Regular Meeting of the Board of Trustees
Transcription
Regular Meeting of the Board of Trustees
Regular Meeting of the Board of Trustees Thursday, April 07, 2016 5:30 PM Lucerne Valley Unified School District Board Room 8560 Aliento Road Lucerne Valley, CA 92356 All Board Actions and Discussions are recorded. Individuals who require special accommodation, including but not limited to, an American sign language interpreter, accessible seating, or documentation in accessible formats, should contact the Superintendent or designee at least two days before the meeting date. Public documents relating to Open Session Agenda Items are available for review by the public at the Lucerne Valley Unified School District Office located at 8560 Aliento Road, Lucerne Valley, California Public Comment Members of the public may address the Board during Public Participation on any item of interest that is within the subject matter jurisdiction of the Board. Members of the public may also address the Board on any agenda item before or during the Board's consideration of the item. Per government code 54954.2, no action or discussing shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights. A. Call to Order A.1. Pledge of Allegiance A.2. Adoption of Agenda B. Consent Action Items - It is recommended that the Board of Trustees consider approving a number of Agenda Items as a Consent list. Consent items are routine in nature, and can be enacted in one motion without further discussion. This procedure conserves meeting time for a full discussion of significant issues. Regular Board Meeting Agenda of April 7, 2016 Page 1 B.1. Approval of Minutes - BE IT RESOLVED that the Minutes of the Special Meeting of March 24, 2016 be approved as submitted B.2. Approval of Minutes - BE IT RESOLVED that the Minutes of the Special Meeting of March 31, 2016 be approved as submitted. B.3. Ratify 2015-16 Inter-District Transfers B.4. Ratify 2016-17 Inter-District Transfer B.5. Approve Field Trip B.6. Approve Conference Requests B.7. Ratify Conference/Workshop Request B.8. Approve Personnel Items B.9. Approve Warrants and District Orders, Batches 0266 through 0277A C. Items Moved From Consent for Discussion and Action D. Communications - Public Comment On Items Not Appearing On The Agenda E. Public Comment On Closed Session Items F. Closed Session F.1. PUBLIC EMPLOYEE APPOINTMENT - Government Code section 54957 Title: Interim Superintendent F.2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE: Government Code section 54957 F.3. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS PURSUANT TO GC sections 54954.5(c) and 54956.9(2)(2): One possible case. G. Reconvene To Open Session H. Report Out Action Taken During Closed Session Regular Board Meeting Agenda of April 7, 2016 Page 2 I. Presentations I.1. Lucerne Valley Elementary School - Student Landon Lindner will give an update on Lucerne Valley Elementary School. I.2. Lucerne Valley Middle/High School - Student Madison Redding will give an update on Lucerne Valley Middle/High School ASB and Lucerne Valley High School FFA. I.3. John Mickelson, Tel-Craft Communications and Michelle Stritzler, TelePacific will present on the LVUSD phone system and proposed/implemented repairs and upgrades. J. Information/Discussion J.1. Enrollment J.2. Weekly Cash Position J.3. Budget Summary Report J.4. Williams Quarterly Uniform Complaint Report Summary J.5. CSBA Delegate Assembly Election Results J.6. Superintendent Search Process: Representative Dr. Ralph Baker from the San Bernardino County Superintendent of School's Office will be presenting proposed parameters and timelines for conducting a search for superintendent and receive input from the Board. J.7. First Five Program: Update on funding options after meeting with First Five and San Bernardino County Preschool Services Department Representatives. (Edwin Cruz and Fran Muller) J.8. Update of recent Mitsubishi Cement Corporation Education Foundation (MCCEF) Board Meeting and review LVUSD board delegates list. (Teresa Reyes) J.9. LVUSD Board of Trustees Workshop: Review possible dates for a workshop/conversation meeting per LVUSD Governance Handbook/Newly Elected Board Member protocol. Regular Board Meeting Agenda of April 7, 2016 Page 3 K. Board, Superintendent and Administrator Reports - Board Members, the Superintendent, and/or Site Administrators may wish to discuss events and activities not on the agenda or to request future agenda items. L. Discussion/Action Items L.1. Approve Master Interdistrict Attendance Agreement L.2. Approve Contract with Tel-Craft Communications to repair/upgrade district phone system totaling $80,019.40. L.3. Ratify Employment Agreement with Mr. Dan Leary to become Interim Superintendent. L.4. Approve Financial Advisory Services Agreement with Government Financial Strategies L.5. Approve Multiple Services Agreement with School Innovations & Achievement M. Adjournment Regular Board Meeting Agenda of April 7, 2016 Page 4 B. Consent Action Items - It is recommended that the Board of Trustees consider approving a number of Agenda Items as a Consent list. Consent items are routine in nature, and can be enacted in one motion without further discussion. This procedure conserves meeting time for a full discussion of significant issues. Regular Board Meeting Agenda of April 7, 2016 Page 5 B.1. Approval of Minutes - BE IT RESOLVED that the Minutes of the Special Meeting of March 24, 2016 be approved as submitted Attachments: Minutes of 3/24/16 Regular Board Meeting Agenda of April 7, 2016 Page 6 Minutes of the Special Meeting of the Board of Trustees Thursday, March 24, 2016 5:30 PM Lucerne Valley Unified School District Board Room 8560 Aliento Road Lucerne Valley, CA 92356 Attendance Taken at 5:30 PM: Present: Douglas Beaton Joanne Collingham Tom Courtney Carmen Fox Thomas Hagen Jim Harvey Absent: Patricia Courtney Suzette Davis Mary Eller Leslie Milligan A. Call to Order Minutes: The meeting was called to order at 5:30 p.m. by Board President Jim Harvey. Motion Passed: Passed with a motion by Joanne Collingham and a second by Carmen Fox. Yes Joanne Collingham Yes Tom Courtney Yes Carmen Fox Yes Thomas Hagen Yes Jim Harvey Minutes of the Special Meeting of March 24, 2016 Page 1 A.1. Pledge of Allegiance Minutes: Mr. Jim Harvey led the Pledge of Allegiance A.2. Adoption of Agenda Minutes: The Agenda for this Special Meeting was adopted as presented. B. Communications - Public Comment On Items Not Appearing On The Agenda Minutes: There was no public comment at this time. C. Public Comment On Closed Session Items Minutes: Ms. Cindy Lazenby asked if the District would buying out the superintendent's contract and how long it would be before there is an Interim Superintendent. Mr. Harvey told Ms. Lazenby that he was unable to answer those questions at that time and there may be more information when the board reported out after closed session. D. Closed Session Minutes: The Board adjourned to Closed Session at 5:36 p.m. D.1. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE: Government code Section 54957 D.2. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS PURSUANT TO GC sections 54954.5(c) and 54956.9(d)(2): Two possible cases. D.3. PUBLIC EMPLOYEE Appointment - Government Code section 54957 Title: Interim Superintendent E. Reconvene To Open Session Minutes: Minutes of the Special Meeting of March 24, 2016 Page 2 The Board reconvened to Open Session at 10:00 p.m. F. Report Out Action Taken During Closed Session Minutes: There was no action taken during Closed Session. G. Adjournment Minutes: The meeting was adjourned at 10:02 p.m. Motion Passed: Passed with a motion by Thomas Hagen and a second by Joanne Collingham. Yes Joanne Collingham Yes Tom Courtney Yes Carmen Fox Yes Thomas Hagen Yes Jim Harvey _____________________________________ Tom Courtney, Board Clerk Minutes of the Special Meeting of March 24, 2016 Page 3 B.2. Approval of Minutes - BE IT RESOLVED that the Minutes of the Special Meeting of March 31, 2016 be approved as submitted. Attachments: Minutes of March 31, 2016 Regular Board Meeting Agenda of April 7, 2016 Page 7 Minutes of the Special Meeting of the Board of Trustees Thursday, March 31, 2016 5:30 PM Lucerne Valley Unified School District Board Room 8560 Aliento Road Lucerne Valley, CA 92356 Attendance Taken at 5:30 PM: Present: Tom Courtney Carmen Fox Thomas Hagen Jim Harvey Leslie Milligan Absent: Douglas Beaton Joanne Collingham Patricia Courtney Suzette Davis Mary Eller A. Call to Order Minutes: The meeting was called to order at 5:32 p.m. by Board President Jim Harvey. A.1. Pledge of Allegiance Minutes: Mr. Jim Harvey led the Pledge of Allegiance. A.2. Adoption of Agenda Minutes of the Special Meeting of March 31, 2016 Page 1 Minutes: The Agenda for this Special Meeting was adopted as presented. Motion Passed: Passed with a motion by Carmen Fox and a second by Tom Courtney. Absent Joanne Collingham Yes Tom Courtney Yes Carmen Fox Yes Thomas Hagen Yes Jim Harvey B. Communications - Public Comment On Items Not Appearing On The Agenda Minutes: There was no public comment at this time. C. Public Comment On Closed Session Items Minutes: There was no public comment on closed session items. D. Closed Session Minutes: The Board adjourned to Closed Session at 5:35 p.m. D.1. PUBLIC EMPLOYEE APPOINTMENT - Government Code section 54957 Title: Interim Superintendent D.2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE: Government Code section 54957 D.3. