIATED 9/28/2018 9/28/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/1/2018 10/2/2018 10/2/2018 10/2/2018 10/3/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 10/4/2018 Page 1 of 4 Expenditure Report 09/28/18-10/22/2018 2,700.00 18.30 12,925.33 29,532.84 575.00 600.00 107,322.72 992.76 11,625.37 167.50 108,891.85 1,574.39 3,600.00 28,355.50 6,412.50 10,275.29 2,800.00 301.70 167.50 12,400.00 10,584.18 1,283.53 67.86 86,483.83 4,520.65 2,550.00 2,895.98 15,131.90 12,396.89 886.36 536.82 34,542.72 183.33 1,920.03 397.80 607.43 455.60 CONTRACTED REIMBURSEMENT CONTRACTED CONTRACTED SERVICES CONTRACTED SERVICES REGESTRATION FEE SETTLEMENT AGREEMENT INSTRUCTIONAL SUPPLIES MAENTENANCE AGREEMENT FEE PROFESSIONAL SERVICES-ASES INSTRUCTIONAL SUPPLIES CONTRACTED SERVICES LEGAL FEES PROFESSIONAL SERVICES PROFESSIONAL SERVICES CONTRACTED SERVICES GROUNDS SUPPLIES REGISTRATION FEE CONTRACTED SERVICES MAINTENANCE AGREEMENT OFFECE SUPPLEES OFFECE SUPPLEES CUSTODEAL SUPPLIES CONTRACTED SERVICES I MAINTENANCE SUPPLIES INSTRUCTIONAL SUPPLIES GROUNDS SUPPLIES MAENTENANCE SUPPLIES LICENSES RENEWAL CONTRACTED SERVICES MAENTENANCE SUPPLIES CONTRACTED SERVICES MAENTENANCE PROFESSIONAL SERVICES 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 $5 1 14459753 14460343 14460344 14460345 14460346 14460347 14460348 14461406 14461407 14461409 14461410 14461411 14461412 14462080 14462829 14462830 14462831 14462832 14462833 14462834 14462835 14462836 14464716 14464717 14464718 14464719 14464720 14464721 14464722 14464723 14464724 14464725 0e4464726 014464727 5?14464728 044 729 C44 730 0 (RN FLYERS ENERGY CODE TO THE FUTURE SACRAMENTO COUNTY OFFICE OF EDUCATION WAXTE SANITARY SUPPLY OFEICE DEPOT BENCHMARK EDUCATION COMPANY STAFF REHAB WINET PATRICK GAYER CREIGHTON OSCAR MADERA SAN DIEGO GAS 8: ELECTRIC WAXTE SANITARY SUPPLY DOCUMENT TRACKING SERVICES, ADRIANA AGUILAR BTJAN CRISTINA JESSICA DAVIS SHARON AGUILERA ALANA PARADIGM HEALTHCARE SERVICES CASBO NORTH COUNTY EDUCATIONAL PRO ED CORODATA RECORDS MANAGEMENT, INC. BMR HEALTH SERVICES, INC CAROLYN KARINEN BILL HOWE PLUMBING, INC MAXIM HEALTHCARE SERVICES, INC GEARY PACIFIC SUPPLY ALLIED TIME USA, INC. DIXIELINE LUMBER CO CITY TREASURER MCGRAW-HILL GRAINGER DUNN-EDWARDS CORP. SAN DTEGO UNION-TRIBUNE CURRICULUM ASSOC. INC. DION INTERNATIONAL TRUCK INC. 10/4/2018 10/5/2018 10/5/2018 10/5/2018 10/5/2018 10/5/2018 10/5/2018 10/9/2018 10/9/2018 10/9/2018 10/9/2018 10/9/2018 10/9/2018 10/10/2018 10/11/2018 10/11/2018 10/11/2018 10/11/2018 10/11/2018 10/11/2018 10/11/2018 10/11/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 Page 2 of 4 Expenditure Report 09/ 28/ 18-10/22/ 2018 7,209.08 67,000.00 600.00 10,232.58 10,563.93 359,793.41 2,667.50 5,300.10 172.38 21,262.66 838.79 2,500.00 46.80 631.48 8.45 59.53 63.13 60.70 331.44 150.00 400.00 862.40 135.54 11,160.00 11,742.00 1,289.36 31,287.01 300.00 446.09 509.08 26,890.42 4,376.24 2,981.50 546.74 895.00 5,324.17 2,567.23 CONTRACTEDSERVKES PROFESSIONAL SCIENCE REGISTRATION FEE CUSTODIAL SUPPLIES OFFICE SUPPLTES INSTRUCTJONAL SUPPLIES PROFESSIONAL SERVICES LEGAL FEES REIMBURSEMENT CUSTODIAL SUPPLIES CONTRACTED SERVICES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT CONTRACTED SERVICES REGISTRATION FEE DUES MEMBERSHIP INSTRUCTIONAL SUPPLIES CONTRACTED SERVICES PROFESSIONAL SERVICES-SLP PROFESSIONAL CONTRACTED SERVICES PROFESSIONAL SERVICES REGISTRATION FEES OFFICE SUPPLIES MAINTENANCE SUPPLIES UTILITIES INSTRUCTIONAL SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES ADVERTISEMENT CONTRACTED SERVICES 14464731 14464732 14464733 14464735 14464736 14464737 ?14464738 14464739 14464740 14464741 14464742 14464743 14464744 14464745 14464746 14464747 14464748 14464749 14464750 14466109 14466110 14466111 14466112 14466113 14466114 14466115 14466116 14466117 14466118 14466119 14466648 14466649 H54466650 944466651 Egh4466652 4466653 43 4h? 964E 092 .3 .. i SPRINT REFRIGERATION SUPPLIES OFEICE DEPOT BUS WEST CALIFORNLA DEPT. OF JUSTICE EWING IRRIGATION COOLE SCHOOL BENCHMARK EDUCATION COMPANY CALIFORNIA ELECTRIC SUPPLY YMCA OF SAN DIEGO COUNTY SMART FINAL SAN DIEGO COUNTY SUPERINTENDEN BEST BUY SOUTHWEST SCHOOL 84 OFFICE PRO POWER NIMCO, INC SCHOOL MATE ABA EDUCATION FOUNDATION XEROX CORPORATION RAPTOR TECHNOLOGIES, LLC EBS EDUATIONAL BASED SERVICES JENNY PONZURIC WAXIE SANITARY SUPPLY LAKESHORE DION INTERNATIONAL TRUCK INC. HOME DEPOT RANCHO SAN DIEGO NURSERY ASELTINE SCHOOI. HENRY APONTE SUPER DUPER PUBLICATION MARY TUCKER JESSICA KERBOW ALEXIS TAPIA EERAIN IVAN MANRLQUEZ RUSSELL LITTLE OFFICE DEPOT VECTOR USA 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/18/2018 10/19/2018 10/19/2018 10/19/2018 10/19/2018 10/19/2018 10/19/2018 10/22/2018 Page 3 0f 4 Expenditure Report 09/28/18-10/22/2018 4,125.81 1,493.15 521.89 192.65 686.00 1,243.17 1,162.50 765.38 242.44 75,050.06 219.32 315.00 270.51 275.55 95.72 1,628.06 1,500.00 4,258.75 9,466.40 13,800.00 28,143.00 45.00 2,896.14 975.71 3,925.35 957.02 775.44 13,155.66 1,150.00 179.96 31.50 33.84 64.86 74.01 106.40 1,763.00 11,080.33 CONTRACTED SERVICES MAINTENANCE SUPPLIES OFFICE MECHANIC SUPPLLES CONTRACTED SERVICES GROUNDS SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES MAINTENANCE SUPPLIES PROFESSIONAL SERVICES-ASES REFRESHMENTS FEE OFFICE SUPPLSES OFFICE SUPPLIES GROUNDS SUPPLIES INSTRUCTIONAL SUPPLIES INSTRUCTIONAL SUPPLIES PROFESSIONAL SERVICES CONTRACTED SERVICES CONTRACTED SERVICES PROFESSIONAL REGISTRATION FEE CUSTODIAL SUPPLIES SUPPLIES CONTRACTED SERVICES OFFICE SUPPLIES GROUNDS SUPPLIES PROF. SERV -NONPUBLIC SCHOOL CONTRACTED SERVICES INSTRUCTIONAL SUPPLIES MILEAGE MILEAGE MILEAGE MILEAGE INSTRUCTIONAL SUPPLIES CONTRACTED SERVICES 0100' 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 0100 011-. 14467093 14467094 14467096 14467097 14467098 14467099 14467100 14467101 14467102 14467103 14467104 14467105 14467106 14467107 14467108 14467109 14467110 14467111 14467112 14467113 14467114 14467115 14467116 14467117 14467118 Totalomo 91? 14461408 14464734 14465491 14467095 143 0 Page 5 0f 5 2 XEROX FENANCIAL SERVICES PROJECT LEAD THE WAY INC NATIONAL FOR THE RUSSELL LITTLE LUMBER CO SAN DEEGO GAS 81 ELECTRIC HEALTHCARE SERVICES SOUTH BAY FENCE, ENC. OFFECE DEPOT CDW GOVERNMENT LLC PENSKE TRUCK LEASENG HOME DEPOT RANCHO AUTO 8L TRUCK PARTS IMPEREAL SPRINKLER SUPPLY ROCHESTER 100 NC. FEDEX THE HOME DEPOT SUPPLY VALLEY INDUSTRIAL SPECIALTIES EDUPOINT EDUCATEONAL SYSTEMS RUSSELL SIGLER, ENC DASH MEDECAL GLOVE ENC. SCHOOLSEN THE MARKETBOARD PEOPLE FUN AND LLC DESIGN STU-010, CDW GOVERNMENT LLC L.L. HENDRIX SILVER CREEKINDUSTREES WC- .7 v.10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/22/2018 10/0/2018 10/16/2018 10/17/2018 Page 4 of 4 .. .. . 10/22/2018 Grand Total Expenditure Report 09/ 28/ 18?10/ 22/2018 9,274.25 2,866.15 525.00 139.05 343.89 338.27 500.00 110.62 411.08 2,830.10 509.67 268.44 132.20 66.08 70.24 831.00 29.53 59.52 1,082.14 1,767.46 601.35 151.60 449.83 165.00 78.94 15,456.60 2,386.18 11,392.00 186,366.54 1,529,760.51 CONTRACTED SERVICES INSTRUCTIONAL SUPPLIES FEE REIMBURSEMENT MAINTENANCE SUPPLIES PROFESSIONAL SERVICES MAJNTENANCE SUPPLIES SUPPLIES SUPPLIES OFFICE SUPPUES LEASE RENTAL SUPPLIES MAINTENANCE SUPPLIES GROUNDS SUPPLIES SUPPLEES POSTAGE MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES CONTRACTED SERVICES MAINTENANCE SUPPLIES MEDICAL SUPPLIES SUPPLEES SUPPLEES SUPPLEES PROFESSIONAL PROJECT OFFICE SUPPLIES CONTRACTED SERVICES-FACILETIES PROJECT CONTRACTED PROJECT SAN SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIA Superintendent Special Education Informatio 31 Oscar Madera, Director Action AGENDA ITEM: AGREEMENT WITH DR. JILL WECKERLY FOR SCHOOL YEAR 2018?2019 BACKGROUND INFORMATION: Federal law section 34 CPR. 300.503 de?nes an independent Educational Evaluation (IEE) as ?an evaluation conducted by a quali?ed examiner who is not employed by the public agency responsible for the eduCation of the child in question". Dr. Jill Weekerly, is an approved independent educational evaluator, will provide an independent evaluation to a student with special needs. Services to be provided include: Evaluations 0 Observations and interviews 0 Report writing - IEP attendance 0 Testing feedback RECOMMENDATION: Approve the agreement with Dr. Jill Weckerly, an independent educational evaluator, to provide an independent evaluation for a student with special needs at a cost up to $2,800.00 from the Special Education fund. LCAP GOAL AND Goal 1, item Continue to provide site and/or district based academic intervention programs to serve the districts subgroups English Learners, Low Income, Students with etc.) and educationaily disadvantaged students in program improvement schools. Personnel instructional aides) may be hired to support interventions for all student subgroups and educationally disadvantaged students at all school sites. Renewal New Amendment Ratify Other Business Services Reviewed: Financial lmpiications? Are funds for this item available in the 2018?2019 Budget? Requisition Yes No Yes [3 No $2,800.00 I Special Education I (Amount) (Name of funding source and/er location) (Funding account number) Recommended for: I Approval Dental Certi?cation Requested Yes No Superintendent?s Office Certi?cation Alma) 01 1d 14B. 3 GinatA. Potter, Ed. D., Superintendent Secretary to the Board Page 1 0f 11 SAN SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into this 9th day of November, 2018 by and between the San Ysidro Schooi District, hereinafter called the ?District?, and Dr. Jill Weckerly (619) 347?4496 Company/Consuitant Teiephone Nurnber 3252 Holiday Court, Suite 109, La Jolla, CA 92037 jill@jweckerly.com Address Website hereinafter referred to as "Consultant." 1 1.1 SCOPE AND TERMS SCOPE OF SERVICES Scope of Services. in compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the Consuitant Services Documentation (?attached documents") attached hereto as Exhibit and incorporated herein by this reference, which services may be referred to herein as the "services? or "work" hereunder. As a material inducement to the District entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the work and services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materiais shall be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. Compliance with Law. All services rendered hereunder shall be provided in accordance with any and all applicable ordinances, resolutions, statutes, rules, and regulations of the District, City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included by this reference, and this Agreement shall be read and enforced as though they were included. Licenses, Permits, Fees and Assessments. Consniiant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by iaw for the performance of the services required by this Agreement. Consuitant shall have the soie obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shail indemnify, defend and hold harmless District against any such fees, assessments, taxes penaities or interest levied, assessed or imposed against District hereunder. 7.2 TERM Term: From: November 9, 2018 To: June 30, 2019 The Term of this Agreement as noted, unless eartier terminated as provided herein. The Parties may mutually agree to extend this term only by written amendment. Shouid the Parties agree to extend the term of this Agreement; the Agreement can only be extended on a year-to-year basis with written approvai unless otherwise indicated in writing and in accordance with the law. 14B.3 Page 2 of 11 2 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 FEES AND PAYMENTS 2.?l FEES District shall pay Consultant for the specified services as reflected on Exhibit A during this contract term. 2.2 PAYMENTS 4.1 Consultant shall submit to District an itemized invoice which indicates work completed by Consultant. District shall review each invoice and/or receipts submitted to determine that the work performed and expenses incurred are in compliance with the provisions of this Agreement. District shall pay Consultant within a reasonable time and in accordance with this Agreement. ADDITIONAL SERVICES. District shall have the right at any time during the performance of the services, without invaiidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work as described herein. No such extra work may be undertaken unless a written order is first given by the District Contract Officer to the Consultant, incorporating therein any adjustment in the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval or ratification of the Contract Officer. However, any increase in compensation beyond the Contract Sum, for services beyond what is contempiated in the Contract, must be approved or ratified by the Board of Education in a signed writing prior to any payment. Additionally, any other increases, extensions or renewals must be approved in writing by the Board of Education. It is expressly understood by Consultant that the provisions oi this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additionai compensation therefore unless specifically authorized pursuant to the terms of this section. RESPONSIBLIITIES OF CONSULTANT ORGANIZATION Consultant shalt assign Company Contract as Project Manager. The Project manager shalt not be removed from the Project or reassigned without the prior written consent of District, which consent shall not be unreasonably withheld. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant?s staff assigned to perform the services required under this Agreement. 4.2 COORDINATEON OF Consultant agrees to work closely with the District staff in the performance of Services and shall be avaiiable to the District staff, consultants and other staff at all reasonable times. 4.3 STANDARD OF CARE: Consultant shall perform all Services underthis Agreement in a skillfui, competent and timely manner, consistent with the standards generally recognized as being empioyed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skitied in the professional calling necessary to perform the Services. Consuitant warrants that all of Consultant?s employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such iicenses and approvals shall be maintained throughout the term of this Agreement. Any of Consultant?s employees who are determined by District to be uncooperative, incompetent, a threat to the adequate or timely compietion ot the Project, a threat to the safety of persons or property, or any of Consultant's employees who fail or refuse to perform the Services in a manner acceptable to District, shall be removed from the Project by the Consultant and shalt not'be re? empioyed to perform any of the Services or to work on the Project. 4.4 INDEPENDENT CONSULTANT ADDITIONAL PERSONNEL Consultant is retained as an independent consuitant and is not an agent or employee of the District. No employee or agent of Consultant shall by this Agreement become an agent or employee of the District; The work to be performed shall be in accordance with the work described herein, subject to such directi nd amendments from District as herein provided. Consultant shall have no authority, express or implied, pi 8 to this Agreement to bind District to any obligation whatsoever, except as specifically provi?ecg' it' 2 District. Any additional personnel performing the Services under this Agreement on behalf 0 gin n?gh {ll SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Ftoad, San Ysidro, CA 92173 at all times be under Consultant?s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by iaw. 4.5 LAWS AND REGULATIONS Consultant shalt keep itself fully informed of and in compiiance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Service. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 4.6 OF ACCOUNTING RECORDS Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the District during normal business hours with reasonabie notice to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of finai payment under this Agreement. 4.7 INSURANCE Consultant shall comply with the following insurance provisions, unless one or more paragraphs are specifically waived by the District in writing. Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to District that it has secured ail insurance required under this Section. In addition, Consultant shall not allow any subconsultant or empioyee to commence work until it has provided evidence satisfactory to the District. (2) Minimum Requirements and Limits. Consultant shall, at its expense, procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultant, its agents, representatives, and employees. Such insurance shall survive after this agreement as permitted by iaw. SCOPE OF INSURANCE - Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 Oi covering CGL on an ?occurrence? basis, including products and completed operations, property damage, bodily injury and personal advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit appiies, either the generai aggregate limit shail apply separately to this project/location or the general aggregate iimit shall be $2,000,000 the required occurrence limit. 2. Automobile Liability: 180 Form Number CA 00 01 covering any auto (Code or if Consultant has no owned autos, hired, (Code 8) and non?owned autos (Code 9), with iimit no iess than $1,000,000 per accident for bodily injury and property damage. 3. Workers? Compensation (Employer?s insurance if applicable): as required by the State of California, with Statutory Limits, and Employer?s Liability Insurance with limit of no less than $1,000,000 per accident for bodiiy injury or disease. Coverage shall include waiver of subrogation endorsement in favor of San Ysidro School District. 4. Professional Liability (Errors andOmissions): Insurance appropriates to the Consultant?s profession, with iimlt no iess than $t 000,000 per occurrence or ciaim, $2,000,000 aggregate. (If applicable see footnote next page) if the Consultant maintains higher iimits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Additional insured Status - Endorsement The San Ysidro School District, its officers, officials, empioyees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such werk or operationEABj General liability coverage can be provided in the form of an Additional Insured Endorsement 4 0f 1 Consultant?s insurance (at least as broad as Form CG 20 10 11 85 or both CG 20 i0 and 9 forms i} SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 later revisions used). if Blanket Endorsement, please Primary Coverage For any claims related to this contract, the Consultant?s insurance coverage shail be primary insurance as respects the District, its officers, officials, employees, and voiunteers. Any insurance or self?insurance maintained by the District, its officers, officials, emptoyees, or volunteers shat! be excess of the Consultant?s insurance and snail not contribute with it. Notice of Cancellation The Provider shall file, with the District, Certificates of Insurance indicating a thirty-day (30) cancellation notice. if not stated on the Certificates of Insurance, it is understood that a 30-day canceiiation notice will be provided and failure to mail such notice shall impose obligation and liability upon the company/insured, its agents or representative. Waiver of Subroqation Consultant hereby grants to the San Ysidro School District a waiver of any right to subrogation which any insurer of said Consultant may acquire against the District by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-insured Retentions Any deductibles or self~insured retentions must be deciared to and approved by the District. The District may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptabilitv of Insurers insurance is to be placed with insurers with a current Best?s rating of no less than A?lel, unless otherwise acceptabie to the District. Claims Made Policies (note should be applicable only to professional liability, see beiow) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claimsunade policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase ?extended reporting? coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shalt furnish the District with originai certificates and amendatory endorsements or copies of the applicable poiicy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work/services commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consuitant?s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5 GENERAL PROVISIONS 5.1 DELAYS PERFORMANCE (1) Neither District nor Consultant shall be considered in defauit of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non~perforrning party. For purposes of this Agreement, such circumstances include but are not iimited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other disturbances; sabotage orjudicial restraint. 14B 3 (2) Shouid such circumstances occur, the non-performing party shall, within a reasonabyaigre gid?i?g SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92178 prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 5.2 OF SERVICES The District may, in its sole discretion, suspend all or any part of Services provided hereunder with cost to date of suspension. Consultant may not suspend its services without District?s express written consent. 5.3 OF AGREEMENT (1) Termination. District may, by written notice to Consuitant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated oniy for those services which have been adequately rendered to District to date of the notice of termination and Consultant shall be entitied to no further compensation. Consultant may not terminate this Agreement except for cause. (2) Consultant?s Termination for Cause. This Agreement may be terminated by the Consultant upon thirty (30) days written notice to the District oniy when the District has substantiallyfailed to perform its obiigations under this Agreement. The written notice shall inciude a detailed description of the District?s failure to perform, status of the work completed as of the date of termination together with a description and a cost estimate of the effort necessary to complete work in progress. In such event, the Consultant shall be compensated for services completed to the date of termination, together with compensation for such approved Additional Services performed after termination which are authorized by the District to conclude the work performed to the date of termination. Upon the District?s request and authorization, Consuitant shall perform any and all Additional Services necessary to wind up the work performed to the date of termination. (3) Effect of Termination. If this Agreement is terminated as provided in this Section, District may require Consultant to provide all finished or unfinished documents, date, programming source code, reports or any other items prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request. (4) Terminated Services. in the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such manner as it may determine appropriate, services simiiar or identical to those terminated. 5.4 OW NERSHIP OF MATERIALS AND All materiais and data, including but not limited to, data on electronic or magnetic media and any materials, documents and data required to be made or kept pursuant to federai, state or local laws, rules or regulations, prepared or collected by Consultant pursuant to this Agreement, shall be the sole property of the District, except that Consultant shall have the right to retain copies of all such documents and data for its records. District shall not be limited such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shaii be at District?s soie risk and provided that Consultantshaii be indemnified against any damages resulting from such use, including the reiease of this material to third parties for a use not intended by this Agreement. (2) All such materials and data shall he provided to the District, or such other agency or District as directed by District or required by law, rule or regulation, as they become due during the term of this Agreement as direct by District. (3) The District is a California public entity subject to all state and federal laws governing education, including but not limited to California Assembly Bill 1584 (AB 1584), the California Education Code, the Children?s Online Privacy and Protection Act (COPPA), the Famiiy Educational Rights and Privacy Act (FERPA), and Privacy regulations and any other privacy laws, policies and regulations that may apply such as American Recovery and Reinvestment Act of 2009 and the Health Information Technology and Economic Clinical Health Act of 2009 14B.3 Page 6 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 A81 584 requires, in part, that any agreement entered into, renewed or amended after January 1, 2015 between a local education agency (LEA) and a third-party service provider must include certain terms; and the LEA and the Service Provider desire to have this Agreement and the services provided compiy with A81584. This includes to ail forms of protected health information, including paper, oral, and electronic, etc. Furthermore, only the minimum health information necessary to conduct business is to be used or shared. . Pupil records obtained by the Consultant/Service Provider from LEA/District continue to be the property of and under the control of the District. The Consultant will obtain information regarding disciplinary and/or behaviorai events for the purpose of aliowing District personnei to improve and provide services to pupiis. The Consultant wili not be obtaining pupil?generated content. a in the event of an unauthorized disciosure of a pupil?s records, the Consultant shall report to an affected parent, legal guardian, or eligible pupil pursuant to the following procedure; written communication to the District?s Superintendent, Deputy Superintendent and/or designee. - The Consultant shall not use any information in a pupil record for any purpose other than those required or specifically permitted by this Professional Services Agreement. . Consultant certifies that a pupil?s records shaii not be retained or available to the Consultant upon completion of the terms of this Professional Services Agreement. 0 District agrees to work with Consultant to ensure compliance with FERPA. . Consultant shail not use personaiiy identifiable information in pupil records to engage in targeted advertising. - Pupil records include any information directly related to a pupil that is maintained by the District or acquired the pupil through the use of instructionai software or appiications assigned to the pupii by a teacher or other District employees. Pupil records does not include/not mean de-identified information (information that cannot be used to identify an individual pupil) used by the third party to (1) improve educationai products for adaptive iearning purposes and for customized pupii learning; De~identified information, including aggregated de-identified information. (2) Demonstrate the effectiveness of the operator?s products in the marketing of those products; or for the development and improvement of educational sites, services, or applications. 5.5 SAFETY Consultant shaii execute and maintain its work so as to avoid injury or damage to any person or property. in carrying out its Services, the Consultant shall at ali times be in compliance with all applicable local, state and federai laws, rules and reguiations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 5.6 PROJECT STAFFING Consultant shall provide adequate staff and resources to facilitate all Consultant activity. Should Consultant fail to adequately staff a project, the District may, at its sole discretion, retain third party consulting services and back charge Consultant for all third~party fees. Indemnification: To the fullest extent permitted by law, Consultant shalt defend (with counsei of Districts choosing), indemnify and hold the District, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, tiability, toss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or misconduct of Consuitant, its officials, officers, employees, subContractors, consultants or agents in connection with the performance of the Consultant?s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney?s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the District, its officials, officers, employees, agents, or volunteers. Design Professionals: if Consultant?s obiigation to defend, indemnify, and/or hold harmiess arises out of Consultant?s performance as a ?design professional? (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant?s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adiudication by a court of competent jurisdiction, Consultant?s liability for such ciaim, including the cost to defend, shalt not Consultant?s proportionate percentage of fault. Page 7 of 11. SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 5.8 AMENDMENTS This Agreement may not be amended except in writing signed by both Parties. 5.9 SEVERABILITY If any section, subsection, sentence, clause or phrases of this Agreement, or the apptication thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to this Agreement. 5.10 GOVERNING LAW This Agreement shaii be governed by the laws of the State of California. Any action brought to enforce the terms of this Agreement shall be brought in a state or federal court located in the County of San Diego, State of California, but only after dispute resolution as provided herein. 5.11 CONFLICT OF ENTEREST For the term of this Agreement, no member, officer or employee of District, during the term of his or her service with District, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 5.12 SCHOOL SAFETY, FINGERPRINTING AND BACKGROUND INVESTIGATION REQUIREMENTS: Consultant agrees with the provisions of Education Code Section 45125.1 regarding the submission of fingerprints to the California Department of Justice. Consultant shall not be permitted to have any contact with District pupils until such time as Consultant has verified in writing to the District that they have complied with Educational Code Section 451251. (Please complete attached School Safety Certification Form.) Per Ed Code 49406 and Assembly Bill 1667, the District requires for Tuberculosis (TB) Clearances to be in place by anyone coming in contact with pupils. Please submit TB Clearance to the Business Services Office. This section may be waived if the District determines that the Consultant and/or its employees will have limited contact with District pupils or if Consultant and/or its employees will be supervised at ali times by District staff. District is waiving this requirement 5.13 FACILITIES: ALL DISTRICT FACILETIES ARE DRUG AND TOBACCO-FREE FACILITEES. ANY DRUG, ALCOHOL TOBACCO USE (SMOKED OR SMOKELESS) ES PROHIBITED AT ALL TIMES ON ALL AREAS OF THE DISTRICT FACELITIES. 5.14 NOTICES CONTACT ENFORMATION All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: personal service, email or by US. Mail, matted certified maii with return receipt requested, addressed to the foiiowing entities. CONSULTANT: Name: Dr. Jill Weckerly Title: Owner Address: 3252 Hotiday Court, Suite 109 City/State/Zip Code: La Jolla, CA 92037 Telephone: 619-347-4496 413.3 Email: iill@iweckerly.com ?0f11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92t73 DISTRICT: San Ysidro School Disttict Name: Marilyn Adrianzen Oscar C. Madera Title: Chief Business Officiai Director of Special Education Address: 4350 Otay Mesa Road 4350 Otay Mesa Road City/State/Zip code: San Ysidro, CA 92173 San Ysidro, CA 92173 Telephone: (619) 4284476 (619) 4284476 X3091 Email: Marilynadrianzen Oscarmad era 6 ENTIRE AGREEMENT This Agreement represents the entire understanding of District and Consuttant as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. To the extent that any provision or ctause contained in an attachment to this Agreement conflicts with a provision or clause in the Agreement, the provision or clause in this Agreement shall control. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement. 7 WARRANTY OF AUTHORITY: Each of the parties signing this Agreement warrants to the other that he or she has the full authority of the District on behalf of which his or her signature is made.// CONSULTANT Firm Name Signature of Authorized Agent Dr. Jill Weckeriy Print Name, Titie Tel: (619) 347-4496 Date: DISTRICT San Ysidro School District Firm Name Signature Marilyn Adrianzen, Chief Business Official Print Name, Title Date Board Approved: 14B.3 Page 9 ofll SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 SCHOOL SAFETY FORM CERTIFICATION PURSUANT TO EDUCATION CODE 45125.1 and Penai Code section 667.5(0) or a serious felony listed in Penai Code section 1192.7(0) Fingerprinting and Criminal Background Investigation Requirements The San Ysidro School District (District) has determined under Education Code Section 45125.1, subdivision that in performing services under this contract, Contractor/Consultant?s employees and/or Subconsuitantsl Subcontractors may have contact with pupiis. (Initial) As required under Education Code Section 45125.t, subdivision Consultant shaii require their employees, including the employees of any sub?consultant and/or subcontractor, who will provide services pursuant to this contract to submit their fingerprints in a manner authorized by the Department of Justice in order to conduct a criminal background check to determine whether such empioyees have been convicted of or have charges pending for a felony as defined under Education Code Section 45122.1. (Initial) Consuitant shail not permit any employee to perform services that may come in contact with pupils under this contract untii the Department of Justice has determined that the employee has not been convicted of a felony or has no criminai charges pending for a feiony as defined in Education Code Section 45122.1 and in Penal Code section 667.5(0) or a serious felony listed in Penai Code section (Initial) Consultant certifies that all of its employees who may come in contact with pupiis have not been convicted of or have no criminal charges pending for a feiony, as defined in Education Code Section 45122.1 and in Penal Code section 667.5(0) or a serious felony listed in Penal Code section (Initial) Consultant shail defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability estabiished for damages or injuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant's faiiure to comply with all of the requirements contained in Education Code Section 45125.1, including, but not limited to, the requirements prohibiting Consultant from using employees who may have contact with pupils who have been convicted or have charges pending for a felony in Education Code Section 45122.1. (Initial) Per Ed Code 49406 and Assembly Bill 1667, the District requires for Tuberculosis (TB) Ciearances to be in place by anyone coming in contact with pupils. (Initial) Consultant?s individuals/employees and/or Subconsuitants/Subcontractors who may come in contact with pupils in the performance of services in this contract agree to provide fingerprint and TB Ciearances (at their own expense) to be in compliance with the above~mentioned Ed Codes before commencement of any services under this contract. The District will provide LiveScan form if necessary. - i certifyto the District?s Governing Board that i have read and understand the above terms and conditions and will report any changes that may affect the performance services of this contract. - i certify to the District?s Governing Board that none of the Consuttant?s employees/individuals and/or SubconsuRants/subcontractors performing services under this agreement have been convicted of a feiony as defined in EdUcation Code Section 45122.1 and in Penal Code section 667.5(0) or a serious felony listed in Penal Code section . i certify to the District?s Governing Board that of the Consuitant?s and employees- individuais performing services under this agreement are clear of tubercuiosis (TB) as defined on Education Code Section 49406 and Assembly Bill 1667. Company Name: Name/title of authorized representative (Print) Signature Date 1413 3 Page 10 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 EXHIBIT A SCOPE OF Services include evaluations, observations and interviews, report writing, EEP attendance, and testing feedback. Cost implication: up to $2,800.00 14B.3 Page 11 0f 11 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIA Superintendent Special Education i:i Informational Oscar Madera, Director Action AGENDA ITEM: AGREEMENT WITH TERI INC. (ALSO KNOWN AS TERI CRIMSON CENTER) FOR SPEECH AND LANGUAGE PATHOLOGY BACKGROUND INFORMATION Federal law section 34 CPR. 300.503 de?nes an Independent Educational Evaluation (IEE) as ?an evaluation conducted by a quali?ed examiner who is not employed by the public agency responsible for the education of the child in question". Teri Inc., also known as Teri Crimson Center for Speech and Language Pathology, an approved independent educational evaluator, will provide an independent speech evaluation to a student with special needs. Services to be provided include: Evaluations - Observations and interviews 0 Report writing - IEP attendance I Testing feedback RECOMMENDATION: Approve the agreement with Teri Inc. (also known as Teri Crimson Center), to provide an independent speech evaluation for a student with special needs during school year 2018-19 at a cost up to $1,500.00 from the Special Education fund. LCAP GOAL AND Goa} 1, Item 1.21: Continue to provide site and/or district based academic intervention programs to serve the districts subgroups Engiish Learners, Low Income, Students with Disabilities, etc.) and educationally disadvantaged students in program improvement schools. Personnel g. instructional aides) may be hired to support in-ciass interventions for student subgroups and educationally disadvantaged students at all schoo} sites. Renewai New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018?2019 Budget? Requisition - Yes No Yes No $1 ,500.00 1 Special Education I I (Amount) (Name of funding source and/or location) (Funding account number) Certi?cation Requested Yes No Superintendent?s Of?ce Certi?cation Recommended for: 0 Gina, A Potter, Ed. ,Superintendent 1434 Secretary to the Board Page 1 0f 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into this 9th day of November, 2018 by and between the San Ysidro Schooi District, hereinafter called the ?District?, and TERI INC. (858) 695-9415 Company/Consultant Telephone Number 9606 Tierra Grande Street, San Diego, CA 92126 Address Website hereinafter referred to as "Consultant." 