LGSUHSD Agenda - Regular Board Meeting (#2-13) September 10, 2013 LOS GATOS - SARATOGA UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES Library, Saratoga High School 20300 Herriman Avenue, Saratoga, CA 95070 We welcome you to this evening's meeting. The public may ask questions relevant to agenda items at the time those are under consideration. While not required, we would appreciate it if you would identify yourself with your name and address when addressing the Board. Fifteen minutes are allowed at designated times on the Agenda for the Public to address the Board on an item which is not on the agenda during the opportunity for Public Concerns. Speakers are asked to limit remarks to three minutes. No action will be taken by the Board at this time. The Board may put the issue on a future agenda for more discussion and/or action, or may refer the issue to the administration for follow-up. Any individual requiring disability-related accommodations or modifications including auxiliary aids and services in order to participate in the Board meeting should contact the Superintendent in writing. CLOSED SESSION - Personnel, Negotiations, Legal Matters Pursuant to State law (Government Code § 54954.2), closed sessions are not open to the public and may only be held for collective bargaining discussion, employment or dismissal of an employee, disciplinary matters relative to student(s) or employee(s), meeting with legal counsel on pending or anticipated litigation, emergency situations, and other exceptions as provided by law, including Government Code§ 54957 and 54957.6. Call to Order-4:30 p.m. 1. Roll Call Study Session Closed Session Reconvene Regular Session - 6:30 p.m. 2. Approval of Agenda 3. Public Concerns - an opportunity for the public to comment or address the Board on issues on the Closed Session Agenda Technology 1. Employee Discipline/Dismissal/Release (Government Code 54957) 2. Public Employee Employment: Superintendent of the District (Government Code 54957) 3. Provide direction to Bob Mistele, Superintendent, regarding negotiations with DTA and CSEA, Chapter 875 (Government Code 54957.6) 4. Potential Litigation - one matter (Government Code 54956.9) 5. Existing Litigation - one matter (Government Code 54956.9) 6. Negotiations: Review of classified grievance pursuant to Article 10.11 of District's Collective Bargaining Agreement with CSEA, chapter 875 (Government Code section 3549.1) 1. President's Report out of Closed Session: The President will report on action taken in Closed Session. 2. Flag Salute 3. Student Representative Comments: Report on school programs, activities and accomplishments. 4. Principals/Director Comments: Report on school programs, activities and accomplishments. 1
Transcript
LGSUHSD Agenda - Regular Board Meeting (#2-13) September 10, 2013
LOS GATOS - SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES
Library, Saratoga High School
20300 Herriman Avenue, Saratoga, CA 95070
We welcome you to this evening's meeting. The public may ask questions relevant to agenda items at the time those are under consideration. While not required, we would appreciate it if you would identify yourself with your name and address when addressing the Board. Fifteen minutes are allowed at designated times on the Agenda for the Public to address the Board on an item which is not on the agenda during the opportunity for Public Concerns. Speakers are asked to limit remarks to three minutes. No action will be taken by the Board at this time. The Board may put the issue on a future agenda for more discussion and/or action, or may refer the issue to the administration for follow-up. Any individual requiring disability-related accommodations or modifications including auxiliary aids and services in order to participate in the Board meeting should contact the Superintendent in writing.
Pursuant to State law (Government Code § 54954.2), closed sessions are not open to the public and may only be held for collective bargaining discussion, employment or dismissal of an employee, disciplinary matters relative to student(s) or employee(s), meeting with legal counsel on pending or anticipated litigation, emergency situations, and other exceptions as provided by law, including Government Code§ 54957 and 54957.6.
Call to Order-4:30 p.m. 1. Roll Call
Study Session
Closed Session
Reconvene Regular Session - 6:30 p.m.
2. Approval of Agenda 3. Public Concerns - an opportunity for the public to comment or address the
Board on issues on the Closed Session Agenda
Technology
1. Employee Discipline/Dismissal/Release (Government Code 54957) 2. Public Employee Employment: Superintendent of the District (Government Code
54957) 3. Provide direction to Bob Mistele, Superintendent, regarding negotiations with DTA
and CSEA, Chapter 875 (Government Code 54957.6) 4. Potential Litigation - one matter (Government Code 54956.9) 5. Existing Litigation - one matter (Government Code 54956.9) 6. Negotiations: Review of classified grievance pursuant to Article 10.11 of
1. President's Report out of Closed Session: The President will report on action taken in Closed Session.
2. Flag Salute 3. Student Representative Comments: Report on school programs, activities and
accomplishments. 4. Principals/Director Comments: Report on school programs, activities and
accomplishments.