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS PURSUANT TO GC sections 54954.5(c) and 54956.9(d)(2): One possible case. E. Reconvene To Open Session Minutes: The Board reconvened to Open Session at 6:51 p.m. Minutes of the Special Meeting of March 31, 2016 Page 2 F. Report Out Action Taken During Closed Session Minutes: There was no action taken during Closed Session. G. Adjournment Minutes: The meeting was adjourned at 6:54 p.m. Motion Passed: Passed with a motion by Tom Courtney and a second by Carmen Fox. Absent Joanne Collingham Yes Tom Courtney Yes Carmen Fox Yes Thomas Hagen Yes Jim Harvey _____________________________________ Carmen Fox, Board Clerk Minutes of the Special Meeting of March 31, 2016 Page 3 B.3. Ratify 2015-16 Inter-District Transfers Rationale: The Board is requested to ratify the following 2015-16 inter-district transfer requests. Incoming One student from Apple Valley Unified School District to Lucerne Valley Unified School District (LVES). Reason: Parent work at LVUSD. Outgoing Two students from Lucerne Valley Unified School District to Apple Valley Unified School District (AV High School). Reason: To complete school year in Apple Valley after moving to Lucerne Valley. Regular Board Meeting Agenda of April 7, 2016 Page 8 B.4. Ratify 2016-17 Inter-District Transfer Rationale: The Board is requested to ratify the following 2016-17 inter-district transfer request. Outgoing One student from Lucerne Valley Unified School District to Apple Valley Unified School District (Sandia Elementary). Reason: Siblings currently attending Sandia. Regular Board Meeting Agenda of April 7, 2016 Page 9 B.5. Approve Field Trip Rationale: The Board of Trustees is requested to approve the following field trip request: May 20, 2016 - Mountain View High School Students to Raging Waters in San Dimas Attachments: Field Trip Regular Board Meeting Agenda of April 7, 2016 Page 10 B.6. Approve Conference Requests Rationale: The Board of Trustees is requested to approve the following conference/workshop requests: April 14-16, 2016 - CASBO Conference in Pasadena to be attended by Kimberly Zilius. April 15-16, 2016 - CASBO Conference in Pasadena to be attended by Cynthia Lattin-Oliveira April 27, 2016 - Administering School Risks in Perris to be attended by Kim Alonzo June 28-July 1, 2016 - Girl Bullying and Empowerment National Conference in Las Vegas to be attended by Victoria Perry. Attachments: Conference Requests Regular Board Meeting Agenda of April 7, 2016 Page 11 B.7. Ratify Conference/Workshop Request Rationale: The Board of Trustees is requested to ratify the following Conference/Workshop Request: March 5-6, 2016 - CrossFit Weightlifting Course in San Diego attended by Stephen Warnock. Attachments: Ratify Conf Request Regular Board Meeting Agenda of April 7, 2016 Page 12 B.8. Approve Personnel Items Rationale: Certificated 1. Ratify acceptance of the resignation of Edith Vega, Spanish Teacher at Lucerne Valley High School, effective May 27, 2016 Classified 2. The Board of Trustees is requested to approve hiring Denise Gonzales as a Substitute Food Service Worker. 3. The Board of Trustees is requested to approve hiring Cassandra Reveles as a Substitute Instructional Aide. 4. The Board of Trustees is requested to approve hiring Theresa Tomasso as a Substitute Instructional Aide. 5. The Board of Trustees is requested to approve hiring Noel Perry as a Substitute Food Service Worker. 6. The Board of Trustees is requested to approve hiring Clinton Diller as a Substitute Maintenance 1G Worker. 7. The Board of Trustees is requested to approve hiring Shannon Holt as a Substitute Instructional Aide (pending TB verification). Regular Board Meeting Agenda of April 7, 2016 Page 13 B.9. Approve Warrants and District Orders, Batches 0266 through 0277A Attachments: Batches Regular Board Meeting Agenda of April 7, 2016 Page 14 F. Closed Session Regular Board Meeting Agenda of April 7, 2016 Page 15 F.1. PUBLIC EMPLOYEE APPOINTMENT - Government Code section 54957 Title: Interim Superintendent Regular Board Meeting Agenda of April 7, 2016 Page 16 F.2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE: Government Code section 54957 Regular Board Meeting Agenda of April 7, 2016 Page 17 F.3. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION EXISTS PURSUANT TO GC sections 54954.5(c) and 54956.9(2)(2): One possible case. Regular Board Meeting Agenda of April 7, 2016 Page 18 I. Presentations Regular Board Meeting Agenda of April 7, 2016 Page 19 I.1. Lucerne Valley Elementary School - Student Landon Lindner will give an update on Lucerne Valley Elementary School. Regular Board Meeting Agenda of April 7, 2016 Page 20 I.2. Lucerne Valley Middle/High School - Student Madison Redding will give an update on Lucerne Valley Middle/High School ASB and Lucerne Valley High School FFA. Regular Board Meeting Agenda of April 7, 2016 Page 21 I.3. John Mickelson, Tel-Craft Communications and Michelle Stritzler, TelePacific will present on the LVUSD phone system and proposed/implemented repairs and upgrades. Regular Board Meeting Agenda of April 7, 2016 Page 22 J. Information/Discussion Regular Board Meeting Agenda of April 7, 2016 Page 23 J.1. Enrollment Attachments: Enrollment Enrollment Graph Regular Board Meeting Agenda of April 7, 2016 Page 24 Lucerne Valley Unified School District 2015-2016 Enrollment Report Date: March 2016 FINAL 11/12 12/13 13/14 14/15 2015/16 63 54 52 47 Kindergarten: Barnes Fuller 36 19 17 0 66 49 58 49 1st Grade: Chicca-Wilding Deisler Miller Zyskowsksi 50 21 7 1 21 47 67 51 58 2nd Grade: Chicca-Wilding Deisler Garibay Hirschhorn 45 1 12 19 13 66 46 71 53 3rd Grade: Byrd Hall Hirschhorn Miller 52 23 20 6 3 4th Grade Childs Miller Pennington 53 25 4 24 5th Grade: Pearson Pedersen Raschke 63 29 29 5 6th Grade Lane Paddack Raschke 41 19 20 2 63 65 48 60 72 63 70 50 65 68 62 64 442 412 412 381 340 11/12 12/13 13/14 14/15 2015/16 120 49 71 109 63 46 119 62 57 113 58 55 LVMS: 7th grade: 8th grade: 111 54 57 224 55 63 62 44 236 70 58 57 51 223 56 67 56 44 222 63 54 59 46 LVHS: 9th grade: 10th grade: 11th grade: 12th grade: 207 55 51 50 51 20 0 0 0 0 6 8 6 21 0 0 0 0 2 10 9 22 0 0 0 4 4 6 8 12 0 0 0 0 1 6 5 MVHS: 6th grade 7th grade 8th grade 9th grade 10th grade 11th grade 12th grade 16 0 0 0 1 2 5 8 Ind. Study 8 3 5 814 11 3 8 789 13 7 6 789 8 3 5 CDS: Gr. 5-8 Gr. 9-12 8 3 5 Home Hospital: 0 736 Total LVES LVMS LVHS MVHS Ind. Study Com Day Sch. 5-8 Com Day Sch. 9-12 Home Hosp. *Adult Ed. & Pregnant Minor are not part of general fund enrollment total. TOTAL 682 340 111 207 16 3 5 0 682 LUCERNE VALLEY UNIFIED SCHOOL DISTRICT - ENROLLMENT HISTORY Aug 704 704 794 2015-16 2014-15 2013-14 2012-13 2011-12 Sept 711 708 788 789 832 Oct. 701 711 772 796 843 Nov. 689 717 773 806 831 Dec. 685 728 770 803 832 Jan. 689 738 773 796 831 Feb. 692 727 783 800 817 March 682 736 775 789 814 April May 737 757 775 805 741 753 777 807 June Average 775 797 725 774 791 821 5 YEAR ENROLLMENT HISTORY 900 850 ENROLLMENT 800 2015-16 750 2014-15 2013-14 700 2012-13 2011-12 650 600 Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun J.2. Weekly Cash Position Attachments: Weekly Cash Position Regular Board Meeting Agenda of April 7, 2016 Page 25 J.3. Budget Summary Report Attachments: Budget Summary Regular Board Meeting Agenda of April 7, 2016 Page 26 J.4. Williams Quarterly Uniform Complaint Report Summary Regular Board Meeting Agenda of April 7, 2016 Page 27 J.5. CSBA Delegate Assembly Election Results Attachments: CSBA Delegate Assembly Results Regular Board Meeting Agenda of April 7, 2016 Page 28 DELEGATE ASSEMBLY ELECTION RESULTS (As of March 30, 2016) The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018. REGION 1 – 4 Delegates (4 elected) Subregion 1-A (Counties: Del Norte, Humboldt) Annelia Hillman (Klamath Trinity Joint USD), 2017 Lisa Ollivier (Eureka City SD), 2018 Subregion 1-B (Counties: Lake, Mendocino) Taja Odom (Kelseyville USD), 2018 County Delegate Frances Costello (Del Norte County & USD), 2017 REGION 2 – 4 Delegates (4 elected) Subregion 2-A (Counties: Modoc, Siskiyou, Trinity) Gregg Gunkel (Siskiyou Union HSD), 2017 Subregion 2-B (County: Shasta) James Schwerdt (Shasta Union HSD), 2017 Subregion 2-C (Counties: Lassen, Plumas) Dwight Pierson (Plumas County & USD), 2018 County Delegate: Run-off tie between Brenda Duchi (Siskiyou COE) and Rhonda Hull (Shasta COE) REGION 3 – 8 Delegates (8 elected) Subregion 3-A (County: Sonoma) Dianna MacDonald (Cloverdale USD), 2017 Casandra Maitlen-Jones (Bennett Valley Union SD), 2018 Subregion 3-B (County: Napa) Indira Lopez (Calistoga Joint USD), 2017 Subregion 3-C (County: Solano) Vacant, 2017 Vacant, 2017 Michele Dally (Vacaville USD), 2018 Subregion 3-D (County: Marin) Barbara Owens (Tamalpais Union HSD), 2018 County Delegate Herman Hernandez (Sonoma COE), 2017 REGION 4 – 8 Delegates (8 elected) Subregion 4-A (Counties: Glenn, Tehama) Rod Thompson (Red Bluff Jt. Union HSD), 2018 Subregion 4-B (County: Butte) Judith Peters (Paradise USD), 2017 Subregion 4-C (Counties: Colusa, Sutter, Yuba) Jim Flurry (Marysville Joint USD), 2018 Sharman Kobayashi (Yuba City USD), 2017 Subregion 4-D (Counties: Nevada, Placer, Sierra) Trish Gerving (Nevada City SD), 2017 Renee Nash (Eureka Union SD), 2018 James Brian Vlahos (Roseville City SD), 2017 County Delegate Suzanne Jones (Placer COE), 2018 REGION 5 – 10 Delegates (7 elected/3 appointed) Subregion 5-A (County: San Francisco) Emily Murase (San Francisco County & USD), 2017 Rachel Norton (San Francisco County & USD), 2017 Shamann Walton (San Francisco County & USD), 2018 Subregion 5-B (County: San Mateo) Davina Drabkin (Burlingame ESD), 2017 Carrie Du Bois (Sequoia Union HSD), 2017 Marc Friedman (San Mateo Union HSD), 2018 Alisa MacAvoy (Redwood City ESD), 2018 Kevin Martinez (San Bruno Park ESD), 2017 Kalimah Salahuddin (Jefferson Union HSD), 2018 County Delegate Beverly Gerard (San Mateo COE), 2017 REGION 6 – 19 Delegates (12 elected/7 appointed) Subregion 6-A (County: Yolo) Susan Lovenburg (Davis Joint USD), 2018 Subregion 6-B (County: Sacramento) Michael Baker (Twin Rivers USD), 2017 Ellen Cochrane (Sacramento City USD), 2018 Pam Costa (San Juan USD), 2017 Craig DeLuz (Robla ESD), 2018 John Gordon (Galt Joint Union ESD), 2017 Jay Hansen (Sacramento City USD), 2017 James Hendricks (Arcohe Union ESD), 2018 Susan Heredia (Natomas USD), 2017 Lisa Kaplan (Natomas USD), 2017 Lucinda E. Luttgen (San Juan USD), 2018 Crystal Martinez-Alire (Elk Grove USD), 2017 Michael McKibbin (San Juan USD), 2017 Edward Short (Folsom-Cordova USD), 2017 Bobbie Singh-Allen (Elk Grove USD), 2018 Teresa Stanley (Folsom-Cordova USD), 2018 Subregion 6-C (Counties: Alpine, El Dorado, Mono) Misty DiVittorio (Placerville Union ESD), 2018 Suzanna George (Rescue Union ESD), 2017 County Delegate Greg Geeting (Sacramento COE), 2018 Page 1 of 5 DELEGATE ASSEMBLY ELECTION RESULTS (As of March 30, 2016) The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018. REGION 7 – 20 Delegates (15 elected/5 appointed) Subregion 7-A (County: Contra Costa) Elizabeth Block (West Contra Costa USD), 2018 Laura Canciamilla (Pittsburg USD), 2018 Christine Deane (Contra Costa COE), 2017 Madeline Kronenberg (West Contra Costa USD), 2017 Linda Mayo (Mt. Diablo USD), 2017 Kathi McLaughlin (Martinez USD), 2018 Yolanda Pena-Mendrek (Liberty Union HSD), 2017 Raymond Valverde (Liberty Union HSD), 2018 Subregion 7-B (County: Alameda) Desrie Campbell (Fremont USD), 2018 Ann Crosbie (Fremont USD), 2017 Jamie Hintzke (Pleasanton USD), 2018 Beatriz Leyva-Cutler (Berkley USD), 2017 Jody London (Oakland USD), 2017 William McGee (Hayward USD), 2017 Amy Miller (Dublin USD), 2018 Diana J. Prola (San Leandro USD), 2017 Vacant, 2017 Rosie Torres (Oakland USD), 2018 Run-off tie between Valerie Arkin (Pleasanton USD) and Philip Hu (Alameda USD) County Delegate Aisha Knowles (Alameda COE), 2017 REGION 8 – 14 Delegates (12 elected/2 appointed) Subregion 8-A (County: San Joaquin) Gloria J. Allen (Stockton USD), 2018 Sam Fant (Manteca USD), 2018 Kathleen Garcia (Stockton USD), 2017 Ron Heberle (Lodi USD), 2017 Kathy Howe (Manteca USD), 2018 George Neely (Lodi USD), 2017 Jenny Van De Pol (Lincoln USD), 2018 Subregion 8-B (Counties: Amador, Calaveras, Tuolumne) Zerrall McDaniel (Calaveras USD), 2017 Subregion 8-C (County: Stanislaus) Vacant, 2017 Faye Lane (Ceres USD), 2018 Cynthia Lindsey (Sylvan Union ESD), 2017 Subregion 8-D (County: Merced) Adam Cox (Merced City ESD), 2017 Greg Opinski (Merced Union HSD), 2018 County Delegate Vacant, 2018 