1 1.1 SCOPE AND TERMS SCOPE OF SERVICES Scope of Services. in compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the Consultant Services Documentation (?attached documents?) attached hereto as Exhibit and incorporated herein by this reference, which services may be referred to herein as the "services? or "work" hereunder. As a material inducement to the District entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the work and services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials shall be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. Compliance with Law. All services rendered hereunder shall be provided in accordance with any and alt applicable ordinances, resolutions, statutes, rules, and regulations of the District, City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included by this reference, and this Agreement shall be read and enforced as though they were included. Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed bylaw and arise from or are necessary for the Consultant?s performance of the services required by this Agreement, and shalt indemnify, defend and hold harmless District against any such fees, assessments, taxes penaities or interest levied, assessed or imposed against District hereunder. 1.2 TERM Term: From: November 9, 2018 To: June 80,2019 The Term of this Agreement as noted, unless earlier terminated as provided herein. The Parties may mutually agree to extend this term only by written amendment. Should the Parties agree to extend the term of this Agreement; the Agreement can only be extended on a year~to~year basis with written approval unless otherwise indicated in writing and in accordance with the law. 14B.4 Page 2 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 2 FEES AND PAYMENTS 2.1 FEES District shall pay Consultant for the specified services as reflected on Exhibit A during this contract term. 2.2 PAYMENTS Consultant shall submit to District an itemized invoice which indicates work completed by Consultant. District shall review each invoice and/or receipts submitted to determine that the work performed and expenses incurred are in compliance with the provisions of this Agreement. District shall pay Consultant within a reasonable time and in accordance with this Agreement. 3. ADDITIONAL SERVICES. District shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work as described herein. No such extra work may be undertaken unless a written order is first given by the District Contract Officer to the Consultant, incorporating therein any adjustment in the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval or ratification of the Contract Officer. However, any increase in compensation beyond the Contract Sum, for services beyond what is contemplated in the Contract, must be approved or ratified by the Board of Education in a signed writing prior to any payment. Additionally, any other increases, extensions or renewals must be approved in writing by the Board of Education. it is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefore unless specifically authorized pursuant to the terms of this section. 4 RESPONSIBLIITIES OF CONSULTANT 4.1 Consultant shall assign Company Contract as Project Manager. The Project manager shall not be removed from the Project or reassigned without the prior written consent of District, which consent shall not be unreasonably withheld. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant?s staff assigned to perform the services required under this Agreement 4.2 COORDINATION OF SERVICES Consultant agrees to work closely with the District staff in the performance of Services and shall be available to the District staff, consultants and other staff at all reasonable times. 4.3 STANDARD OF CARE: Consultant shall perform all Services under this Agreement in a skillful, competent and timely manner consistent with the standards generally recognized as being employed by professionals in the same discipline' In the State of California Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all of Consultant's employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents that it, its employees and subconsultants have all iicenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any of Consultant?s employees who are determined by District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any of Consultant's employees who fail or refuse to perform the Services in a manner acceptable to District, shall be removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 4.4 INDEPENDENT CONSULTANT ADDITIONAL PERSONNEL Consultant is retained as an independent consultant and is not an agent or employee of the District. No employee or agent of Consultant shall by this Agreement become an agent or employee of the District. The work to be performed shall be in accordance with the work described herein, subject to such directi amendments from District as herein provided. Consultant shall have no authority, express or implied, piggt?l- to this Agreement to bind District to any obligation whatsoever, except as specifically provic?%g ugtipg? District. Any additional personnel performing the Services under this Agreement on behalf of SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 at ali times be under Consuitant?s exclusive direction and controi. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. 4.5 LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with ail local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Service. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 4.6 MAINTENANCE OF RECORDS Consultant shall maintain complete and accurate records with respect to costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the District during normai business hours with reasonable notice to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 4.7 INSURANCE Consultant shall comply with the following insurance provisions, uniess one or more paragraphs are specifically waived by the District in writing. (1) Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to District that it has secured insurance required under this Section. In addition, Consuitant shall not allow any subconsultant or employee to commence work until it has provided evidence satisfactory to the District. (2) Minimum Requirements and Limits. Consultant Shall, at its expense, procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultant, its agents, representatives, and employees. Such insurance shall survive after this agreement as permitted bylaw. SCOPE OF ENSURANCE Coverage shaii be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an ?occurrence? basis, including products and completed operations, property damage, bodiiy injury and personal advertising injury and improper sexual conduct with limits no less than $1,000,000 per occurrence. it a general aggregate limit applies, either the general aggregate limit shalt apply separately to this project/location or the general aggregate limit shall be $2,000,000 the required occurrence limit. 2. Automobile Liability: 180 Form Number CA 00 01 covering any auto (Code or if Consultant has no owned autos, hired, (Code 8) and noneowned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers? Compensation (Employer?s Insurance): as required by the State of Caiifornia, with Statutory Limits, and Employer?s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of San Ysidro School District. 4. Professional Liability (Errors and Omissions): insurance appropriates to the Consultant?s profession, with limit no less than$1 ,000,000 per occurrence or claim, $2,000,000'aggregate. [If applicable see footnote next page) 5. improper Sexuai Conduct: $1 ,000,000 per occurrence with an aggregate of not less than $2,000,000 for damages because of bodily injury by reason of negligent hiring and supervision. May be included under General Liability. District waives 6. Cyber Security Liability: Coverage for both electronic and non-electronic data breach of $1,000,000 per occurrence with an aggregate limit of not less than $2,000,000 and shall cover all of Consuitant?s empioyees, officials and agents. Coverage shall apply to any dishonest, fraudulent, malicious or criminal use of Consultants or computer system or to obtain financial benefit for any party; to steal, take or provide unauthorized access of electronic data, including publicizing confidential electronic data or causing confidential electronic data to be accessible to unauthorized persons; transfer and for Third-Party Liability encompassing judgequng, settlement and defense costs arising out of litigation due to a data breach and data breach response ost for customer notification and credit monitoring service fees. District waives Page 1f 0f? 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 If the Consultant maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Additional insured Status Endorsement The San Ysidro School District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an Additional Insured Endorsement to the Consultant?s insurance (at least as broad as Form CG 2O 10 11 85 or both forms if Eater revisions used). if Bianket Endorsement, please Primary Coverage For any claims related to this contract, the Consultant?s insurance coverage shalt be primary insurance as respects the District, its officers, officials, empioyees, and volunteers. Any insurance or self?insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Consultant?s insurance and shaft not contribute with it. Notice of Cancellation The Provider shall file, with the District, Certificates of Insurance indicating a thirty~day (30) cancellation notice. if not stated on the Certificates of insurance, it is understood that a 30-day cancellation notice wili be provided and failure to mail such notice shall impose obiigation and liability upon the company/insured, its agents or representative. Waiver of Subroqation Consultant hereby grants to the San Ysidro School District a waiver of any right to subrogation which any insurer of said Consultant may acquire against the District by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. Deductibles and Seif~lnsured Retentions Any deductibles or seii~insu red retentions must be declared to and approved by the District. The District may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptabilitv of Insurers insurance is to be placed with insurers with a current AM. Best?s rating of no less than A?:Vli, unless otherwise acceptable to the District. Claims Made Policies (note - should be appiicable only to professional liability, see below) it any of the required policies provide claims?made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. if coverage is canceled or non renewed, and not replaced with another claims~made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase ?extended reporting? coverage for a minimum of five (5) years after compietion of work. of Coverage Consultant shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work/services commences. However, failure to obtain the required documents prior to the work beginning shaii not waive the Consultant?s obligation to provide them. The District reserves the right to require complete, certified copies of all required Insurance policies, including 148 4 endorsements required by these specifications, at any time. Page 5 0f 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 5 GENERAL PROVISIONS 5.1 DELAYS IN PERFORMANCE (1) Neither District nor Consultant shaii be considered in default of this Agreement for deiays in performance caused by circumstances beyond the reasonable control of the nonuperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civii disturbances; strikes, iockouts, work siowdowns, and other disturbances; sabotage or judicial restraint. (2) Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 5.2 SUSPENSION OF SERVICES The District may, in its sole discretion, suspend all or any part of Services provided hereunder with cost to date of suspension. Consultant may not suspend its services without District?s express written consent. 5.3 OF AGREEMENT Termination. District may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consuitant of such termination, and specifying the effective date thereof, at ieast seven (7) days before the effective date of such termination. Upon termination, Consultant shaii be compensated onlyfor those services which have been adequately rendered to District to date of the notice of termination and Consultant shaii be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. (2) Consultant?s Termination for Cause. This Agreement may be terminated by the Consultant upon thirty (30) days written notice to the District only when the District has substantiallyfaiied to perform its obligations under this Agreement. The written notice shall include a detailed description of the District?s faiture to perform, status of the work compieted as of the date of termination together with a description and a cost estimate of the effort necessary to complete work in progress. In such event, the Consuitant shall be compensated for services completed to the date of termination, together with compensation for such approved Additional Services performed after termination which are authorized by the District to conclude the work performed to the date of termination. Upon the District?s request and authorization, Consuitant shall perform any and all Additional Services necessary to wind up the work performed to the date of termination. (3) Effect of Termination. if this Agreement is terminated as provided in this Section, District may require Consultant to provide all finished or unfinished documents, date, programming source code, reports or any other items prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shaii be required to provide such documents and other information within fifteen (15) days of the request. (4) Terminated Services. In the event this Agreement is terminated in whoie or in part as provided herein, District may procure, upon such terms and in such manner as it may determine appropriate, services simiiar or identicai to those terminatedmaterials and data, including but not iimited to, data on electronic or magnetic media and any materials, documents and data required to be made or kept pursuant to federal, state or local laws, rules or regulations, prepared or collected by Consuitant pursuant to this Agreement, shail be the soie property of the District, except that Consultant shall have the right to retain copies of all such documents and data for its records. District shalt not be limited such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shall be at District?s sole risk and provided that Consultant shall be indemnified against any damages resulting from such use, including the reiease of this material to third parties for a use not intended by this Agreement. (2) such materials and data shall be provided to the District, or such other agency or District as directed by District or required by law, rule or reguiation, as they become due during the term of this Agreement ef?gy; by District. Page 6 0f 11 5.5 5.6 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 (3) The District is a California public entity subject to all state and federal laws governing education, including but not limited to California Assembly Bill 1584 (AB 1584), the California Education Code, the Chiidren?s Online Privacy and Protection Act (COPPA), the Family Educational Flights and Privacy Act (FERPA), and Privacy regulations and any other privacy laws, policies and regulations that may apply such as American Recovery and Reinvestment Act of 2009 and the Health information Technology and Economic Clinical Health Act of 2009 AB1584 requires, in part, that any agreement entered into, renewed or amended after January 1, 20i5 between a local education agency (LEA) and a third-party service provider must include certain terms; and the LEA and the Service Provider desire to have this Agreement and the services provided comply with AB1584. This includes to all forms of protected health information, including paper, oral, and electronic, etc. Furthermore, only the minimum health information necessary to conduct business is to be used or shared. . Pupil records obtained by the Consultant/Service Provider from LEA/District continue to be the property of and under the control of the District. The Consultant will obtain information regarding disciplinary and/or behavioral events for the purpose of allowing District personnel to improve and provide services to pupils. The Consultant will not be obtaining pupil-generated content. . In the event of an unauthorized disclosure of a pupil?s records, the Consultant shall report to an affected parent, legal guardian, or eligible pupil pursuant to the following procedure; written communication to the District?s Superintendent, Deputy Superintendent and/or designee. . The Consultant shalt not use any information in a pupil record for any purpose other than those required or specifically permitted by this Professional Services Agreement. . Consultant certifies that a pupils records shall not be retained or available to the Consultant upon completion of the terms of this Professional Services Agreement. 0 District agrees to work with Consultant to ensure compliance with FERPA. . Consultant shall not use personally identifiable information in pupil records to engage in targeted advertising. . Pupil records include any information directly related to a pupil that is maintained by the District or acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other District employees. Pupil records does not include/not mean de-identified information (information that cannot be used to identify an individual pupil) used by the third party to (1) improve educational products for adaptive learning purposes and for customized pupil learning; De-identified information, including aggregated de?identified information. (2) Demonstrate the effectiveness of the operator?s products in the marketing of those products; Or for the development and improvement of educational sites, services, or applications. SAFETY Consultant shalt execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. PROJECT STAFFING Consultant shall provide adequate staff and resources to all Consultant activity. Should Consuttant fail to adequately staff a project, the District may, at its sole discretion, retain third party consulting services and back charge Consultant for all third? ?party fees 5.7 INDEMNIFECATION Indemnification: To the fullest extent permitted by law, Consultant shall defend (with counsel of District?s choosing), indemnify and hold the District, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongfui death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant?s Services, the Project or this Agreement, including without limitation the payment of damages, expert witness fees and attorney fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restriCted to infq?pg proceeds, if any, received by Consultant, the District, its officials, officers, employees, agents, onolunt age SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 Design Professionals: If Consultant?s obligation to defend, indemnify, and/or hold harmless arises out of Consultant?s performance as a ?design professionai? (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Ccnsuitant?s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or wiilfui misconduct of the Consuitant, and, upon Consultant obtaining a final adiudication by a court of competent jurisdiction, Consultant?s liability for such ciaim, inciuding the cost to defend, shall not exceed the Consuitant?s proportionate percentage of fault, 5.8 AMENDMENTS This Agreement may not be amended except in writing signed by both Parties. 5.9 SEVERABILITY If any section, subsection, sentence, clause or phrases of this Agreement, or the application thereof to any of the Parties, is for any reason heid invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to this Agreement. 5.f0 GOVERNING LAW This Agreement shall be governed by the laws of the State of California. Any action brought to enforce the terms of this Agreement shaii be brought in a state or federal court located in the County of San Diego, State of California, but oniy after dispute resotution as provided herein. 5.11 CONFLICT OF INTEREST For the term of this Agreement, no member, officer or empioyee of District, during the term of his or her service with District, shall have any direct interest in this Agreement, or obtain any present or anticipated materiai benefit arising therefrom. 5.12 SCHOOL SAFETY, AND BACKGROUND REQUIREMENTS: Consultant agrees with the provisions of Education Code Section 45125.1 regarding the submission of fingerprints to the Caiifcrnia Departmentof Justice. Consultant shali not be permitted to have any contact with District pupils until such time as Consuitant has verified in writing to the District that they have complied with Educational Code Section 45125.1. (Piease complete attached Schooi Safety Certification Form.) Per Ed Code 49406 and Assembiy 1667, the District requires for Tubercuiosis (TB) Ciearances to be in ptace by anyone coming in contact with pupils. Please submit T8 Clearance to the Business Services Office. This section may be waived if the District determines that the Consuitant and/or its employees will have limited contact with District pupiis or if Consultant and/or its employees will be supervised at ail times by District staff. District is waiving this requirement 5.13 FREE FACILITIES: ALL ARE DRUG AND FREE ANY DRUG, ALCOHOL TOBACCO USE (SMOKED OR SMOKELESS) IS PROHIBITED AT ALL TIMES ON ALL AREAS OF THE DISTRICT FACILITIES. 5.14 NOTICES CONTACT All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: personal service, email or by US. Mail, mailed certified mail with return receipt requested, addressed to the following entities. 14B.4 Page 8 0f11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San CA 92173 CONSULTANT: TERI Name: Joe Michalowski Title: CFO Address: 9606 Tierra Grands Street City/State/Zip Code: San Diego, CA 92126 Tetephone: (858) 695?941 5 Email: ioem@teriinc.org atyssatrahan@teriianrQ DISTRICT: San Ysidro School District Name: Marilyn Adrianzen Oscar C. Madera Title: Chief Business Official Director of Special Education Address: 4850 Otay Mesa Road 4350 Otay Mesa Road City/State/Zip code: San Ysidro, CA 92173 San CA 92173 Telephone: (619) 428?4478 (619) 428-4478 X3091 Email: Marilynadrianzen 6 ENTIRE AGREEMENT This Agreement represents the entire understanding of District and Consultant as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. To the extent that any provision or ctause contained in an attachment to this Agreement conflicts with a provision or clause in the Agreement, the provision or clause in this Agreement shall control. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an Entegrated Agreement. 7 WARRANTY OF AUTHORITY: Each of the parties signing this Agreement warrants to the other that he or she has the full authority of the District on behalf of which his or her signature is made.? CONSULTANT TERI INC. Firm Name Signature of Authorized Agent Joe Michalowski, CFO Name, Titte Tel: (858) 695-9415 Date: DISTRICT San School District Firm Name Signature Marilyn Adrianzen, Chief Business Official Print Name, Title Date Board Approved: 1413.4 Page 9 ofll SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 SCHOOL SAFETY CERTIFICATION FORM CERTIFICATION PURSUANT TO EDUCATION CODE 45125.1 and Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(0) Fingerprinting and Criminal Background Investigation Requirements The San Ysidro School District (District) has determined under Education Code Section 45125.1, subdivision that in performing services under this contract, Contractor/Consultant?s employees and/or SubconsuItems/Subcontractors may have contact with pupils. (Initial) As required under Education Code Section 45125.1, subdivision Consultant shall require their employees, inciuding the employees of any sub-consuitant and/or subcontractor, who will provide services pursuant to this contract to submit their fingerprints in a manner authorized by the Department of Justice in order to conduct a criminal background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code Section 45122.1. (Initial) Consultant shall not permit any employee to perform services that may come in contact with pupils under this contract until the Department of Justice has determined that the employee has not been convicted of a feiony or has no criminal charges pending for a felony as defined in Education Code Section 45122.1 and in Penal Code section 667.5(c) or a serious felony listed in Penal Code section (Initial) Consultant certifies that all of its employees who may come in contact with pupils have not been convicted of or have no criminal charges pending for a felony, as defined in Education Code Section 45122.1 and in Penal Code section 667.5(c) or a serious felony iisted in Penal Code section (Initial) Consultant shall defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and aft claims asserted or liability established for damages or injuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant?s failure to comply with all of the requirements contained in Education Code Section 45125.1, including, but not limited to, the requirements prohibiting Consultant from using employees who may have contact with pupiis who have been convicted or have charges pending for a felony in Education Code Section 45122.1. (Initial) Per Ed Code 49406 and Assembly 1667, the District requires for Tuberculosis (TB) Clearances to be in place by anyone coming in contact with pupils. (Initial) Consuitant?s individuais/empioyees and/or SubconsuRants/Subcontractors who may come in contact with pupils in the performance of services in this contract agree to provide fingerprint and TB Clearances (at their own expense) to be in compliance with the above-mentioned Ed Codes before commencement of any services under this contract. The District will provide LiveScan form if necessary. a i certify to the District?s Governing Board that have read and understand the above terms and conditions and wilt report any changes that may affect the performance services of this contract. - i certify to the District?s Governing Board that none of the Consultant?s employees/individuals and/or Subconsuitants/subcontractors performing services under this agreement have been convicted of a felony as defined in Education Code Section 45122.1 and in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1 1 927(0). . certify to the District?s Governing Board that all of the Consultant?s and empioyees- individuals performing services under this agreement are clear of tuberculosis (TB) as defined on Education Code Section 49406 and Assembly Bili 1667. Company Name: Name/titie of authorized representative (Print) Signature Date 14134 Page 10 of 11 SAN YSIDFIO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 EXHIBIT A SCOPE OF SERVICES Services include: Evaiuations - Observations and interviews 0 Report writing 0 IEP attendance 9 Testing feedback Cost implication: up t0 $1,500.00 143.4 Page 11 of 11 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD A GENDA a? T0: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, Edi). FROM: INITIAL: tit ?t superintendent Business Services Informational Marilyn Adrianzen, Chief Business Of?cial Action AGENDA ITEM: AGREEMENT WITH HOLLANDIA DAIRY INC. VIA THE NORTH COUNTY EDUCATIONAL PURCHASING CONSORTIUM OF SAN DIEGO COUNTY BACKGROUND INFORMATION: The District is currently part of the North County Educational Purchasing Consortium (N CEPC) which allows districts to purchase products at a more cost effective price. NCEPC conducted Bid No. CNS 1617~ 1004 for Milk and Dairy Products, and awarded the bid to Hollandia Dairy Inc. The NCEPC renewed the agreement with Hollandia Dairy Inc. for school year 2018-19 of which the District is a part of. RECOMMENDATION: Ratify the renewal agreement with Hollandia Dairy Inc. via the North County Educational Purchasing Consortium (NCEPC) Bid No. to provide milk and dairy products during school year 2018-19. LCAP GOAL AND (please indicate): Goal No. 2: Base Services and Safety Maintain basic operating services of the district inciuding MOT personnel, transportation, contracted services, and utilities. Renewai New Amendment Ratify Other Business Services Reviewed: Financial lmpiications? Are funds for this item availabie in the 2018?19 Budget? Requisition Yes Child Nutrition Services I i i (Amount) (Name ot?funding source and/or location) (Funding account number) Certi?cation Requested Yes No Superintendent?s Office Certification: Recommended for: Approval Denial ma Gina A: Potter, Superintendent 143.5 Secretary to the Board Page 1 0f 11 l, . RENEWAL AGREEMENT NCEPC BIQ MILK AND PRODUCTS THIS AGREEMENT REFERS TO DISTRICTS IN REGIONS 2 AND 3 THIS AGREEMENT, made and entered into this 6th day of?June 2018 by and between the North County Educational Purchasing Consortium, San Diego County, California, hereinafter called the Consortium, and Hoilandia Dairy inc hereinafter called the Contractor. WETNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other. as follows: 1. THE CONTRACT DOCUMENTS: The complete contract consists of the following documents: The Letter to Bidders, the Notice to Bidders, the Information to Bidders, the Accepted Bid, the General and Special Conditions. Speci?cations, and the Agreement, including all modi?cations thereof duly incorporated therein. Any and all obligations of the Consortium and the Contractor are fully set forth and described therein or are reasonably lnferable that any work called for in one and not mentioned in the other. or vice versa. Is to be executed the same as it mentioned in all of the documents. The documents comprising the complete Contract are sometimes hereinafter referred to as the Contract Documents, or the Contract. 2. THE MATERIALS AND SUPPLIES: The contractor agrees to furnish the item or items of the stated bid listed herein, and all transportation. service. labor, and material necessary to furnish and deliver some in good condition, in the manner designated in, and in strict conformity with the speci?cations and other contract documents. at the price or prices hereinafter set forth. Mom bar districts shall not be responsible forthe care or protection of any property. material, or parts ordered against said contract before date of delivery to the respective district. it is understood by the Contractor that all items or service wiil be delivered to the ordering district. NCEPC Bid MILK AND DAIRY PRODUCTS 2 AND 3 3. PAYMENTS. Within thirty (30) days after delivery of any or all of the items hereinahcve set forth and their acceptance by the ordering district, the ordering district agrees to pay to the Contractor, and the Contractor agrees to accept in full payment therefore. the some set opposite each item. 4. TERMINATION FOR DEFAULT: lithe said Contractor fails or neglects to supply or deliver any of said goods. articles. or service at the prices named and at the times and places above stated. the Consortium may, without further notice or demand. cancel and rescind this contract or may purchase said goods, supplies. or services elsewhere. and hold said Contractor responsible and its bio for all damages which may be sustained thereby, or on account of the failure or neglect of said Contractor in performing any of the terms and conditions of this contract; it being speci?cally provided and agreed that time shall be the essence of this agreement. 5. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the Consortium. 6. RIGHT TO CERTAIN AMOUNTS AND MAKE THEREOF: The Consortium may authorize a member district to withhold a suf?cient amount or amounts of any payment otherwise due to the Contractor, as in its judgment may be necessary to cover defective Items not remedied. and the Consortium may apply such withheld amount or amounts to the payment of such claims. in its discretion. 7. EXTRA ANDICR ADDITIONAL AND CHANGES: Should we Consortium at any time during the performance of?the contract, request any alterations, deviations, additions, or omissions from the Specifications or outer Contract Documents. it shall be at liberty to do so, and the same shall in no way effector make void the Contract, but the cost will be added to or deducted from the amount of said Contract price. as the case may he, by sick and reasonable valuation. The estimated cost of a proposed change shall be established in one or more of the following methods: a) By an acceptable lump sum proposal from the Contractor. 143.5 Page 2 of 11 b) By unit prices agreed upon by the Consortium and the Contractor. NORTH COUNTY PURCHASING CONSORTIUM (- AGREEMENT conr'o} No change shall be made in any speci?cation of any item under the Contract unless a written statement aching forth the object of the change. its character, amount. and the expense thereof Is ?rst submitted to the Consortium and written consent thereto obtained. 8. TIME OF COMPLETION: The Contractor shall begin performance of the Contract upon due execution and delivery to the Consortium of the Contract for the?period My 1, gO'iS to June 39, 2019 for all districts in Regions 2 and 3 cf lheNorth County Education Purchasing Consortium, as defined In original bid documents pertaining to Bid The Contractor is obligated to completely and satisfactorily perform the Contract within the period or periods speci?ed in the Contract documents. 9. DEFENSE AND (3) Neither the Consortium nor any ordering District shall be liable for, and Contractor shall defend and indemnify the Consortium and any and all ordering Districts and their of?cers, agents, employees and volunteers (collectively ?Consortium Parties?), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, ?nes, mechanics? liens or other liens, iabor disputes. Losses, damages, expenses, charges or costs of any kind or character, including attorneys? fees and court costs (hereinafter collectively referred to as ?Claims"), which arise out of or are in any way connected to the work covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive of Consortium Parties. Contractor shall have no obligation, however, to defend or indemnify Consortium Parties from a claim if it is determined by a court of that such claim was caused by the sole negligence or willful misconduct of Consortium Parties. Contractor shall defend and indemnify the Consortium Parties and their officers, agents and employees from every claim or demand made and every loss, damage or expense, of any nature whatsoever, which may be incurred by reason of any liability for damages which may arise from the furnishing or use of any copyrighted or matter or patented or unpatented invention under this Agreement. it). THE DISTRICTS All items shall be subject to the inspection of the ordering district. Inspection of the items shall not relieve the Contractor from any obligation to ful?ll this Contract. Defective items shall be made good by the Contractor, and unsuitable items may be rejected, notwithstanding that such detective work and materials have been previously overlooked by the ordering district and accepted. If any item shall be found defective at any time before ?nal acceptance ofthe complete delivery, the Contractor shall forthwith remedy such defect In a manner satisfactory to the ordering district. . 11. REMOVAL OF REJECTED All Items rejected by the ordering district at any time prior to final inepectlon and acceptance shall at once he removed from the place of delivery by the Contractor who shall assume and pay the cost thereof without expense to the ordering district, and shall be replaced by satisfactory items. 12. DELAY DUE TO UNFORESEEN OBSTACLES: The parties to this Contract shall be excused from performance there under during the time and to the extent that they are prevented from obtaining, delivering, or' performing by act of God, fire, Strike, loss or shortage of transportation facilities, lockout, or commandeerlng of materials, products, plants or facilities by the government, when satisfactory evidence thereof is presented to the other party, provided that it is also established that the non~performance is not due in part to the fault or neglect of the party not performing. 13. OF CONTRACT: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof, or any right, title, or interest therein, funds to be received hereunder, or any power to execute the same without the consent in writing of the Consortium. 14. CONTRACTOR IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE CONSORTIUM: While engaged in carrying out and complying with the terms and conditions of this Contract, the Contractor is an independent contractor, and is not an officer, employee or agent of the Consortium or its member districts. 