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LGSUHSD
Public Concerns
PH.1 Public Hearing - Text/ Instructional Materials Incentive Fund
PH.2 DTA Sunshine Letter
Report/Discussion (RD)
RD.1 School Resource Officer (SRO}, Saratoga High School
RD.2 Parcel Tax
RD.3 RFP for Financial Advisor
RD.4 DTA: "Sunshining" Negotiations
Action Items (Al)
Al.1 AgreementSchoolMessenger
Al.2 Resolution #13-03
Al.3 MOU: Education Department: New Taipei City Government
Al.4 Resolution #13-06
Agenda - Regular Board Meeting (#2-13} September 10, 2013
5. Assistant Superintendent Comments: Report on school business, organizations and district activities.
6. Superintendent's Comments: Report on school business, organizations and district activities.
An opportunity for the public to comment or address the board on issues not on the agenda.
Time Certain: 7:00 p.m. An opportunity for public comment regarding Resolution #13-0?, Text/Instructional Materials Fund: Sufficiency Review, pursuant to Education Code 60119
An opportunity for the public to comment or address the board regarding the DTA "sunshine" letter
A review of SRO services at SHS, 2012-2013
An overview of the district's Parcel Tax filing for the 2013-2014 fiscal year
An report regarding the issuance of a Request for Proposals for a financial advisor for the possible General Obligation Bond
Presentation of the "sunshine" letter, opening negotiations regarding Article VI "Salary and Benefits."
Approve the Agreement with Schoo I Messenger for the development and maintenance of an LGSUHSD App
Adopt Resolution #13-03, noting the District's opposition to the Territory Transfer Petition/Quimby Road Cut Off
Approve the Memorandum of Understanding with the Education Department, New Taipei City Government, formalizing a relationship that fosters education and shared
learning
Accept with appreciation the donation of $520,000 from the SHS Foundation for the
Field Turf Project
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LGSUHSD
Al.5 Resolution #13-04
Al.6 J200 Financial Report, 2012-2013
Al.7 Resolution #13-05
Al.8 SPSA, LGHS - 2013-2014
Al.9 SPSA, SHS - 2013-2014
Board Reports and Communication
Consent Calendar (CC)
cc .1 Minutes, August 13, 2013
CC.2 Certificated Personnel Report
CC.3 Classified Personnel Report
cc .4 Minutes, August 27, 2013
CC.5 Agreement: Peninsula Sports, Inc.
Agenda - Regular Board Meeting (#2-13) September 10, 2013
Adopt Resolution 13-04, Text/Instructional Materials Incentive Fund, finding that the district is in compliance with Education Code 60119
Review and accept the J200 Financial Report, 2012-2013
Adopt Resolution #13-05, Recalculation of the Gann Limit
Approve the Single Plan for Student Achievement, Los Gatos High School, 2013-2014
Approve the Single Plan for Student Achievement, Saratoga High School, 2013-2014
A. Correspondence: Communication from individuals/organizations regarding district programs/services - Board correspondence shall include any formal, written correspondence directed to the board (included electronic communication). The Board Clerk shall report regarding the subject of all such correspondence received prior to this meeting and such correspondence shall be made available upon request, pending consideration of issues regarding confidentiality.
B. Board Member Comments: Trustee reports on affiliated organizations, school meetings and committees.
Action on all Consent Calendar items will be acted upon in one motion unless a board member or the superintendent requests that any such item be removed from the Consent Calendar for discussion by trustees or any interested party.
Approve Minutes: Regular Meeting - August 13, 2013
Certificated Personnel: Appointments, resignations, non-reelects, leaves and certifications, September 10, 2013
Classified Personnel: Appointments, resignations, leaves and certifications, September 10, 2013
Approve Minutes: Board Retreat -August 27, 2013
Approve the Agreement with Peninsula Sports, Inc. for officiating services
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LGSUHSD
CC.6 Williams/Valenzuela Uniform Complaint
CC.7 Agreement: California Property Record Systems
CC.8 Agreement: New Teacher Center
CC.9 Agreement: The Bay School
CC.10 Agreement: Coryell Autism Center
CC.11 Agreement: Hearing Conservation West
CC.12 Agreement: Kara
CC.13 Agreement: Kids Perspective Therapy
CC.14 Agreement: SAFETRANS Transportation, Inc.
CC.15 Agreement: Spectrum Center, NPS
CC.16 Agreement: Vista Center for the Blind and Visually Impaired
CC.17 Agreement: SRO - SHS
CC.18 Agreement: Patti Gregory
Agenda - Regular Board Meeting (#2-13) September 10, 2013
Approve the quarterly Williams/Valenzuela Uniform Complaint report, July 2013 (April-June
Authorize the Assistant Superintendent/CBO to approve the Agreement with CPRS to maintain and update district inventory master files and generate reports of all district owned facilities
Approve the Agreement with the New Teacher Center for administrator coaching
Approve renewal of the Agreement with the Bay School for three Special Education district students
Approve renewal of the Agreement with Coryell Autism Center for services for a district student
Approve renewal of the Agreement with Hearing Conservation West for mandated hearing screening
Approve renewal of the Memorandum of Understanding with Kara for on-site crisis support, grief counseling and training
Approve renewal of the Agreement with Kids Perspective Physical Therapy for therapy support for students in Special Education
Approve renewal of the Agreement with SAFETRANS for transportation services for district student
Approve renewal of the Agreement with Spectrum Center, Non-Public School, for educational services for a district student
Approve renewal of the Agreement with Vista Center for the Blind and Visually Impaired for services for visually impaired district students
Approve the Memorandum of Understanding with the Santa Clara County Office of the Sheriff for SRO services for Saratoga High School for 2013-2014.