REGION 9 – 8 Delegates (8 elected) Subregion 9-A (Counties: San Benito, Santa Cruz) Phil Rodriguez (Soquel Union ESD), 2018 Deborah Tracy-Proulx (Santa Cruz City Schools), 2018 George Wylie (San Lorenzo Valley USD), 2017 Subregion 9-B (County: Monterey) Lila Cann (Salinas Union HSD), 2017 Rita Patel (Carmel USD), 2018 Subregion 9-C (County: San Luis Obispo) Mark Buchman (San Luis Coastal USD), 2018 Vicki Meagher (Lucia Mar USD), 2017 County Delegate Sergio Alejo (Monterey COE), 2017 REGION 10 – 15 Delegates (11 elected/4 appointed) Subregion 10-A (Counties: Madera, Mariposa) Barbara Bigelow (Chawanakee USD), 2017 Subregion10-B (County: Fresno) Daniel Babshoff (Kerman USD), 2017 Cynthia Berube (Central USD), 2018 Darrell Carter (Washington USD), 2018 Gilbert F. Coelho (Firebaugh-Las Deltas USD), 2018 Valerie F. Davis (Fresno USD), 2017 Brian Heryford (Clovis USD), 2017 James Karle (Sanger USD), 2017 Marcia (Marcy) Masumoto (Sanger USD), 2017 Carol Mills (Fresno USD), 2018 Elizabeth (Betsy) Sandoval (Clovis USD), 2018 Norman Saude (Sierra USD), 2018 Kathy Spate (Caruthers USD), 2017 Subregion10-C (County: Kings) Karen Frey (Corcoran Joint USD) 2018 County Delegate Barbara Thomas (Fresno COE), 2018 REGION 11 – 9 Delegates (9 elected) Subregion 11-A (County: Santa Barbara) Jack Garvin (Santa Maria Joint Union HSD), 2018 S. Monique Limón (Santa Barbara USD), 2017 Subregion 11-B (County: Ventura) John Andersen (Conejo Valley USD), 2018 Gregory Barker (Moorpark USD), 2018 Rob Collins (Simi Valley USD), 2018 Vianey Lopez (Hueneme ESD), 2018 Christina Urias (Santa Paula USD), 2017 John Walker (Ventura USD), 2017 County Delegate Mark Lisagor (Ventura COE), 2017 Page 2 of 5 DELEGATE ASSEMBLY ELECTION RESULTS (As of March 30, 2016) The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018. REGION 12 – 13 Delegates (11 elected/2 appointed) Subregion 12-A (County: Tulare) Pete Lara (Porterville USD), 2018 Cathy Mederos (Tulare Joint Union HSD), 2017 Dean Sutton (Exeter USD), 2017 Lucia Vazquez (Visalia USD), 2018 Subregion 12-B (County: Kern) Pam Baugher (Bakersfield City ESD), 2017 Linda Brenner (Panama-Buena Vista Union SD), 2017 Jeff Flores, (Kern Union HSD) 2017 Tim Johnson (Sierra Sands USD), 2017 Phillip Peters (Kern Union HSD), 2018 Elizabeth Naty Santana-Garibaldo (Lamont ESD), 2017 Scott Starkey (Southern Kern USD), 2018 Wesley Thomas (Kernville USD), 2018 County Delegate Donald Cowan (Kern COE), 2018 REGION 15 – 27 Delegates (18 elected/9 appointed) County: Orange Ginny Aitkens (Saddleback Valley USD), 2017 Valerie Amezcua (Santa Ana USD), 2018 Dana Black (Newport-Mesa USD), 2018 Lauren Brooks (Irvine USD), 2018 Bonnie Castrey (Huntington Beach Union HSD), 2017 Gina Clayton-Tarvin (Ocean View SD), 2017 Jeff Cole (Anaheim ESD), 2017 Ian Collins (Fountain Valley ESD), 2017 Debbie Cotton (Ocean View SD), 2017 Lynn Davis (Tustin USD), 2018 Judy Franco (Newport-Mesa USD), 2018 Karin Freeman (Placentia-Yorba Linda USD), 2017 Bob Harden (Garden Grove USD), 2017 Gila Jones (Capistrano USD), 2017 Candice Kern (Cypress ESD), 2018 Martha McNicholas (Capistrano USD) 2018 Lan Q. Nguyen (Garden Grove USD), 2018 Annemarie Randle-Trejo (Anaheim Union HSD), 2018 Rob Richardson (Santa Ana USD), 2017 Rosemary Saylor (Huntington Beach City ESD), 2018 Francine Scinto (Tustin USD), 2018 Michael Simons (Huntington Beach Union HSD), 2018 Robert A. Singer (Fullerton Joint Union HSD), 2017 Suzie R. Swartz (Saddleback Valley USD), 2017 Sharon Wallin (Irvine USD), 2018 Dolores Winchell (Saddleback Valley USD), 2017 County Delegate John (Jack) Bedell (Orange COE), 2017 REGION 16 – 20 Delegate (15 elected/5 appointed) Subregion 16-A (County: Inyo) Susan Patton (Lone Pine USD), 2017 Subregion 16-B (County: San Bernardino) Jesse Armendarez (Fontana USD), 2018 Christina Cameron-Otero (Needles USD), 2017 Niccole Childs (Hesperia USD), 2018 Lorena Corona (Fontana USD), 2017 Tom Courtney (Lucerne Valley USD), 2017 Barbara J. Dew (Victor Valley Union HSD), 2018 Barbara Flores (San Bernardino City USD), 2018 Cathline Fort (Etiwanda ESD), 2018 Margaret Hill (San Bernardino City USD), 2017 Sylvia Orozco (Chino Valley USD), 2017 Caryn Payzant (Alta Loma ESD), 2018 Barbara Schneider (Helendale SD), 2018 Jane D. Smith (Yucaipa-Calimesa Jt. USD), 2018 Eric Swanson (Hesperia USD), 2017 Kathy A. Thompson (Central ESD), 2017 Charles Uhalley (Chaffey Joint Union HSD), 2017 Donna West (Redlands USD), 2018 Vacant, 2017 County Delegate Mark Sumpter (San Bernardino COE), 2018 REGION 17 – 24 Delegates (18 elected/6 appointed) County: San Diego Elvia Aguilar (South Bay Union SD) 2018 Barbara Avalos (National SD), 2018 Kevin Beiser (San Diego USD), 2017 Marissa A. Bejarano (Chula Vista ESD), 2018 Brian Clapper (National SD), 2018 Katie Dexter (Lemon Grove SD), 2018 Twila Godley (Lakeside Union SD), 2017 Adrianne Hakes (Oceanside USD), 2018 Beth Hergesheimer (San Dieguito Union HSD), 2017 Elizabeth Jaka (Vista USD), 2018 Claudine Jones (Carlsbad USD), 2018 Michael McQuary (San Diego USD), 2018 Janet W. Mulder (Jamul-Dulzura Union ESD), 2017 Tamara Otero (Cajon Valley Union SD), 2017 Dawn Perfect (Ramona USD), 2017 Eduardo Reyes (Chula Vista ESD), 2018 Barbara Ryan (Santee SD), 2017 Debra Schade (Solana Beach ESD), 2018 Priscilla Schreiber (Grossmont Union HSD), 2017 Nicholas Segura (Sweetwater Union HSD), 2018 Charles Sellers (Poway USD), 2017 Arturo Solis (Sweetwater Union HSD), 2017 Page 3 of 5 DELEGATE ASSEMBLY ELECTION RESULTS (As of March 30, 2016) The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018. REGION 17 – continued Sharon Whitehurst-Payne (San Diego USD), 2017 County Delegate Mark C. Anderson (San Diego COE), 2017 REGION 18 – 21 Delegates (16 elected/5 appointed) Subregion 18-A (County: Riverside) Bruce N. Dennis (Riverside COE), 2017 Kenneth C. Dickson (Murrieta Valley USD), 2017 Tom Elliott (Perris ESD), 2018 Tom R. Hunt (Riverside USD), 2017 Ben Johnson, II (Alvord USD), 2018 Cleveland Johnson (Moreno Valley USD), 2017 Wendy Jonathan (Desert Sands USD), 2018 Marla Kirkland (Val Verde USD), 2018 Susie Lara (Beaumont USD), 2018 Patricia Lock Dawson (Riverside USD), 2018 Memo Mendez (Jurupa USD), 2017 Bill Newberry (Corona-Norco USD), 2017 John I. Norman (San Jacinto USD), 2017 David Allen Pulsipher (Temecula Valley USD), 2017 Cathy L. Sciortino (Corona-Norco USD), 2018 Susan Scott (Lake Elsinore USD), 2018 Sandra Tusant (Romoland ESD), 2017 Subregion 18-B (County: Imperial) Ralph Fernandez (Brawley Union HSD), 2017 Diahna Garcia-Ruiz (Heber ESD), 2017 Gloria Santillan (Brawley ESD), 2018 County Delegate Susan Manger (Imperial COE), 2018 REGION 20 – 12 Delegates (11 elected/1 appointed) County: Santa Clara Robert Benevento (Morgan Hill USD), 2018 Frank Biehl (East Side Union HSD), 2018 Cynthia Chang (Los Gatos-Saratoga Joint Union HSD), 2018 Danielle Cohen (Campbell Union SD), 2017 Pamela Foley (San Jose USD), 2017 Anjali Kausar (Cupertino Union SD), 2017 Bonnie Mace (Evergreen ESD), 2017 Joe Mitchner (Mountain View-Los Altos Union HSD), 2018 Reid Myers (Sunnyvale SD), 2017 Andres Quintero (Alum Rock Union ESD), 2017 George Sanchez (Franklin-McKinley ESD), 2017 County Delegate Rosemary Kamei (Santa Clara COE), 2018 REGION 21 – 7 Delegates (7 appointed) County: Los Angeles Monica Garcia (Los Angeles USD), 2017 Monica Ratliff (Los Angeles USD), 2017 Ref Rodriguez (Los Angeles USD), 2020 Scott Schmerelson (Los Angeles USD), 2020 Richard Vladovic (Los Angeles USD), 2020 Steven Zimmer (Los Angeles USD), 2017 County Delegate Douglas (Doug) Boyd (Los Angeles COE), 2018 REGION 22 – 6 Delegates (6 elected) County: North Los Angeles John K. Curiel (Westside Union ESD), 2017 Steven DeMarzio (Westside Union ESD), 2018 R. Michael Dutton (Antelope Valley Union HSD), 2017 Keith Giles (Lancaster ESD), 2018 Nancy Smith (Palmdale ESD), 2018 Steven M. Sturgeon (William S. Hart Union HSD), 2017 REGION 23 – 16 Delegates (13 elected/3 appointed) County: E. Los Angeles & San Gabriel Valley Subregion 23-A Adele Andrade-Stadler (Alhambra USD), 2017 Kenneth Bell (Duarte USD), 2017 Bob Bruesch (Garvey ESD), 2018 Gregory Krikorian (Glendale USD), 2018 Gary Scott (San Gabriel USD), 2018 Subregion 23-B Benjamin Cardenas (Montebello USD), 2017 Anthony Duarte (Hacienda La Puente USD), 2018 Helen Hall (Walnut Valley USD), 2017 Gino Kwok (Hacienda La Puente USD), 2018 Vacant, 2017 Subregion 23-C Steven Llanusa (Claremont USD), 2018 Christina Lucero (Baldwin Park USD), 2017 Eileen Miranda Jimenez (West Covina USD), 2017 Roberta Perlman (Pomona USD), 2017 Camie Poulos (West Covina USD), 2018 Paul Solano (Bassett USD), 2018 Page 4 of 5 DELEGATE ASSEMBLY ELECTION RESULTS (As of March 30, 2016) The following highlighted Delegates were elected, re-elected or appointed (() denotes district appointment) to the Delegate Assembly for a two-year term from April 1, 2016 – March 31, 2018. REGION 24 – 16 Delegates (14 elected/2 appointed) County: Los Angeles – Southwest Crescent Darryl Adams (Norwalk-La Mirada USD), 2017 Micah Ali (Compton USD), 2017 Leighton Anderson (Whittier Union HSD), 2018 Jan Baird (South Whittier ESD), 2017 Paul Gardiner (East Whittier City ESD), 2018 Margie Garrett (Compton USD), 2018 Megan Kerr (Long Beach USD), 2018 Eugene M. Krank (Hawthorne SD), 2018 Jose Lara (El Rancho USD), 2017 Sylvia V. Macias (South Whittier ESD), 2018 Karen Morrison (Norwalk-La Mirada USD 2018 Ann Phillips (Lawndale ESD), 2018 Margarita Rios (Norwalk-La Mirada USD), 2018 Ana Valencia (Norwalk-La Mirada USD), 2017 Felton Williams (Long Beach USD), 2017 Vacant, 2017 Page 5 of 5 J.6. Superintendent Search Process: Representative Dr. Ralph Baker from the San Bernardino County Superintendent of School's Office will be presenting proposed parameters and timelines for conducting a search for superintendent and receive input from the Board. Regular Board Meeting Agenda of April 7, 2016 Page 29 J.7. First Five Program: Update on funding options after meeting with First Five and San Bernardino County Preschool Services Department Representatives. (Edwin Cruz and Fran Muller) Regular Board Meeting Agenda of April 7, 2016 Page 30 J.8. Update of recent Mitsubishi Cement Corporation Education Foundation (MCCEF) Board Meeting and review LVUSD board delegates list. (Teresa Reyes) Regular Board Meeting Agenda of April 7, 2016 Page 31 J.9. LVUSD Board of Trustees Workshop: Review possible dates for a workshop/conversation meeting per LVUSD Governance Handbook/Newly Elected Board Member protocol. Regular Board Meeting Agenda of April 7, 2016 Page 32 K. Board, Superintendent and Administrator Reports - Board Members, the Superintendent, and/or Site Administrators may wish to discuss events and activities not on the agenda or to request future agenda items. Regular Board Meeting Agenda of April 7, 2016 Page 33 L. Discussion/Action Items Regular Board Meeting Agenda of April 7, 2016 Page 34 L.1. Approve Master Interdistrict Attendance Agreement Attachments: Interdistrict Attendance Agrmt Regular Board Meeting Agenda of April 7, 2016 Page 35 MASTER AGREEMENT INTERDISTRICT ATTENDANCE AGREEMENT (No Tuition Charge) Pursuant to Education Code Section 46600, the Governing Boards of each of the following school districts: Adelanto School District Alta Loma School District Apple Valley Unified School District Baker Valley Unified School District Barstow Unified School District Bear Valley Unified School District Central School District Chaffey Joint Union High School District Chino Valley Unified School District Colton Joint Unified School District Cucamonga School District Etiwanda School District Fontana Unified School District Helendale School District Hesperia Unified School District Lucerne Valley Unified School District Morongo Unified School District Mountain View School District Mt. Baldy Joint Unified School District Needles Unified School District Ontario-Montclair Schools District Oro Grande School District Rialto Unified School District Rim of the World Unified School District San Bernardino City Unified School District Silver Valley Unified School District Snowline Joint Unified School District Trona Joint Unified School District Upland Unified School District Victor Elementary School District Victor Valley Union High School District Agree as follows: 1. Applicability of this agreement is limited to grade levels mutually maintained by the contracting parties. 