15. PERMITS AND LICENSES REQUIRED OF THE CONTRACTOR: Connector agrees to carry a commercial general and automobile liability insurance policy with limits of One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage in a form mutually acceptable to the parties to protect Contractor and Consortium and Ordering District against liability or claims of liability which may arise out of this Agreement. in addition, Contractor agrees to provide an endorsement to this policy stating, "Such insurance Egg 5 afforded by this policy shall be primary, and any insurance carried by the Consortium and Ordering District shall a Page 3 0f11 nor-nu couu'rr eoucnnonnt. consonnuu I AGREEMENT rchT'o) excess and No later than ten (10) working days after the execution of this Agreement, Contractor shall provide Consortium and Ordering District with copies of use policy or policies of insurance evidencing all coverages and endorsements required hereunder including a provision for a thirty (30) day written notice of cancellation or reduction in coverage Contractor agrees to name Consortium and Ordering Districds) and their of?cers, agents and empioyees as additional insured?s under said ?policy Bidders who have questions about insurance coverages are requested to present questions prior to bid open: ng in accordance with the provisions of Section 9 of the information for Bidders. The contractor and all of its employees or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with the furnishing of materials. articles, or services covered under this Contract. All operations and materials shaii be, in accordance with the law. 16. Bill): The Concertiurn reserves the right to reject any bid which imposes conditions, or terms on purchases, which were not speci?ed In the original bid document 17. HAZARDOUS MATERIALS: Contractor shall comply with all Envl ronmentai Laws and all other laws, rules, regulationsi and requirements regarding Hazardous Materials health and safety, notices and training. Contractor agrees that it will not store any Hazardous Materials at any Consortium or ordering district without prior approval of Consortium or ordering district or in violation of the applicable site storage limitations imposed by Environmental Law Contractor agrees to take, at its expense, alt action necessary to protect third parties, including, without limitation, employees, students and-agents of the Consortium or ordering district from any exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the appropriate governmental agencies all discharges releases and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the District of it. As used in this section, the term "Environmental Law" means any and all federal state or local laws or ordinances, rules, decrees orders, reputations or court decisions (including the so-called "common law") including. but not limited to the Resource Conservations and Recovery Act relating to hazardous substances, hazardous materials, hazardous waste toxic substances environmental conditions or other similar substances or conditions. As used in this section the term ?Hazardous Materials" means any chemical, compound, . materials, substance or other matter that is a flammable, explosive, asbestos. radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious materials, whether injurious or potentially injurious by itself or in combination with other materials; is controlled, referred to, designated in or governed by any Environmental Laws; gives rise to any reporting, notice or publication requirements under any Environmental Laws. or (Ci) is any other materials or substance giving rise to any liability, responsibility or duty upon the District with respect to third person under any Environmental Laws. 18. STUDENTS: MONTOYA SCHOOL SAFETY ACT (CHAPTER 588, 1997 STATUES) Contractor will not permit any of its employees who perfonn services under this Agreement to come in contact with pupiis or communicate with pupils. in the event Contractor fails to prevent its employees from having contact with peptic or communicating with pupils and injury results from failure to prohibit pupil contact or communication, Contractor shall defend, indemnify, protect, and hold the Consortium and the ordering district, its agents, officers and employees harmless from and against any and sit claims, demands, liability, judgments, awards, losses, injury, damages, expenses, charges or costs of any kind or character whether to the Consortium or ordering district or to any person or property which arise from or are connected with or are caused or claim to be caused by Contractors failure to prohibit its employees, subcontractors or agents from having pupil contact or communication. Any subcontractors hired by Contractor shall be subject to and shaii comply With this section, and it shall be the Contractor?s responsibility to require compliance with this section Contractor and subcontractor shall be jointly and severally liable for any injury that results from subcontractors failure to corn ply with this provision. Based on the determination that neither Contractor nor any subcontractor of Contractor will have contact with pupils, no ?ngerprinting of Contractor or its agents, subcontractors or employees is required by this Agreement 19. APPLICABLE LAWS: Contractor agrees to comply with all federal, state and locals laws. rules, regulations and ordinances that are now or may in the future become applicable to Contractor, Contractor?s business, equipment and personnel engaged in operations covered by this Agreement, or occurring out of the performance of such operations. 20. if any term, condition or provision of this Agreement is held by a court of competentjurisdicticn to bri3 invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and siteage . NORTH COUNTY EDUCATIONAL PURCHASING CONSORTIUM AGREEMENN be affected, impaired or invalidated in any way. 2t. SUCCESSOR81AII terms of this contract shalt be binding upon [ours to the benefit of and be enforceable by the parties hereto and their respective heirs, legal representatives successors and assigns. 22. PROVISIONS REQUIRED BY LAW DEEMED Each and every provision of law-end clause required bylaw to be inserted in this contract shall be deemed to be Inserted herein and the contract shall be read and enforced as though it were Included herein, and it through mistake or otherwise any such provision is not inserted, or is not correctly inserted. then upon application of either party. the contract shall forthwith be physically amended to make such insertion or correction. 23. AUDIT AND INSPECTION OF RECORDS: At any time during normal business hours and as often as Consortium may necessary, Contractor shall make available to Consortium for exammatxon at ConsortIum 3 primary administration offices. all data records, investigation reports and all other materials respecting matters covered by this Agreement and Contractor wilt permit Consortium to audit, and to make audits of ail invoices and other dots related to all matters covered by this Agreement. WARRANT OF AUTHORITY: Each of the parties signing this Agreement warrants to the other that he or she has the full authority of the entity on behslfot which his or her signature Is made IN the Consortium. by order of its Governing Board has caused this Instrument to be duly subscribed by the Secretary of said Board and the Contractor has caused this instrument to be duly subscribed and executed ail on the date ?rst hereinbefore set forth. NORTH COUNTY EDUCATIONAL PURCHASING CONSORTIUM San Diego County. California By Bid Ad inistrator By ?6 Contractor or oz, Emission (Li Address Sam Oi: time?s Approved by the Governing Board on: (9530!? 14B.5 Page 5 of 11 NCEPC REBID REGION #1 . em RESULTS 810 OPENS TUESDAY, JULY 5, 2016 MILK AND DAIRY PRODUCTS 2:00 PM COLUMN COLUMN Hollandia Dairy s? . . . Item ft Description Unitfi?ack Brand 8. Product Size Brand 8? Fm ?c me If Esumamd Unit Pnce Extended Price other than spec Usage Cheese, Sliced (American. Provolone, Jack. Cheddar) 5 LB Chateaux 775 1 6.500 12,787.500 Cheese, Cheddar Shredded LB CheswickiPaci?c I S#bag 775 2.450 1.500 18.600 1.898.750 Cheese, Cottage, lowfat LB 25 40.000 Cheese, Cream 1001' 1 OZ Bagel Shop 560 10,416.000 Cheese, Cream Cheese Lite 1 02 100 I CS Smith?eld 760 19.500 14,820,000 Cheese, Pepper Jack Sliced LB 40 3.300 132.000 Cheese, String Part Skim 96! 1 02 1.010 21.900 22,119,000 Ice Cream, Chocolate Shortcake Bar 8812 2 DZ Rich?s Ice Cream 250 9.000 2.250.000 lce Cream, Cotton Candy 8812 2 DZ Rich's lce Cream 5 7.500 37.500 Ice Cream, LF Fudge Frenzy 2 DZ 1,280 7.500 9.600.000 lce Cream, LF Mini Gone 2 02 North Star 555 10.750 5,965,250 lce Cream, LF Vanilla Sandwich $812 2 DZ North Star 4.625 10.750 r. 7.500 9.000 9.000 16.500 Ice Cream, Rainbow Polar Pole 2 DZ Rich's ?ce Cream North Star 1,240 9,300.000 11' 1? lce Cream, Sour Swell Cherry 8812 2 DZ Rich?s Ice Cream 5 45.000 H) F. lce Cream, Strawberry Shortcake 8812 2 DZ Rich?s ice Cream 250 2,250.000 tD 1? Juice Bar, All Flavors 100% 43 CT Nutri?Freeze 900 14,850.000 b- Apple 6 OZ 20,360 0.200 4.0?2000 no Juice, Apple, Appieberry. Wildberry 100% Pasteurized 3 OZ 88,375 0.235 20,758,125 102200.000 a: Jutce, Apple, Appteberry. Wildbeny 100% Pasteurized 4 OZ 730,000 0.140 Juice, Grape 100% 4 02 15.000 0.175 2,625.000 5408000 56350000 Juice, Orange 100% Pasteurized 8 OZ 20,800 0.260 Juice, Orange 100% Pasteun'zed 4 02 322,000 0,175 Juice, Wild Cherry 4 OZ 21.000 0.155 3,255,000 Vt Milk, 1% Low Fat While, Grad A Homo 1/2 GAL 16,350 2.300 0.210 0.240 0.220 0.250 0.250 16.500 19.200 24.000 7.500 37,605.000 Milk, 1% Lowfal. White Grade A, Carton 8 OZ 839,000 176,190,000 (D Milk, 2% While 5 1.200 h~ Milk, Fat Free, Choc, Grade A. Carton 8 02 3,000,000 660,000.000 no Milk, Fat Free, Straw Carton 8 02 1,875 468.750 G) Milk, Fat Free, White Grad A Homo Carton 8 OZ 84,000 21.000000 Milk, Lactose Free White 112 PT Lactaid 4,000 65.000000 Milk, Soy, Plain 24 I8 CZ 120 2,304,000 (0 Shape Ups, Whole Fmit, All Flavors 100 I 2 02 40 950.000 Sour Cream 5 L3 150 1.125.000 2% Sour Cream LF PT 1,120 35 Yogurt. LF All Flavors 6 OZ 69,400 0.780 0.31 1 3.000 34.500 54.132.000 36 Yogurt, All Flavors 4 OZ Dannon 2,120 558.896 37 Yogurt, All Flavors NF 32 02 5.500 16,500.000 38 Yogurt. Vanilla Parfait Pro 6 I 64 OZ Yoplait 275 9.4871500 Page 6 of 11 3.5 VENDOR EACH SHEET Page 7 0f 11 14B.5 NCEPC REBID MILK AND DAIRY PRODUCTS REGION #1 - BID RESULTS COLUMN COLUMN Holiandia Dairy Item Description UniUPack Brand Product Size if . rand Product Size other mar: spec Estimated Unit Price Extended Price Usage GRAND TOYAL B10 3 281.951 1,397,341.221 VENDOR SIGN EACH SHEET BID OPENS TUESDAY, JULY 5, 2016 2:00 PM REBID MILK AND DAIRY PRODUCTS REGION #2 BID RESULTS BID OPENS TUESDAY, JULY 5 2016 HOLLANDIA DAERY COLUMN COLUMN COLUMN COLUMN Item Description Unit/Pack Brand 8. Product Size Brand Product Size if other than spec Estimated Usage Unit Pricing Extended Price Cheese. Sliced (American. Provolone. Jack. Cheddar) 5L8 Chateaux 550 16.500 9.075.000 Cheese. Cheddar Shredded LB Chesm?ck/Paci?cl 5#bag 15 2.450 36.750 Cheese. Cottage. iow?iat LB 160 1.600 256.000 Cheese. Cream 100/1 OZ Bagel Shop 250 18.600 4.650.000 Cheese. Cream Cheese Lite Smith?eld 15 19.500 292,500 Cheese, Pepper Jack Sliced L8 400 3.300 1.320.000 Cheese. String Pad Skim 96/102 1.200 21.900 26.280000 Ice Cream. Choclate Shortcake Bar 8812 202 Rich's Ice Cream 500 9.000 4.500.000 Ice Cream. Cotton Candy 8812 202 Rich's Ice Cream 500 7.500 3.750.000 ice Cream. LF Fudge Frenzy 202 Rich's Ice Cream 950 7.500 7.125.000 ice Cream. LF Mini Cone 202 North Star 200 9.000 1.800.000 v. ice Cream. LF Vanilla Sandwich 881?. 202 North Star 1.200 9.000 10.800.000 I. ice Cream. Rainbow Polar Pole 202 Rich?s Ice Cream North Star 750 8.000 6.000.000 Ice Cream. Sour Swell Cherry 3812 202 Rich?s Ice Cream 1.100 7.500 8.250.000 Ice Cream. Strawberry Shortcake $812 202 Rich?s Ice Cream 1.000 8.000 8.000.000 (D Juice Bar. All Flavors 100% 48 CT Nuiri?Freeze 100 15.500 1.550.000 (C Juice. Apple 602 238.000 0.180 42.840.000 Juice. Apple. Appieberry. Wildberry 100% Pasteurized 802 250.000 0.220 55,000,000 19 Juice. Apple. Appieberry, Wiloberry 100% Pasteurized 402 1.1 10.000 0.135 149.850.000 20 Juice. Grape 100% 402 75.000 0.173 12.937.500 21 Juice. Orange 100% Pasteurized 802 145.000 0.240 34.800.000 22 Juice. Orange 100% Pasteurized 402 320.000 0.150 48,000.000 23 Juice. Wild Cherry 402 184.000 0.145 26.680.000 24 Milk. 1% Low Fat White. Grad A Homo 1/2 GAL 22.000 1.950 42,900.000 25 Milk. 1% Lowfat. White Grade A. Carton 802 1.000.000 0.180 1 80,000.000 26 Milk. 2% White 40: 5.000 0.200 1.000.000 27 Milk. Fat Free. Choc. Grade A. Carton 802 2.821.000 0.183 514,832.500 28 Milk. Fat Free. Straw Carton 802 17.000 0.235 3.995.000 29 Milk, Fat Free. White Grad A Homo Carton 802 1.128.000 0.185 208.680.000 30 Milk, Lactose Free White 1/2 PT 20/08 Lactaid 20 18.500 370.000 31 Milk. Soy. Plain 24/802 200 19.400 3.880.000 32 Shape Ups, Whole Fruit, All Fiavors 100/202 200 24.000 4.800.000 33 Sour Cream 5L8 400 7.500 3.000.000 Page 8 of 11 1 B5 VENDOR SIGN EACH SHEET 2:00 PM NCEPC REBID AND DAIRY PRODUCTS REGION #2 BID OPENS TUESDAY. JULY 5 2015 BID RESULTS 2:00 PM COLUMN COLUMN COLUMN COLUMN Brand Product Size if other than spec 34 Sour Cream LF PT 25 0.000 0.000 Item ?escription Un?lPack Brand Product Size Estima?ed Usage Unit Pricing Extended Price 35 Yogurt. LF All Flavors 8 02 7.000 0.750 5.250.000 36 Yogurt. All Flavors 4 OZ Cannon/Trix 3,400 0.298 1.011.500 37 Yogurt. All Flavors NF 32 OZ 2.400 3.350 8.040.000 38 Yogurt. Vanilla Parfait Pro 6 I 64 OZ Yoplail 135 34.500 4.657.500 GRAND TOTAL BID 277.323 1.446.209.250 Page 9 ofll 14B.5 VENDOR SIGN EACH SHEET Page 10 of 11 148.5 NCEPC REBID MILK AND DAERY PRODUCTS REGION #3 BED RESULTS BID OPENS TUESEJAY, JULY 5 2016 2:00 PM DAIRY COLUMN COLUMN COLUMN COLUMN Etem Description UnitJPack Brand Product Size Brand 8. Product Size if other than spec Estimated Usage Rebid Pricing Extended Price Cheese, Sliced (American. Provolone. Jack. Cheddar) 5L8 Chateaux 865 15.500 14.272500 Cheese, Cheddar Shredded LB Cheswick/Paci?cl 5#bag 11 2.450 26.950 Cheese. Cottage. lowfat LB 1,100 1.000 1.760.000 Cheese. Cream 100/102 Bagel Shop 800 18.500 14.880000 Cheese, Cream Cheese Lite Smith?eld 30 19.500 585.000 Cheese. Pepper Jack Sliced LB 1,350 3.300 4.455.000 Cheese, String Part Skim 96/102 6.750 21.900 147.825.000 Ice Cream. Choclate Shortcake Bar 8812 2DZ Rich's Ice Cream 9.000 45.000 Ncovmwh-oom Ice Cream. Cotton Candy 8812 2DZ Rich's Ice Cream 200 7.500 1.500.000 T. Ice Cream. LF Fudge Frenzy ZDZ Rich?s Ice Cream 100 7.500 750.000 Ice Cream. LF Mini Cone 202 North Star 200 9.000 1.800.000 lce Cream. LF Vanilla Sandwich 8812 202 North Star 100 9.000 900.000 Ice Cream, Rainbow Polar Pole 202 Rich's Ice Cream North Star 100 8.500 850.000 Ice Cream. Sour Swell Cherry 8812 202 Rich's Ice Cream 200 8.000 1 .600.000 L0 1. Ice Cream. Strawberry Shortcake 8312 202 Rich's Ice Cream 200 9.000 1 .800.000 to Juice Bar. All Flavors 100% 48 CT Nutri-Freeze 10 15.500 155.000 r. Juice. Apple 602 5 0.180 0.900 18 Juice. Apple. Appleberry. Wildberry 100% Pasteurized 802 160.000 0.230 36.800.000 Juice. Apple, Appleberry. Wildberry 100% Pasteurized 402 2.230.000 0.118 262.025.0011 20 Juice. Grape 100% 402 622.500 0.173 107.381.2513 21 Juice. Orange 100% Pasteurized 802 185.000 0.230 42,550.000 22 Juice. Orange 100% Pastecrized 402 1.612.000 0.150 241,800.000 23 Juice. Wild Cherry 402 204.000 0.145 29,580.000 24 Milk. 1% Low Fat White. Grad A Homo 1/2 GAL 7.500 1.950 14,625.000 25 Milk. 1% Lowfat. White Grade A. Carton 802 2,056,400 0186 382490400 26 Milk. 2% White 402 5 0.200 1.000 27 Milk. Fat Free. Choc. Grade A. Carton 802 3.468.000 0.179 620.772.000 28 Milk. Fat Free, Straw Carton 802 12.000 0.230 2760.000 29 Milk, Fat Free. White Grad A Home Carton 802 1,810,000 0.173 312.225.000 30 Milk. Lactose Free White 112 PT Lactaid 150 18.500 2.475.000 VENDOR SIGN EACH SHEET Page 11 0f11 14B.5 NCEPC REBED MILK AND DAIRY PRODUCTS REGION #3 BID RESULTS 81D OPENS TUESDAY, JULY 5 2016 2:00 PM COLUMN COLUMN COLUMN COLUMN Item Description UniUPack Brand Product Size if Brand Product Size other than spec Estimateci Usage Rabid Pricing Extended Price 31 Milk, Soy, Plain 24/802 125 19.400 2,425.000 32 Shape Ups, Whole Fruit, All Flavors 100/202 2,400 24.000 57,600.000 33 Sour Cream 5L8 290 7.500 2,175.000 34 Sour Cream LF PT 1,600 0.000 0.000 35 Yogurt LF All Flavors 802 16,600 0.750 12.450000 36 Yogurt, All Flavors 402 Dannonflrix 3,800 0.298 1,130.500 37 Yogurt, NF A11 Flavors 32 OZ Morningstar 1,700 3.350 5.695.000 38 Yogurt, Vanilla Parfait Pro 6/6402 Yoplait 1,000 34.500 34,500.000 GRAND TOTAL BED 2,364,655.500 VENDOR SIGN EACH SHEET SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL Superintendent Special Education El Informational Oscar Madera, Director Action AGENDA ITEM: SAN DIEGO COUNTY NONPUBLIC MASTER CONTRACT WITH ACES ACADEMY FOR 2018-2019 SCHOOL YEAR - REVISED BACKGROUND INFORMATION: California's nonpublic schools (NPS) are specialized schools that provide services to public school students with disabilities. EC Section 56034 de?nes a nonpublic, nonsectarian school (nonreligious) as a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in an NPS is paid by the public LEA that places the student in the NPS based on the student?s individual needs. Unlike other private schools, each NPS is certi?ed by the CDE. The rate shown above is approved and negotiated by San Diego County Of?ce of Education. Nonpublic School Estimated Cost ACES Academy (1 student) $83,693.36 On October 11, 2018, the Governing Board approved the San Diego County Nonpublic School Master Contract with ACES Academy to provide nonpublic school placement to students with special needs per their IEP during school year 2018-2019. The background information incorrectly stated the Nonpublic School as Aseltine. This Board item is to re?ect the correct Nonpublic School as ACES Academy. RECOMMENDATION: Approve the revised San Diego County Nonpublic School Master Contract with ACES Academy to provide nonpublic school placement to students with special needs per their IEP during school year 20182019 at an estimated cost up to $83,693.36 from the Special Education fund. LCAP GOAL AND (please indicate): Goal 1,1tem 1.2i: Continue to provide site and/or district based academic intervention programs to serve the districts subgroups English Learners, Low income, Students with Disabilities, etc) and educationally disadvantaged students in program improvement schools. Personnel (cg. instructional aides) may be hired to support in?ciass interventions for all student subgroups and educationaliy disadvantaged students at all school sites. a Renewal New Amendment El Ratify Other Business Services Reviewed: WQV ?rst; Financial Implications? Are funds for this item available in the 2018-2019 Budget? Requisition it Yes No Yes No i $83 ,693 .3 6 I i Special Education i I 0 100-6500000-3770~l 90?5300010?954 3 (Amount) (Name of funding source and/or location) (Funding account number) Certi?cation Requested Yes No Superintendent?s Office Certi?cation Recommended for: firm) 0 14B.6 Gina A. Potter, Superintendent Page 1 0f 1 Secretary to the Board SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: 2&3 ?i Superintendent Preschool Child Development Programs i:i Informational Lorena Varela-Reed, Director Action AGENDA ITEM: CALIFORNIA STATE PRESCHOOL PROGRAM (CSPP) CONTRACT AMENDMENT NO. 1 BACKGROUND INFORMATION The California State Department of Education has amended the Preschool Child Development contract for ?scal year 2018-19. The Standard Reimbursement Rate (SRR) was amended by deleting reference to $45.61 and inserting the Blended Rate of $48. 1 6 in place thereof. The Maximum Reimbursable Amount (MRA) was amended by deleting reference to $1,280,090.00 and inserting $1,344,273.00 in place thereof. RECOMMENDATION: Ratify Amendment No. to the California State Department of Education Contract No. for the Preschool Child Development Programs ?scal year 2018-2019 increasing the maximum reimbursable amount from $1,280,090.00 to $1,344,273.00. Ii LCAP GOAL AND (please indicate): Re a, i:i Renewal New 1% Amendment Ratify Other Business Services Reviewed: gifg?i?w Financial implications? Are funds for this item availabie in the 20E 8?20i9 Budget? Requisition Yes No Yes No FUNDING SOURCE $1,344,273.00 Preschool Child Development (CSPP) 12-00-6105-000~0001 (Amount) (Name of funding source and/or location) (Funding account number) Certi?cation Requested Yes No Superintendent?s Office Certification: Recommended for: Approval Denial a. Gin A. Potter, Superintendent Secretary to the Board 1413.7 Page 1 of 2 CALIFORNIA DEPARTMENT OF ED UCA TION I 43 0 Street Sacramento, CA 95814?5901 18 19 . 01 2018 Amendment 01 DATE. AW LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACT NUMBER: Budget Act PROGRAM TYPE: CALIFORNIA STATE PRESCHOOL PROGRAM PROJECT NUMBER: 37-6837-00-8 CONTRACTORS SAN YSIDRO ELEMENTARY SCHOOL DISTRICT This agreement with the State of California dated July 01, 2018 designated as number 085313?8470 shall be amended in the following particulars but no others: The Maximum Reimbursable Amount (MRA) payable pursuant to the provisions of this agreement shall be amended by deleting reference to $1,280,090.00 and inserting $1,344,273.00 in place thereof. The Maximum Rate per chitd day of enroilment payable pursuant to the prevtsiens of the agreement shat: be amended by deleting reference to $45.61 and inserting $48.16 in place thereof. SERVICE REQUIREMENTS The minimum Chiid Days of Enrollment (CDE) Requirement shall be amended by deleting reference to 28,0660 and tnserting 27315.0 in place thereof. Minimum Days of Operation (MDO) Requirement shall be 180. (No Change) EXCEPT AS AMENDED HEREIN all terms and conditions of the original agreement shall remain unchanged and in full force and effect. STATE OF CALIFORNIA CONTRACTOR BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Jaymi Brown, Gina A. Potter, Superintendent Tam: ADDRESS Contract Manager 4350 Otay Mesa Road, San Ysidro. CA 92173 AMOUNT ENCUMBERED BY THIS (CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Child Devetopment Programs Generai use only 3? 54:183 (OPTIONAL USE) 0656 PREOR AMOUNT ENCUMBERED FOR 23038-6837 1:18 8 0 0 9 0 ITEM 30_1 (101 0' CHAPTER STATUTE YEAR 6100-1916?0001 BIA 2018 2018?2019 312?" AMOUNT ENCUMBERED To OBJECT OF EXPENDITURE (CODE AND TITLE) 5 1,344,273 702 SACS: Res?6105 Rev~8590 14B. 7 I hereby certify upon my own personal knot iedge that budgeted funds are avaIlabte for the period and T.8.A. NO, BR NO purpose of the expenditure stated above. Pa ge 2 0 2 SIGNATURE OF ACCOUNTING OFFICER DATE SAN SCHOOL DISTRICT GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 .2 if at?. i a VIA: Gina A. Potter, FROM: INITIAL. re? refer Superintendent Business Services Informational Marilyn Adrianzen, Chief Business Of?cial Action AGENDA ITEM: AGREEMENT WITH CONAN CONSTRUCTION INC. - CHANGE ORDER NO. 1 BACKGROUND INFORMATION: In an effort to have the portable classrooms ready by the beginning of the 2018-19 school year, the Board authorized staff to proceed with the bidding process for general construction contractor services including signing the construction contract and issuing a Notice to Proceed. The project budget is approximately $2,249,697.00. Based on current progress, the Project remains within budget inclusive of the proposed contract change proposed herewith. On June 14, 2018, the Governing Board approved the Agreement and Bid Award No. 17/18-339 ofthe 2-Site Portable Addition for Ocean View Hills (OVH) and Vista Del Mar (VDM) Project to Conan Construction Inc. in the amount of $967,000.00, inclusive of a $50,000.00 attowance for unforeseen conditions and owner requested changes. During the progress of construction, additional items were needed to provide a compliant and complete project. The first $50,000.00 worth of changes are covered by the allowance. The remaining baiance of $27,700.20 is the Change Order needed to complete the work by Conan Construction Inc.. Recap is as follows: Site . . .- . 5 Description .- ?RednestNo. - .- (see; details onattached) .I . . 1R3 OVH Make ADA parking compliant, Modify Storm Drains to avoid $12,394.13 flow over plaza, Conduit reroute to avoid under-building conduit 2R3 OVH Sidewatk/ADA, Irrigation, add Concrete to new Plaza, add $58,857.57 Gravel, Paint exposed conduit, add Fence VDM Reuroute downspouts underground to storm drain $6,448.50 Gross changes/Use of Contingency: $77,700.20 Credit for use of contingency already in contract Net Change Order $27,700.20 New Contract Amount: $994,700.20 RECOMMENDATION: Ratify Change Order No. 1 to the agreement with Conan Construction Inc. to provide services necessary for the completion of the projects at Ocean View Hills and Vista Del Mar Schools in the amount of $27,700.20, which incorporates Change Order Request Nos. 1R3, 2R3 and 3R1 and uses the in?contract contingency in full for a new contract total of $994,700.20 from General, Certi?cates of Participation, and/or Capital Facilities Funds. II LCAP GOAL AND a a Renewal New Amendment Ratify Other Business Services Reviewed: at? Financial implications? Are funds for this item available in the 2018?2019 Budget? Requisition Yes No 8] Yes No General Fund, Certi?cates of Participation, i $1,044,700.20 and Capital Facilities Funds mi (Amount) (Name of funding seurce and/or Iocaticn) (Funding account number) - Denial Certification Requested DYes Superintendent?s Office Certification: 148.8 Gina A. Potter, Superintendent Page 1 of 32 Secretary to the Board 531 Encinitas Blvd, Suite 202 Encinitas, CA 92024 760.512.1188 Project: San Ysidro School District Change Order Number: 1 Change Order Date: 10/23/2018 Project Number: 18?1 11 Date of Contract: 5/16/2018 CHANGE ORDER Subcontractor: HSCC, Inc. 2018 2 Site Portable Addition OVH VDM Robinson Electric Project 17?1 8 339 San Diego Asphait Master Halco Pathway Waiters The Contract is changed as foiiows: Change Order Request 1R3 $12,394.13 Change Order Request 2R3 $58,857.57 Change Order Request 3R1 $6,448.50 The original Contract Sum was $917,000.00 The Contingency Allowance $50,000.00 The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be $994,700.20 The Contract Time will be increased/decreased by 0 days CONAN CONSTRUCTION, NC. 531 Encin/tas Blvd, Suite 202 Address Erwin/res, CA 92024 run; C?iy {Mama 10/23/20 1? 8 Date flow Signatw Shan Maurer Print Name Not valid until signed by all parties below. SAN SCHOOL Address rusty State Date Signature Print Name 143.8 Page 2 of 32 Change Order Number: 1R3 comsraecnow Change Order Date: 10/23/2018 531 Encinitas Blvd, Suite 202 Project Number: 18411 Encinitas, CA 92024 Date of Contract: 5/16/2018 760.512.1188 CHANGE ORDER REQUEST Project: Ocean View Hills Subcontractor: HSCC Inc. Robinson Electric San Diego Asphalt The Contract is changed as follows: HSCC: Delete 6 EA Atrium Drains under Proposed Structure, and connect 6 Square Concrete Drop inlets under existing downspouts to Finish grade, and tie into existing Storm $5,719.38 Drain Robinson Electric: RFI 1 - Relocate conduit for building R49 $4,286.25 San Diego Asphalt: Additional asphalt needed, due to the change to make ADA parking compliant $1,800.00 HSCC Math Error ~$1.70 Prime Contractor Profit 5% $590.20 The Contract Sum will be increased by this Change Order in the amount of $12,394.13 The Contract Time will be increased/decreased by 0 days Not valid until signed by all parties below.- CONAN CONSTRUCTEON, INC. SAN YSIDRO SCHOOL DISTRICT 531 Encinitas Blvd, Suite 202 Address Address Encinitas, CA 92024 City, State, Zip City, State, Zip 10/19/2018 Date Date sexy/Clix, Signatureq Signature Shanno aurer Print Name Print Name 143.8 Page 3 of32 PROPOSAL I FOR CONTRACT MODIFICATION Contract No. 18002-00 Rev Date: 10115118 CONTRACT TITLE: Ocean View HiEls - SYSD Original Date: 08102I18 PROJECT ADDRESS: Dei SUE Blvd, San Diego CA 92154 Direct Materials :5 2,280.48 2. Sales Tax on Materiais 8.50 of line 1 3. Direct Labor 4. insurance, W/Comp, Taxes, and Fringe Bene?ts 36 of line 3 5. Rentai Equipment 6. Sales Tax on Rentat Equipment 8 of line 5 7. Owned Equipment 8. SUBTOTAL (add liees 1?7) 9. Generai Contractor Overhead 5 of line 8 10. SUBTOTAL (add lines 8 9) 11. General Contractor Profit 10 of line 10 12. SUBTOTAL (Add Lines 10 a 5,710.38 Prime Remarks: SUB-CONTRACTORS WORK 13. Direct Materials I. 14. Sales Tax on Materiais 8.50 of line 13 15. Direct Labor 16. insurance, W/Comp, Taxes, Fringe Benefits 36 of line t5 t7. Rentai Equipment i8. Sales Tax on Rentat Equipment 8.50 of iine 17 Equipment Ownership and Operating Expenses 20. SUBTOTAL (Add Lines 13-? 8) 21. Overhead and Profit i5 of line 21 22. SUBTOTAL (Add Lines 20 21) Sub-contractor?s Pemarks: SUMMARY 23. Prime Contractor's Work (from line 12) 24. Sub-contractor's Work (from line 22) 25. SUBTOTAL (add lines 23 24) 26. Prime Overhead on Sub?contractor 5 of line 24 27. SUBTOTAL, (add lines 25 8: 26) 28. Prime Coetractcr's Bond Premium 2.50 of line 27 29. TOTAL COST (Add Lines 30 8: 31) Estimated time extension and justi?cation: DAYS 10115f2018 HSCC, Inc Date Accepted by: Signature Conan Construction, inc. Date Page 4 of 32 Just Construction, inc. Page 1 of 2 CONTRACT TITLE: Ocean View Hills SYSD BREAKDOWN OF DIRECT COSTS 01 DATE: October 15, 2018 ITEMS OF WORK FOR Prime Contractor QTY UNIT MATERIALS LABOR EQUIPMENT Unit Cost Total Cost Unit Cost Total Cost HR Rate Total Credit 6 Each NDS Atrium Drain Kits HRS -$349.68 $349.68 105.06 0.00 Procure (Submit, Fabricate, Deliver) 6 Each 12" Concrete Diop Inlets (Non Traf?c Rated Grates) 6.00 EA $438.36 2,630.46 420.24 420.24 Set and Piumb 6 Conc Drop inlets (F450, Mini Ex or Bobcat Labor GGZ X2, Operator 8.00 HRS $0.00 175.10 1,400.80 DIRECT Prime Contractor's MATERIALS TOTALS 5 2,280.48 DIRECT Prime Contractor's TOTALS 1 ,821.04 Total OF WORK FOR Sub-contractor QTY UNIT MATERIALS LABOR COST EQUIPMENT Unit Cost Totai Cost Rate Totai DIRECT Sub?contactor's TOTALS rage: 1 .4 I 62993-69699} Subtotal I Total (Rental) Total (Owned) t4BiI 0f32 ?ust Construction, Inc. ESTIMATE FOR CONTRACT MODIFICATION Page 2 of 2 Operator GP 4 70.04 Carpenter 59.74 Labor GP 2 52.53 Cement Mason 54.10 Steel 63.85 Brickiayer 54.25 Brick Tender 49.19 Ten Wheeler Dump Truck $55.69 Case Super 580 Backhoe $34.41 Bobcat 570 $21.70 Bobcat 8176 $33.21 Ford {?1450 Crew Truck $28.17 Cat Mini Excavator 308 $54.03 Concrete Saw ZOHP $15.09 Concrete Mixer $12.63 10K $54.17 THOMSEN 14 pump w/36 boom $162.93 14B.8 Page 6 0f 32 RUBENSON ELECTRIC Electrical Contractors, Lic. 429995 69?~6040 Fax: (619) 463-2577 8871 Troy Street, Spring Vailey CA 9197? CHANGE ORDER REQUEST FORM #1 SubcontraCtor: ROBINSON ELECTRIC Trade: ELECTRECAL Project: OVH VDM - 2 site portable addition Job#: 1810?! Date: 7i20i?2018 Description; RFI 1 Relocate conduit for building R49 PER ATTACHED BREAKDOWN INV. . Subcontractor?s Subcontractor A. Attach subcontractor?s labor and material breakdown. (in same format as prime subcontractors' breakdown) B. Mark up exclusive of tax) Total lines A 8 il. Subcontractcr?s Material A. Attach itemized material breakdown 1,196.21 B. Mark up C. Tax (exclusive of mark up) 715% Total Sines 1,288.92 Sebcontractor?s Labor A. Classification: FOREMAN Rate: 77.30 xHrs: 28.26 2,184.50 8. Mark up C. Classi?cation: JOURNEYMAN Rate: 72.68 Hrs: 3.53 256.56 E). Mark up E. Ciassi?catien: APPRENTICE Rate: 47.20 xHrs: 3.53 166.62 F. Mark up Total lines A through 2,607.6? IV. MISC. COSTS A. Type: OTHER 0.00 8. Mark up C. Type: MISC ADMIN COST Rate: 1 0. Mark up Total lines A through 0 Pro?t 10% Signature: Total of Change Requestz$ 4,286.25 ms ABOVE SUBJECT To cosr CHANGES IF NOT ACCEPTED wwam FIVE DAYS. ADDITIONAL CONTRACT was REQUIRED FOR ms CHANGE: DAYS 143,8 Page 7 of 32 Tf20f2018 9:32:43 AM Item ?Description WC 2 PVC Elbow 2" . wiBolt THHN cu Stranded Wire . 1' THHN cu stranded w?m 12'Wx30?DHand Dug Tfench RockySo? 000 Trade Price, Labor ooiumn 3 SYSD Ocean View Ocean View reiocate feeder to R49 Job Number: 607174 Bid Summary: Default Extension By Section Quantity IPrice .51 300 3 30794 1 Ext Price Labor Hr Page 1 ?itzuab San Diego Asphalt and Change rder EPA ID CAL000355562 12512 Highway 67 Date Change Order Lakeside, CA 92040 CL 642346, 1007085 8/13/2018 201860802 (619) 390?7323 (619) 390-7328 FAX Name Address Job Location Conan Construction Otay Elementary School 1440 Coolidge Del Sol National City, CA 91950 San Ysidro PD. No. Rep Thomas Guide Project 60802 MD3 Previous ADA Change Order (Grinding) Description Qty Cos? TotaE Additional asphait needed, due to the change to make ADA parking area compliant Material $1,261.00 $1,261.00 Labor: 4 Men 2 Hours 8 Hours $67.37 $538.96 $538.96 Seal wiil not adhere to gas or oil. Power steering turns from stationary vehicles will tear the seal new asphalt 0116(1) year warranty on Asphalt Seal This estimate is vaad for oniy 30 days Total $1 800 00 Work requiring "Plant Operation? is to be performed Monday thru Friday excluding Holidays Our bid is based on Payment on Completion. For i?ayments that take longer, there are additional charges of 10% every 15 days, unless otherwise stipulated. Signature 148.8 Page 9 of 32 Change Order Number: 2 R3 'Waerarro Change Order Date: 10/23/2018 531 Encinitas Bivd, Suite 202 Project Number: 18111 Encinitas, CA 92024 Date of Contract: 5/16/2018 760.512.1188 CHANGE ORDER REQUEST Project: Ocean View Hills Subcontractor: HSCC Master Hatco Pathway San Diego Asphalt UUI Walters The Contract is changed as foliows: OVH HSCC - Remove and Replace sidewaik as per $21,323.49 HSCC - Add Additional Sidewalk as per and Additionai Curb as directed in the ?eld $11,022.42 HSCC Provide irrigation Sleeve and Irrigation Valve Box $3,984.08 Pathway Hang Customer provided with boards (no cabling) $836.00 Pathway install USB Extensions to Customer SMART Boards $2,219.14 San Diego Asphalt - Purchase, deiiver and install 17 tons of 3/4" Gravel $1,700.00 - Additional Potholing $11,659.89 Walters - Paint New Flashing $1,595.00 Master Halco - Fencing Material $983.30 Master Halco - Fencing Labor 32 hours $66.12 $2,115.84 Conan Flashing Material $351.20 Conan Ftashing Labor 16 hours $67.23 $1,075.68 Prime Contractor Profit 5% $2,943.30 The Contract Sum will be increased by this Change Order in the amount of $58,866.04 The Contract Time will be increased/decreased by 0 days eta? vafid smart sigaeat tag; at! garages begow. CONAN CONSTRUCTEON, SAN YSIDRO SCHOOL 531 Encin/tas Blvd, Suite 202 Address Address Encinitas, CA 92024 City, State, Zip City, State, Zip 10/18/2018 Date Date 143.8 Page 10 0f 32 - Signature Signature Shanno aurer Print Name Print Name 14B.8 Page 11 of 32 PROPOSAL I ESTIMATE FOR CONTRACT MODIFICATION Contract No. 18002-00 CONTRACT TITLE: Ocean View Hills - SYSD PROJECT ADDRESS Def Sol Bivd, San Diege CA 92154 10/15/18 091?18/18 Rev Date: OriginaE Date: 1. Direct Materials 4,709.47 2. Sales Tax on Materials 8.50 of line 3. Direct Labor 4. Insurance, W/Comp, Taxes, and Fringe Bene?ts 35 of tine 3 5. Rental Equipment I 6. Sales ?Fax on Rental Equtpment 8 of iine 5 7. Owned Equipment 8. SUBTOTAL (add Eines 9. General Contractor Overhead 5 of fine 8 - to. SUBTOTAL. (add line38&9) . 4 4_ 11. General Contractor Profit 10 of fine 10 12. SUBTOTAL (Add Lines 10 11) 21.323.49 Prime Remarks: SUB-CONTRACTORS WORK 13. Direct Materials - 14. Sales Tax on Materials 8.50 of line 13 15. Direct Labor ., ,5 16. Insurance, W/Comp, Taxes, Fringe Benefits 36 of line 15 17. Rental Equipment 18. Sales Tax on Rental Equipment 8.50 of line 17 19. Equipment Ownership and Operating Expenses 20. SUBTOTAL (Add Lines 13?18) 21. Overhead and Profit 15 of line 21 22. SUBTOTAL (Add Lines 20 8t 21) Sub?contractor's Remarks: SUMMARY 23. Prime Contractor?s Work (from line 12) 24. Subucontraotor's Work (from line 22) 25. SUBTOTAL (add tines 23 a 24) 26. Prime Overhead on Sub?contractor 5 of line 24 27. SUBTOTAL (add tines 25 a 26) 28. Prime Contractor's Bond Premium 2.50 of line 27 29. TOTAL COST (Add Lines 30 8: 31) Estimated time extension and justi?cation: DAYS 10I15l2018 HSCC, Inc Date Accepted by: Signature Conan Construction, Inc. Date 14B. 8 Page 12 of 32 Page of 2 CONTRACT TITLE: Ocean View - SYSD COR 02 DATE: October 15, 2018 BREAKDOWN OF DTRECT COSTS ITEMS OF WORK FOR QTY UNIT MATERIALS LABOR EQUIPMENT Prime Contractor Unit Cost Total Cost Unit Cost Total Cost 0 RR Rate Total inayout, Verify E?evation5 (F550 Utility, CARPXZ, GLx?i) 4.00 HRS $0.00 172.01 688.04 4.00 Saw Cut Curb and Sidewalk (F550 Uti?ity, CMasoan) HRS 108.20 0.00 3 28.17 Remove Concrete Curb and Concrete Sidewalk (F550, Bobcat and Breaker, 12'00 HRS 736.56 Dispose of Concrete Rubble (10 Wheel Dumptruck OPGRP4X1) 4.00 HRS 70.04 280.16 4.00 55.69 222.76 Sump Fees 1.00 LS 200.00 1,200.00 1.00 - 232.34 2,788.08 12.00 3 61.38 Fine Grade F550 Utiliy, Bobcat, OPGRP4X1, GLX4) HRS $0.00 280.16 0.00 33.21 is b,G it .S'd ik F550 Ut'i't CARP 4 8.00 HRS er iewa 5? ?y X) $482.67 $462.67 179.22 2,433.76 26.17 - No Reinforcemn: HRS $0.00 6 0.00 28.37 Place Concrete (F550 Utiliy, 8.90 HRS $3,046.80 $3,045.80 27050 2,164.00 3.00 .. Concrete Pump (Equipment) 1.00 LS 1.0 ?30030 Strip, Final Clean, Rub, Sack, and Patch F550 Utiliy, Bobcat, 2.00 HRS $50.00 19?.55 383.10 2.00 33.21 66.42 DIRECT Prime Contractor's MATERTALS TOTALS 4,709.47 DIRECT Prime Contractor's TOTALS 5 7,737.14 Total 2,825.74 ITEMS OF WORK FOR QTY UNIT MATERIALS LABOR COST EQUTPMENT Sub-contractor Unit Cost Total Cost 0 Rate Total I f?UEEf-i??w I 556953630? DIRECT Sub-contactor's TOTALS Subtotai - Total (Rental) 6969 Total (Owned) Page 13 of 32 MRS ESTIMATE FOR CONTRACT MODIFICATION Page 2 of 2 Operator GP 4 70.04 Carpenter 59.74 Labor GP 2 52.53 Cement Mason :3 54.10 Steel 63.85 Bricklayer 54.25 Brick Tender 4919 Ten Wheeler Dump Truck $55.69 Case Super 580 Backhoe $34.41 Bobcat 570 $21.70 Bobcat 3176 $33.21 Ford F450 Crew Truck $28.17 Cat Mini Excavator 308 $54.03 Concrete Saw 2OHP $15.09 Concrete Mixer $12.63 10K Sky?track $54.17 THOMSEN 14 pump w/36 boom $162.93 148.8 Page 14 of 32 PR0908AL ESTIMATE FOR CONTRACT Contract No. 18002-00 CONTRACT TITLE: Ocean View Hills - SYSQ PROJECT Del Sol Blvd, San Diego CA 92154 10I15118 89/18/18 Rev Date: Original Date: 1. Direct Materials 2. Sales Tax or: Materials 8.50 of iine 3. Direct Labor 4. insurance, W/Cemp, Taxes, and Fringe Bene?ts 36 of iine 3 5. Rental Equipment I. 6. SaEes Tax on Rental Equipment 8 of fine 5 7. Owned Equipment 8. SUBTOTAL (add fines 1?7) 9. General Contractor Overhead 5 of line 8 10. SUBTOTAL (add lines 8 a e) General Contractor Profit 10 of Eine 10 SUBTOTAL (Add Lines 10 11) 11,022.42 Prime Remarks: WORK 13. Direct Materials - 14. Saies Tax on Materials 8.50 of 13 15. Direct Labor - 16. insurance, W/Comp, Taxes, Fringe Benefits 36 of line 15 Rental Equipment 18. Safes Tax on Rental Equipment 8.50 of line 17 19. Equipment Ownership and Operating Expenses I. 20. SUBTOTAL (Add Lines 13?18) 21. Overhead and Profit 15 of iine 21 22. SUBTOTAL (Add Liees 8: 2'1) I Sub?contractor's Remarks: 23. Prime Contractor's Work (from line 12) 11,022.42 24. Sub?contractor's Work (from iine 22) 25. SUBTOTAL (add lines 23 a 24) 26. Prime Overhead on Sub?contractor 5 of iine 24 27. SUBTOTAL (add lines 25 a 26) 28. Prime Contractor's Bond Premium 2.50 of tine 27' 29. TOTAL COST (Add Lines 30 8: 31) Estimated time extension and justification: DAYS 10/15/2918 HSCC, inc Date Acceyted by: Signature Conan Construction, Inc. Date 143.8 Page 15 0f 32 age 1 ot2 CONTRACT Ocean View Hills - SYSD BREAKDOWN OF DIRECT COSTS COR 03 DATE: October 15, 2018 ITEMS OF WORK FOR Prime Contractor QTY UNIT MATERIALS LABOR EQUIPMENT Unit Cost Total Cost Unit Cost Total Cost HR Rate Total Layout, Verify Eievations (F550 Utility, GLxl) 4.00 HRS $0.00 172.01 688.04 28.17 Pfocure additional Material for Curb 8.00 E-IRS $587.20 $587.20 52.53 420.24 8.00 28.17 225.36 Form Curb and walk (F550 Utility CARPX4) 6.00 HRS $0.00 238.96 1,433.76 6.00 28.17 169.02 Place Reiaforcemnt (F550 Utility, SteelWorker x4) 4.00 $384.82 $384.82 280.16 1,120.64 4.00 28.17 112.68 Place Concrete (F550 Utiliy, CMASNXB) 2.00 HRS $384.64 $384.64 432.80 865.60 2.00 28.17 56.34 Finish Concrete ($550 Utility, 2.00 HRS 108.20 8 216.40 2.0 28.17 56.34 Strip, Final Clean, Rub, Sack, and Patch F550 Utiliy 3.00 HRS $50.00 $50.00 210.12 8 630.36 3.00 28.17 84.51 DERECT Prime Contractor's MATERIALS TOTALS 1,406.66 DERECT Prime Contractor's TOTALS 5,375.04 Total 704.25 ETEMS OF WORK FOR Sub-contractor QTY MATERIALS LABOR COST EQUIPMENT Unit Cost Total Cost Rate Totai DIRECT Submontactor's TOTALS 696999-6999- 6969'699369 Total (Rental) Total (Owned) 69-3} age 16 of 32 14B.8 ESTIMATE FOR CONTRACT MODIFICATION Page 2 of 2 Operator GP 4 270.04 Carpenter 59.74 Labor GP 2 52.53 Cement Mason 54.10 Steel 63.85 Bricklayer 35 54.25 Brick Tender 49.19 Ten Wheeler Dump Truck $55.69 Case Super 580 Backhoe $34.41 Bobcat 570 $21.70 Bobcat 8176 $33.21 Ford Crew Truck $28.17 Cat Mini Excavator 308 $54.03 Concrete Saw ZOHP $15.09 Concrete Mixer $12.63 10K $54.17 THOMSEN 14 pump w/36 boom $162.93 14B.8 Page 17 cf 32 ESTIMATE FOR CONTRACT MODIFICATEON Contract No. 18002-00 CONTRACT TITLE: Ocean View Hills - SYSD PROJECT ADDRE I SS: Del Sol Blvd, San Diego CA 92154 Rev Date: 10/15/18 Original Date: 09? 