2. Insofar as facilities permit (space availability), each district may accept pupils from the other schools district who have proper permits for attendance from the district of residence; who are eligible to attend regular classes in elementary, middle schools, senior high schools, continuation classes maintained by the district of proposed attendance; and who are acceptable to the district of attendance. 3. Students who are deemed acceptable to the district of attendance include satisfactory attendance and behavior. 4. Any student accepted under space availability need not reapply each year. 5. Each district shall furnish these pupils the same advantages, equipment, supplies, and services as are furnished to other pupils in attendance in these classes, with the exception of home to school transportation. 6. In accordance with Section 46600(a) of the Education Code, the attendance of pupils from the respective school districts covered by this agreement shall be credited to the school district of attendance for apportionment purposes and the revenue limit pursuant to Education Code 42237 or 42238. 7. No financial obligation, including transportation, shall be incurred by the district of residence for services rendered under this agreement. 8. This agreement shall be for five (5) years from July 1, 2016 and ending June 30, 2021 and supersedes all prior regular Interdistrict Attendance Agreements. Either party may terminate this agreement effective at the beginning of a school year by giving written notice to the other party at least three (3) months prior to the beginning of the school year. 9. An Interdistrict transfer granted under space availability may be revoked at any time during the school year if the student’s academic grades, attendance of behavior are not satisfactory to the district of attendance. 10. False or misleading information may be cause for denial or revocation of an Interdistrict attendance permit. 11. The school district of attendance or the school district of enrollment shall not rescind transfer permits for pupils entering grades 11 or 12 in the subsequent school year per Education Code 46600)4). ______________________________________________ Name of District ______________________________________________ Superintendent or Designee (please print) ______________________________________________ Superintendent of Designee’s Signature Date ______________________________________________ Date of Governing Board Authorization L.2. Approve Contract with Tel-Craft Communications to repair/upgrade district phone system totaling $80,019.40. Attachments: Tel-Craft Agreement Regular Board Meeting Agenda of April 7, 2016 Page 36 L.3. Ratify Employment Agreement with Mr. Dan Leary to become Interim Superintendent. Attachments: Dan Leary Contract Regular Board Meeting Agenda of April 7, 2016 Page 37 LUCERNE VALLEY UNIFIED SCHOOL DISTRICT Agreement for Employment of Dan Leary INTERIM DISTRICT SUPERINTENDENT The following is an Agreement between the Board of Education of the Lucerne Valley Unified School District, hereinafter referred to as “Board of Education,” and Dan Leary, hereinafter referred to as “Interim Superintendent.” 1. Term of Agreement The Board of Education employs Dan Leary as Interim Superintendent commencing April 1, 2016 through the date of employment of a new Superintendent but not later than September 4, 2016. 2. Salary and Work Schedule The salary of the Interim Superintendent shall be Six Hundred Dollars ($600.00) per day. A work schedule shall be set for not less than three days each week as approved by the Board President. The total amount payable as salary under this Agreement shall not exceed that amount allowed by Education Code Section 24214(f) for STRS retirees. Interim Superintendent shall receive mileage reimbursement at the District established rate for travel outside of the District other than the commute to and from his home. Interim Superintendent shall be reimbursed for actual and necessary expenses incurred by him within the scope of his employment, as determined by the Board of Education. Interim Superintendent shall not accrue vacation or sick leave, nor shall he be entitled to holiday pay or health and welfare benefits. 3. Duties The Interim Superintendent agrees to perform at or above a professional level of competence the services, duties, obligations, and specific goals assigned by the Board of Education, permitted by his credentials, and provided in Board Policy and Administrative Regulations as they may be amended from time to time, and as the Board of Education may direct. Interim Superintendent shall not enter into any contracts without express Board action authorizing same. 4. General Provisions This agreement is subject to all applicable laws of the State of California, to the rules and regulations of the State Board of Education and to the rules and regulations of the Board of Education. Said laws, rules, regulations, and policies are hereby made a part of the terms and conditions of this agreement as though fully set forth herein. Agreement for Employment Dan Leary, Interim Superintendent Page 2 5. Statements Required by Government Code Sections 53243, 53243.2, and 53243.4 If this Contract is terminated, any cash settlement related to the termination shall be fully reimbursed to the District if the Interim Superintendent is convicted of a crime involving an abuse of her office or position. Pursuant to Government Code sections 53243 and 53243.4, Interim Superintendent shall reimburse any compensation received if placed on paid leave pending an investigation into alleged misconduct if such misconduct results in the conviction of a crime constituting an abuse of public authority or a crime against public justice. 6. Action at Open Session of Regular Meeting Pursuant to Government Code sections 54956(b) and 54957.6(a), this Agreement shall be approved in an open session of a regular meeting of the Board of Education. 7. Savings Clause If any provisions of this Agreement are held to be contrary to law by final legislative act or a court of competent jurisdiction inclusive of appeals, if any, such provisions shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions shall continue in full force and effect. 8. Complete Agreement This Agreement is the full and complete agreement between the parties hereto. Any amendment, modifications, or variations from the terms of this Agreement shall be in writing and shall be effective only upon approval of such amendment, modification, or variation by the Board of Education and the Interim Superintendent. 9. Termination The Board of Education may terminate this Agreement at any time upon giving the Interim Superintendent one (1) day written notice. Interim Superintendent may terminate at any time upon the provision of 21 days written notice. IN WITNESS HEREIN, we affix our signatures to this Agreement as the full and complete understanding between the parties hereto, effective April 1, 2016. Agreement for Employment Dan Leary, Interim Superintendent Page 3 BOARD OF EDUCATION LUCERNE VALLEY UNIFIED SCHOOL DISTRICT Jim Harvey Board President Carmen Fox Vice President Date Tom Courtney Clerk Tom Hagen Member Jodi Collingham Member INTERIM SUPERINTENDENT I hereby accept this offer of employment and agree to comply with the conditions thereof and to fulfill all of the duties of employment of Interim Superintendent of Lucerne Valley Unified School District. Dan Leary Date L.4. Approve Financial Advisory Services Agreement with Government Financial Strategies Attachments: Government Financial Strategies Contract Regular Board Meeting Agenda of April 7, 2016 Page 38 GOVERNMENT FINANCIAL STRATEGIES FINANCIAL ADVISORY SERVICES AGREEMENT THIS AGREEMENT (“Agreement”) is made this iLÀÕary 8, 2016, between Government Financial Strategies inc., a financial advisory firm (“Government Financial Strategies”) and Lucerne Valley Unified School District (“Client”) who agree as follows: 1. Scope of Work. Government Financial Strategies shall perform the services described in the scope(s) of work attached hereto as Exhibit A (the “Work”). Modifications, deletions and additions to the Work described in Exhibit A may be made, from time to time, upon the subsequent written agreement by both parties. 2. Payment. a. In consideration for the Work to be provided by Government Financial Strategies under this Agreement, Client agrees to pay fees and expenses as set forth in Exhibit A. b. For Work performed on a time and materials basis, Government Financial Strategies shall submit invoices to the Client on a monthly basis. For Work performed for a fixed fee, Government Financial Strategies shall submit invoices to the Client upon the completion of the Work or as otherwise identified in Exhibit A. c. Government Financial Strategies is required to provide written disclosure to all financial advisory clients about the actual or potential conflicts of interest presented by the form of compensation contemplated under this Agreement. Exhibit B sets forth the potential conflicts of interest associated with various forms of compensation. Client acknowledges receipt of Exhibit B, and Client has been given the opportunity to discuss such matters with Government Financial Strategies. 