0/18 . Direct Materials . Saies Tax on Materials . Direct Labor . insurance, W/Comp, Taxes, and Fringe Benefits . Rental Equipment . Safes Tax on Rental Equipment . Owned Equipment . SUBTOTAL (add lines t-T) . Genera! Contractor Overhead 10. SUBTOTAL (add tines 8 8: 9) 11. General Contractor Profit 12. SUBTOTAL (Add Lines to tt) - 8.50 0/a of line 1 36 of line 3 8 cum 5 8.00%_ Mommas-? 10% mine 10-? 3,449.42 3,984.08 Prime Remarks: 13. Direct Materials 14. Saies Tax on Materials 15. Direct Labor 16. insurance, W/Comp, Taxes, Fringe Benefits 17. Rentai Equipment 18. Safes Tax on Rental Equipment 19. Equipment Ownership and Operat?ng Expenses 20. SUBTOTAL (Add Lines 13-18) 21. Overhead and Profit 22. SUBTOTAL (Add Lines 20 21) Sub?contractor's Remarks: SUB-CONTRACTORS WORK 8.50 of line 13 36 of line 15 8.50 of line 17 15 of line 21 23. Prime Contractor's Work (from line 12) 24. Sub-contractor's Work (from line 22) 25. SUBTOTAL (add ltnes 23 24) 26. Prime Overhead on Sub-contractor 27. SUBTOTAL (add lines 25 26) 28. Prime Contractor's Bond Premiem 29. TOTAL COST (Add Lines 30 8 31) SUMMARY 3,984.08 3,984.08 3,984.08 3,984.08 5 of line 24 -E- 2.50 of line 27 Estimated time extension and justification: DAYS 09/10118 HSCC, Inc Date Accepted by: Signature Conan Construction, inc. Date Page 18 of 32 Page 1 of2 CONTRACT TITLE: Ocean View Hiils - SYSD BREAKDOWN OF DERECT COSTS COR 04 DATE: October 15, 2018 ITEMS OF WORK FOR Prime Contractor QTY UNIT MATERIALS LABOR EQUIPMENT Unit Cost Total Cost Unit Cost Total Cost HR Rate Total Procure, Fabriate Deliver PVC Sleeve and Valve 80x 4.00 $0.00 52.53 210.12 28.17 09/06/2018: Excavate and Install lirigation 2" PVC (350 LF) Operator X1, Labor X2, F450, Bobcat, Mini-Excavator) 3.00 $193.50 580.50 227.63 682.89 3.00 3 82.20 246.60 Instali lrrigation Valve Box 0.50 $166.47 175.10 87.55 0.50 82.20 33 4?.10 Backfill and compact 2.50 227.63 569.08 2.50 169.44 423.60 $0.00 DIRECT Prime Contractor?s MATERIALS TOTALS 580.50 DERECT Prime Contractor's TOTALS 1,549.64 Total 711.30 ITEMS OF WORK FOR Subcontractor QTY UNIT MATERIALS LABOR COST EQUIPMENT Unit Cost Total Cost 0 Rate Totat DIRECT Sub-contactor's TOTALS I Subtotal 2963696939 Total (Rental) Totai (Owned) age 1) 32 4B.8 ESTIMATE FOR CONTRACT Page 2 of 2 Operator GP 4 7004 Carpenter 5974 Labor GP 2 52.53 Cement Mason 54.10 Steel 63.85 Brickiayer 54.25 Brick Tender 49.19 Ten Wheeler Dump Truck $55.69 Case Super 580 Backhoe $34.41 Bobcat 570 $21.70 Bobcat 8176 $33.21 Ford F450 Crew Truck $28.17 Cat Mini Excavator 308 $54.03 Concrete Saw ZOHP $15.09 Concrete Mixer $12.63 10K $54.17 THOMSEN 14 pump w/36 boom $162.93 143.8 Page 20 of 32 To From Date: Protect: Description: Quote it Delivery Includes TC Johnson Paul Robinson 101212018 Ocean View Time and Materials change order to instati USB extion cables Enstall USB extensions to Cast SMART Boards ASAP NA Proposal 10122018-002PJR Paut Robinson 12740 Danielson Ct., Suite Poway CA 92064 QauErQQcomuscom Mobiie (853) 8055108 Caiifornia Of?ce (858) 324-1036 Fax (853) 430-9459 Nevada Office {702) 56845517 Fax (702) 446-0325 Texas Ottice {972) 436-6161 Fax {972) 43641421 Pathway Communications CA Lie C7 #868539 Exp: 12131117 CA DIR Beg #1090001958 EPSON, EXTRON, ORTHONICS, LIE-ZVITON CERTIFIED i Time and Materials Change Order 200 Cat 6 Cats cable 0.80 160.00 RJ45 Cat 6 Catt-3 female jacks 12.00 96.00 Cat610' 10' Cats patch cabies 18.00 144.00 6' USB AB 6' to USB-B cables 22.00 88.00 Usb Ext CatG USB H345 extension adapter (item code: 1 25.00 500.00 SB Cut in single gang mud rings 15.00 60.00 SG Wailplate 1 port single gang data plates. 93-69596969?99-69 18.00 72.00 Labor pathway 1 men 8 hours tolnstall USB extensions in 4 rooms 95.00 760.00 Page 21 of 32 14B.8 Materials labor Sub?Total Freight (additional for Whiteboards) tax Total Time and Materials Change Order Subcontractor 1,120.00 760.00 45.00 92.40 2,017.40 201.74 TOTAL: 2,219.14 Page 22 of 32 1433 To: From: Date: Project: Description: Quote Delivery Includes TC Johnson Paul Robinson 10/5/2018 Ocean View Time and Materials change order to hang the interactive boards Hang Customer provided white boards (no cabling) ASAP NA reposai 1 005201 8-001PJ Fl Paul .3 Robinson 12740 Danielson CL, Suite Poway CA 92064 Mobile (858) 805-5108 Catifornia Of?ce (858} 324-1036 Fax (850) 430-9459 Nevada Office (702) 568-6517 Fax (702) 446-0325 Texas Office (972) 436-6161 Fax (972) 436-0421 Pathway Communications LTD CA Lic C7 #868539 Exp: 1201/17 CA Reg #1000001958 EPSON, EXTHON, ORTRONICS, LEVITON CERTIFIED Time and Materials Change Order 8 pathway 2 men 4 hours to hang customer provided Smart Boards 95.00 "760.00 labor Sub-Total Freight (additional for Whiteboards) tax Materials Total Time and Materials Change Order Subcontractor 760.00 NA Na 760000 760.00 76.00 TOTAL: 836.00 San Diego Asphalt and Change Order EPA ID CAL000355562 12512 Highway 67 Date Change Order Lakeside, CA 92040 CL 642346,1007085 9/14/2018 2018?60975 (619) 390-7323 (619) 390-?7328 FAX Name Address Job Location Conan Construction Otay 1440 Coolidge Del Sol National City, CA 91950 San Ysidro P.O. No. Rep Thomas Guide Prog?ect 60975 Previous Gravel Description Qty Cost Total Please note that our bid is hased on measurements supplied to us, or take offs that have been done off of plans or from a site visit. Should your company have a contract package for our services, our proposal must be used as an exhibit for the services to be performed. Any work not iisted on our proposal, is either a change order or a new contract must be drawn to refiect the additional scopes. Should the work be performed due to time iogistics it is agreed that authorization has been given either in the ?eld or at your corporate head quarters, and wili be billed fairly and proportional to our pricing structure. Any changes made to the schedule must be made within 72 weekday hours. Any changes made with less than 3 business days wili be assessed a $500.00 administrative fee. Hot asphalt has been known to germinate grass seed. This is something beyond our control. Should you see grass shoots coming through use Round up or simiiar weed killer. This wilt not hurt the asphalt. Shouid any additional charges be incurred for Additional Insured requests, increased liability limits, or Waiver of Subrogation requests, these expenses will be passed on to the requester as a change order. Exact sample of verbage must be supplied before request to our Insurance Agent wiil be authorized. We carry the amounts required by the CSLB. Any insurance with higher limits, could incur extra expenses that will be passed onto requester. Asphalt and Concrete work are guaranteed for a period of (1) year. Piease read all limitations or exclusions in other waivers iisted. Seal coat is aiso guaranteed but understand it is a wearing course. Seal should be done between 2 and 4 years for best maintenance based on amount of traf?c. 0.00 Seal will not adhere to gas or oil. Power steering turns from stationary vehicles will tear the seal new asphalt One( 1) year warranty on Asphalt Seal This estimate is valid for only 30 days Total Work requiring "l?lant Operation" is to be performed Monday thru Friday excluding $1,700.00 Holidays Our bid is based on Payment on Completion. For Payments that take longer, there are additional charges of 10% every 15 days, unless otherwise stipulated. Page 2 Signature 14B.8 Page 23 of 32 116$ 6102 Harness Street, Suite 8, Spring Va?ey, CA. 91977 'Phone: 61946149569" August 31, 2018 Conan Construction Fax: 6194619395 1113336130111 Change Order Request 531 Encinitas #202 San Ysidro Schools Encinitas, CA 920024" UUI Job #851 Attn.: TC Johnson Phone: (619) 765?8780 Email: tiohnson@conanconstruction.com Re: San Ysidro Schools/Ocean View Hills Elementary item Unit Total No. Description Quantity Price Amount 1. Extra Labor for Potholing - Exixtng Line Not Found at 1 LS $1,130.56 $1,130.56 Location Shown on Drawings. Had to Perform Exploratory Potholing to find Line then Follow Line to Determine Location for New Connection. 2. Extra Labor 8: Equipment - Excavation for Additional 1 LS $1,415.44 $1,415.44 Thrust Blocks, Piping,Fittings 3. Extra Labor 8t Equipment - Backfill for Additional 1 LS $1,061.58 $1,061.58 Thrust Blocks, Piping,Fittings 4. Extra Labor 8: Equipment Compaction for Additional 1 LS $1,061.58 $1,061.58 Thrust Blocks, Piping,Eittings 5. Extra Labor - Assemble and Place Piping and Fittings. 1 LS $423.96 $423.96 6. Extra Materials Required Due to Alignment of FDC 10? 4" Stainless Steel Saddle 1 EA $74693 $746.93 4" Flange Flange Tap Valve 1 EA $55622 $556.22 4" Flange Adaptor 1 EA $38-19 $38.19 4" Nuts, Bolts and Gasket 1 EA $10-83 $10.83 4" Kit 1 EA $18-94 $18.94 4? PVC C900 Pipe 8 LF $5.41 $43.30 4? Flange 45? Bend 1 EA $67-12 $67.12 Page 1 of 2 14B.8 Page 24 of 32 4" Flange Flange Bend Additional Bedding Materials Additional Thrust Blocks (Concrete and Install) 7. Credit Back Original Material - 6 4 Tap Saddle (No Longer Required) 8. FDC Installation (Optional Bid on Orig. Quote) 9. Deduct for Substituted Check Valve Box Savings SUBMITTED BY: Underground Utilities, Inc. Michael Harness, President Page 2 of 2 1 EA $95.26 $95.26 4 TNS $40.00 $160.00 3 EA $200.00 $600.00 ~1 EA $380.00 -$380.00 1 LS $4,100.00 $4,100.00 1 LS ~$550.00 $550.00 Total: $10,599.90 $1 359.99 TOTAL: $11,659.89 RECEIVED APPROVED BY: Company: Signature: Printed Name: Title: 148.8 Page 25 of 32 Walters Painting Po Box 2119, Lakeside Ca 92040 619?443-1051 Fax619-390-6746 kwalte6@aol.com Ca. license #810323 reg. #1000007850 Proposal September 7, 2018 Conan Construction. Attn- TC johnson. Project: Ocean View HilEs school. Scope: Clean, prep and paint new exterior conduit and new sheet metal flashing at two sets of portables (total of 6 portables). Flashing $1,450.00 $145.00 TOTAL: $1,595.00 Thank You, Kit Walters - celE# 619-454-2177 Prices good for 30 days 1413.8 Page 26 of 32 San Diego Asphalt and Change Order EPA ID CAL000355562 12512 Highway 67 Date Change Order Lakes1de, CA 92040 CL 642346, 1007085 9/14/2018 201860975 (619) 390-7323 (619) 390-7328 FAX Name /Address Job Location Conan Construc?on Otay 1440 Coolidge Del Sol National City, CA 91950 San Ysidro PC. No. Rep Thomas Guide Project 60975 Previous Gravel Description Qty Cost Total Purchase, deiiver and instail 17 tons of3/4" gravel (Grey) EAMe?ai 70000 $70000 labor $Lo7192 3.6 $67.37 4 Men 4 Hours Totai $1,700.00 Signature Page 1 Page 27 of 32 TO Master-Halco, inc. PO Box 207543 DaliaS, TX 75320-7543, USA Recipient Conan Construction inc. 1440 Coolidge Ave National City CA 91950?4422 347721 INVOICE 191088188 Order no 1000082379 PO OCEANVIEW Job no Due date 10/13/18 Payment terms 30 days net Cash disc term 1% 15 days Delivery date Delivery method 09/13/18 PKP inv qty Item number Description Net price Amount Delivery no 7000188373 Delivery date 09/13/18 3 807122 1 5/8" 8186119 POly. EA- 1 421 3. 87:- 48 8951-12; 1 37/87:? 24' DQ40 -_Pelyestlf_Blkl, FT- 3 09 .148. 32,- Cut into 8' Customer needs to take drop 40 800042 2 TenSIon Band Poly EA 0.82 24.80 10 60.6842: 2 3/3" Brace Band. 9on 81k EA- {0.63: 10 807972 114x 3/4x 48" Tensron Ber. EA '3 3470} 803922 1 7I8x1 5/8 Top Poly EA 1.44; 8. 84'. 25 0.07.238 Concrete Mix 80 L88 3500 PSI EA. 47* '88 75 100 010702 5I18x1 1/2 Carriade? Belt Vii/Nut 0.14 '14; 003- Deiivery no 7000170590 Deiivery date 09/13/18 100 054417 2" 110a 8' KK 1.202 GAW FT 2.45 245.00 Deiivery no 7000170888 Delivery date 09/13/18 100 055404 2" 9qa 4' KK 1202 GAW FT 233 233.00 Delivery no 7000174045 Deiivery date 09/13/18 100 010702 1/2 Carriage Bolt w/Nut EA 0.14 14.00 100 825882 8 1/2" 903 Steel Tie w/Hk EA 0.08 8.00 Delivery no 7000174402 Delivery date 09/13/18 105 8751102 5/8x21 PE C8220 Poiyester FT 1.98: 205.80 100 488008 4' KK FUseBond 4.53 483.00? Delivery no 7000174520 Delivery date 09/13/18 Total: $983130 Delivery Address 153 San Diego (800) 333.5155 (619) 5904967 Conan Construction lnc., 485 Raleigh Ave. El CAJON CA 920208137, United States Page: 1 (2) Customer Customer name 347721 Conan Construction Inc. REMIT 1?0 Master-Halco, Inc. PO Box 207543 Dailas, TX 75320-7543, USA Check number Check amount Page 28 of 32 Change Order Number: 3 R1 'Wnemoro - Change Order Date: 10/23/2018 531 Encinitas Blvd, Suite 202 Project Number: 18-? 11 Encinitas, CA 92024 Date of Contract: 5/16/2018 760.512.1188 CHANGE ORDER REQUEST Project: Vista Del Mar Subcontractor: HSCC The Contract is changed as foilows: Vista Del Mar Add 2 Additionai Downspouts Connections to Proposed Storm Drain at Vista Dei Mar. $6,448.50 Prime Contractor Profit 5% $322.43 The Contract Sum will be increased by this Change Order in the amount of $6,448.50 The Contract Time will be increased/decreased by 0 days Not valid until signed by all parties below. CONAN CONSTRUCTION, INC. SAN SCHOOL DISTRICT 531 Encinitas Blvd, Suite 202 Address Address Encinftas, CA 92024 City, State, Zip City: State, Zip 10/1 7/20 7 8 Date Date . nay/w" Signature Signature 1 ShannWaurer Print Name Print Name 14B.8 Page 29 0f 32 ESTIMATE FOR CONTRACT Contract No. 18002?00 CONTRACT Vista Del Mar - SYSD PROJECT ADDRESS: Del Sol Blvd, San Diego CA 92154 i Rev Date 10115118 Original Date 9118I2018 1. Direct Materials 2. Sales Tax on Materiais 3. Direct Labor 4. insurance, W/Comp, Taxes, and Fringe Bene?ts 5. Rental Equipment 6. Sales Tax on Renta! Equipment 7. Owned Equipment 8. SUBTOTAL (add lines 1~7) 9. General Contractor Overhead 10. SUBTOTAL (add lines 8 9) 11. Generai Contractor Profit 12. SUBTOTAL (Add Lines 10 11) 8.50 of line 1 36 of line 3 I. 8 of line 5 8.00% 5 of line 10 crime 10 5 5.86227 6,448.50 Prime ?emarks: SUB-CONTRACTORS WORK 13. Direct Materials 14. Sales Tax on Materials 15. Sirect Labor 16. insurance, W/Comp, Taxes, Fringe Benefits 17. Rental Equipment 18. Sales Tax on Rental Equipment 19. Equipment Ownership and Operating Expenses 20. (Add Lines 1348) 21. Overhead and Profit 22. SUBTOTAL (Add Lines 20 8.50 of line 13 8.50% 36 of line 15 l- 8.50 ofline17 ?8.58 E- 15 01? iine 21?? Sub~contractor's Remarks: 23. Prime Contractor's Work (from line 12) 24. Sub?contractor's Work (from iine 22) 25. SUBTOTAL (acid lines 23 8: 24) 26. Prime Overhead on Sub~contractor 27. SUBTOTAL. (add lines 25 26) .28. Prime Contractor's Bond Premium 29. TOTAL COST (Add Lines 30 8. 31) SUMMARY 6,448.50 3; .. 6,448.50 6,448.50 8,448.50 5 of line 24 2-50 of line 27 Estimated time extension and justi?cation: DAYS 10/15/2018 HSCC, Enc Date Accepted by; Signature Conan Construction, Inc. Date Page 30 of 32 Page 1 of 2 Page 31 of 32 CONTRACT TITLE: Vista 021 Marl Ocean View - SYSD BREAKDOWN OF DIRECT COSTS COR 05 DATE: October 15, 2018 ITEMS OF WORK FOR Prime Contractor QTY UNIT MATERIALS LABOR EQUIPMENT Unit Cos: Total Cost Unit Cost Tota I Cost HR Rate Total Procure pipe, fittings, connectors, tie-in, 90 elbows, 45 elbows (2 Tie-In, 60 LF Piye) (F550 Utlii?y, 2.00 HR $886.80 $886.80 52.53 105.06 28.17 Lay?out F550, Carpxl, GLX2) 3.00 HR 164.80 69 494.40 28.17 Excavate F550 Utility, Mini-Ex, OPGRP4X1, GLX2) 6.00 HR 175.10 1,050.60 6.0 82.20 493.20 Plumb and Pipe (F550 Utility. 4.00 HR 105.06 5 420.24 4.0 28.17 112.68 Test P?pe HR 52.53 0.0 28.17 Back?ll, Recompact (0:550 Utility. Bobcat S176, 1OPGRP4X1, GLX2) 4.00 HR 175.10 700.40 4.0 61.4 245.52 DIRECT Prime Contractor?s MATERIALS TOTALS 886.80 DIRECT Prime Contractor's TOTALS 2,770.70 Total 851.40 ITEMS OF WORK FOR Sub-contractor QTY UNIT MATERIALS LABOR COST EQUIPMENT Unit Cost Total Cost Rate Totaf you Sub-contactor's TOTALS Subtotal 6969696969 9969636963- Total (Rental) TotaE (Owned) ESTIMATE FOR CONTRACT Page 2 of 2 Operator GP 4 70.04 Carpenter 59.74 Labor GP 2 52.53 Cement Mason 54.10 Steel 63.85 Bricklayer 54.25 Brick Tender 49.19 Ten Wheeler Dump Truck $55.69 Case Super 580 Backhoe $34.41 Bobcat 570 $21.70 Bobcat 8176 $33.21 Ford Crew Truck $28.17 Cat Mini Excavator 308 $54.03 Concrete Saw 20HP $15.09 Concrete Mixer $12.63 10K Sky?track $54.17 THOMSEN 14 pump w/36 boom $162.93 14B.8 Page 32 of 32 SAN YSIDRO SCHOOL GOVERNING BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 ft 5 a VIA: Gina A. Potter, FROM: INITIAL: geriatric Superintendent Business Services l:i Informational Marilyn Adrianzen, Chief Business Of?cial iXi Action AGENDA ITEM: AGREEMENT WITH DATEL SYSTEMS INC. BACKGROUND: The modernization project at La Mirada and Sniythe Schools provided that cellular service be used for security service communication. The District wishes to evaluate the re-establishment of one or two analog lines at each site. Therefore, the current state of the analog system needs to be evaluated and a recommendation made as to necessary work to reestablish the analog service. The District has reached out to Datel Systems Inc. to identify and determine the current conditions and report back on needed work to re-establish service. RECOMMENDATION: Approve the agreement with Datel Systems Inc. to provide professional services to identify the current analog telephone line condition at La Mirada and Schools at a cost up to $1,040.00 from the General fund. LCAP GOAL AND (please indicate): Goal No. 2: Base Services and Safety 2.1 Maintain basic operating services of the district including MOT personnel, transportation, contracted services, and utilities. Renewal New CI Amendment El Ratify Other Business Services Reviewed: argyle? Financial Implications? Are funds for this item available in the 201 8-19 Budget? Requisition Yes No Yes No I $1,040.00 i i General Fund i I i (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: Certi?cation Requested El Yes No Superintendent?s Office Certification: Approval Denial is? 0? Gin Superintendent Secretary to the Board 1413.9 Page 1 of 12 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into this 9th day of November 2018, by and between the San Ysidro School District, hereinafter called the ?District?, and Date! Systems (858) 571-3100 Company/Consuitant Telephone Number 4393 Viewridge Avenue, Suite C, San Diego, CA 92123 Address Website hereinafter referred to as "Consultant." 1 1.1 SCOPE AND TERMS SCOPE OF SERVICES Scope of Services. in compliance with all terms and conditions of this Agreement, the Consultant shail provide those services specified in the Consultant Services Documentation (?attached documents") attached hereto as Exhibit and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the District entering into this Agreement, Consuitani represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the work and services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials shail be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards?* shaii mean those standards of practice recognized by one or more first?class firms performing similar work under simiiar circumstances. Compiiance with Law. Ail services rendered hereunder shall be provided in accordance with any and all appiicable ordinances, resolutions, statutes, rates, and regulations of the District, City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included by this reference, and this Agreement shail be read and enforced as though they were included. Licenses, Permits, Fees and Assessments. Consuitant shall obtain at its sole cost and expense such licenses, permits and approvais as may be required by law for the performance of the services required by this Agreement. Consultant shail have the sole obiigation to pay for any fees, assessments and taxes, plus appiicable penalties and interest, which may be imposed by iaw and arise from or are necessary for the Consuitant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless District against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against District hereunder. L2TERM Term: From: November9,2018 To: June30,2019 The Term of this Agreement as noted, unless earlier terminated as provided herein. The Parties may mutuaiiy agree to extend this term only by written amendment. Should the Parties agree to extend the term of this Agreement; the Agreement can only be extended on a year-to?year basis with written approval uniess otherwise indicated in writing and in accordance with the law. 14B.9 Page 2 of 12 2 2.1 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 FEES AND PAYMENTS FEES District shall pay Consultant for the specified services as re?ected on ExhibitA during this contract term. 2.2 PAYMENTS 4.1 Consultant shall submit to District an itemized invoice which indicates work completed by Consultant. District shall review each invoice and/or receipts submitted to determine that the work performed and expenses incurred are in compliance with the provisions of this Agreement. District shall pay Consultant within a reasonable time and in accordance with this Agreement. SERVICES. District shail have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work as described herein. No such extra work may be undertaken unless a written order is first given by the District Contract Officer to the Consuitant, incorporating therein any adjustment in the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval or ratification of the Contract Officer. However, any increase in compensation beyond the Contract Sum, for services beyond what is contemplated in the Contract, must be approved or ratified by the Board of Education in a signed writing prior to any payment. Additionally, any other increases, extensions or renewais must be approved in writing by the Board of Education. it is expressly understood by Consuitant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitied to additional compensation therefore unless specifically authorized pursuant to the terms of this section. RESPONSIBLIITIES OF CONSULTANT ORGANIZATION Consultant shall assign Company Contract as Project Manager. The Project manager shall not be removed from the Project or reassigned without the prior written consent of District, which consent shalt not be unreasonabiy withheld. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant?s staff assigned to perform the services required under this Agreement. 4.2 COORDINATION OF SERVICES Consultant agrees to work ciosely with the District staff in the performance of Services and shaft be available to the District staff, consultants and other staff at all reasonabie times. 4.3 STANDARD OF CARE: Consuitant shall perform all Services under this Agreement in a skillful, competent and timely manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Caiifornia. Consultant represents and maintains that it is skilled in the professional caliing necessary to perform the Services. Consultant warrants that all of Consultant's empioyees and subconsultants shatl have sufficient skill and experience to perform the Services assigned to them. Consultant further represents that it, its empioyees and subconsuitants have all licenses, permits, qualifications and approvals of whatever nature that are iegally required to perform the Services, and that such licenses and approvals shaii be maintained throughout the term of this Agreement. Any of Consultant?s employees who are determined by District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons. or property, or any of Consultant's employees who fail or refuse to perform the Services in a manner acceptable to District, shail be removed from the Project by the Consultant and shall not be re? employed to perform any of the Services or to work on the Project. 4.4 INDEPENDENT CONSULTANT ADDITIONAL PERSONNEL Consultant is retained as an independent consultant and is not an agent or employee of the District. No employee or agent of Consultant shall by this Agreement become an agent or employee of the District. The work to be performed shail be in accordance with the work described herein, subject to such direction and amendments from District as herein provided. Consultant shaii have no authority, express or implied, plABnQ to this Agreement to bind District to any obligation whatsoever, except as specificaiiy proviieg in ?it?ghg? District. Any additional personnel performing the Services under this Agreement on behalf 0 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 at all times be under Consultant?s exclusive direction and control. Consultant shall pay ali wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. 4.5 LAWS AND REGULATIONS Consultant shall keep itself fuliy informed of and in compliance with all local, state and federai laws, rules and regulations in any manner affecting the performance of the Project or the Service. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 4.6 MAINTENANCE OF ACCOUNTING RECORDS Consuitant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consuitant shall aiiow a representative of the District during normal business hours with reasonable notice to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall aiiow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 4.7 INSURANCE Consuitant shall comply with the following insurance provisions, unless one or more paragraphs are specificaily waived by the District in writing. (1) Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to District that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant or employee to commence work until it has provided evidence satisfactory to the District. (2) Minimum Requirements and Limits. Consultant shall, at its expense, procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultant, its agents, representatives, and employees. Such insurance shall survive after this agreement as permitted by law. MINIMUM SCOPE OF - Coverage shail be at least as broad as: 1. Commercial General Liability (CGL): insurance Services Office Form CG 00 01 covering CGL on an ?occurrence" basis, including products and completed operations, property damage, bodily injury, sexual misconduct and personal advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000 the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers? Compensation (Employer?s Insurance): as required by the State of California, with Statutory Limits, and Employer?s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage shail inciude waiver of subrogation endorsement in favor of San Ysidro School District. 4. Professional Liability (Errors and Omissions): Insurance appropriates to the Consultant?s profession, with limit no less than $1,000,000 per occurrence or ciaim, $2,000,000 aggregate. (?applicable see footnote next page) 5. Improper Sexual Conduct: $1,000,000 per occurrence with an aggregate of not less than $2,000,000 for damages because of bodily injury by reason of negligent hiring and supervision. May be included under General Liability. District waives 6. Cyber Security Liability: Coverage for both electronic and non-electronic data breach of $?i,000,000 per occurrence with an aggregate limit of not less than $2,000,000 and shall cover all of Consultant?s employees, officials and agents. Coverage shall apply to any dishonest, fraudulent, maiicious or criminal use of Consultants or computer system or to obtain financial benefit for any party; to steal, take or provide unauthorized access of electronic data, including publicizing confidential electronic data or causing confidential electronic data to be accessible to unauthorized persons; transfer and for Third-Party Liability encompassing judgenleliB settlement and defense costs arising out of litigation due to a data breach and data breach response cos 3 for customer notification and credit monitoring service fees. District waives Page 4 0f 12 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 if the Consultant maintains higher limits than the minimums shown above, the District requires and shail be entitled to coverage for the higher limits maintained by the Consuitant. Additional insured Status - Endorsement The San Ysidro School District, its officers, officials, employees, and voiunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materiais, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an Additional Insured Endorsement to the Consultant?s insurance (at ieast as broad as Form CG 20 10 11 85 or both forms if later revisions used). if Blanket Endorsement, it must include poiicy number and insured?s name. Primary Coverage For any claims reiated to this contract, the Consultant?s insurance coverage shalt be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self?insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Consuitant?s insurance and shall not contribute with it. Notice of Cancellation The Provider shall file, with the District, Certificates of insurance indicating a thirty?day (30) cancellation notice. if not stated on the Certificates of insurance, it is understood that a 30-day canceilation notice wilt be provided and failure to maii such notice shall impose obligation and upon the company/insured, its agents or representative. Waiver of Subroqation Consultant hereby grants to the San Ysidro School District a waiver of any right to subrogation which any insurer of said Consuitant may acquire against the District by virtue of the payment of any toss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. Deductibles and Seit-lnsured Retentions Any deductibles or seif?insured retentions must be declared to and approved by the District. The District may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and rotated investigations, claim administration, and defense expenses within the retention. of insurers insurance is to be placed with insurers with a current AM. Best?s rating of no less than A~:Vil, unless otherwise acceptable to the District. Ciaims Made Poiicies (note shouid be applicable only to professional see below) If any of the required policies provide claims~made coverage: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. if coverage is canceied or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase ?extended reporting? coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consuitant shall furnish the District with original certificates and amendatory endorsements or copies of the appiicabie policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work/services commences. However, failure to obtain the required documents prior to the work beginning shaii not waive the Consultant?s obiigation to provide them] 9 District reserves the right to require complete, certified copies of at! required insurance policies, ifpiuding . .. . . age 5 of 12 endorsements requrred by these at any time. SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 5 GENERAL 5.1 DELAYS IN PERFORMANCE (1) Neither District nor Consuttant shaii be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonabie controi of the non-performing party. For purposes of this Agreement, such circumstances inciude but are not limited to, abnormal weather conditions; ffoods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work 'slowdowns, and other disturbances; sabotage or judiciai restraint. (2) Shouid such circumstances occur, the non-performing party shaft, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 5.2 SUSPENSEON OF SERVICES The District may, in its sole discretion, suspend all or any part of Services provided hereunder with cost to date of suspension. Consultant may not suspend its services without District?s express written consent. 5.3 TERMINATEON OF AGREEMENT (1) Termination. District may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at ieast seven (7) days before the effective date of such termination. Upon termination, Consultant shaii be compensated only for those services which have been adequateiy rendered to District to date of the notice of termination and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. (2) Consultant?s Termination for Cause. This Agreement may be terminated by the Consultant upon thirty (30) days written notice to the District only when the District has substantiaiiyfailed to perform its obligations under this Agreement. The written notice shaii include a detailed description of the District?s failure to perform, status of the work completed as of the date of termination together with a description and a cost estimate of the effort necessary to complete work in progress. In such event, the Consultant shaii be compensated for services completed to the date of termination, together with compensation for such approved Additional Services performed after termination which are authorized by the District to conclude the work performed to the date of termination. Upon the District?s request and authorization, Consultant shall perform any and all Additional Services necessary to wind up the work performed to the date of termination. (3) Effect of Termination. If this Agreement is terminated as provided in this Section, District may require Consultant to provide all finished or unfinished documents, date, programming source code, reports or any other items prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shalt be required to provide such documents and other information within fifteen (15) days of the request. (4) Terminated Services. in the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such manner as it may determine appropriate, services similar or identical to those terminated. 5.4 OWNERSHIP OF AND CONFIDENTIALITY . (1) Alt materials and data, including but not limited to, data on electronic or magnetic media and any materials, documents and data required to be made or kept pursuant to federal, state or local laws, rules or regulations, prepared or coiiected by Consultant pursuant to this Agreement, shall be the sole property of the District, except that Consultant shall have the right to retain copies of all such documents and data for its records. District shalt not be iimited such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shaii be at District?s sole risk and provided that Consultant shaii be indemnified against any damages resuiting from such use, including the reiease of this material to third parties for a use not Intended by this Agreement. (2) All such materiats and data shall be provided to the District, or such other agency or District as directed by District or required by law, ruIe or regufation, as they become due during the term of this Agreement ai $309 by District. Page 6 of 12 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 (3) The District is a Caiifornia pubiic entity subject to all state and federal laws governing education, including but not limited to California Assembly Bill t584 (AB t584), the California Education Code, the Children?s Online Privacy and Protection Act (COPPA), the Famiiy Educational Rights and Privacy Act (FERPA), and HIPAA Privacy regulations and any other privacy laws, policies and regulations that may apply such as American Recovery and Reinvestment Act of 2009 and the Health Information Technology and Economic Ciinicai Health Act of 2009 A81584 requires, in part, that any agreement entered into, renewed or amended after January 1, 2015 between a locai education agency (LEA) and a third-party service provider must include certain terms; and the LEA and the Service Provider desire to have this Agreement and the services provided comply with A81584. This includes to forms of protected health information, including paper, oral, and eiectronic, etc. Furthermore, only the minimum health information necessary to conduct business is to be used or shared. . Pupil records obtained by the Consultant/Service Provider from LEA/District continue to be the property of and under the controi of the District.- The Consultant will obtain information regarding discipiinary and/or behaviorai events for the purpose of allowing District personnei to improve and provide services to pupiis. The Consuitant not be obtaining pupil-generated content. . in the event of an unauthorized disclosure of a pupii?s records, the Consultant shall report to an affected parent, legai guardian, or eligible pupil pursuant to the foiiowing procedure; written communication to the District?s Superintendent, Deputy Superintendent and/or designee. The Consultant shall not use any information in a pupil record for any purpose other than those required or specifically permitted by this Professionai Services Agreement. . Consultant certifies that a pupil?s records shali not be retained or availabie to the Consultant upon compietion of the terms of this Professional Services Agreement. . District agrees to work with Consultant to ensure compliance with FERPA. - Consultant shail not use personally identifiable information in pupil records to engage in targeted advertising. - Pupii records inciude any information directly related to a pupil that is maintained by the District or acquired directly from the pupil through the use of instructionai software or applications assigned to the pupii by a teacher or other District employees. Pupil records does not include/not mean dewidentified information (information that cannot be used to identify an individual pupil) used by the third party to (1) improve educationai products for adaptive learning purposes and for customized pupii learning; De~identified information, including aggregated de?identified information. (2) Demonstrate the effectiveness of the operator?s products in the marketing of those products; or for the development and improvement of educational sites, services, or applications. 5.5 SAFETY Consultant shaft execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at ail times be in compliance with all applicable locai, state and federai laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 5.6 PROJECT Consultant shall provide adequate staff and resources to facilitate all Consuitant activity. Shcuid Consuitant fail to adequately staff a project, the District may, at its sole discretion, retain third party consulting services and back charge Consultant for all third~party fees. 5.7 Indemnification: To the fullest extent permitted by few, Consultant shaft defend (with counsel of Districts choosing), indemnify and hold the District, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, ioss, damage or injury of any kind, in few or equity, to property or persons, including wrongfui death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or misconduct of Consuitant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consuitant?s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney?s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to iniu?gcg proceeds, if any, received by Consultant, the District, its officials, officers, employees, agents, oi?volunt rs. age of12 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 Design Professionals: if Consultant?s obligation to defend, indemnify, and/or hoid harmless arises out oi Consultant?s performance as a ?design professional? (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fuiiy incorporated herein, Consultant?s indemnification obiigation shaii be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or wiilfui misconduct of the Consultant, and, upon Consuitant obtaining a finai adjudication by a court of competent jurisdiction, Consuitant?s liability for such claim, including the cost to defend, shail not exceed the Consultant?s proportionate percentage of fault. 5.8 AMENDMENTS This Agreement may not be amended except in writing signed by both Parties. 5.9 SEVERABILITY If any section, subsection, sentence, ciause or phrases of this Agreement, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the Agreement shail not be affected thereby and may be enforced by the Parties to this Agreement. 5.10 GOVERNING LAW This Agreement shall be governed by the laws of the State of California. Any action brought to enforce the terms of this Agreement shall be brought in a state or federal court located in the County of San Diego, State of Caiitornia, but oniy after dispute resolution as provided herein. 5.11 CONFLICT OF For the term of this Agreement, no member, officer or employee of District, during the term of his or her service with District, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 5.12 SCHOOL SAFETY, FINGERPHINTING AND BACKGROUND INVESTIGATION REQUIREMENTS: Consultant agrees with the provisions of Education Code Section 45125.1 regarding the submission of fingerprints to the California Department of Justice. Consuitant shall not be permitted to have any contact with District pupiis untii such time as Consultant has verified in writing to the District that they have complied with Educational Code Section 451253. (Please complete attached School Safety Certification Form.) Per Ed Code 49408 and Assembly Bill 1667, the District requires for Tuberculosis (T8) Clearances to be in place by anyone coming in contact with pupils. Please submit TB Ciearance to the Business Services Office. This section may be waived if the District determines that the Consultant and/or its employees wili have iimited contact with District pupiis or if Consultant and/or its employees wiil be supervised at all times by District staff. District is waiving this requirement 5.13 ALL DISTRICT ARE DRUG AND ANY DRUG, ALCOHOL TOBACCO USE (SMOKED OR SMOKELESS) IS PROHEBITED AT ALL TIMES ON ALL AREAS OF THE DISTRICT 5.14 NOTICES CONTACT INFORMATION All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: personal service, emaii or by US. Maii, mailed certified maii with return receipt requested, addressed to the following entities. 148.9 Page 8 of 12 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 CONSULTANT: Date! Systems Incorporated Name: Sean Yost Titie: Corporate Account Manager Address: 4393 Viewridge Avenue, Suite City/State/Zip Code: San Diego, CA 92123 Telephone: (858) 874-5706 Direct (619) 572-3627 Cell Emaii: syost DISTRICT: San Ysidro School District Name: Marilyn Adrianzen Joanne Branch Title: Chief Business Official FACJPA Address: 4850 Otay Mesa Road 4350 Otay Mesa Road City/State/Zip code: San Ysidro, CA 92173 San Ysidro, CA 92173 ?telephone: (619) 428~4476 (619) 428-4476 x3065 Email: Marilynadrianzen ibranch @sdcoe.net 6 ENTIRE AGREEMENT This Agreement represents the entire understanding of District and Consultant as to those matters contained herein, and supersedes and canceis any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. To the extent that any provision or clause contained in an attachment to this Agreement con?icts with a provision or clause in the Agreement, the provision or clause in this Agreement shall control. This Agreement may not be modified or aitered except in writing signed by both parties hereto. This is an integrated Agreement. 7 WARRANTY OF AUTHORITY: Each of the parties signing this Agreement warrants to the other that he or she has the foil authority of the District on behalf of which his or her signature is made.// CONSULTANT Datel Systems Inc. DISTRICT San Ysidro School District Firm Name Firm Name Signature of Authorized Agent Signature Marilyn Adrianzen, Chief Business Official Print Name, Title Print Name, Title Date: Date Board Approved: Revised 09-13-18 14B.9 Page 9 of 12 SAN YSIDRO SCHOOL DISTRICT 4356 Otay Mesa Road, San Ysidro, CA 92173 SCROOL SAFETY CERTIFICATION FORM CERTIFICATION PURSUANT TO CODE ECTION 45125.1 and Penal Code section 667.5(c) or a serious felony iisted in Penal Code section 1192.7(c) Fingerprinting and Criminal Background Investigation Requirements The San Ysidro School District (District) has determined under Education Code Section 45125.1, subdivision (0) that in performing services under this contract, Contractor/Consultant?s employees and/or Subconsu?ants/Subcontractors may have contact with pupils. (Initial) As required under Education Code Section 45125.t, subdivision Consultant shaii require their employees, inciuding the employees of any sub-consultant and/or subcontractor, who will provide services pursuant to this contract to submit their fingerprints in a manner authorized by the Department of Justice in order to conduct a criminai background check to determine whether such empioyees have been convicted of or have charges pending for a felony as defined under Education Code Section 45122.1. (Initial) Consultant shall not permit any employee to perform services that may come in contact with pupils under this contract until the Department of Justice has determined that the employee has not been convicted of a felony or has no criminal charges pending for a felony as defined in Education Code Section 45122.1 and in Penal Code section 667.5(0) or a serious felony listed in Penai Code section (Initial) Consultant certifies that all of its employees who may come in contact with pupiis have not been convicted of or have no criminal charges pending for a feiony, as defined in Education Code Section 45122.1 and in Penal Code section 667.5(0) or a serious felony listed in Penal Code section (Initial) Consultant shall defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or estabiished for damages or iniuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant?s faiiure to comply with all of the requirements contained in Education Code Section 45125.1, including, but not limited to, the requirements prohibiting Consultant from using employees who may have contact with pupils who have been convicted or have charges pending for a felony in Education Code Section 45122.1. (Initial) Per Ed Code 49406 and Assembly Bill t667, the District requires for Tuberculosis (TB) Clearances to be in place by anyone coming in contact with pupils. (Initial) Consultant?s individuals/employees and/or Subconsuitants/Subcontractors who may come in contact with pupils in the performance of services in this contract agree to provide fingerprint and TB Clearances (at their own expense) to be in compliance with the above-mentioned Ed Codes before commencement of any services under this contract. The District will provide LiveScan form if necessary. - i certify to the District?s Governing Board that have read and understand the above terms and conditions and will report any changes that may affect the performance services of this contract. - i certify to the District?s Governing Board that? none of the Consultant?s employees/individuals and/or Subconsultants/suboontractors performing services under this agreement have been convicted of a felony as defined in Education Code Section 45122.1 and in Penal Code section 667.5(c) or a serious felony tisted in Penal Code section . I certify to the District?s Governing Board that ail of the Consultant?s and empioyees- individuais performing services under this agreement are clear of tuberculosis (TB) as defined on Education Code Section 49406 and Assembly Bill 1667. Company Name: Name/title of authorized representative (Print) Signature Date 1 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 EXHIBIT A SCOPE OF SERVICES See attached Sales Quote No. dated 08-28-18 Amount $1,040.00 148.9 Page 11 of 12 {?i?if?i?s San Dieou San mega! CA 92123 WEBSITE: PURCHASE ONLINE: Customer Contact {an if.) .H f: 3 . 013{13i?1 {if (5.) (11 Account Due Data 18%} 3G SAYS 9/2?f2818 Quotaticn PO Reference sztem "Qty? ESCOPE 2 A?k 15? .519 CA State C7 Lic. 880356 San Diego BEAR reqistra:icn San Marcos BEAR registration A~rfaggJmew SERVZCE -ELIVERY i Price. UM aDiscount EXHIBIT A SALES QUOTE 8 sag; T75 Account Rep Schedule Data can 303: x1235 8/28f2818 Printed Ship VIA Page $3 GGER $3.30 @a'x'a'ble . _Total Tax $0.03 Exempt $1,343.00 ETotal $1,340.00_ SBalance i HEW Pag? 12 0f12i SAN YSIDRO SCHOOL DISTRICT GO VERNIN BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 fr a gr, VIA: Gina A. Potter, Ban. FROM: manage; v? Superintendent Business Services Informational Marilyn Adrianzen, Chief Business Of?cial Action AGENDA ITEM: AGREEMENT WITH SILVER CREEK INDUSTRIES CHANGE ORDER NO. 2 BACKGROUND INFORMATION: Due to the new residential development taking place in the Ocean View community, the student population at Ocean View Hills and Vista Del Mar (VDM) Schools is expected to increase above their housing capacity next year. On February 8, 2018, the Governing Board approved the agreement with Silver Creek Industries to purchase two portable buildings via the Chula Vista Unified School District ?piggyback? agreement public bid contract #14/15?3. Change Order No. 2 is to provide integrated walk off mats at each of the 4 new classrooms at OVH at the cost of $1,460.66 RECOMMENDATION: Approve Change Order No. 2 with Silver Creek Industries Inc. to provide integrated walk off mats at each of the 4 new portable classrooms in Ocean View Hills School at an additional cost of $1,460.66 from the Capital Facilities Fund. LCAP GOAL AND (please indicate): Goal Safety, Climate and Student Engagement Renewal New Amendment Ratify Other Business Services Reviewed: I Financial Implications? Are funds for this item availabie in the 20i8-2019 Budget? Requisition $1,460.66 Capital Faculties Fund 1 -.. (Amount) (Name of funding source and/0r iocation) (Funding account number) Certi?cation Requested Yes No Superintendent?s Office Certification: Approval Denial my a 2 Gina/5A. Potter, Superintendent 1 413.1 0 Seeietary to the Board Page 1 of 2 Recommended for: CHANGEORDERNO 2 Silver Creek InduStries Inc. 11087 OCEAN VIEW SAN YSIDRO Owner Change Order I I In House Change Order I I Date: 9/4/2018 Project Name: Ocean Huts ES Owner: San Ysidro SD Silver Creek industries inc. proposes to furnish all material and labor to perform the following at the abdve stated site for the Sum of: SB Description Of Work: Total of atl Sub Contractors work: Generai Contractor Markup: Sub Total Total Work by General General Contractor Markup: Sub Totat: Sales Tax (60% exclusion) Sub Total Bonds not to exceed Grand Total: This Change Order will Require Submitted By: Approved By: 2830 Barrett Ave. Perris, CA 92571 Page 10f1 1,460.66 Furnish and instail (4) 5x5 entry's of Tandus Walk Off Mats 1,400.00 5% 1,400.00 15% 1,400.00 8.25% 46.20 1,446.20 1% 14.46 1,460.66 1 Additional Days to complete this project and are inciuded in this COR Sandra Adame Date: 9f4/2018 Project Manager Title Date: Title - 143.10 Page 2 of2 Phone: (951) 9436393 Fax: (951) 943?2211 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: ?014 Superintendent Administration Informational Gina A. Potter, Superintendent Action AGENDA ITEM: RESOLUTION NO. 18/ 9-0029 BOARD COMPENSATION FOR MISSED MEETINGS BACKGROUND INFORMATION: The Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250. Education Code 35120 provides that the compensation provided to Board members shall commensurate with the percentage of meetings attending during the month unless otherwise authorized by Board resolution. Rosaleah Pallasigue was absent from the Special Board meeting August 24, 2018. RECOMMENDATION: Adopt Resolution No. 18/ 19-0029 recognizing that Rosaleah Pallasigue was absent from the Special Board Meeting of August 24, 2018 due to hardship and received the maximum compensation for that month. LCAP GOAL AND (please indicate): Renewal New Amendment I: Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018-2019 Budget? Requisition Yes No Yes No $264.60 General Fund -- (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: . [j Denial Certi?cation Requested Yes No a) 14 Superintendent?s Office Certification: Gina 24f. Potter, Superintendent Secretary to the Board 143.1 1 Page 1 of 2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD RESOLUTION NO. 18/19-0029 BOARD COMPENSATION FOR MISSED MEETINGS WHEREAS, the Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250; and WHEREAS, Education Code 35120 provides that the compensation provided to Board members shall be commensurate with the percentage of meetings attended during the month unless otherwise authorized by Board resolution; and WHEREAS, Education Code 35120 speci?es limited circumstances under which the Board is authorized to compensate a Board member for meetings he/ she missed; and WHEREAS, the Board ?nds that Rosaleah Pallasigue did not attend the Special Board Meeting on August 24, 2018, for the following reason(s): Performance of other designated duties for the district during the time of the meeting Illness or jury duty Hardship deemed acceptable by the Board NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the San Ysidro School District approved full compensation of the Board member for the month of August 2018. PASSED AND ADOPTED THIS 8th day of November, 2018 at a regular meeting, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Gina A. Potter, Superintendent Rosaleah Pallasigue, Board President Secretary to the Board 143.11 Page 2 of2 SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, ECLD. FROM: INITIAL: Md Superintendent Administration Informational Gina A. Potter, Superintendent Action AGENDA ITEM: RESOLUTION NO. 18/ 9?0030 BOARD COMPENSATION FOR MISSED MEETINGS BACKGROUND INFORMATION: The Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250. Education Code 35120 provides that the compensation provided to Board members shall commensurate with the percentage of meetings attending during the month unless otherwise authorized by Board resolution. Irene Lopez was absent from the Special Board meeting August 9, 2018. RECOMMENDATION: Adopt Resolution No. 18/ l9~0030 recognizing that Irene Lopez was absent from the Special Board Meeting of August 9, 2018 due to hardship and received the maximum compensation for that month. LCAP GOAL AND (please indicate): Renewal New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018?2019 Budget? Requisition Yes No Yes No $264.60 General Fund (Amount) (Name of funding source and/or Eocation) (Funding account number) Certi?cation Requested Yes No Superintendent?s Of?ce Certi?cation: Recommended for: an a . Gina A. Potter, Superintendent Secretary to the Board gt uroval Denial 14B.12 Page 1 of2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD RESOLUTION NO. 18/19~0030 BOARD COMPENSATION FOR MISSED MEETINGS WHEREAS, the Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250; and WHEREAS, Education Code 35120 provides that the compensation provided to Board members shall be commensurate with the percentage of meetings attended during the month unless otherwise authorized by Board resolution; and WHEREAS, Education Code 35120 Specifies limited circumstances under which the Board is authorized to compensate a Board member for meetings he/she missed; and WHEREAS, the Board ?nds that Irene Lopez did not attend the Special Board Meeting on August 9, 2018, for the following reason(s): Performance of other designated duties for the district during the time of the meeting Illness or jury duty Hardship deemed acceptable by the Board NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the San Ysidro School District approved full compensation of the Board member for the month of August 2018. PASSED AND ADOPTED THIS 8th day of November, 2018 at a regular meeting, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Gina A. Potter, Superintendent Rosaleah Pallasigne, Board President Secretary to the Board 14B.12 Page 2 of2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD A GENDA T0: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: [Iii Superintendent Administration Informational Gina A. Potter, Superintendent Action AGENDA ITEM: RESOLUTION NO. 18/ 1 9-0031 BOARD COMPENSATION FOR MISSED MEETINGS BACKGROUND INFORMATION: The Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250. Education Code 35120 provides that the compensation provided to Board members shall commensurate with the percentage of meetings attending during the month unless otherwise authorized by Board resolution. Marcos A. Diaz was absent from the Special Board meeting September 8, 2018. RECOMMENDATION: Adopt Resolution No. 18/ 19-0031 recognizing that Marcos A. Diaz was absent from the Special Board Meeting of September 8, 2018 due to hardship and received the maximum compensation for that month. LCAP GOAL AND (please indicate): Renewal New Amendment I: Ratify Other Business Services Reviewed: Financiai Implications? Are ?inds for this item available in the 2018?2019 Budget? Requisition Yes No Yes No $264.60 General Fund (Amount) (N ame of funding source and/or location) (Funding account number) val Denial Certi?cation Requested Yes No Superintendent?s Office Certi?cation: A. Potter Ed. D. ,Superintendent Secretary to the Board 1413.13 Page 1 of2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD RESOLUTION NO. 18/19-0031 BOARD COMPENSATION FOR MISSED MEETINGS WHEREAS, the Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250; and WHEREAS, Education Code 35120 provides that the compensation provided to Board members shall be commensurate with the percentage of meetings attended during the month unless otherwise authorized by Board resolution; and WHEREAS, Education Code 35120 speci?es limited circumstances under which the Board is authorized to compensate a Board member for meetings he/she missed; and WHEREAS, the Board ?nds that Marcos A. Diaz did not attend the Special Board Meeting on September 8, 2018, for the following reason(s): Performance of other designated duties for the district during the time of the meeting Illness or jury duty Hardship deemed acceptable by the Board NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the San Ysidro School District approved full compensation of the Board member for the month of September 2018. PASSED AND ADOPTED THIS 8th day of November, 2018 at a regular meeting, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Gina A. Potter, Superintendent Rosaleah Pallasigue, Board President Secretary to the Board 148.13 Page 2 of2 SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: ja? Superintendent Administration El Informational Gina A. Potter, Superintendent Action AGENDA ITEM: RESOLUTION NO. 18/ 19?0032 BOARD COMPENSATION FOR MISSED MEETINGS BACKGROUND INFORMATION: The Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250. Education Code 35120 provides that the compensation provided to Board members shall commensurate with the percentage of meetings attending during the month unless otherwise authorized by Board resolution. Antonio Martinez was absent from the Special Board Meetings of July 13, 2018, August 9, 2018 and August 24, 2018. RECOMMENDATION: Adopt Resolution No. 18/ 1 9-0032 recognizing that Antonio Martinez was absent from the Special Board Meetings of July 13, 2018, August 9, 2018 and August 24, 2018 due to hardship and received the maximum compensation for that month. LCAP GOAL AND (please indicate): Renewal New Amendment I: Ratify Other Business Services Reviewed: . i I Financial Implications? Are funds for this item avaiiable in the 2018-2019 Budget? Requisition Yes No Yes I: No $529.20 General Fund (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: Denial Certi?cation Requested Yes [1 No lap?. .9. i Superintendent?s Of?ce Certi?cation; Gina! A. 'Potter, Superintendent Secretary to the Board 148.14 Page 1 of2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD RESOLUTION NO. 18/19-0032 BOARD COMPENSATION FOR MISSED MEETINGS WHEREAS, the Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250; and WHEREAS, Education Code 35120 provides that the compensation provided to Board members shall be commensurate with the percentage of meetings attended during the month unless otherwise authorized by Board resolution; and WHEREAS, Education Code 35120 speci?es limited circumstances under which the Board is authorized to compensate a Board member for meetings he/she missed; and WHEREAS, the Board ?nds that Antonio Martinez did not attend the Special Board Meetings on July 13, 2018, August 9, 2018 and August 24, 2018, for the following reason(s): Performance of other designated duties for the district during the time of the meeting Illness or jury duty Hardship deemed acceptable by the Board NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the San Ysidro School District approved full compensation of the Board member for the month of July 2018 and August 2018. PASSED AND ADOPTED THIS 8th day of November, 2018 at a regular meeting, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Gina A. Potter, Edi), Superintendent Rosaleah Pallasigue, Board President Secretary to the Board 148.14 Page 2 of2 SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: Superintendent Administration El Informational Gina A. Potter, Superintendent Action AGENDA ITEM: RESOLUTION NO. 18/ 1 9-003 BOARD COMPENSATION FOR MISSED MEETINGS BACKGROUND INFORMATION: The Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250. Education Code 35120 provides that the compensation provided to Board members shall commensurate With the percentage of meetings attending during the month unless otherwise authorized by Board resolution. Rodolfo Linares was absent from the Regular Board Meeting of September 13, 2018 and Special Board Meeting of September 13, 2018 due to performance of other designated duties for the district during the time of the meeting. RECOMMENDATION: Adopt Resolution No. 18/19-0033 recognizing that Rodolfo Linares was absent from the Regular Board meeting of September 13, 2018 and Special Board Meeting of September 13, 2018 due to performance of other designated duties for the district during the time of the meeting. LCAP GOAL AND (please indicate): 3% i .4 Renewal New Amendment El Ratify I: Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018-2019 Budget? Requisition ti Yes No Yes No $264.60 General Fund (Amount) (N ame of funding source and/or location) (Funding account number) Recommended for: ?In .._val Denial Certi?cation Requested I:l Yes No Superintendent?s Of?ce Certi?cation: Ginai A. Potter, Superintendent Secretary to the Board 14B.15 Page 1 of2 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD RESOLUTION NO. 18/19-0033 BOARD COMPENSATION FOR MISSED MEETINGS WHEREAS, the Governing Board of the San Ysidro School District appreciates the services provided by members of the Board and provides compensation for meeting attendance in accordance with Education Code 35120 and Board Bylaw 9250; and WHEREAS, Education Code 35120 provides that the compensation provided to Board members shall be commensurate with the percentage of meetings attended during the month unless otherwise authorized by Board resolution; and WHEREAS, Education Code 35120 speci?es limited circumstances under which the Board is authorized to compensate a Board member for meetings he/she missed; and WHEREAS, the Board ?nds that Rodolfo Linares did not attend the Regular Board Meeting on September 13, 2018 and Special Board Meeting on September 13, 2018, for the following reason(s): Performance of other designated duties for the district during the time of the meeting Illness or jury duty Hardship deemed acceptable by the Board NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the San Ysidro School District approved full compensation of the Board member for the month of September 2018. PASSED AND ADOPTED THIS 8th day of November, 2018 at a regular meeting, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Gina A. Potter, Superintendent Rosaleah Pallasigue, Board President Secretary to the Board 14B.15 Page 2 of2 SAN YSIDRO SCHOOL DISTRICT 0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, ECLD. FROM: INITIALW Superintendent Educational Services I: Informational Manuela Colom, Executive Director Action AGENDA ITEM: SERVICE AGREEMENT WITH BENCHMARK EDUCATION FOR ENGLISH LANGUAGE ARTS PROFESSIONAL DEVELOPMENT FOR TEACHERS . GRADES KINDER 6TH BACKGROUND INFORMATION: Educational Services wants to offer two additional days of professional development to teachers from Benchmark Education, which is the publisher we have for the new English Language Arts (ELA) instructional materials. Professional Development (PD) from Benchmark Education provides a variety of options, which include: 0 Professional development customized to meet your district?s needs and goals. a Training that optimizes the use of core and supplemental curriculum resources. These PDs are required for all teachers from Transitional Kinder to 6th grade and will help them by increasing their capacity and the achievement of students, using proven, methods and support. RECOMMENDATION: Approve the service agreement with Benchmark Education to provide two additional professional development days for the English Language Arts curriculum at each elementary school at a total cost of $28,000.00 from the Title II fund. LCAP GOAL AND Goal 1: Student Achievement, Action 1.14: Provide professional development opportunities to improve teaching and learning in the areas of English Language Arts (ELA), English Language Development (ELD), Mathematics, Science, and Social Studies. Professional development includes training speci?caliy designed to address the achievement gap for students with. disabilities. i or El Renewal New [3 Amendment Ratify El Other Business Services Reviewed: WW Financial Implications? Are funds for this item avaiiable in the 2018-2019 Budget? Requisition Yes No Yes CI No $28,000.00 Title II Fund (Amount) (Name of funding source and/or location) (Funding account number) Recommended for: El Approval I:l Denial Certi?cation Requested Yes I: No Superintendent?s Of?ce Certification: Am) 14? 14B.16 Gina A. Potter, Superintendent Page 1 0f 12 Secretary to the Board SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road. San CA 92173 PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into this 9113 day of November 2018. by and between the San Ysidro School District, hereinafter sailed the ?District", and Benchmark Education Company LLC (877) 236-2465 Company/Consults nt Teienhone Number 145 Hugu_enot Street, New Rochelle, NY 19801 Address Website hereinafter referred to as ?Consultant." 1 SCOPE AND TERMS 1.1 SCOPE OF SERVICES - Scope of Services. in compliance with all terms and conditions otthis Agreement, the Consultant shall provide those services specified in the Consultant Services Documentation (?attached documents") attached hereto as Exhibit and incorporated herein by this reference, which services may be referred to herein as the "services" or ?work? hereunder. As a material inducement to the District entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the workand services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials shalt be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards? shall mean those standards of practice recognized by one or more firms perlorming similar work under similar circumstances. Compliance with Law. All services rendered hereunder shall be provided in accordance with any and all applicable ordinances, resolutions. statutes, miss, and regulations of the District, City and any Federal, State or local govemmentat agency having jurisdiction in effect at the limo service is rendered. Each andevery provision required by law to be included in this Agreement shall be deemed to be included by this reference, and this Agreement shall be . read and enforced 'as though they were'included. Licenses, Permits, Fees and Assessments, Consultant snail obtain at its sole cost and expense such licenses. permits and approvals as may be required by law for the performance of theservices required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed bylaw and arise from or are necessary for the Consultant?s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless District against any such fees, assessments, taxes penalties or interest levied. assessed or imposed against District hereunder. 1.2 TERM Term: From: November 9. 2018 To: June 30. 2019 The Term of this Agreement as noted, unless earlier terminated as provided herein. The Parties may mutually agree to extend this term only by written amendment. Shouid the Parties agree to extend the term of this Agreement; the Agreement can only be extended on a year?to-year basis with written approval unless otherwise indicated in writing and in accordance with the law. 14B.16 Page 2 of 12 2 SAN YSIDRO SCHOOL 4350 Clay Mesa Road. San Ysidro, CA 92173 FEES AND PAYMENTS 2.1 FEES District shall pay Consultant for the specified services as reflected on Exhibr'tA during this contract term. 2.2 PAYMENTS Consultant shall submit to District an itemized invoice which indicates work completed by Consultant. District shall review each invoice an dlor receipts submitted to determine that the work performed and expenses incurred. are in compliance with the provisions of this Agreement. District shall pay Consultant within a reasonable time and in accordance with this Agreement. SERVICES. District shall have the right at any time during the performance of the services. without invalidating this Agreement, to order extra work beyond that specified in the Scope oi Services or make changes by altering. adding to or deducting from said work as described herein. No such extra work may bra-undertaken unless a written order is first given by the District Contract Officer to the Consultant, incorporating therein any adjustment in the Contract Sum, (ii) the time to perform this Agreement, which said adjustments are subject to the written approval or ratification of the Contract Officer. However, any increase in compensation beyond the Contract Sum, for services beyond what is contemplated in the Contract. must be approved or ratified by the Board oi Education in a signed writing prior to any payment. Additionally, any other increases extensions or renewals must be approved' In writing by the Board of Education. lt' rs expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably ccntem plated therein Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefore unless specifically authorized pursuant to the terms of this section. RESPONSIBLIITIES 0F CONSULTANT Consultant shall assign Company Contract as Project Manager. The Project manager shall not be removed from the Project or reassigned without the prior written consent of District, which consent shall not he unreasonably withheld. Consultant shall make every reasonable effort to maintain the stability and continuity of Concultant?s staff assigned to perform the services required underthis Agreement. 4. 2 OF Consultant agrees to work closely with the District staff in the performance of Services and shall be available to the District staff consultants and other staff at all reasonable times. 4.3 STANDARD OF CARE: Consultant shall perform all Services under this Agreement in a skillful, competent and timely manner. consistent with the standards generally recognized as being employed by professiOnals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all of Consultant's employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents that it. its employees and suicconsultants have all licenses. permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvais shall be maintained throughout the term of this Agreement. Any of Consultant's employees who are determined by District to be uncooperative. incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any of Consultant?s employees who fail or refuse to perionn the Services in a manner acceptable to District, shall be removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 4.4 ENDEPEN DENT CONSULTANT ADDITIONAL Consultant is retained as an independent consultant and is not an agent or employee of the District. No employee or agent of Consultant shall by this Agreement become an agent or employee of the District. The work to be performed shall be in accordance with the work described herein. subject to such direction and amendments from District as herein provided. Consultant shall have no authority, express or implied, per to this Agreement to bind District to any obligation whatsoever. except as specifically provided in wrlti .16 District. Any additional personnel performmg the Servrces under this Agreement on behalf of C?P?'?a??gh?if 12 SAN YSIDRO SCHOOL DISTRICT 4350 Clay Mesa Road. San Ysidro. on 92173 at all times be under Consultant?s exclusive direction and control. Consultant shall pay all wages. salaries. and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. 4.5 LAWS AND Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Service. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 4.6 MAINTENANCE OF ACCOUNTING RECORDS Consultant shall maintain complete and accurate records with reapect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the District during normal business hours with reasonable notice to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work. data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 4.7 CE - Consultant shall comply with the following insurance provisions, unless one or more paragraphs are specifically waived by the District in writing. (1) Time for Compliance. Consultant shall not commence Services under this Agreement until it .has provided evidence satisfactory to District that it has secured all insurance required under this Section. in addition, Consultant shall not allow any subconsultant or employee to commence work until lthas provided evidence satisfactoryto the District. (2) Minimum Regulrements and Limits. Consultant shall, at its expense. procure and maintain for the duration of this Agreement. insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultant, its agents. representatives. and employees. Such insurance shall survive after this agreement as permitted by law. MINIMUM SCOPE OF - Coverage shall be at least as bread as: 1. Commercial General Liability (08sz Insurance Services Office Form CC 00 01 covering CGL on an ?occurrence? basis, including products and completed operations. property damage. bodily injury. sexual misconduct and personal advertising injury with limits no less than $1,000,000 per occurrence. if a general aggregate limit applies. either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be $2,000,000 the required occurrence limit. 2. Automobile Liability: Form Number CA 00 01 covering any auto (Code or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 0). with limit no less than $1 ,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation (Employer?s insurance): as required by the State of California, with Statutory Limits, and Employer?s Liability insurance with limit of no less than $t 000,000 per accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of San Ysidro School District. 