3. Term. a. This Agreement shall terminate upon the later of the completion of the Work or June 30, 2020, unless earlier terminated as provided in subsection (b). b. This Agreement may be terminated by either party upon thirty (30) days advance written notice to the other party. c. Upon termination of this Agreement by either party, Client shall compensate Government Financial Strategies for all Work performed prior to termination. If the compensation identified in Exhibit A was on a time and materials basis, such compensation shall be based on time and materials incurred prior to termination. If the compensation identified in Exhibit A was on a fixed fee basis, such compensation shall be the greater of: 1) the percentage of services completed through the termination date multiplied by the fixed fee, or 2) the amount based on a time and materials basis, not to exceed the fixed fee. “Payment,” “Ownership of Documents,” “Indemnification,” “Severability,” “Governing Law and Venue,” and “Entire Agreement” shall survive the termination of this Agreement. 4. Professional Ability and Loyalty. Government Financial Strategies represents that it possesses the skill to competently perform the Work, that it shall perform that Work in a manner equal to or Lucerne Valley Unified School District Government Financial Strategies inc. Financial Advisory Services Agreement Page 2 of 5 exceeding generally accepted professional practices and standards for firms performing similar work, and that it will act in a manner it believes to be in the best interest of the Client rather than any third party. 5. Ownership of Documents. Every report, study, memo, letter, spreadsheet, worksheet, plan, graph, diagram, map, photograph, computer model, computer disk, computer software and other document or item prepared by Government Financial Strategies under this Agreement and provided to and paid for by the Client (the “Work Product”) shall be the property of Client, and Client shall have the right to use, reuse, reproduce, publish, display, broadcast and distribute the Work Product and to prepare derivative and additional documents or works based on the Work Product without further compensation to Government Financial Strategies. Government Financial Strategies may retain a copy of any Work Product and use, reproduce, publish, display, broadcast and distribute any Work Product and prepare derivative and additional documents or works based on any Work Product; provided, however, that Government Financial Strategies shall not provide any Work Product not previously made available to the public to any third party without Client’s prior approval, unless compelled to do so by legal process. If Client reuses or modifies any Work Product for a use or purpose other than that intended by the Work under this Agreement, then Client shall hold Government Financial Strategies harmless against all claims, damages, losses and expenses arising from such reuse or modification. 6. Indemnification. Both parties shall indemnify, defend, protect, and hold harmless the other party, its officers, employees, volunteers and agents from and against any and all liability, losses, claims, damages, expenses, demands, and costs (including, but not limited to, attorney’s fees) directly arising from any negligent act or omission, willful misconduct or violation of law of the other party. 7. Insurance. a. Government Financial Strategies, at its sole cost and expense, shall procure and maintain for the duration of this Agreement workers compensation insurance in the amount required by statute, comprehensive general liability insurance with coverage of at least one million dollars ($1,000,000) per occurrence and aggregate, automobile liability insurance with coverage of at least one million dollars ($1,000,000) per accident, and professional errors and omissions insurance with coverage of at least one million dollars ($1,000,000) per occurrence and aggregate. b. Upon request, Government Financial Strategies shall provide to Client the evidence of such insurance. 8. Municipal Advisor Registration. Government Financial Strategies is a municipal advisor registered with the Securities and Exchange Commission (registration number 867-00775) and the Municipal Securities Rulemaking Board (registration number K0127). 9. Conflicts of Interest. a. Except as expressly described in Section 2(c) above and Section 9(b) below, Government Financial Strategies has no material conflicts of interest that might impair its fiduciary duty to the Client. Client acknowledges that Government Financial Strategies may have other governmental clients with overlapping jurisdictions with Client. b. Reserved 10. Independent Contractor. Government Financial Strategies shall be an independent contractor in performing the Work and shall not act as an agent or employee of Client. The employees of Government Financial Strategies and its subcontractors are not employees of Client within the meaning or application of any federal or state unemployment insurance laws, social security law or any worker's compensation, industrial accident law or other industrial or labor law. Lucerne Valley Unified School District Government Financial Strategies inc. Financial Advisory Services Agreement Page 3 of 5 11. Non-Discrimination. Government Financial Strategies will not discriminate in any way against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition or marital status in connection with, or related to, the performance of this Agreement. 12. Successors and Assigns. This Agreement shall bind and inure to the benefit of the successors and assigns of the parties; however, Government Financial Strategies shall not assign its rights and obligations under this Agreement without the prior written consent of Client, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Government Financial Strategies may subcontract a portion of the Work to its wholly-owned subsidiary, GFS Australia Pty. Ltd, and its sole employee, Jonathan Edwards. 13. No Waiver of Rights. Any waiver at any time by either party of its rights as to a breach or default of this Agreement shall not be deemed to be a waiver as to any other breach or default. 14. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired. 15. Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California. The county and federal district court where the Client’s main office is located shall be venue for any state and federal court litigation concerning the enforcement or construction of this Agreement. 16. Notice. All notices that are required or permitted to be given under this Agreement shall be in writing and sent by either personal delivery, nationally recognized overnight courier service or prepaid, first class United States postal mail. Notices shall be sent to the addresses listed below, or to such other address as either party may specify in writing: Government Financial Strategies: Lucerne Valley Unified School District: Government Financial Strategies Attn: Lori Raineri, President 1228 N Street, Suite 13 Sacramento, CA 95814-5609 Lucerne Valley Unified School District Attn: Douglas Beaton, Director, Business Services 8560 Aliento Rd. Lucerne Valley, CA 92356 17. Entire Agreement. This Agreement represents the sole, final, complete, exclusive and integrated expression and statement of the terms between the parties concerning the Work, and supersedes all prior oral and/or written negotiations, representations or contracts. This Agreement may be amended only by written agreement by both parties. IN WITNESS HEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives. vernment ntt Financial Strategies Str trat a egies inc. Government Lucerne Valley Unified School District By: By: Lori Raineri President Douglas Beaton Director, Business Services Lucerne Valley Unified School District Government Financial Strategies inc. Financial Advisory Services Agreement Page 4 of 5 EXHIBIT A SCOPE(S) OF WORK Government Financial Strategies will provide general financial planning and advisory services to Lucerne Valley Unified School District which include but are not limited to the following: a review of facilities needs and costs, a review of short term and long term cash flow schedules, identification and classification of existing and potential revenue sources, assistance with the production of a comprehensive financial plan, financial advisory services in connection with any debt issues, participation in real estate negotiations, general background information on real estate acquisition and lease agreements, allocation of revenues to expenditures, development of financial strategies, reviews of documents, and presentations to the governing board. Such services will be provided as requested by Lucerne Valley Unified School District. In consideration of the services provided, Lucerne Valley Unified School District will pay Government Financial Strategies hourly fees of $225 for services, plus out-of-pocket expenses (such as mileage, meals, etc.). For travel time, Lucerne Valley Unified School District will pay Government Financial Strategies hourly fees of $112.50. Lucerne Valley Unified School District Government Financial Strategies inc. Financial Advisory Services Agreement Page 5 of 5 EXHIBIT B DISCLOSURE OF CONFLICTS OF INTEREST WITH VARIOUS FORMS OF COMPENSATION Government Financial Strategies is required to provide written disclosure to all financial advisory clients about the actual or potential conflicts of interest presented by the form of compensation contemplated under this Agreement. Set forth below are the potential conflicts of interest as provided by the Municipal Securities Rulemaking Board (MSRB) associated with various forms of compensation which are anticipated to be used under this Agreement. There are other forms of compensation that Government Financial Strategies believes create conflicts of interest that can not be overcome and are therefore not contemplated under this Agreement. For more information, please refer to www.msrb.org. Forms of compensation; potential conflicts. The forms of compensation for municipal advisors vary according to the nature of the engagement and requirements of the client, among other factors. Various forms of compensation present actual or potential conflicts of interest because they may create an incentive for an advisor to recommend one course of action over another if it is more beneficial to the advisor to do so. This document discusses various forms of compensation and the timing of payments to the advisor. Fixed fee. Under a fixed fee form of compensation, the municipal advisor is paid a fixed amount established at the outset of the transaction. The amount is usually based upon an analysis by the client and the advisor of, among other things, the expected duration and complexity of the transaction and the agreed-upon scope of work that the advisor will perform. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, the advisor may suffer a loss. Thus, the advisor may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. There may be additional conflicts of interest if the municipal advisor’s fee is contingent upon the successful completion of a financing. Hourly fee. Under an hourly fee form of compensation, the municipal advisor is paid an amount equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if the client and the advisor do not agree on a reasonable maximum amount at the outset of the engagement, because the advisor does not have a financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an hourly fee may be applied against a retainer (e.g., a retainer payable monthly), in which case it is payable whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of a financing, in which case there may be additional conflicts of interest. MEMORANDUM To: Douglas Beaton From: Keith Weaver Date: iLÀÕ>ÀÞÊn, 2016 Re: Scope of Work to Provide Continuing Disclosure Services Douglas, as you know, at the time a school district issues municipal securities such as bonds, certificates of participation, notes or other debt in the public markets, the school district enters into an agreement with the underwriter to continue to provide certain information to the public as long as such debt is outstanding. Federal law prohibits an underwriter from purchasing or selling municipal securities unless the underwriter has reasonably determined that the issuer of municipal securities has undertaken, in a written agreement, to provide certain information to the public. This agreement is typically referred to either as a continuing disclosure agreement or continuing disclosure certificate. In this agreement, the issuer agrees to provide 1) an annual report containing financial reports and other operating information, and 2) notices of significant events (as identified by the Securities and Exchange Commission or SEC) as they occur. The required contents and due date of the annual report as well as the events requiring notice to the public as they occur are specified in the agreement. Below is a scope of work to assist the District with meeting its continuing disclosure obligations with respect to its outstanding publically issued debt. Note that the District currently has the following debt with continuing disclosure obligations: 1. Certificates of Participation (2008 Financing Project) Preparation and Filing of Annual Report. We will perform the following services each year to assist the District in satisfying its annual continuing disclosure filing requirements: • Review the continuing disclosure agreements for the District’s outstanding debt. • Determine the information required to be included in the annual disclosure filing along with the filing due date(s). • Collect information from the District, the County, and other information sources to meet the annual disclosure requirements. • Prepare the annual report, as required. • File the annual report on the EMMA system1. • Prepare a memo for your records confirming the filing of the annual report, identifying the contents of the report, and including the receipt(s) proving submission of the report. 1 As of July 1, 2009, all continuing disclosure filings are required by law to be provided to the public in an electronic format through the Electronic Municipal Market Access system, or “EMMA.” EMMA was established to provide free public access to disclosure and increase transparency of information in the market, replacing for-profit vendors that used to resell such information. EMMA is operated by the Municipal Securities Rulemaking Board, or “MSRB”. The MSRB regulates municipal securities underwriters and municipal advisors and is subject to oversight by the SEC. January 29, 2016 Douglas Beaton RE: Scope of Work to Provide Continuing Disclosure Services Page 2 Preparation and Filing of Significant Event Notices. As necessary, we will perform the following services to assist the District in satisfying its significant event filing requirements, including but not limited to filings due to credit rating changes: • Monitor ratings of bond insurers insuring the District's debt. • Prepare significant event notices (whether through your communication with our office or from other sources), with the goal to complete each filing within 10 business days of the occurrence of such event as required under continuing disclosure certificates signed after December 1, 2010. • File significant event notices on EMMA. • Prepare a memo for your records confirming the filing of each significant event notice and including the receipt(s) proving submission of the notice. Annual Review. We will conduct due diligence annually to confirm compliance with disclosure requirements during the past year, and to ensure complete and accurate disclosure of material information. District Responsibilities. Even though we will actively monitor for rating changes, in order to provide for timely disclosure to the market, we ask that you please notify us as soon as possible (ideally within five business days) of any of the events listed on the attached Exhibit A. As always, we will provide District staff with education and support to enable the District to achieve maximum value from this scope of work. Our fees to provide continuing disclosure services are based on the number of outstanding issues at the beginning of the calendar year. Our current fees are $2,500 per year for up to four debt issuances, with each additional debt issuance $500, payable at the beginning of the calendar year. The District currently has one debt issuance outstanding; consequently, the fee for continuing disclosure services for calendar year 2016 is $2,500 plus any out-of-pocket expenses for data provided by third parties (billed at cost as incurred). An invoice for continuing disclosure services for 2016 will be provided to the District upon acceptance of this scope of work; thereafter, invoices will provided annually in December for services for the following calendar year. This scope of work automatically renews at our then current rates each year unless terminated by either party upon 30 days written notice. Douglas, as always, our commitment to our clients is "100 percent satisfaction guaranteed, 100 percent of the time." It is our goal to provide the best services in the most economical fashion. We look forward to continuing to provide the District with this same high level of service. Please let us know if you have any questions or comments. Accepted By: ______________________________________ Douglas Beaton Director, Business Services Lucerne Valley Unified School District Date:_________________________________ January 29, 2016 Douglas Beaton RE: Scope of Work to Provide Continuing Disclosure Services Page 3 Exhibit A – Events Requiring Notification We ask that you please notify us as soon as possible (ideally within five business days) of the occurrence of any of the events listed on the following table. Note that many of the events listed below are as specified by the Securities and Exchange Commission. While we have provided examples of these events in order to aid in your understanding, the examples are not meant to be comprehensive, and some of the items may not be relevant for the District. If you have any question as to whether an event occurs that may require notification to the public market, we ask that you err on the side of caution and contact us. Event A rating agency contacts the District for a rating review. The credit rating on any of the District’s outstanding debt changes. There is a debt service payment delinquency. There is an unscheduled draw on a debt service reserve or credit enhancement (such as bond insurance). There is a substitution of a credit or liquidity provider, or their failure to perform. The District defeases, refinances or completes a tender offer of any of the District’s debt. The District considers a State loan due to insolvency or has a fiscal advisor appointed. There is an adverse tax opinion, the issuance by the Internal Revenue Service of Notices of Proposed Issue (IRS Form 5701-TEB) or other notices regarding the tax status of the District’s debt. The rights of the District’s debt holders are modified (usually through an amendment of the financing documents). The property securing repayment of any of the District’s debt is released, substituted, or sold. The District’s boundaries are changed, or the District sells all or substantially all of its assets. The District appoints a successor or additional trustee, or the name of a trustee changes. The District issues private placement debt such as lease-purchase financing. There is any other event that may be material to investors. Description / Example One of the three major rating agencies (Standard & Poor’s, Moody’s and Fitch) contacts the District for the purpose of updating its rating(s) on the District’s debt. One of the three major rating agencies notifies the District of a change in the rating of the District’s debt. The District does not make a debt service payment on any of the District’s outstanding debt when due. The District does not make payment a debt service payment when due on any of the District’s debt, and the paying agent or trustee bank notifies the District that a draw is made from the bond insurer or the debt service reserve fund in order for the investors to receive funds in a timely manner. The District replaces the provider of the surety bond used to fund a reserve fund, or the provider of a letter of credit associated with variable rate debt. The District issues bonds to refinance any of its outstanding debt or pays debt prior to its due date with cash on hand. The District is in fiscal distress. The District may be evaluating a need for a State loan or has a fiscal advisor appointed by the county office of education. The District is contacted by the Internal Revenue Service regarding any of the District’s debt. The Board is asked to consider a resolution modifying the trust agreement or lease agreement(s) related to its certificates of participation. The District changes the property used as the basis for lease agreements related to its certificates of participation. The boundaries of the entire District are changed (not a change in the determination of which areas attend which schools). The District changes trustee bank on its outstanding certificates of participation. The District issues a lease-purchase financing or other debt not using an underwriter. L.5. Approve Multiple Services Agreement with School Innovations & Achievement Attachments: SIA Agreement Regular Board Meeting Agenda of April 7, 2016 Page 39 MULTIPLE SERVICES AGREEMENT Between SCHOOL INNOVATIONS & ACHIEVEMENT And LUCERNE VALLEY UNIFIED SCHOOL DISTRICT THIS AGREEMENT, dated ____________________, 2016 (the “Agreement”) is made by and between Lucerne Valley Unified School District (“District”), and School Innovations & Achievement, a California corporation (“SI&A”), each being a “Party” and collectively the “Parties”. RECITALS WHEREAS, District is authorized to retain consulting services to assist District in the preparation and filing of reimbursement and estimated claims for the costs of the Mandate Reimbursement Process Program, legislatively mandated by the State of California (“State”), and SI&A is qualified to perform such services; and WHEREAS, it is necessary and desirable that SI&A be retained by District for the purpose of performing consulting services; AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. Agreement Period. The Agreement period begins July 1, 2016 (the “Effective Date”) and will automatically expire on June 30, 2019 (the “Expiration Date”). The Agreement period consists of three (3) District fiscal years: July 1, 2016 through June 30, 2017; July 1, 2017 through June 30, 2018; and July 1, 2018 through June 30, 2019 (the “Agreement Period”). Each fiscal year within the Agreement Period is an “Agreement Year.” 2. Services. SI&A agrees to provide District consulting services (“Services”) as outlined in Exhibits B and C during the Agreement Period. 