4. Professional Liability (Errors and Omissions): insurance appropriates to the Consultant?s profession,-with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (if applicable "see footnote next page} 5. improper Sexual Conduct: $1,000,000 per occurrence with an aggregate of not less than $2,000,000 for damages because of bodily injury by reason of negligent hiring and supervision. May be included under General Liability. District waives 6. Cyber Security Liability: Coverage for both electronic and data breach of $1,000,000 per occurrence with an aggregate limit of not less than $2,000,000 and shall cover all of Consultant's employees. officials and agents. Coverage shall any dishonest, frauduient, malicious or criminal use of Consultants or computer system or to obtain financial benefit for any party; to steal. take or provide unauthorized access of electronic data, including publicizing confidential electronic data or causing confidential electronic data to be accessible to unauthorized persons; transfer and for Third-Party Liability encompassing judgements or settlement and defense costs arising out of litigation due to a data breach and data breach response coitelfB, 16 customer notification and credit monitoring service fees. District waives Page 4 of 12 SAN YSIDRO SCHOOL 4850 Otay Mesa Road. San CA 92173 It the Consultant maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Additional Insured Status Endorsement . The San Ysidro School District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the cat. policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Genera! liability coverage can be provided in the form of an Additional insured Endorsement to the Consultant?s insurance (at least as bread as ISO Form CG 20 10 ?ii 85 or both forms if later revisions used). if Blanket Endorsement, it must include policy number and insured's name. Primary Coverage For any claims related to this contract. the Consultant?s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees. or volunteers shall be excess of the Consultant?s insurance and shall not contribute with it. Notice of Cancellation The Provider shall file, with the District. Certificates of insurance indicating a thirty-day (30) cancellation notice. it not stated on the Certificates of insurance, it is understood that a so day cancellation notice wit il be provided and failure to mail such notice shall impose obligation and liability upon the companyfinsured. its agents or representative. waiver of Subrooation . Consultant hereby grants to the San Ysidrc School District a waiver of any right to subrcgaticn which any insurer of said Consultant may acquire against the District by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessaryto waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-insured Betentions Any deductibles or salt?insured retentions must be declared to and approved by the District. The District may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. . Acceptability of insurers insurance is to be placed with insurers with a current AM. Best?s rating of no less than A?:Vil. unless othenvlse acceptable to the District. Claims Made Policies inotem should be applicable onlv to professional liabill ity, see beiow) ii any oi the required policies provide claims-made coverage: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. it coverage is canceled or non-renewed, and not replaced with another claims~made policy form with a Retroactive Date prior to the contract effective date. the Consultant must purchase ?extended reporting? coverage for a minimum of five (5) years after completion of work. Verification of Coverage . Consultant shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before worldservices commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. Tia District reserves the right to require complete, certified copies of all required insurance policies, including 16 endorsements required by these specifications, at any time. Page 5 0f 12 SAN YSIDRO SCHOOL DISTRICT 4350 Diary Mesa Road. San Ysidro. CA 92173 5 GENERAL PROVISIONS 5.1 DELAYS lN PERFORMANCE (1) Neither District nor Consuttant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonmpen?crming party. For purposes of this Agreement, such circumstances inciude but are not limited to. abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, iockouts, work slowdowns, and other disturbances; sabotage or judicial restraint. (2) Should such circumstances occur. the non~perforrning party shalt. within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 5.2 SUSPENSION OF The District may, in its soie discretion. suspend all or any part of Services provided hereunder with cost to date of suspension. Consultant may not suspend its senrices without District?s express written consent. 5.3 TERMINATION OF AGREEMENT (1) Tennination. District may. by written notice to Consuitant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination. Consultant shall be compensated only for those services which have been adequately rendered to District to date of the notice of termination and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. (2) Consultant's Termination for Cause. This Agreement may be terminated by the Consultant upon thirty (30) days written notice to the District only when the District has substantially failed to perform its obligations under this Agreement. The written notice shall include a detailed description of the District's failure to perform, status of the work completed as of the date of termination together with a description and a cost estimate of the effort necessary to complete work in progress. in such event, the Consultant shall be compensated for services completed to the date of termination. together with compensation for such approved Additional Services performed after tennfnatton which are authorized by the District to-conolude the work performed to the date of termination. Upon the District's request and authorization, Consuitant shall perform any and all Additional Services necessary to wind up the work pertonned to the date of termination. (3) Effect of Termination. if this Agreement is tenninated as provided in this Section, District may require Consultant to provide all finished or unfinished documents, date, programming source code, reports or any other items prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shalt be required to provide such documents and other information within fifteen (15) days of the request. Terminated Services. in the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such manner as it may determine appropriate. services similar or identicei to those terminated. 5.4 OWNERSHIP OF MATERIALS AND Ali materials and data, including but not iimited to. data on electronic or magnetic media and any materials, documents and data required to be made or kept pursuant to federal, state or icon] laws. rules or regulations. prepared or collected by Consultant pursuant to this Agreement, shall be the sole property of the District. except that Consultant shall have the right to retain copies of off such documents and data for its records. District shalt not be iirnited such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shall be at District?s sole risk and provided that Consuttant shall be indemnified against any damages resulting from such use, inciuding the release of this material to third parties for a use not intended by this Agreement. (2) All such materiats and data shall be provided to the District, or such other agency or District as directed by District or required by law, rule or regulation, as they become due during the term of this Agreement as direct by District. 14B.16 Page 6 of 12 SAN YSIDRO SCHOOL DISTRICT 4850 (Ray Mesa Road, San CA 92173 The District is a California public entity subject to all state and federal laws governing education, including but not limited to California Assembly Bill 1584 (AB 1584), the California Education Code, the Children?s Online Privacy and Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA). and HIPAA Privacy regulations and any other privacy laws, policies and regulations that may apply such as American Recovery and Reinvestment Act of 2009 and the Health information Technology and Economic Clinical Health Act of 2009 A81584 requires, in part, that any agreement entered into, renewed or amended after January 1, 2015 between a local education agency (LEA) and a third-party service provider must include certain terms; and the LEA and the Service Provider desire to have this Agreement and the services provided comply with A81584. This includes to all tonne of protected health information, including paper, oral. and electronic, etc. Furthermore, only the minimum health information necessary to conduct business is to be used or shared. . Pupil records obtained by the Consultant/Service Providerfrom LEA/District continue to be the property of and under the control of the District. The Consultant will obtain information regarding disciplinary and/or behavioral events for the purpose of allowing District personnel to improve and provide services to pupils. The Consultant will not be obtaining pupil~generated content. - in the event of an unauthorized disclosure of a pupil?s records, the Consultant shall report to an affected parent, legal guardian, or eligible pupil pursuant to the following procedure; written communication to the District?s Superintendent, Deputy Superintendent and/or designed. The Consultant shall not use any information in a pupil record for any purpose other than those required or specifically permitted by this Professional Services Agreement. . Consultant certifies that a pupil's records shall not be retained or available to the Consultant upon completion of the terms of this Professional Services Agreement. . District agrees to work with Consultant to ensure compliance with FERPA. a Consultant shall not use personally identifiable information in pupil records to engage in targeted advertising. . Pupil records include any information directly related to a pupil that is maintained by the District or acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other District employees. Pupil records does not includelnot mean de-identified information (information that cannot be used to identify an individual pupil) used by the third party to (1) improve educational products for adaptive learning purposes and for customized pupil teaming; De-identified information, including aggregated rte-?identified information. (2) Demonstrate the effectiveness of the operator?s products in the marketing of those products; or for the development and improvement of educational sites, services, or applications. 5.5 SAFETY Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. in carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws. rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 5.6 PROJECT Consultant shall provide adequate staff and resources to facilitate all Consultant activity. Should Consultant fail to adequately staff or protect, the District may, at its sole discretion, retain third party consulting services and back charge Consultant for all third-party fees. 5.7 indemnification: To the fullest extent permitted by law. Consultant shall defend (with counsel of District's choosing), indemnify and hold the District, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death. in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney?s fees and other related costs and expenses. Consultant?s obligation to indemnify shall not be restricted to insure proceeds, if any, received by Consultant, the District, its officials, officers, employees, agents, or voiunteersl 16 Page 7 of 12 SAN YSIDRO SCHOOL DISTRICT 435G Otay Mesa Road. San CA 92173 Design Professionals: If Consultant?s obligation to defend, indemnify, andlor hold harmless arises out of Consultant's performance as a ?design professional" (as that term is defined under Civil Code section 2782.8), than, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant and upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant?s liability for such claim. including the cost to defend shall not exceed the Consultant's proportionate percentage of fault. 5.8 AMENDMENTS This Agreement may not be amended except in writing signed by both Parties. 5. 9 SEVERABILITY if any section, subsection, sentence, clause or phrases of this Agreement or the application thereof to any of the Parties,? [5 for any reason held invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to this Agreement. 5. to GOVERNING LAW This Agreement shall be governed by the laws of the State of California. Any action brought to enforce the terms of this Agreement shall be brought' In a state or federal court located in the County of San Diego, State of California, but only after dispute resolution as provided herein. 5.11 CONFLICT OF INTEREST For the term of this Agreement, no member, officer or employee of District, during the term of his or her service with District. shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 5.12 SCHOOL SAFETY, FINGERPRINTING AND BACKGROUND REQUIREMENTS: Consultant agrees with the provisions of Education Code Section 45125.1 regarding the submission of fingerprints to the California Department of Justice. Consultant shall not be permitted to have any contact with bistrict pupils until such time as Consultant has verified in writing to the District that they have complied with Educational Code Section 45125.1. (Please complete attached School Safety Certification Form.) For Ed Code 49406 and Assembly Bill 1667, the District requires for Tuberculosis (TB) Clearances to be in place by anyone coming in contact with pupils. Please submit TB Clearance to the Business Services Office. This section may be waived if the District determines that the Consultant and/or its employees will have limited contact with District pupils?or if Consultant and/or its employees will be supervised at all times by District staff. District is waiving this requirement . 5.13 ALL FACILITIES ARE DRUG AND TOBACCO-FREE ANY DRUG. ALCOHOL TOBACCO USE (SMOKED 0R SMOKELESS) IS PROHIBITED AT ALL TIMES ON ALL AREAS OF THE DISTRICT FACILITIES. 5.14 NOTECES ICONTACT INFORMATION All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by personai service, email or by U.S. Mail, mailed certified mail with return receipt requested, addressed to the following entities. 14B.16 Page 8 of 12 SAN YSIDRO SCHOOL DISTRICT 4350 Ctay Mesa Road. San CA 92173 SCHOOL SAFETY CERTIFICATION FORM PURSUANT TO EDUCATION CODE 45125.1 and Penal Code section 667.5(o) or a serious felony listed in Penal Code section 1192.7(c) Fingerprinting and Criminal Background investigation Requirements The San Ysidro School District (District) has determined under Education Code Section 45125.1, subdivision (0) that crating services under this contract, ContractoriConsuitant's employees andlor lta tsISubcontractors may have contact with pupils (hitter) As required under Education Code Section 45125.1 subdivision Consultant shall require their - areas, in luding the employees of any sub-consultant andior subcontractor, who will provide services pursuant to I contrac to submit their iingerprints' In a manner authorized by the Department of Justice in order to conduct - 5 I met be kground check to determine whether such employees have been convicted of or have charges pending - 'i defined under Education Code Section 45122.1. .. (Initial) Consultant shall not permit any employee to perform services that may come in contact with pu under this contract until the Department of Justice has determined that the employee has not been convicted as no criminal charges pending for a felony as defined in Education Code Section 45122.1 and in Penal i 667.5(c) or a serious felony listed in Penal Code section (initiai) Consultant certifies that all of its empi oyees who may come in contact with pupils have not been J-d of or have no criminal charges pending for a felony, as defined' In Education Code Section 45122.1 and I v, - section 667. 5(0) or a serious felony listed so Penal Code section 1192 37(0) 33y (initial) Consultant shall defend, indemnify. protect and hold the District and its agents, officers and . I, as mless from and against any and all claims asserted or liability established for damages or injuries to rson or ?sporty which arise from or are connected with or are caused or claimed to be caused by Consultaan ., to co ply with all of the requirements contained in Education Code Section 45125.1, including, but not limited I . qu'- ems ts prohibiting Consultant from using employees who may have contact with pupils who have been 3 er . hav I charges pending for a felony in Education Code Section 45122.t . I (initi I) For Ed Code 49406 and Assembly Bill 1667, the District requires for Tuberculosis (TB) Clearances to a l: . anyone coming in contact with pupils. 13? trial) Consultant?s individualslemployees and/or Subconsclients/Subcontractors who may come in contact wi .7. via In the performance of services in this contract agree to provide fingerprint and TB Clearances {at th: I expense) to be compliance with the above-mentioned Ed Codes before commencement of any services I'Ind - this contract. The District will provide LiveScan form it necessary. - certify to the District?s Governing Board that have read and understand the above terms and conditions and wlil report any changes that may affect the performance services of this contract. - i certify to the District's Governing Board that none of the Consultant's andior Subconsultantsisu boontracto rs cartooning services under this agreement have been convicted of a felony as defined in Education Code Section 45i22.1 and in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1 . certiiyto the Blasters Governing Board that all of the Consultant?s and emptoyees individuals performing services under this agreement are clear of tuberculosis (TB) as defined on Education Code Section 49406 and Assembly 1667 Company Name: Bail mm Ed Ul CLUH Oil LLC: n'tat rind Whig 6V Date i 0 L34 /j Page 9 of 12 Signature SAN SCHOOL DISTRICT 4359 Otay Mess Road. San Ysidro. CA 92173 San Ysidro Scheoi- District Executive Director Services 4350 - 6 ENTIRE AGREEMENT This Agreement represents the entire understanding of District and Consultant as tn those matters contained herein, and supersedes and canceis any prior are! or written understanding, promises or representations with respect to those matters covered hereunder. To the extent that any provision or clause contained in an attachment to this Agreement conflicts with a provision or oiause in the Agreement. the provision .or clause in this Agreement shalt controi. This Agreement may not be meditied or aitered except in writing signed by both parties hereto. This is an integrated Agreement. 7 WARRANTY OF AUTHORITY: Each of the parties signing this Agreement warrants to the other that he or she has the tuii authority of the District on behalf of which his or her signature is made. CONSULTANT DISTRICT San Ysidro Schooi District Firm Name Signature Mam Adrianzen Chief Business Official Print Name Titie Date Board Approved: Revised 09-13-13 143.16 Page 10 of 12 SAN YSEDRO SCHOOL DISTRICT 4350 may Mesa Road. San Ysidm. CA 92173 EXHIBIT. A SCOPE OF SERVICES See attached invoice No. 57759 for Professional Deveiopment - Product Training Product Description Unit Price Qty. Tate! PR898 PD Product Training additional days $2,830.00 10 $28,000.00 Benchmark Education (BECLagrees that both the San Ysidro Schooi District and SEC are on! bound to the terms conditions on is Professional Services Agreement for the services indicated agave. Each of the parties signing this Agreement warrants to the other that he or she has the full authority on behaif of the Party which his or her signature is made. Appreved: Benchm?duca?on ngpany LLC Firm San Ysidro School District Firm Name ihori ?dAgent Date: Cc wear 3m: are ?Age 9 tar? in WI Signature Marilyn Adrianzen, Chief Business Of?cial Print Name. Title Date 1413.16 Page 11 of 12 EXHIBIT A I V0 I Page Customer Invoice . 1 101 1 1 1 57759 Benchmark Education Company LLC PO Date Invoice Date Must Ship Date 145 Huguenot 10/20/2018 10/26/2018 New Rochefie New York 10801 Phene: 1?8771236?2465 E. ?El 1 To Ship To SAN YSIDRO SCHOOL DISTRICT SAN YSIDRO SCHOOL 4350 Otay Mesa Rd 4350 Otay Mesa Rd San Ysidro CA 92173-1817 San Ysidro CA 92173-1617 United States United States Memo: Speciai Instructions: Payment Method Customer P0 13 Shipping a?ethod Ship Date Sales Rep To Come UPS Ground 10/26/2018 E01098 MechelIe Pedregal Tracking Shipping Cede Item - Qty - Description I "Item Type - - Tax Rate Amount .312 - 33312898 10 PD-Product Training :Additional Days 0% $2,800.00 $28,000.00 Subtotal Tax Shipping Total $28,000.00 $0.00 $0.00 $28,000.00 2. EXHIBIT A - Page 12012 Page 12 of 12 SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: Superintendent Special Education Informational Oscar Madera, Director Action AGENDA ITEM: AGREEMENT WITH DR. GARY SNEAG, O.D., OPTOMETRIC CORP OR VISION ASSESSMENT BACKGROUND INFORMATION: Dr. Gary Sneag of Family Vision Care will be presenting a Developmental Vision Assessment via conference call, at the Individualized Education Program (IEP) meeting for a Student with special needs, per OAH #20170701 12 dated September 26, 2017. RECOMMENDATION: Approve the agreement with Dr. Gary Sneag, O.D., Optometric Corp to present a Developmental Vision Assessment at an IEP meeting at a cost up to $95.00 from the Special Education fund. LCAP GOAL AND Goal 1, Item 1.21: Continue to provide site and/or district based academic intervention programs to serve the districts subgroups English Learners, Low Income, Students with Disabilities, etc.) and educationally disadvantaged students in program improvement schools. Personnel (eg. instructional aides) may be hired to support in-class interventions for all student subgroups and educationaily disadvantaged students at all school sites. Renewal New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018?2019 Budget? Requisition Yes $95.00 I I Specral Education I I (Amount) (Name of funding source and/or location) (Funding account number) Recommended for I Approval Denial Cettl?cation Requested I: Yes No Superintendent?s Office Certification 0. A Gina A. Potter, Superintendent Secretary to the Board Page 1 0f 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into this 9tit day of November 2018, by and between the San Ysidro School District, hereinafter called the ?District?, and Gary Sneag, OD. Optometric Corp (Famiiy Vision Care) (858) 560-5t81 Company/Consultant Teiephone Number 4310 Genesee Ave, Ste. 101, San Diego, CA 92117 Address Emaii hereinafter referred to as "Consultant.? 1 1.1 SCOPE AND TERMS SCOPE OF SERVICES Scope of Services. in compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the Consultant Services Documentation (?attached documents?) attached hereto as Exhibit and incorporated herein by this reference, which services may be referred to herein as the "services" or ?work" hereunder. As a material inducement to the District entering into this Agreement, Consuitant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the work and services contemplated herein and, in light of such status and experience, Consultant covenants that it shall foliow the highest professional standards in performing the work and services required hereunder and that ail materiais shail be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. Compliance with Law. Ail services rendered hereunder shall be provided in accordance with any and all applicable ordinances, resoiutions, statutes, regulations of the District, City and any Federai, State or locai governmental agency having jurisdiction in effect at the time service is rendered. Each and every provision required by iaw to be inciuded in this Agreement shall be deemed to be included by this reference, and this Agreement shall be read and enforced as though they were inciuded. Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such iicenses, permits and approvais as may be required by law for the performance of the services required by this Agreement. Consuitant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penaities and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless District against any such fees, assessments, taxes penalties or interest ievied, assessed or imposed against District hereunder. 1.2 TERM Initial Term: From: November 9, 2018 To: June 30,2019 The Initial Term of this Agreement as noted, uniess eariier terminated as provided herein. The Parties may mutuaiiy agree to extend this term only by written amendment. Should the Parties agree to extend the term of this Agreement; the Agreement can only be extended on a year-?to?year basis with written approval unless otherwise indicated in writing and in accordance with the law. 143.17 Page 2 of 11 2 2.1 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 FEES AND PAYMENTS FEES District shall pay Consultant for the specified services as reflected on ExhibitA during this contract term. 2.2 PAYMENTS 4.1 Consultant shalt submit to District an itemized invoice which indicates work completed by Consultant. District shaii review each invoice and/or receipts submitted to determine that the work performed and expenses incurred are in compliance with the provisions of this Agreement. District shall pay Consuitant within a reasonable time and in accordance with this Agreement. ADDITIONAL SERVICES. District shaii have the right at any time during the performance of the services, without invaiidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by attering, adding to or deducting from said work as described herein. No such extra work may be undertaken unless a written order is first given by the District Contract Officer to the Consultant, incorporating therein any adjustment in the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval or ratification of the Contract Officer. However, any increase in compensation beyond the Contract Sum, for services beyond what is contemplated in the Contract, must be approved or ratified by the Board of Education in a signed writing prior to any payment. Additionally, any other increases, extensions or renewals must be approved in writing by the Board of Education. it is expressiy understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contempiated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consuitant shaii not be entitled to additionai compensation therefore unless specifically authorized pursuant to the terms of this section. . RESPONSIBLIITIES OF CONSULTANT ORGANIZATEON Consultant shall assign Company Contract as Project Manager. The Project manager shall not be removed from the Project or reassigned without the prior written consent of District, which consent shall not be unreasonably withheld. Consultant shall make every reasonabie effort to maintain the stability and continuity of Consultant?s staff assigned to perform the services required under this Agreement. 4.2 OF SERVICES Consultant agrees to work closely with the District staff in the performance of Services and shail be availabie to the District staff, consultants and other staff at reasonable times. 4.3 STANDARD OF CARE: Consultant shail perform all Services under this Agreement in a competent and timely manner, consistent with the standards generaily recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that ail of Consultant's employees and subConsultants shalt have sufficient skill and experience to perform the Services assigned to them. Consultant further represents that it, its emplOyees and subConsuitants have ait licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shalt be maintained throughout the term of this Agreement. Any of Consultant?s empioyees who are determined by District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any of Consultant's employees who fail or refuse to perform the Services in a manner acceptable to District, shaii be removed from the Project by the Consuitant and shall not be re-empioyed to perform any of the Services or to work on the Project. 4.4 INDEPENDENT CONSULTANT ADDETIONAL PERSONNEL Consultant is retained as an independent consuitant and is not an agent or employee of the District. No employee or agent of Consultant shall by this Agreement become an agent or empioyee of the District 4? to be performed shall be in accordance with the work described herein, subject to such direction and ail: mime from District as herein provided. Consuitant shalt have no authority, express or implied, pursuanpagu's ggfp?rMnt SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 to bind District to any obligation whatsoever, except as specificaliy provided in writing by District. Any additional personnel performing the Services under this Agreement on behalf of Consultant shalt at all times be under Consultant?s exciusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by iaw. 4.5 LAWS AND REGULATEONS Consultant shall keep itself fuiiy informed of and in compliance with all local, state and federal iaws, rules and regulations in any manner affecting the performance of the Project or the Service. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 4.6 MAINTENANCE OF RECORDS Consuitant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shail be clearly identifiabie. Consultant shall allow a representative of the District during normal business hours with reasonable notice to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 4.7 INSURANCE (1) Time for Compliance. Consultant shall not commence Services under this Agreement untii it has provided evidence satisfactory to District that it has secured all insurance required under this Section. in addition, Consultant shalt not allow any Subcontractor or employee to commence work until it has provided evidence satisfactory to the District. (2) Minimum Requirements and Limits. Consultant and Subcontractors shall, at its expense, procure and maintain for the duration of this Agreement, Public and Property Damage insurance to protect them and the District from all claims for injuries to persons, including accidentai death, as well as from all claims for property damage which may arise from or in connection with the performance of the Agreement by the consultant, its agents, representatives, and employees. Such insurance shall survive after this agreement as permitted bylaw. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): including premises, Operations Products and Completed Operations, Contractual and independent Contractors Liability: 000, 000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be 000, 000. 2. Automobite Liability: $1,000,000 per accident for bodily injury and property damage. Workers? Compensation (Employer?s Insurance): as required by the State of California, with Statutory Limits, and Employer?s Liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of San Ysidro School District. 4. Professional Liability (Errors and Omissions): insurance appropriates to the Consultant?s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (Any self-retained limit shall be greater than $25, 000 per occurrence/event. 5. Improper Sexual Conduct: $1,000,000 per occurrence with an aggregate of not less than $2,000,000 for damages because of bodily iniury by reason of negiigent hiring and supervision. (Coverage may be included under General Liability) lithe Consultant maintains higher limits than the minimums shown above, the District requires and shall be entitied to coverage for the higher limits maintained by the Consultant. Additional insured Status The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consuitant?s insurance (at least as broad as ISO ft 85 or both forms it later revisions used). Page 4 0f 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidrc, CA 92t73 Primary Coverage For any claims reiated to this contract, the Consultant?s insurance coverage shalt be primary insurance as respects the District, its officers, officials, empioyees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shalt be excess of the Consultant?s insurance and shall not contribute with it. Notice of Cancellation The Provider shall file, with the District, Certificates of insurance indicating a thirty-day (30) cancellation notice and naming the SAN YSIDRO SCHOOL DISTRICT as an additional insured with endorsements attached. Waiver of Subroqation Consultant hereby grants to District a waiver of any right to subrogation which any insurer of said Consultant may acquire against the District by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision appties regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. Deductibies and Self-insured Retentions Any deductibles or self-insured retentions must be deciared to and approved by the District. The District may require the Consultant to purchase coverage with a lower deductibie or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. of insurers insurance is to be pieced with insurers with a current AM. Best?s rating of no iess than A-:Vll, unless otherwise acceptable to the District. Claims Made Policies (note we should be applicabie only to professional liability, see below) If any of the required poiicies provide claims-made coverage: t. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of Work. 3. if coverage is canceled or non-renewed, and not repiaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase ?extended reporting? coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work/services commences. However, faiiure to obtain the required documents prior to the work beginning shall not waive the Consultant?s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, inciuding endorsements required by these specifications, at any time. 5 GENERAL 5.t DELAYS lN PERFORMANCE (1) Neither District nor Consultant shall be considered in default of this Agreement for deiays in performance caused by circumstances beyond the reasonable control of the non?performing party. For purposes of this Agreement, such circumstances inciude but are not limited to, abnormal weather conditions; iioods; earthquakes; tire; epidemics; war; riots and other civii disturbances; strikes, lockouts, work slowdowns, and other disturbances; sabotage orjudiciai restraint. . 14B 17 Page 5 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 (2) Should such circumstances occur, the non-performing party shalt, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 5.2 OF SERVICES The District may, in its sole discretion, suspend all or any part of Services provided hereunder with cost to date of suspension. Consultant may not suspend its services without District?s express written consent. 5.3 TERMINATEON OF AGREEMENT (1) Grounds for Termination. Districtqmay, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated oniy for those services which have been adequateiy rendered to District to date of the notice of termination and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. (2) Consultant's Termination for Cause. This Agreement may be terminated by the Consultant upon thirty (30) days written notice to the District only when the District has substantiallytailed to perform its obligations under this Agreement. The written notice shall include a detailed description of the District?s failure to perform, status of the work completed as of the date of termination together with a description and a cost estimate of the effort necessary to compiete work in progress. In such event, the Consuitant shall be compensated for services completed to the date of termination, together with compensation for such approved Additional Services performed after termination which are authorized by the District to conclude the work performed to the date of termination. Upon the District?s request and authorization, Consultant shall perform any and all Additionai Services necessaryto wind up the work performed to the date of termination. (3) Effect of Termination. if this Agreement is terminated as provided in this Section, District may require Consultant to provide all finished or unfinished documents, date, programming source code, reports or any other items prepared by Consuitant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request. . (4) Terminated Services. In the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such manner as it may determine appropriate, services similar or identical to those terminated 5.4 OWNERSHIP OF MATERIALS AND All materials and data, including but not limited to, data on electronic or magnetic media and any materials, documents and data required to be made or kept pursuant to federal, state or focal iaws, rules or regulations, prepared or collected by Consultant pursuant to this Agreement, shall be the sole property of the District, except that Consultant shall have the right to retain copies of all such documents and data tor its records. District shall not be limited such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shall be at District?s sole risk and provided that Consultant shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this Agreement. (2) All such materials and data shall be provided to the District, or such other agency or District as directed by District or required by law, rule or regulation, as they become due during the term of this Agreement as direct by District. (3) The District is a California public entity subiect to all state and federal laws governing education, including but not limited to California Assembly Bill 1584 (AB 1584), the California Education Code, the Children?s Online Privacy and Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), and Privacy regulations and any other privacy laws, policies and regulations that may apply such as American Recovery and Reinvestment Act of 2009 and the Health information Technology and Economic Clinical Health Act of 2009 14B. 17 Page 6 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 A81584 requires, in part, that any agreement entered into, renewed or amended after January 1, 2015 between a locai education agency (LEA) and a third-party service provider must include certain terms; and the LEA and the Service Provider desire to have this Agreement and the services provided compiy with A81584. This inciudes to all forms of protected health information, including paper, oral, and electronic, etc. Furthermore, only the minimum health information necessary to conduct business is to be used or shared. Pupii records obtained by the Consultant/Service Provider from LEA/District continue to be the property of and under the controi of the District. The Consultant will obtain information regarding disciplinary and/or behavioral events for the purpose of allowing District personnei to improve and provide services to pupils. The Consultant will not be obtaining pupil?generated content. in the event of an unauthorized disclosure of a pupii?s records, the Consuitant shall report to an affected parent, legal guardian, or eligible pupil pursuant to the foiiowing procedure; written communication to the District?s Superintendent, Deputy Superintendent and/or designee. The Consultant shalt not use any information in a pupil record for any purpose other than those required or specificaiiy permitted by this Professional Services Agreement. Consuitant certifies that a pupil?s records shail not be retained or availabie to the Consultant upon completion of the terms of this Professional Services Agreement. District agrees to work with Consultant to ensure compliance with FERPA. Consultant shall not use personaily identifiable information in pupil records to engage in targeted advertising. Pupil records include any information directly reiated to a pupil that is maintained by the District or acquired directly from the pupii through the use of instructional software or applications assigned to the pupii by a teacher or other District employees. Pupii records does not include/not mean pie?identified information (information that cannot be used to identify an individual pupii) used by the third party to (1) improve educational products for adaptive iearning purposes and for customized pupii learning; De?identified information, including aggregated de?identified information. (2) Demonstrate the effectiveness of the operator?s products in the marketing of those products; or for the development and improvement of educational sites, services, or appiications. 