3. District’s Obligations. 3.1 District Responsibilities and Obligations. District shall be responsible for the following: (a) ensuring District has record retention policies sufficient to maintain original documentation used in support of claims (for audit or examination by any State or regulatory agency); and (b) maintaining original supporting documents for a period of four (4) years after the State’s first payment of the claim; and (c) District shall provide SI&A all records and information relevant to any claim in a timely manner and contact information for District’s personnel to whom SI&A may direct inquiries. District understands and agrees that the results of SI&A’s inquiries, the 1 CA0036090 Multiple Services Agreement 2016-19 (Rev. 01/15) 3/17/2016 documentation obtained from District and other corroborating information may be used by SI&A for filing and/or supporting the reimbursement claims, or responding to audits or investigations. 3.2 Claim Approval. Upon presentation of a claim for District’s approval, District agrees to review the claim and respond to SI&A by either: (a) certifying to SI&A, under penalties of perjury, that the time, costs and other data collected by District and furnished to SI&A in support of the claim are true and correct; or (b) provide SI&A with notice specifying why the foregoing certification may not be true. All notices and certifications must comply with the requirements of Section 4 of the Standard Terms and Conditions. 3.3 For Districts that elect the Mandate Block Grant. The District acknowledges and agrees that the Good Governance and Program Advisory Services, provided by SI&A, in connection with potential audit matters, consists of providing recommendations and support with forms and backup documentation collected. It is the District’s responsibility to ensure the District’s compliance with all mandate block grant requirements. 4. California False Claims Act. District acknowledges that reimbursement claims filed under this Agreement constitute “claims” under the California False Claims Act (California Government Code Section 12650, et seq.) (“False Claims Act”) and consequently, District, its employees, contractors and other persons acting on its behalf, may be subject to the provisions of the False Claims Act. Among other things, the False Claims Act imposes liability for treble damages, penalties and costs of civil recovery actions upon persons who “knowingly” present or cause to be presented false claims, or who “knowingly” make or cause to be made false records or statements in support of a claim. Under the False Claims Act, “knowingly” means that a person, with respect to information, has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. 5. Payment of Fees. 5.1 Fees. For Services provided pursuant to the terms of this Agreement, District agrees to pay SI&A $10,000, annually, (the “Fee”) for the fiscal years 2016/17, 2017/18 and 2018/19, as follows: Services Good Governance and Program Advisory Services SiteServ SM Services Total Annual Fee FY 2016/17 FY 2017/18 FY 2018/19 7,600 7,600 7,600 2,400 2,400 2,400 10,000 10,000 10,000 5.2 Payment Plan. The Fee is payable in annual or semi-annual installments as indicated below. District must clearly mark one payment plan below. If a plan is not clearly identifiable by SI&A, then District agrees to pay the Fee on an annual basis. 3 annual payments due July 1, 2016, 2017 and 2018. 6 semi-annual payments due July 1, 2016, 2017 and 2018, and January 1, 2017, 2018 and 2019. 2 CA0036090 Multiple Services Agreement 2016-19 (Rev. 01/15) 3/17/2016 5.3 Travel; Lodging Expenses. If SI&A reasonably determines that travel to District’s site is necessary, SI&A and District shall schedule mutually convenient dates and times for such meetings. All travel and lodging expenses incurred by SI&A in connection with the Initial Scope of Services are included in the Fee. 6. Entire Agreement. This Agreement, including, without limitation, the Standard Terms and Conditions attached hereto as Exhibit A is the final expression of, and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. 7. Exhibits. All exhibits referred to in this Agreement are attached and incorporated herein by this reference. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, including copies sent to a party by facsimile transmission or in portable document format (pdf), as against the party signing such counterpart, but which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the District and SI&A have made and executed this Agreement as set forth below. SI&A: DISTRICT: SCHOOL INNOVATIONS & ACHIEVEMENT, INC. LUCERNE VALLEY UNIFIED SCHOOL DISTRICT Signature: Date Signed: Print Name: Title: Company: Address: Signature: Date Signed: Print Name: Title: Address: Phone: Fax: 3/17/2016 Jeffrey C. Williams Chief Executive Officer School Innovations & Achievement 5200 Golden Foothill Parkway El Dorado Hills, CA 95762 (800) 487-9234 (888) 487-6441 Phone: Fax: Email 3 CA0036090 Multiple Services Agreement 2016-19 (Rev. 01/15) 3/17/2016 EXHIBIT A - STANDARD TERMS AND CONDITIONS 1. Scope of Services; Independent Contractor. SI&A’s services described in the Agreement (the “Services”) detail the initial scope of services anticipated by SI&A as of the effective date of the Agreement (“Initial Scope of Services”). District acknowledges that the Fee is based on this Initial Scope of Services. If SI&A determines that the Initial Scope of Services may be or has been increased anytime during the Agreement Period, SI&A reserves the right to increase the Fee to compensate for the unanticipated or additional services as mutually agreed upon in writing by both Parties. This Agreement is not for lobbying services and SI&A is not being retained to provide lobbying services to District. The parties agree that School Innovations & Achievement is an independent contractor and the Agreement shall not be construed to create a relationship of agent, servant, employee, partnership, joint venture, association or any other relationship. 2. Termination. Either party may terminate the Agreement, with or without cause, by delivering written notice of termination to the other party not later than thirty (30) days prior to expiration of the current agreement year within the Agreement Period. The effective date of termination shall be the expiration of such current year of the Agreement. Upon termination, SI&A will invoice District for any Fees owing and District shall pay the full invoice amount within thirty (30) days after receipt of SI&A’s invoice. Except as set forth in this Section 2, neither party shall have any liability to the other for damages resulting solely from a party’s termination of this Agreement in accordance with this Section 2. 3. Termination Due to Changes in State Law. If Legislation is enacted that eliminates or suspends K-12 education mandates, thereby making the filing of mandate reimbursement claims impossible or futile, District may immediately terminate this Agreement. Upon termination, SI&A will invoice District for any Fees owing and District shall pay the full invoice amount within thirty (30) days after receipt of SI&A’s invoice. All other terminations shall be subject to the terms and conditions set forth in Section 2, above. 4. Notice. All Agreement notices must be in writing, directed to the party’s address set forth below such party’s signature in the Agreement and shall be deemed to be received in accordance with the following: (a) in the case of personal delivery, on the date of such delivery; (b) in the case of facsimile transmission, on the date upon which the sender receives confirmation by facsimile transmission that such notice was received by the addressee, provided that a copy of such transmission is additionally sent by mail as set forth in (d) below; (c) in the case of overnight courier, on the second business day following the day such notice was sent, with receipt confirmed by the courier; and (d) in the case of mailing by first class certified mail, postage prepaid, return receipt requested, on the fifth business day following such mailing. A party may change the address stated in the Agreement by giving notice to the other party. 5. District’s General Responsibilities; District Acknowledgment. During the Agreement Period, in addition to the obligations set forth in the Agreement, District is responsible for the following: (a) ensuring that District, its employees and contractors properly identify and comply with laws and regulations applicable to District’s activities; (b) completing any documents required by SI&A for any service obtained by District; (c) importing only data that reflects student performance to the grade level into the school site plan to ensure confidentiality and consistency with FERPA guidelines,; and (d) monitoring assignments of login and passwords to assure FERPA compliance. District acknowledges that SI&A’s full, accurate and timely performance under this Agreement is materially dependent upon District’s reasonable cooperation and assistance. District further acknowledges that SI&A’s Initial Scope of Services and Fee presume a reasonable amount of cooperation and assistance from District, such as District’s timely provision of certain information, documentation and personnel. SI&A has explained its requirements in this regard to District and District agrees to meet these requirements. 6. Further Assistances. Upon request of the other party, SI&A or District shall execute and deliver additional instruments and take additional actions as may be necessary or appropriate to perform the Agreement. 7. Assignment Prohibited. Neither party may assign any rights or obligations under this Agreement without the prior written consent of the other party. Any purported assignment in violation of the provisions of this Section 7 shall be null and void. 8. Family Educational Rights and Privacy Act (“FERPA”); California Education Code. SI&A may have limited access to student information only for purposes of providing the legally required notification services, if any, specified in this Agreement. SI&A performs the Services as an agent of District and has no right to access or utilize student information for any other purpose. SI&A, its officers and employees, shall comply with the Family Educational Rights and Privacy Act and California Education Code sections 49073 et seq. and/or sections 76240 et seq. at all times. 9. Confidential and Proprietary Materials of SI&A. During performance of the Agreement, SI&A may provide materials or disclose information to District that SI&A considers proprietary or confidential including, but not limited to SI&A’s training handbooks, policy manuals, instructions, copyrighted checklists and forms (“SI&A’s Materials”). District agrees that District acquires no interest of any kind in SI&A’s Materials. At all times during and after the Agreement Period, District agrees (a) to keep SI&A’s Materials in confidence and trust for SI&A; (b) not to disclose, duplicate or otherwise use SI&A’s Materials, except in furtherance of SI&A’s performance per the Agreement; (c) to limit access to SI&A’s Materials to District’s employees and/or contractors who have a “need to know;” and (d) to promptly return all copies of SI&A’s Materials to SI&A after a request is made. 10. Limitation of Liability; Indemnification. In no event shall SI&A’s liability to District, for any reason arising out of this Agreement, exceed the amount of the Fee actually received by SI&A under this Agreement. SI&A shall not be liable for any consequential damages. Each party agrees to defend, hold harmless, and indemnify the other party (and its officers, employees, trustees, agents, successors, and assigns) against all claims, suits, expenses (including reasonable attorney’s fees), losses, penalties, fines, costs, and liability whether in contract, tort, or strict liability (including but not limited to personal injury, death at any time, and property damage) arising out of or made necessary by the indemnifying party’s breach of the terms of this Agreement. In the event that any action or proceeding is brought against a party by reason of any claim or demand discussed in this Section 10, upon notice from the party, the indemnifying party shall defend the action or proceeding at the indemnifying party’s expense, through counsel reasonably satisfactory to the other party. The obligations to indemnify set forth in this Section 10 shall include reasonable attorney’s fees and investigation costs and all other reasonable costs, expenses, and liabilities from the time of giving the first notice of any claim or demand. The indemnifying party’s obligations under this Section 10 shall apply regardless of whether the other party (or any of its officers, employees, trustees, or agents) is actively or passively negligent, but shall not apply to any loss, liability, fine, penalty, forfeiture, cost, or damage caused solely by the active negligence or by the willful misconduct of the other party. 11. Governing Law; Enforcement Costs. The Agreement shall be governed by and construed in accordance with the substantive laws of California. If any legal action (including arbitration) is commenced to enforce the Agreement’s terms or a party’s rights or obligations under this Agreement, then the prevailing party shall be entitled to recover all fees and costs incurred by the action, including reasonable attorneys’ fees and arbitrators’ fees, in addition to any other relief to which the party may be entitled. 12. Judicial Reference. In the event a dispute is not resolved through discussions and negotiations among the parties, the dispute shall be decided by general reference procedures pursuant to Code of Civil Procedure Section 638 et seq., as modified by the provisions of this Section 12, and any subsequent provisions mutually agreed upon in writing by the parties. The reference shall be conducted in accordance with California law, including, but not limited to, the Code of Civil Procedure and the Evidence Code. The parties shall be allowed to conduct discovery in the manner provided by Code of Civil Procedure Section 2017 et. seq. BOTH PARTIES HEREBY WAIVE A JURY TRIAL OR PROCEEDING IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THIS AGREEMENT. All general reference proceedings hereunder shall, unless all parties hereto otherwise agree, be conducted in a mutually agreeable location in the County of Sacramento, State of California. 13. Modification; Interpretation; Severability; Construction. No modification or supplement to any provision of the Agreement shall be valid, unless executed in writing by both parties. No provision of the Agreement shall be construed to require the commission of any act contrary to law. If any term, provision, covenant or condition of the Agreement is held to be invalid or otherwise unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The headings preceding each Section and subsection of this Agreement are solely for convenience of reference only, are not part of the Agreement, and shall be disregarded in the interpretation of any portion of the Agreement. Whenever required by the context of the Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. The Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to paragraphs, Sections, subparagraphs and subsections are to the Agreement. 14. Waiver. Either party’s failure at any time to enforce any default or right reserved to it, or to require performance of any of the Agreement’s terms, covenants, provisions by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter. 15. Force Majeure. A party shall not be liable under the Agreement as a result of any delay, failure or interruption caused by the other party or third parties, an act of God, acts or orders of governmental authorities, acts of civil or military authorities, catastrophes or other cause (other than financial) beyond the party’s reasonable control, and such nonperformance will not be a default hereunder or a ground for termination of the Agreement. EXHIBIT B GOOD GOVERNANCE AND PROGRAM ADVISORY SERVICES During the Agreement Period, SI&A agrees to provide District the following Good Governance and Program Advisory services: (a) Prepare and file (based on the District’s Participation Status in the Mandate Block Grant Program, with information provided by the District): (1) Any applicable prior year reimbursement claims based on program participation; (2) Late and amended reimbursement claims, based on program participation; and (3) Newly claimable programs approved by the Commission on State Mandates (“Commission”) if the filing deadline is within the Agreement Period. (b) Hold training sessions for District’s staff during the Agreement Period, as necessary or appropriate (as reasonably determined by SI&A); (c) Provide access to interactive professional development training sessions for District and school site staff on a variety of essential programs via a web-based training platform; (d) Conduct interviews with District staff and document processes regarding mandate programs; (e) Provide interim and annual reports on: (1) Program performance; (2) Claim performance for all applicable claims; and (3) Analysis comparing Mandated Program options in preparation for the Districts yearly program election decision. (f) Monitor District’s mandated cost tracking systems; (g) Research and assist District with data collection for test claims approved by the Commission during the Agreement Period; (h) Serve as a liaison with the State Controller’s Office and Commission regarding (i) statewide cost estimate request responses, and (ii) general questions from the State Controller’s Office; (i) Provide representation of District with respect to any State audit of mandate reimbursement claims that were prepared and submitted with SI&A’s assistance pursuant to this Agreement, unless prior to claim submission SI&A advised District that SI&A would not provide audit assistance, due to potentially unresolved audit issues (such as documentation or data problems) or claim rejection concerns; and (j) Free access to Cabinet Report. Cabinet Report is an online education-news publication that provides news coverage critical to education practices and administration, our reporting is aimed at an audience of educators, school administrators and policy-maker. EXHIBIT C SITESERVSM During the Agreement Period, SI&A agrees to provide District the following SiteServSM Services (SiteServSM) for the development of a site service plan for each site listed on Attachment C-1, Designated Sites: (a) Two (2) on-site visits for training and advisory sessions at each Designated Site each Agreement Year; (b) Coordinate between District and Designated Sites for data collection; (c) Advise and assist each Designated Site and its personnel to (1) develop a more in-depth understanding of reimbursable costs under the State’s mandates, (2) determine the documentation required to substantiate such costs, and (3) meet the school’s documentation completion deadlines to enable SI&A to prepare claims for timely submission to the State Controller’s Office; (d) Expanded training sessions with SI&A and District which may be held concurrently with District or other Designated Site training sessions. A mutually acceptable schedule will be developed specifying the dates when the training sessions will occur. Since new State mandates not in effect on the Effective Date (“New Mandates”) may be authorized during an Agreement Year, SI&A shall incorporate training for New Mandates into SiteServ services if the New Mandates are approved by the State Controller’s Office and the filing deadline falls within the Agreement Period; and (e) Include milestones to be achieved by each Designated Site in the site service plan and prepare a district level summary status report showing each Designated Site’s progress regarding its ability to remain current on documentation requirements for site based claims at the end of each milestone. SI&A’s resources for addressing issues identified in the summary status report are beyond the Initial Scope of Services. SITESERVSM DISTRICT CHECKLIST District shall complete the following checklist to enable SI&A to best manage District’s expectations and preferences. 1. STAR Testing Window. Please provide District’s STAR Testing Dates: _________ ________________________________________________________________________ 2. 3. 4. School Calendar. Please attach a copy of the school district calendar for the current year. Site Directory. Please attach a site directory that includes the electronic mail addresses and phone numbers of the principals. Please feel free to include any other useful information (e.g. a district map). District Contact. Please provide a district office contact to help coordinate visit dates: Name: _____________________________ Title: _____________________________ Phone: _____________________________ E-mail: _____________________________ Thank you very much for completing this form and attaching the requested information. If you have any questions please contact Melanie Trammell at (916) 669-5184 or melaniet@sia-us.com. We look forward to working with you! Attachment C-1 Designated Sites Lucerne Valley Elementary Lucerne Valley High M. Adjournment Regular Board Meeting Agenda of April 7, 2016 Page 40