5.5 SAFETY Consultant shalt execute and maintain its work so as to avoid injury or damage to any person or property. in carrying out its Services, the Consuitant shall at all times be in compliance with applicable iocal, state and federal laws, rules and regulations, and shaii exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 5.6 PROJECT STAFFING Consultant shall provide adequate staff and resources to facilitate all Consultant activity. Should Consultant tail to adequately staff a project, the District may, at its soie discretion, retain third party consulting services and back charge Consultant for third party fees. Consultant agrees to protect, save, defend, indemnify and hold harmiess the District, their Governing Boards and each member thereof, their officers, employees, agents and volunteers from any and all claims, liabilities, expenses or damages of any nature, including attorneys? fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of or in any way connected with the negligent acts, errors or omissions or willfui misconduct by Consultant Consultant's agents, officers, employees, sub consultants, or independent consultants hired by Consultant under this Agreement. The oniy exception to Consultant? 5 responsibility to protect, save, defend and hold harmless District is where a ciairn, liability, expense or damage occurs due to the soie negligence, or willful misconduct of District. This hold harmless Agreement shaii apply to all liability regardiess of whether any insurance policies are applicabie. The poiicy iimits do not act as a iimitation upon the amount of indemnification to be provided by Consultant. 5.8 AMENDMENTS This Agreement may not be amended except in writing signed by both Parties. 5.9 SEVERABILITY If any section, subsection, sentence, clause or phrases of this Agreement, or the application thereof to any of the Parties, is for any reason held invaiid or unenforceable, the validity of the remainder of the Agreement affected thereby and may be enforced by the Parties to this Agreement. Page 7 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 5.10 GOVERNING LAW This Agreement shaii be governed by the iaws of the State of Caiifornia. Any action brought to enforce the terms of this Agreement shalt be brought in a state or federal court located in the County of San Diego, State of California, but only after dispute resoiution as provided herein. 5.11 CONFLICT OF ENTEREST For the term of this Agreement, no member, officer or empioyee of District, during the term of his or her service with District, shall have any direct interest in this Agreement, or obtain any present or anticipated materiai benefit arisingtherefrom. 5.12 SCHOOL SAFETY, FINGERPRINTING AND BACKGROUND INVESYIGATSON REQUIREMENTS: Consultant agrees with the provisions of Education Code Section 45125.1 regarding the submission of fingerprints to the California Department of Justice. Consultant shall not be permitted to have any contact with District pupils until such time as Consultant has verified in writing to the District that they have complied with Educationai Code Section 45125.1. (Piease attach a copy of this verification.) Per Ed Code 49406 and Assembly Bill 1667, the District requires for Tuberculosis (TB) Clearances to be in piace by anyone coming in contact with pupiis. Please submit TB Clearance to the Business Services Office. This section may be waived if the District determines that the Consultant and/or its empioyees will have limited contact with District pupils or if Consultant and/or its empioyees wiil be supervised at ail times by District empioyees. District is waiving this requirement 5.13 FACILITIES: ALL DISTRICT FACILITIES ARE DRUG AND TOBACCO-FREE FACILITIES. ANY DRUG, ALCOHOL TOBACCO USE (SMOKED OR SMOKELESS) IS PROHIBITED AT ALL TIMES ON ALL AREAS OF THE FACILITIES. 5.14 CONTACT INFORMATION All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: personai service, email or by US. Mail, mailed certified maii with return receipt requested, addressed to the foiiowing entities. CONSULTANT: GARY SNEAG, O.D. OPTOMETRIC CORP. Name: Gary Sneag, OD, FCOVD Title: Owner Address: 4310 Genesee Ave, Ste. 101 City/State/Zip Code: San Diego, CA 921 17 Telephone: (858) 560-51 81 Email: DISTRICT: San Ysidro Schooi District . Name: Marilyn Adrianzen Oscar Madera Title: Chief Business Official Special Education Director Address: 4350 Otay Mesa Road 4350 Otay Mesa Road City/State/Zip code: San CA 92173 San Ysidro, CA 92173 Teiephone: (619) 428-4476 (619) 428?4476 Email: Marilynadrianzen oscar.madera@ svsd.i<12.ca.us 148.17 Page 8 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92i73 6 ENTIRE AGREEMENT This Agreement represents the entire understanding of District and Consuitant as to those matters contained herein, and supersedes and cancels any prior orai or written understanding, promises or representations with respect to those matters covered hereunder. To the extent that any provision or clause contained in an attachment to this Agreement con?icts with a provision or ciause in the Agreement, the provision or clause in this Agreement shalt control. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement. 7 WARRANTY OF AUTHORITY: Each of the parties signing this Agreement warrants to the other that he or she has the tull authority of the District on behalf of which his or her signature is made.? CONSULTANT DISTRICT Gary Sneag, O.D. Optometric Corp San Ysidro School District Firm Name Firm Name Signature of Authorized Agent Signature Gary Sneag, OD, FCOVD, Owner Marilyn Adrianzen Chief Business Officiai Print Name, Title Print Name, Title Date: Date (858) 560-5181 Phone Number Board Approved 1413.17 Page 9 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidro, CA 92173 SCHOOL SAFETY FORM CERTIFICATION PURSUANT TO EDUCATION CODE 45125.1 Fingerprinting and Criminat Background investigation Requirements The District has determined under Education Code Section 45125.1, subdivision (0) that in performing services to this contract, Consultant?s employees may have contact with pupils. As required under Education Code Section 45125.1, subdivision Consultant shaii require their employees, including the empioyees of any sub?consultant and/or subcontractor, who will provide services pursuant to this contract to submit their fingerprints in a manner authorized by the Department of Justice in order to conduct a criminai background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code Section 45122.1. (Initial) Consuitant shaii not permit any empioyee to perform services that may come in contact with pupils under this contract until the Department of Justice has determined that the employee has not been convicted oi a felony or has no criminal charges pending for a felony as~defined in Section 45122.1. - (Initial) Consultant certifies that all of its employees who may come in contact with pupils have not been convicted of or have no criminai charges pending for a felony, as defined in Education Code Section 45122.1. (Initial) Consultant shall defend, indemnify, protect and hold the District and its agents, officers and empioyees harmless from and against any and ali ciaims asserted or liability established for damages or injuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant?s failure to comply with all of the requirements contained in Education Code Section 45125.t, including, but not limited to, the requirements prohibiting Consultant from using employees who may have contact with pupils who have been convicted or have charges pending for a felony in Education Code Section 45122.1. (Initial) it is understood that by signing this document, Consultant agrees that they are familiar with EducatiOn Code Section 45122.1. (Initial) Per Ed Code 49406 and Assembly Bill 1667, the District requires for Tuberculosis (TB) Clearances to be in place by anyone coming in contact with pupils. (Initial) Consultant?s individuals/empioyees who may come in contact with pupils in the performance of services in this contract agree to provide fingerprint and TB Clearances (at their own expense) to be in compliance with the above mentioned Ed Codes before commencement of any services under this contract. The District will provide LiveScan form. (Initial) Consultant wiil provide a list of their empioyees names who will be assigned to work at the District?s locations during the term of this agreement and who may come in contact with pupiis in the performance of services in this contract. (Initial) Consultant will notify the District of any changes (add/remove) in empioyees assigned to any of the District?s school sites and wit! provide the proper clearances required before the commencement of services of the individual employee(s). a i certify that i have read and understand the'above terms and conditions and wili report any changes that may affect the performance services of this contract. - certify that none of the individuals identi?ed on the attached list of Consultant?s employees have been convicted of a felony as defined in Education Code Section 45122.1. . I certify that all of the individuals identified on the attached list of Consultant?s employees are ciear oi tubercuiosis (TB) as defined on Education Code Section 49406 and Assembly Bill 1667. Consultant Name/title of authorized representative (Print) . 14B.17 Signature Date Page 10 of 11 SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road, San Ysidm, CA 92178 SCOPE OF SERVICES Developmental Vision Assessment presentation at the IEP meeting: $95.00 Total cost not to exceed $95.00 14B.17 Page 11 0f 11 SAN YSIDRO SCHOOL DISTRICT G0 VERNIN BOARD A GENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIALW Superintendent Educational Services El Informational Manuela Colom, Executive Director Action AGENDA ITEM: AGREEMENT WITH ACHIEVE3000 FOR DIFFERENTIATED LITERACY AND STAFF DEVELOPMENT AMENDMENT BACKGROUND INFORMATION: On September 13, 2018 the Governing Board approved the Agreement with Achieve3000 to renew the Differentiated Literacy Solution package and professional development training for La Mirada, and Willow Schools (Quote 117286 attached): . Achieve3000 Implementation Resources for students and teachers I Full Technical and data support I Six Professional Learning Services (PLS). The District would like to include Sunset School to receive these services (Quote 118049) at a cost of $4,526.00. In addition, the agreement has been amended as recommended by legal counsel. RECOMMENDATION: Approve the amendment to the Achieve3000 Agreement for a Differentiated Literacy Solution Package to include Sunset School at a cost of $4,526.00 from the Supplemental and Concentration fund. LCAP GOAL AND Goal 1: Student Achievement - Action 1.19: Continue to provide supplemental programs and resources Reading Renaissance, math manipulatives, etc) to support student achievement in core content areas. {were Renewal New Amendment Ratify Other Busmess Serwces Revuewed: we?, Financial Implications? Are funds for this item avaiiable in the 20i8-20E9 Budget? Requisition Yes No Yes No 1 $4,526.00 i i Supplemental Concentration Fund i I -- i (Amount) (Name or? funding source and/or location) (Funding account number) Certi?cation Requested Yes No Superintendent?s Office Certi?cation: Recommended for: Approval [1 Denial a A Gina/ A. Potter, Superintendent 1413.18 Secretary to the Board Page 1 of 26 lof2 00? Quote ID: 118049 Quote Date: 09/19/18 Contract Period: 09/19/18 06/30/19 Valid Until: 10/31/18 Client Information Account Name: Sunset Elementary School Address Client .. .. 7. . ?3825 Sunset Ln ?Efrain Burciaga gSan Ysidro, CA 9217343334 :Ematl: ?Phone: 6194281148 Phone: 619-913-9690 Product . .. . .. . . . .. .. . . . . cost' Qty Total Achieve3000??s Pro Differentiated Literacy Soiution: includes 1 $42.00 per 53 $2,226.00 student license student 3 Professional Development Services $2,200.00 per i 1 '5 $2,200.00 (2018?2901) session fAchieve3000 Implementation Resources for teachers and students. $100.00 Subtotal: $4,526.00 ORDER TOTAL: $4,526.00 See Next Page for Quote Acceptance 14B.18 Page 2 0f 26 9/19/2018, 4:00 PM ACHIEVEBI Acceptance for Quote ID #118049: $4,526.00 AchieveBOOG Account Name Signature Signature Name, Title Name, Title Date Date The Compiete Signed Quote and Purchase Orders can be sent to: 1985 Cedar Bridge Ave, Suite 3 Lakewood, NJ 08701 Fax: 3162210718 Email: orders@achieve3000.com For questions, please contact your renewal representative, Jennifer Ross. Email: iennifer.ross@achieve3000.com Phone: 732-523?5660 This quote is governed by and subject to the terms and conditions at By signing this quote, you are agreeing to such terms and conditions. About Achieve3000? AchieveBGOO is the leading literacy platform in today?s blended teaming programs, with ctoud?based soiutions that serve nearly three million students worldwide. Based on decades of scientific research, Achieve3000?s patented and proven differentiated instruction for grades PreK~12 and adult education reaches all students at their individual reading tevels to acceierate learning, improve high stakes test performance, and drive cotlege and career success. To explore more options, such as our multi-year quote with PRICING for three futl years, please contact salessupport?ac?1ieve3000com for an adjusted quote. Discover all of Achieve3000's research?based solutions by visiting ea L. Smeriyaata' rte-emanation animus-3900' assumes-$000 taveISet 14B.18 Page 3 of 26 2 of2 9/19/2018, 4:00 PM SAN YSIDRO SCHOOL DISTRICT 4350 Otay Mesa Road. San Ysidro, CA 92373 ADDENDUM TO CONTRACT The San Ysidro School District and Achieve3000 enter into this Addendum to clarify the terms and conditions for Agreement for Achieve3000 to provide Pro Differentiated Literacy Solution Student Licenses and Professional Development Services at La Mirada, Willow and Sunset Schools during fiscal year 2018-19 as indicated on Quote No. 117286 and No. 118049. This Addendum is expressly incorporated into the Agreement, effective as of the same date. 1. It is understood that the following terms and conditions are incorporated into the Agreement and the services are subject to the following, except as otherwise noted herein: 1.1 Terms of Service, as set forth at 1.2 Terms of Use (applicable to site users), as set forth at 1.3 Data Processing Addendum, as set forth at addendum/ 1.4 Privacy Policy, as set forth at 2. Achieve3000?s Terms and Conditions are amended as follows: 2.1 TERMS OF SERVICE: Section No. 22 General The Terms of the agreement between San Ysidro School District and Achieve3000 shall be governed by the laws of the State of California with jurisdiction of and venue in state and federal courts in the State of California, in the judicial district of San Diego County. 2.2 TERMS OF USE: Section No. 15 Indemnity This section shall not apply to the District and/or any of its Authorized Users. Section No. 21 4? General The Terms of the agreement between San Ysidro School District and Achieve3000 shall be governed by the laws of the State of California with jurisdiction of and venue in state and federal courts in the State of California, in the judicial district of San Diego County. 3. All other Terms and Conditions of the Agreement between San Ysidro School District and Achieve3000 as re?ected on Quote No. 117286 and No. 118049 shall remain the same. 4. The District and each of the parties signing this Amendment warrants to the other that he or she has the full authority to sign on behalf of the Party which his or her signature is made.// - Signature Page follows - 143.18 Page 4 of 26 SAN YSIDRO SCHOOL DISTRICT 4350 Gray Mesa Road, San Ysidro, CA 92173 Achieve3000 San Ysidro School District Firm NamW Firm Name Signature of Authorized Agent Signature Michaei Vantusico, Chief Financial Of?cer Print Name, Title 10/29/2018 Marilyn Adrianzen, Chief Business Official Print Name, Title Date: Date Board Approved 14B.18 Page 5 of 26 AC I EVE3 a a 0i ervice Aehieve3000? TERMS OF SERVICE The following Terms of Service are incorporated by reference into the order or contract under which you, a school district, public or private school or other entity have agreed to purchase the right to permit your students, parents, teachers and school administrators (?Authorized Users?) to access and utilize one or more educational services provided by Achieve3000 (each such service, ?Service?, and Achieve3000, ?Us? or In the event of a con?ict between the order or contract under which You have agreed to make your purchase and these TOS, the con?icting terrn(s) of these TOS shall prevail, unless You and We expressly state in a subsequent written document that You and We intend that the conflicting terms of that document prevail over the conflicting terms of these TOS. 1. CONTENT OF YOUR PURCHASE AGREEMENT The agreement under which You are purchasing the right to permit your Authorized Users to access and utilize particular Services (?this Agreement?) consists of the written order or purchase agreement in which the speci?c Service(s) to be provided (including related professional development training), the school(s) to whom the Services are to be provided, the period during which the Authorized Users shall have the right to access and utilize the identified Service(s), pricing, invoicing schedule and other implementation?specific details and terms are specified (?Your Written Order or Agreement?) and these TOS. Your Written Order or Agreement and these TOS contain the entire agreement and understanding regarding our provision of the speci?ed Service(s) to You and your Authorized Users, and supersede all prior oral and written agreements between You and Us regarding the subject of this Agreement, if any. In the event that any of the terms set forth in this Agreement are held invalid, illegal or unenforceable, all of the remaining terms of this Agreement will remain in effect. Achieve3000 reserves the right to amend, remove or add to these TOS at any time. Please check this page periodically for any modifications. Your continued use of Services provided by Achieve3000 shall signify your acceptance of the then-current TOS. 2. TERM OF THIS AGREEMENT Except as provided in the following sentence and unless stated otherwise in Your Written Order or Agreement, this Agreement shall commence on August 1 of the year in which You execute Your Written Order or Agreement (the ?Subscription Start Date?), and shall conclude on June 30 of the following year (the ?Subscription End Date?, and such period between the Subscription Start Date and Subscription End Date constituting ?the Term?). The previous sentence notwithstanding, when You execute Your Written Order or Agreement subsequent to August 1, the Subscription Start Date shall be and the Term shall commence on such date and conclude on June 30 of the following year, and the Subscription End Date and Term of all multi?school year agreements shall be as indicated in Your Written Order or Agreement. 14B.18 Page 6 of 26 3. DESCRIPTION OF SERVICES The elements of each Service purchased hereunder (each a ?Service Element?), and the date on which the appropriate Authorized Users may access and utilize each element are as follows: Service Element The specified subscription Service(s) to the KidBiz3000?, TeenBiz3000?, Empower3000?, Coach3000?, Smarty Ants@, eScience3000?3?), and Spark3000? service, including Student, Teacher and Home edition, and standards alignment services. LevelSett9 Placement Test, an online assessment which measures students? reading abilities for accurate placement in the content. Interim Test, an online assessment which refines the data about students? reading abilities partway through the implementation period. Post Test, a final assessment of students? reading levels at the culmination of the program. Ennail3000? email service. Online Professional Development materials for educators delivering differentiated reading instruction. Orr-Site Professional Development sessions. Online Professional Development sessions. 4. LICENSE GRANT Date on Which the Appropriate Authorized User May First Access and Utilize This Service Element (the ?Service Element Activation Date?) Thirty (30) days before the Subscription Start Date (or as of the actual order date, if the order date is less than thirty (30) days before the Subscription Start Date) Subscription Start Date During December for full-year implementations and for partial year implementations that span the first school semester During April for partial year implementations that span only the second school semester Sixty (60) days prior to the Subscription End Date Subscription Start Date Subscription Start Date As indicated in this Agreement As indicated in this Agreement Effective as of the Service Element Activation Date applicable to each Service Element, your appropriate Authorized Users are granted a limited, non?transferable, non?sub-licensable, none exclusive, personal license (revocable in the event of breach) to access and utilize the applicable Service Element that You have purchased the right to access and utilize, solely for educational 143.18 Page 7 of 26 purposes and solely as permitted by this Agreement, during the Term. The term ?appropriate? here means that Service Elements intended for use by students may be accessed and utilized by any Authorized User, and that Service Elements intended for use by teachers and school administrators may only be accessed and used by Authorized Users functioning in those roles. The foregoing notwithstanding, We will not be obligated to provide any Service to any user who has not agreed to our Privacy Policy and (ii) to comply with our end user Terms and Conditions of Use (?Terms of Use?). We reserve the right to change our Privacy Policy (subject to Section 10 of these TOS) and Terms of Use at any time without prior notice. We will charge You for each Service You purchase based on the number of permitted users or ?Licensed Seats? You elect for that Service and the applicable license pricing for the Service. To allow You additional ?exibility in your use of the Services for appropriate purposes, We may permit Authorized Users in excess of the then?current number of Licensed Seats You have already purchased for that Service (?Additional Users?). From time to time during the Term, We will compare the number of Authorized Users You have provided with access to a Service with the number of Licensed Seats You have purchased for that Service. If the number of Authorized Users exceeds the number of Licensed Seats You have purchased for the Service, We will notify You in writing and invoice You for the Additional Users We have identified through Our comparison. We will work with You to resolve any question or issue You may have regarding the number of Additional Users We have identified or the associated additional Service fees We have invoiced for those Additional Users. 5. RESERVATION OF RESTRICTIONS ON CONTENT DISCLAIMER Every aspect of each Service, including its underlying concepts, methodologies, processes, formats, speci?cations, other know-how, site layout, design, images, programs, text, forms and other information (collectively its ?Content?), is solely our property and the property of our licensors. You receive no rights to or interest in any Content other than the rights conferred upon You by Section 4 of these TOS. All Content is protected by copyright and other intellectual property laws, and nothing herein grants You any ownership interest in any Content or any right with respect to any Content other than those rights expressly granted in Section 4 of these TOS. . You and your Authorized Users may not permit any third party whom We have not provided a user ID and password to access or utilize any Service. . You and your Authorized Users may not copy, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of any software used to provide any Service or permit any other party to do so. Content may not be merged with any other service or software, or be adapted or modified in any way, by anyone. . You and your Authorized Users may not a) copy, reproduce, publish, distribute, modify, transfer or in any way commercially exploit any part of the Content, b) mirror the Content on any other server, c) create any derivative works, c) attempt to avoid, circumvent, or disable any security device, procedure, protocol, or mechanism that may be established with respect to the Content or d) delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed on or in the Content. . You and your Authorized Users may not engage in systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory of any kind without our written permission. You may not use any robots, spiders, crawlers or other automated downloading programs or devices to search any Content, harvest personal information, or cause disruption to the Service. 143.18 Page 8 of 26 . You and your Authorized Users may print or download Content for your own personal educational use, provided You keep intact all copyright and other proprietary notices. Achieve3000 shall have the right, but not the obligation, to remove any Content at any time. 6. COMMENTS During the Term, You, through your employees and agents, may contribute certain ideas, comments, criticisms, and suggestions for improvements, modi?cations, and other changes to the Services (including with respect to associated Content) (collectively, ?Comments?). You agree that We may use, modify, and incorporate these Comments as We see fit and will own all rights to such Comments as incorporated into our Services. 7. PAYMENT TERMS Unless You and We agree otherwise in Your Written Order or Agreement, We may invoice You for Services and other items purchased hereunder in the case of one year agreements, on the day that you execute Your Written Order or Agreement, and in the case of multiple year agreements, on the day that you execute Your Written Order or Agreement and each anniversary thereof. Payment of the undisputed amounts set forth on each invoice shall be due within thirty (30) days of the date of the invoice. Should You dispute any portion of an invoice, You will communicate to Us in writing the basis of your belief that a portion of the invoice is incorrect no later than the date on which the invoice is to be paid in full, and shall engage with Us in good faith to resolve such dispute as expeditiously as reasonably possible. In the event that timely payment is not received, We shall have the right to deny You and your Authorized Users access to the Services until payment in full is received. 8. TAXES AND TAX RELATED OBLIGATIONS The rates and charges for Services do not include and You acknowledge that You are responsible for any sales, use, excise, gross receipts, personal property, privilege, and value added tax liabilities and any other duties or other transaction taxes or charges imposed by any governmental entity for products and Services provided under this Agreement, excluding only taxes based solely on our net income. You shall hold Us harmless from all claims and liabilities arising from the failure to pay any such taxes, including penalties, interest, duties, tariffs or charges. You will reimburse Us for any and all taxes, assessment, permits and fees that We may be required to pay in connection with this Agreement or its performance. You acknowledge that contemporaneous documentation exemption certificate, etc.) is critical to insure that appropriate tax treatment is afforded and You agree to provide Us with the required documentation in a timely manner. 9. OUR GUARANTEE We will refund all payments received on a prorated basis for any Service provided hereunder other than fees received for Professional Development training, waive our right to future payment, and consider this Agreement revoked if, after You have provided Us the data described in Section l0 and have certified that the teacher of each class of students utilizing the Service(s) has completed the preparation described in Section 1.1, the Service(s) is/are not accessible and useable for extended periods of time by all of your Authorized Users. 10. STUDENT DATA In order to enable Us to provide the Services to You and your Authorized Users, You shall provide Us the following data in electronic form (in .CSV (comma separated values) or .XLS (Excel) format) 14B.18 Page 9 of 26 regarding each student whom You want to enable to use a Service: name of the student?s school, student ID number, student ?rst name, student last name and student grade level (collectively, ?Student Data?). Alternatively, you can upload the data yourself. Visit the Achieve3000 Hub at for secure data upload instructions. At your request We will also accept, include in our reports to teachers and administrators, and treat as Student Data the following additional information: class code or room number, student race/ethnicity, student socioeconomic status, student disability, and such other information that you may request and that we can feasibly track in the course of delivering applicable Services. In our receipt and handling of Student Data, We will act as your contractor and provider of institutional or assessment services, as applicable, and will comply with associated provisions of the Department of Education?s regulations under the federal Family Educational Rights and Privacy Act or We will only use Student Data in a manner that complies with Sections 99.33(a) of the Department of Education?s FERPA regulations and is consistent with our Privacy Policy (which is set forth at You will treat our staff as authorized school recipients of education records under FERPA. In addition, we do and will comply with the provisions of the Children?s Online Privacy Protection Act in the operation of the Achieve3000 website through which your Authorized Users will access and use Services. Notwithstanding our reservation of right to revise these TOS and our Privacy Policy, no change to these TOS or our Privacy Policy that materially diminishes protections afforded Student Data will become effective with respect to You or your Authorized Users unless and until we have advised You of such change and received your written consent to such change. 11. TEACHER AND ADMINISTRATOR PREPARATION You will require the teacher of each class of students utilizing a Service to be familiar with its use before the teacher permits students, parents, and administrators to access and utilize the Service. Implementation planning and initial training Professional Development sessions, whether online or onwsite, must be completed no later than sixty (60) days after the Subscription Start Date. All subsequent Professional Development sessions purchased hereunder, whether online or onwsite, must be completed before the end of the period indicated in Your Written Order or Agreement. Such session(s) shall not ?roll over? to a subsequent period and You will not be entitled to a refund for such unused sessions. All Professional Development sessions, whether online or on-?site, not scheduled by You within the appropriate time frame as described in this paragraph shall be treated as having been provided by Us. Con?rmed Professional Development sessions may be postponed and rescheduled without charge only upon forty?eight (48) hours? prior notice. Professional Development sessions canceled or postponed on less than forty-?eight (48) hours? prior notice shall be treated as having been provided by Us. We may make additional professional development opportunities available from time to time, on a selective basis, such as participation in a School of the Future?; event. The costs of participation in such events, as well as any associated travel costs, are included in the cost of the Services. 12. INVALID LEVELSET ASSESSMENTS All invalid LevelSet assessments are excluded from reports and portfolios. 1413.18 Page 10 of 26 13. EMAIL COMMUNICATIONS You hereby authorize Us to send electronic mail to your teachers and school administrators for the following purposes: 1. delivering Professional Development and similar materials to your teachers and administrators; and 2. advising You of changes or additions to our Services or about any of our Services. If You do not want your teachers and/or school administrators to receive such emails, please notify Us at support@aehievefiililficom. 14. SERVICE RELIABILITY Subject to our need to perform periodic and routine maintenance, we take reasonable measures to make our Services available 24 hours a day, seven days a week and to maintain saved information. However, technical failures, acts of God and routine and unscheduled maintenance may render one or more Services unavailable at times (including during normal business or school hours), and/or may result in the loss of information. We shall not be liable to You or anyone else for any loss of information or for the non~availability of any Service, unless such loss of information or non? availability of a Service has resulted from our gross negligence. 15. USER CONDUCT You agree that our Terms of Use set forth at are reasonable and appropriate, and shall undertake reasonable measures to assist Us in enforcing such Terms of Use. Derogatory, harmful or unlawful conduct is not permitted on any Services. Your Authorized Users are not permitted to upload, distribute through, or otherwise publish any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party violate any law, or otherwise violate the Code of Conduct or any other provisions of the Terms of Use. 16. TERMINATION . . You or We may terminate this Agreement immediately for default if the other party fails to cure all material defaults in its performance within ten (10) days of its receipt of written notice of its default(s) from the terminating party. . Immediately upon the termination or expiration of any of Your Written Order or Agreement You and Your Authorized Users shall immediately cease use of all Service(s) purchased under that Written Order or Agreement. Should any Written Order or Agreement be terminated prior to its natural expiration, You shall pay Us all amounts owed for Services provided to You and Your Authorized Users under that Written Order or Agreement up to the effective date of such termination. 17. CHANGES TO SERVICES We are constantly innovating in order to provide the best possible instructional solutions to our customers? Authorized Users. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to You. You further acknowledge that We may stop (permanently or temporarily) providing any features or may add new features within any Service at our sole discretion without prior notice to You. 143.18 Page 11 of 26 18. LINKS TO OTHER SITES Our Services may contain hyperlinks to other sites or resources that are provided solely for the convenience and information of your Authorized Users. We are not responsible for the availability of external sites or resources linked, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from, or policies employed by, such sites or resources. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided. Accordingly, You should review the terms and conditions and privacy policies of each linked site, as its policies may differ from ours. If your Authorized Users decide to access linked thirdwparty content and sites, they do so at their own risk. 19. CONFIDENTIALITY ?Con?dential Information? shall mean any and all non?public proprietary business, technical, and operational information disclosed by one party to the Agreement to the other party, including by or through its respective employee, agent, contractor, or representative, during the Term of this Agreement or in connection with correspondence or negotiations culminating in this Agreement, provided such information is clearly marked as ?proprietary? or ?con?dential? or is of such nature that a person would reasonably understand the information to be of a con?dential or proprietary nature. The terms of Your Written Order or Agreement which are unique to You shall be deemed to be Confidential Information of each of us. Each party agrees to secure and protect the Confidential Information of the other in a manner consistent with the maintenance of the other party?s rights therein, using at least as great a degree of care as it uses to maintain the con?dentiality of its own confidential information of a similar nature, but in no event less than reasonable efforts. Each party agrees to hold the Confidential Information of the other party in confidence, not to disclose it to others or use it in any way, commercially or otherwise, except as authorized in writing by the disclosing party or in performance of its obligations under this Agreement. Notwithstanding Achieve3000?s Privacy Policy, Con?dential Information of a party shall not include information which: is as of the time of its disclosure or thereafter becomes part of the public domain through a source other than the receiving party and without claim or challenge by the disclosing party to such public disclosure; (ii) was rightfully known to the receiving party as of the time of its disclosure; or is independently developed by the receiving party without reference to or reliance on Confidential Information of the disclosing party. Notwithstanding a party?s obligations hereunder, it may disclose the other party?s Confidential Information if it the party is required to disclose such Confidential Information pursuant to a duly authorized subpoena, court order, or government authority, whereupon the party subject to same shall provide prompt written notice to the other party prior to such disclosure, so that such other party may seek a protective order or other appropriate remedy. I 20. DATA OWNERSHIP AND LOCATION OF SERVICES You will own data on your Authorized Users? use of our Services (?Program Data?) and the Student Data You provide to us. At your request, at the end of the Term of this Agreement or if and when You otherwise require, We will return or destroy in a veri?able manner Student Data in our possession and provide You with copies of associated Program Data We have not previously provided to You. To comply with applicable laws, we reserve the right to destroy or otherwise dispose of Student Data and Program Data you have not directed us to return or destroy following this Agreement?s Term. You agree that we may use Student Data and Program Data to provide the 1413.18 Page 12 of 26 Services, and that we may use Program Data for our internal purposes, for example, development and assessment of Services and Content. The Services and Content are provided from, and Student Data and Program Data are stored on, servers located in the United States. You acknowledge and agree that we may provide the Services and Content, and store Program Data and Student Data, in this manner. You further confirm that, as applicabie, your transfer of Student Data from outside the United States and our use and processing of such data in connection with delivery of Services to You and Authorized Users are consistent with laws applicable to your transfer and our processing of such data. 21. WARRANTIES AND LIMITATION OF INDEMNIFICATION We warrant that We have the full authority to grant the rights granted to You herein. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO ANY SERVICE PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR UTILITY OF CONTENT, EFFECTIVENESS OF ANY SERVICE IN IMPROVING ANY STUDENT SKILL OR CAPABILITY, OR NONINFRINGEMENT, AND ANY WARRANTY THAT ANY SERVICE WILL BE AVAILABLE AT ALL TIMES OR WITHOUT INTERRUPTION. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, EACH SERVICE IS PROVIDED AND WITH ALL FAULTS, AND YOU UNDERSTAND THAT YOU ASSUME ALL RISKS OF THE SERVICES USE, QUALITY, AND PERFORMANCE. . IN NO EVENT SHALL EITHER YOU OR WE, INCLUDING EITHER OF OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER YOU OR US OR ANY THIRD PARTY, EVEN IF YOU OR WE, AS THE CASE MAY BE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY BE ATTRIBUTED TO THE CONTENT OF COMMUNICATIONS TRANSMITTED BY MEANS OF A SERVICE BY ANY PERSON OTHER THAN OUR EMPLOYEES OR AGENTS. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT FOR ANY REASON SHALL BE LIMITED TO DIRECT DAMAGES UP TO THE TOTAL AMOUNT OF FEES YOU PAID DURING THE TERM OF YOUR WRITTEN ORDER OR AGREEMENT. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE AND OTHER TORTS. IN NO EVENT SHALL WE, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND OUR LICENSORS BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT OR ANY SERVICE. 1413.18 Page 13 of 26 0 FURTHER, IN NO EVENT SHALL WE, INCLUDING ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR LICENSORS BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SERVICE OR CONTENT PROVIDED HEREUNDER TO YOU OR TO ANY AUTHORIZED USER We agree to indemnify and defend You and your employees and and against any action, claim, demand, or liability, including reasonable attorney?s fees and costs, arising from 0r relating to a claim that a Service provided to You hereunder infringes upon the copyright of a third party. If any such Service is held to infringe, or if in our opinion, such a claim is likely to occur, We may, at our sole option and expense, either: procure for You and your Authorized Users the right to continue using the Service in question; or (ii) replace or modify the infringing Service Elements so that they become non?infringing as long as functionality is not materially and adversely affected. If neither alternative nor (ii) is reasonably available, then We may terminate your license to access and utilize the allegedly the infringing Service and We shall return the portion of your advance payment(s) associated with unconsumed Services. The preceding sentences in this bullet states our entire liability and obligation, and yOur exclusive remedy, for infringement. 22. GENERAL Nothing in this Agreement shall cause the relationship between You and Us to be anything other than that of independent contractors. None of your and our actions under this Agreement shall be joint, and You and We have not formed, and shall not form, a joint venture to perform either of our obligations hereunder. The failure of either party to require performance of any part of this TOS shall not be deemed a waiver of any present or future right. Modifications of this Agreement shall be binding only if in writing and signed by an authorized representative of both You and Us. The rights and obligations of each party established herein are intended for the sole use and bene?t of each of the parties and no one else. Accordingly, this TOS confers no rights upon any third party. Except for payment obligations, neither party shall be responsible for any delay or failure in its performance to the extent such delay or failure is caused by causes beyond a Party?s reasonable control. You may not assign this Agreement without our prior written consent, and any attempted assignment of this Agreement without such consent shall be null and void. We may assign this Agreement to any entity that purchases all or substantially all of our assets or that obtains control of Us by purchase, merger or other means. All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed by registered or certified mail, postage prepaid to You at the address set forth in Your Written Order or Agreement, and to Us at Achieve-3000, Inc., 1985 Cedar Bridge Ave, Lakewood NJ 08701, Attn: Chief Executive Officersuch other address as You or We may designate in writing from time to time. The following Sections shall survive the termination or expiration of this Agreement22. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New Jersey, USA, without regard to its principles of conflict of laws. You and We each agree that sole and exclusive jurisdiction and venue for any action or litigation relating to this Agreement shall reside with a federal or state court located in the State of New Jersey. 148.18 Page 14 of 26 23. OUR CONTACT INFORMATION Achieve3000, Inc. 1985 Cedar Bridge Ave Lakewood, NJ 08701 732?367-5505 infG ADDITIONAL RESOURCES Technica? 2mg} Organiza?osza? Mezasuz?ag 3am Precegsing A??eadam t0 Terms; of gazvica 14B.18 Page 15 of 26 DATA PROCESSING ADDENDUM TO ACHIEVE3ODD TERMS OF SERVICE This Data Processing Addendum is an addendum to and part of the Terms of Service and the Agreement between You and Achieve 3000. It appiies to Achieve3000's Processing of Personal Data that is subject to the European Union?s General Data Protection Regulation 20161679 (the (collectively, ?Appiicable Personal Data?) to provide the Services. The terms ?You?, ?Authorized User?, and "Service? have the meanings given them in the Terms of Service. Other capitaiized terms used and not defined in this DPA have the meanings given them in the GDPR. in the event of a conflict between a provision of this DPA and Terms of Service, Achieve3000?s Privacy Poiicy, or another document constituting our Agreement with You, the DPA shall prevail. 1. Processing 1.1 You are the soie Controller of Applicable Personal Data or You have been instructed by and obtained the authorization of the relevant Controller(s) to agree to the Processing of Appiicable Personai Data by as set out in this DPA. You appoint Achieve3000 as Processor to Process Applicabie Personai Date. if there are other Controllers of Applicable Persona! Data, You identify them to prior to providing their associated Applicabie Personal Data to for Processing. 1.2 A list of categories of Data Subjects, types of Applicabie Personal Data, Special Categories of Personal Data and the processing activities is set out in Appendix A to this DPA. The duration of the Processing of Applicabie Personai Data corresponds to the duration of the Services) We provide, unless You otherwise direct Achieve3000 in writing. The nature, purpose and subject matter of the Processing is the provision of the Services. 1.3 will Process Appiicable Personal Data according to your written instructions. The scope of your instructions for the Processing of Appiicable Personai Data is defined by the Agreement, including this GPA, and, if appiicable, your and your Authorized Users' use and configuration of the features of the Service. 1.4 You may provide further Processing instructions that are iegaiiy required ("Additional Instructions?). if Achieve3000 believes an Additional instruction violates the GDPR or other applicabie data protection iaw, Achieve3000 inform You without undue delay and may suspend the performance of Processing covered by the Additional instruction until You have modi?ed or confirmed the iawfuiness of the Additional Instruction in writing. If Achieve3000 notifies You that an Additional Instruction is not feasible, You may terminate the affected Service or affected portion thereof by providing AchieveSDOO with a written notice within one month after notification of the infeasibility of the Additional instruction. in such case, Achieve3000 will refund a prorated portion of any prepaid charges for the Services period after such termination date. 1.4 You will serve as a singie point of contact for Consistent with Section 1.1, You will undertake to exercise Controiier rights in or over Appiicable Personat Data on behalf of any other Controller(s) and to obtain necessary permissions from such other Controllers. shall be discharged of its obligation to inform or notify another Controller when Achieve3000 has provided such information or notice to You. Similariy, will serve as a single point of contact for You with respect to its obligations as a Processor under this DPA. 1.5 Achieve3000 will comply with all EEA data protection laws and regulations (?Data Protection Laws?) in respect of the Services applicable to Processors. thieve3000 is not responsibie for determining the requirements of laws applicabie to You as a Controller. As between the parties, You are responsible for determining the lawfutness of the Processing of the Applicabie Personal Data. You not use the Services in conjunction with Personal Data to the extent that doing so would violate appiicable Data Protection Laws. 148.18 Page 16 of 26 2. Technical and Organizational Measures 2.1 will impiement and maintain technicai and organizational measures or to ensure a levei of security appropriate to the risk for scope of responsibility. The TOMs adopted by Achieve3000 have been documented by and You may obtain additionai information about the TOMS applicabie to the Services by contacting Achieve3000. 2.2 TOMs are subject to technical progress and further development. Accordingly, Achieve3000 reserves the right to modify the TOMs provided that the functionality and security of the Services are not degraded. 3. Data Subject Rights and Requests 3.1 To the extent permitted by law, Achieve3000 will inform You of requests from Data Subjects exercising their Data Subject rights recti?cation, deietion and blocking of data) addressed directly to Achieve3000 regarding Applicable Personai Data. You shall be responsibie to respond to such requests of Data Subjects. AchieveSDOO reasonabiy assist You in responding such Data Subject requests in accordance with Section 10.2. 3.2 if a Data Subject brings a claim directiy against for a vioiation of their Data Subject rights, You will indemnify for any cost, charge, damages, expenses or loss arising from such a ciaim, provided that Achieve3000 has notified You about the claim and given You the opportunity to cooperate with in the defense and settiement of the claim. 4. Third Party Requests and Confidentiality 4.1 Achieve3000 not disciose Appiicable Persona! Data to any third party, uniess authorized by You or required by law. if a government or Supervisory Authority demands access to Appiicable Personal Data, will notify You prior to disclosure, uniess prohibited by law. 4.2 Achieve3000 requires its personnel authorized to Process Applicable Personal Data to commit themselves to confidentiality and not Process such Appiicable Personal Data for any other purposes, except on instructions from You or uniess required by appiicable law. 5. Audit 5.1 Achieve3000 shaii allow for and contribute to audits, inciuding inspections, regarding the Processing of Appiicable Personal Data that are conducted by You or another auditor mandated by You, in accordance with the foiiowing procedures: a. Upon Your written request, Achieve3000 will provide You or your mandated auditor with the most recent certifications and/or summary audit records), if and as appiicable, that Achieve3000 has procured to test, assess, or evaluate the effectiveness of the TOMS. b. reasonably cooperate with You by providing avaiiable additional information concerning the TOMS, to help You better understand such TOMs or respond to the inquiry of a governmental authority. c. if further information is needed by You to compiy with your own legal obligations or a competent Supervisory Authority?s request, You wiil so inform Achieve3000 in writing to enable to provide such information or to grant You access to it. d. To the extent it is not possible to otherwise satisfy an audit obiigation mandated by appiicable law, only legally mandated entities (such as a governmental regulatory agency having oversight of Your operations), You, or your mandated auditor may conduct an onsite visit of the facilities used to provide the Serviced. Such visit will be during normal business hours of the applicable facility and be conducted in a manner that causes minimal disruption to business, subiect to coordinating the timing of such visit and to reduce any risk to other customers. 5.2 Each party will bear its own costs in respect of paragraphs a. and b. of Section 5.1. Any further assistance by will be provided in accordance with Section 10.2. 14B.18 Page 17 of 26 6. Return or Deletion of Applicable Personal Data Upon termination or expiration of the Agreement, Achieve3000 will either delete or return Applicable Personal Data in its possession as set out in the respective DPA Exhibit, unless otherwise required by appiicabie law. 7. Subprocessors You authorize Achieve3000 to engage subcontractors to Process Applicabie Personal Data A list of the current Subprocessors is set out in Appendix A. sbaii impose substantially similar data protection obiigations as set out in this DPA on any Subprocessor prior to the Subprocessor Processing any Applicabie Personal Data. 8. Transborcler Data Processing is a participant in the Privacy Sbieid framework established by agreement between the European Union and the United States and administered by the international Trade Administration of the US Department of Commerce. As such, export of the Applicable Personal Data to Achieve3000 in the United States is deemed by the European Commission to constitute a transfer to a data importer in a jurisdiction with adequate safeguards. 9. Personal Data Breach Achieve3000 will notify You without undue delay after becoming aware of a Personal Data Breach with respect to the Services. Achieve3000 will investigate the Personai Data Breach if it occurred on infrastructure or in another area Achieve3000 is responsibie for, and Achieve3000 will assist you as set out in Section 10. 10. Assistance 10.1 Achieve3000 will assist You by implementing and maintaining the TOMs, insofar as possibie, for the of Your obligation to compiy with the rights of Data Subjects and in ensuring compliance with Your obligations relating to the security of Processing, the notification of a Personal Data Breach, and the Data Protection impact Assessment, taking into account the information available to Achieve3000. 10.2 You make requests for any Achieve3000 assistance referred to in this DPA in writing. Achieve3000 charge You no more than a reasonable charge to perform such assistance or Additionai instructions, such charges to be set forth in a quote by Achieve3000 and agreed in writing set forth in an applicable change control provision of the Agreement. 14B.18 Page 18 of 26 APPENDIX A TO THE DATA PROCESSING ADDENDUM This Appendix A is an integral part of the Data Processing Addendum and provides additional detaiis about the Processing of Applicable Personal Data attendant to its provision of the Services. 1. Categories of Data Subjects The types of Data Subjects whose Applicable Personal Data be Processed are as follows: Student users of Achieve3000 Services; Teachers and other empioyees of schools and school districts that are customers of Services and who interact with the Achieve3000 Services. 2. Types of Personal Data Processed Student's name; Student's school name and location; (0) Student?s grade level; Student?s class or curriculum identi?er; As requested by school, student?s ethnicity, gender, socio-economic, or tamiliai background; Data regarding student?s compietion and performance with respect to Services and Service modules; Names of teachers and school administrators; Contact information for teachers and school administrators administering Services. 3. Types of Processing Activities Anticipated Achieve3000 will Process Appiicable Personai Data solely to providing the Services, inciuciing providing reports regarding student completion of and performance on Service moduies. Types of Processing activities associated with Services delivery and reporting inciude receiving, storing, combining, parsing, transmitting, associating Personal Data with Service accessing, reporting, and performance data, updating, correcting, transforming, reading, assessing and analyzing, and deleting. 4. Subprocessors The following entities may serve as Subprocessors of Applicable Personal Data in connection with AchieveSOOD?s provision of the Services: RLS Education Rackspace, inc. Amazon Web Services 14B.18 Page 19 of 26 Terms of Use Version Effective Date: May 25, 2018 Welcome to the Achieve3000? Website and the Achieve3000 Learning System, the Internet-based learning system that integrates technology into the classroom curriculum! The Achieve3000 Learning System is provided to you by Achieve3000, Inc. (?Achieve3000?, ?we? or through our websites (collectively, the ?Website,? or the ?Site?). To assist you in using our Website and associated Achieve3000 Learning System, and to ensure a clear understanding of the relationship arising from your use of our Site, we have created these Terms and Conditions of Use (the ?Terms?) and (ii) a Privacy Policy. Our Privacy Policy (which you may access using the following link, or at the applicable link at our Website) explains how we treat information you provide to us through the Site and our Learning System, and our Terms govern your use of our Site and Learning System. Our Terms and Privacy Policy apply to casual visitors to our Site (?Site Visitors?), as well as to users who are authorized to access the password-i protected areas of the Site (?Authorized Users?). PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE. 1. Your Agreement These Terms govern, as applicable, your use of the Website, (ii) your receipt of and participation in Achieve3000 Learning System services through the Website (the ?ServiCes?), and your use of content obtained through the Site or via the Services (the ?Content?). Please read these Terms carefully; they impose legal obligations on you and on Achieve3000. and establish our legal relationship. By using the Services or Content or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. 2. Relationship with Your School Achieve3000 enters into relationships with schools and school districts, whereby Achieve3000 agrees to provide students and others in or associated with such schools or school districts with access to its Services and Content (a ?School District Agreement?). If your school or school district has entered into this type of agreement with Achieve3000 (a ?Participating School District?), then you are eligible to receive the benefits of these Services and Content. 3. Obtaining a Password; Use of Your Password If you are an Authorized User, we will provide you with a user id and a password. You are eligible for a user id and password if you are within a Participating School District, and you are either a student, (ii) a teacher, or an administrator identified to us by the Participating School District or you are the parent of an identified student. You will use your user id and password to access the areas of our Website to obtain Services and Content. 143 18 Page 20 of 26 Please keep in mind that we will treat anyone who uses your user id and password as ?you.? We will provide this user with all of the rights and privileges that we provide to you. Therefore, we recommend that you maintain your user id and password in confidence, and that you refrain from disclosing this information to anyone who might ?pretend? to be you with respect to the Services and your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your user id and password in this manner. 4. Grant of Rights to Website Visitors As a general Website visitor, you are granted the right to access all areas of the Website other than the password-protected areas (?Permitted Visitor Areas?). You may access and view Permitted Visitor Areas for your personal and non-commercial use for educational purposes only, and you may not modify, copy, distribute, or otherwise use Content or Services available on these Permitted Visitor Areas. 5. Grant of Rights to Authorized Users in this Section, Achieve3000 gives to Authorized Users meaning Participating School District students, parents of students, teachers, and administrators (for purposes of this section only, ?You? and ?Your?) - access to the Services and Content procured associated with the applicable Participating School District and School District Agreement. In this section we also impose restrictions on Your use of our Content outside the Services. Similar to a ?library? that keeps track of books it has lent, and limits circulation to users with library cards, we prohibit circulation of our Content and Services to users who do not have passwords, as further detailed below. 5.1 Rights to Access and Use for Educational Purposes Subject to Your compliance with these Terms, hereby grants You the right to access and use the Website and the Services and Content we offer to Your school through the Website. These rights are strictly limited to Your personal, educational, and non-commercial use of the Website, Services, and Content in connection with Your schoolwork, if You are a student, or the assignment of schoolwork or monitoring of an associated student?s progress, if You are a parent, teacher, or administrator. 5.2 Right to Print Content for Classroom Use Subject to Your compliance with these Terms, hereby grants You the right to make copies of the Content, so long as you comply with the following requirements: You make and use the copies solely for educational purposes with other Authorized Users, (ii) You use the copies within a classroom or other educational setting where only Authorized Users are present (with the exception of incidental persons who may be present in de minimis numbers); the number of copies You make is reasonable in light of such purposes; and (iv) You retain and in no way obscure or modify any and all Content-related copyright or other proprietary notices on the copies. 5.3 Duration of Rights You will continue to enjoy your rights under Section 5.1 (Rights to Access and Use for Educational Purposes) and Section 5.2 (Right to Print Content for Classroom Use) for the duration of the applicable School District Agreement, unless Your password is revoked or suspended for misconduct, as set out in Section 10 (Revocation or Suspension of Use Privileges). 6. AchieveSGOO Ownership; Reservation of Rights The information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property on the Website, or embodied in the Services or the Content, are the proprietary property of and its licensors and are protected by US. and internatipa?lg copyright and other intellectual property laws. retains all rights with re ect toils Website, the Services, and the Content except those expressly granted to you in thi?ggr .Ofc?r? agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material on the Website except as expressly allowed in Section 5.2 (Right to Print Content for Classroom Use), or unless specifically authorized in writing by 7. Links to Third-Party Sites The Website may contain links or produce search results that reference links to third party websites (collectively ?Linked Sites?). has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. does not endorse the content of any Linked Site, nor does Achieve3000 warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk. Although we take no responsibility for Linked Sites, if you experience a problem with a Linked Site, please let us know at office@achieve3000.com, and we will investigate the link and take appropriate action. 8.. Code of Conduct Our Website provides chat rooms, bulletin boards, email services, and other services that allow you to interact with other Authcrized Users (?Interactive Services?). As a condition to your use of the Website, the Services, and the Content, including the interactive Services, you agree to follow our Code of Conduct, set out beiow. Under this Code of Conduct, you will not: . Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party?s use and enjoyment of the Site, such as through sending ?spam? email. . Seek to obtain access to any materials or information we have not intentionally made available to you through the Website, Whether through ?hacking? or through other means. . Submit material that is intentionally false, defamatory, threatening, or harassing. For example, you will not display or distribute messages that harass an individual or group because of their sex, race, religious beliefs, national origin, physical attributes, or sexual preference. . lnfringe our or any third party?s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Note that electronic materials such as music, videos, games, images, and text in electronic form can easily be copied, modified and sent over networks (such as the lnternet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. You may not transmit such materials over the Website without the copyright owner?s permission or without a legitimate ?fair use? justification for the transmittal. . Collect or attempt to collect electronic copies of Content through screen shots, screen scraping, or other manual or automated techniques. . Disseminate materials that invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person?s consent. . Distribute outside the group of Authorized Users within your class and school information these users have submitted for use on the Website. . Transmit or display obscene materials, particularly those that contain child pornography or other pornographic images or content. . Frame, or assist third parties in framing, any of the Web pages contained in the Website. Such framing is strictly prohibited under these Terms. . Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming or routines that are intended to damage, detrimentaily irfgr?rfg With, surreptitiously intercept, or expropnate any system, data, or personal of 2 6 . Create direct or indirect links to other websites or to this Website from other websites if you lack express written permission or the authority to do so. . Seek to use for financial gain the Website, related computer facilities, or information available on the Website. . Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti?discrimination, orfalse advertising). We will enforce the above Code of Conduct as we deem necessary. Please understand, however, that does not control and does not necessarily endorse the content, messages, or information found in any Interactive Service. When you participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the content, messages, or information found in any Interactive Service. 9. Monitoring of Interactive Services; Removing Postings We expect each user of our Website to act responsibly and to respect the rights of others. We seek to protect the integrity and security of our computing systems and to protect our community of users from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct. Toward these ends, we reserve the right in Our discretion to monitor your use of the Website and email and other messages transmitted through the Website, (ii) restrict or foreclose access to certain Internet sites or other resources via the Website, and take other actions we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through our Website will remain ?private? or otherwise free from our review. Although we have no -- and assume no obligation to monitor activities on Our Website, please understand that we employ filters designed to detect and block the transmission of messages that contain sexually explicit or otherwise inappropriate language. We notify teachers when we detect the use of such language. We reserve the right to refuse to post, orto remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. 1G. Revocation or Suspension of Use Privileges We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or the Website if you engage in an activity that we conclude, in our discretion, breaches our Code of Conduct. Users should also understand that our Code of Conduct is based in many instances on principles of state and federal law. Users who violate our Code of Conduct accordingly may be exposed under these state and federal laws to criminal charges or civil liability to harmed parties for compensatory damages and attorney?s fees. reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy. 11. Privacy and Your Disclosure of Information through Interactive Services We value your privacy and the privacy of all our users. Please review our Privacy Policy for information on how we collect, use, and protect your personally identifiable information. These protections, however, do not apply to information you choose to disclose to other Authorized Users through our Interactive Services. Although Authorized Users are bound, under our Code of (fgrBing to refrain from disseminating information from our Website and its Interactive Areas an 03: than their classmates participating in the Service (and their parents, teachers, and aggr? )i?e cannot assure you that this will be the case. Therefore, if you are under age thirteen (13), you may not post any personally identifying information about yourself on the Website without the express permission of your parent or guardian. And If you are thirteen (13) or over, you should disclose personally identifiable information advisedly. 12. Submitted Content If you post content to our Website, by electronic mail or otherwise, we will treat the content as non- confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, ?Use Rights?). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to post the information and provide these Use Rights. 13, Warranty Disclaimer Achieve3000 does not promise that the Website will be error~free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on it. The Website, and all Services and Content within them are delivered on an and basis. Achieve3000 does not warrant or represent that files you download from the Achieve3000 sites will be free of viruses or other harmful features. ACHIEVE3000 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES OR LINKED WEBSITES IS AT YOUR SOLE RISK. 14. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ACHIEVE3000 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. IN NO EVENT SHALL AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, THE SERVICES, OR THE CONTENT EXCEED THE GREATER OF: (I) $250.00 OR (II) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO ACHIEVE3000 FOR ACCESSING THE WEBSITE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. 15. 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Contact Us You may contact us for any reason at the following addresses: Attention: 1985 Cedar Bridge Avenue Lakewood, NJ 08701 Phone: 1-888-968-6822 Email: office@ achieve3000.com 143.18 Page 26 of 26 SAN YSIDRO SCHOOL DISTRICT GOVERNING BOARD AGENDA TO: Governing Board BOARD MEETING DATE: November 8, 2018 VIA: Gina A. Potter, FROM: INITIAL: Superintendent La Mirada School Informationa Luis Ramos, Principal Action AGENDA ITEM: AGREEMENT AND ADDENDUM WITH CREEDE REPERTORY THEATRE FOR THE 2018 YOUNG AUDIENCE OUTREACH TOUR PRESENTATION AT LA MIRADA SCHOOL BACKGROUND INFORMATION: Creede Repertory Theatre creates a diverse repertory season of plays, new works, and dynamic education programs. ?Seeds of Change? is geared for students grades K-6 with poetic Shakespearean language and a musical that empowers and motivates action, emphasizing on conservation, environment, science and math. It encouraging audience participation and reinforces themes with a study guide and illustrated book: Three performances will be held on November 14th and 15th at La Mirada School through the generous contribution of Allan D. Simon and Stefani R. Simon, this event will be at no cost to the District. RECOMMENDATION: Approve the agreement and addendum with Creede Repertory Theatre for the 2018 Young Audience Outreach Tour presentations titled ?Seeds of Change? to be held at La Mirada School on November l4th and 15th at no cost to the District. LCAP GOAL AND (please indicate): i f) Renewal New Amendment Ratify Other Business Services Reviewed: Financial Implications? Are funds for this item available in the 2018-2019 Budget? Requisition Yes 8 No Yes No ..- (Amount) (Name of funding source and/or location) (Funding account number) Certi?cation Requested [1 Yes No Superintendent?s Office Certi?cation: Recommended for: Approval Denial Gin?a A. Potter, Superintendent 143.19 Secretary to the Board Page 1 0f 5 PERFORMANCE AGREEMENT 2018 Young Audience Outreach Tour Seeds of Change Performance Date: November 1445, 2018 Venue Contact Name: Luis Ramos Performance Time: 8:30am and 10:00am Venue Contact Phone: (619) 428-4424 Performance Location: La Mirada Venue Contact Email: Elementary Address: 222 Avenida De La Madrid, San Ysidro, CA 92173 CRT Contact Name: Johamy Morales School District: San Ysidro Elementary School District CRT Contact Phone: (719) 658-2540 ext. 227 CRT Contact Email iohamv@creederep com Creede Repertory Theatre, Inc. (hereinafter hereby agrees to perform Seeds of Change as a part of the 2018 Young Audience Outreach Tour on the performance date listed above at La Mirada Elementary (hereinafter ?Venue?). Theatre agrees to the following: 1. Royalties: CRT agrees to pay any royalty or licensing fees associated with the production. 2. Curriculum: CRT agrees to provide Venue with appropriate curriculum materials no less than 14 days prior to performance date listed above. 3. Technical Rider: CRT agrees to provide the Venue with a Technical Rider to provide detailed requirements of the Venue. 4. Set?up and Load out: CRT performers and manager will be responsible for set-up, strike and load out of all CRT provided technical equipment, costumes and scenic elements. Venue agrees to the following: 1. Curriculum: Venue agrees to distribute curriculum in advance of the performance so educators can prepare students for the event. 2. Technical Rider: Venue agrees to provide a suitable space, as explained in the Technical Rider. See attached. 3. Payment: Unless there is a third party financial sponsor, Venue agrees to provide indicated payment no later than the conclusion of the final performance. 1413.19 Page 2 of5 719-658-2540 CREE REP.0RG Cancellation Policy: I. The performance schedule may be changed by mutual consent of both CRT and Venue. 2. In the event either CRT or Venue is prevented from fulfilling this agreement by causes beyond reasonable control physical disability, the acts or regulations of public authorities, natural disaster), both parties shall be relieved of obligation to this agreement. 3. In the event Venue cancels the performance(s) within 14 days of the performance date(s) listed below for any reason, excluding those listed section 2 of this policy, the Venue is responsible for the full invoice. Should CRT re?bool< the dates in question, the Venue will be released from financial obligation. In this instance, CRT retains the right to terminate obligations as explained in this agreement. Single YAOT performance fee '2 $715. Performance 11?1448 Location: La Mirada of Students: Date: Performance 1145-18 Location: La Mirada of Students: Date: Performance 11?15?18 Location: La Mirada of Students: Date: 2018 Young Audience Outreach Tour Fee $715 3 Allan D. Simon and Stefani R. Simon Gift $2,145 Balance Due $0 Payment Date (For office use only) Sponsor Org (For CRT o??ice use only): Amount Pledged: Signature Date Signature Date Ioharny Morales, Education Director Creede Repertory Theatre 14B.19 Page 3 of5 719?658-2540 - CREE REP.ORG Please return this signed agreement no later than 60 days prior to the performance date listed above to: Creede Repertory Theatre Attn: Iohamy Morales Email PO Box 269 johamy@creederep.corn Creede, CO 81130 143.19 Pa??e 4 of5 719?658-2540 CREE REP.ORG Creede Repertory Theatre and San Ysidro School District Performance Agreement 2018 Young Audience Outreach Tour ADDENDUM Both Creede Repertory Theatre and the San Ysidro School District (DISTRICT) agree to the following: - To the fullest extent permitted by Iaw, Creede Repertory Theatre shall defend (with counsel of choosing), indemnify and hold the DISTRICT, its of?cials, of?cers, employees, volunteers and agents free and harmiess from any and ail claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or wiliful misconduct of Creede Repertory Theatre, its of?cials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Creede Repertory Theatre?s Services, the Project or this Agreement, inciuding without limitation the payment of ali damages, expert witness fees and attorney?s fees and other reiated costs and expenses. Creede Repertory Theatre?s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Creede Repertory Theatre, the DISTRICT, its of?cials, officers, employees, agents, or volunteers. 0 INSURANCE: Creede Repertory Theatre shall maintain commerciai general liability insurance or self-insurance acceptaiale to the District in the minimum amounts of $1,000,000 per occurrence, $2,000,000 general aggregate and upon request shali furnish proof thereof in the form of a certificate of insurance naming the San Ysidro School District as additional insured and with the proper additional insured endorsements. All Coverages. Insurance policy required by this Agreement shail be not be suspended, voided, reduced in limits or canceled except after thirty (30) days prior written notice or ten (10) days? notice for non? payment premium. Should any insurance policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail thirty (30) days written notice to District, but failure to do so shali impose no obligation or liability of any kind upon the insurer, its agents or representatives, and any faiiure to comply with reporting or other provisions of the policies, shail not affect coverage provided to District, its directors, officials, officers, employees, agents and volunteers. Each of the parties signing this Amendment to the Performance Agreement warrants to the other that he or she has the full authority ofthe entity on behalf of which his or her signature is made. CREEDE REPERTORY THEATRE SAN YSIDRO SCHOOL Firm Name Firm Name Signature of Authorized Agent Signature Mariiyn Adrianzen, Chief Business Official Print Name, Title Print Name, Title Date: Date Phone Number Board Approved 14B.19 Page 5 of