Ratify the Agreement with Patti Gregory for preparation and facilitation services for the August 27th Board Retreat
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LGSUHSD
Public Concerns
Future Board Meetings
Adjournment
Agenda - Regular Board Meeting (#2-13) September 10, 2013
An opportunity for the public to comment or address the board on issues not on the agenda
A. October 1- Los Gatos Town Council Chambers, 6:30 p.m. B. October 15 - Los Gatos High School, 6:30 p.m. C. November 12 - Saratoga High School, 6:30 p.m. D. December 10 - Los Gatos High School, 6:30 p.m.
Agenda attachments and any distributed public records relating to an agenda item are available for review at the District Office: 17421 Farley Road West, Los Gatos, CA.
A recording of this meeting will be prepared and available for review via the district website www.lgsuhsd.org
5
TO:
FROM:
SUBJECT:
DISCUSSION
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES PUBLIC HEARINGS
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. PH.1
Resolution #13-04, Textbook/Instructional Materials Incentive Fund: Sufficiency Review: Time Certain - 7:00 p.m.
Education Code section 60119 requires, as a condition of receiving State funding for general instructional materials, that the Board of Trustees holds a public hearing annually to determine whether "each pupil in each school in the District has, or will have prior to the end of that fiscal year, sufficient textbooks or instructional materials, or both, in each subject that are consistent with the content of cycles of the curriculum framework adopted by the State Board."
Staff reports that the Board has adopted textbooks and authorized the purchase of instructional materials, which are consistent with the State curriculum standards and framework.
Board members are being asked to consider approving Resolution #13-04, Textbook/ Instructional Materials Incentive Fund: Sufficiency Review on September 10, 2013.
Public notice of the Resolution has been posted on August 30, 2013, 10 days prior to Board action.
PREPARED BY: Tom Woodruff, Ed.D.
TO:
FROM:
SUBJECT:
DISCUSSION
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES PUBLIC HEARINGS
Members, Board of Trustees
Bob Mistele, Superintendent
Public Disclosure: "Sunshining" Negotiations - DTA
DATE: September 10, 2013
ITEM NO. PH.2
Government Code Section 3547.5 requires that school districts disclose the major provisions of collective bargaining agreements at a public meeting prior to entering into the agreement. The attached document provides information regarding the opening of negotiations specific to Article VI "Salary and Benefits" - submitted by the District Teachers' Association.
Action regarding any agreement reached will be preceded by another public hearing.
PREPARED BY: Bob Mistele
TO:
FROM:
SUBJECT:
DISCUSSION:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES REPORTS AND DISCUSSION
Members, Board of Trustees
Bob Mistele - Superintendent
School Resource Officer (SRO) - Saratoga High School
DATE: September 10,
2013
ITEM NO. RD.1
Captain Kenneth Binder of the Santa Clara County Sheriff's Office will provide a summary of
SRO activities at SHS.
PREPARED BY: Bob Mistele
Los Gatos Saratoga Union High School District
School Resource Officer *Overview of the School Resource Officer
*2012-2013 School Year
Presented by Captain Ken Binder
Santa Clara County Sheriff's Office
*SRO Deputy Damian
Camarena
Los Gatos Saratoga Union High School District
Overview: School Resource Officer
There are two goals in the SRO program: *The first is to bridge the gap between deputies and students
by increasing positive attitudes towards law enforcement and encouraging more citizen cooperation between students and deputies.
*The second goal is to provide education and mentorship to the students, as well as to reduce crime through counseling, teaching programs, and by showing personal interest in students.
Los Gatos Saratoga Union High School District
Overview: School Resource Officer
The SRO accomplishes the goals by:
Having high visibility with the students
Monitoring ingress/egress routes and curbing truancy
Assisting with traffic flow as requested
Conducting numerous programs with the students
Also acts as FIRST RESPONDER to Active Shooter/Critical Incident
Los Gatos Saratoga Union High School District
2012-2013 School Year, Saratoga HS Deputy Damian Camarena
*Conducted 3 Teen Academies -2 during school year; 1 summer, (approx 90hrs, 56 students)
*Conducted Code Red /Blue training to Staff *Conducted full Campus Code Red Drill *Conducted Cyber bullying/ Internet Safety to gth grade classes *14 Presentations to students re: traffic laws (300+ students) *Attended Monthly Mtgs member of Drug Free Comm Committee
-Covered social & criminal trends among students (LG, MS,SA) *Assisted Patrol with Investigations involving students (spearheaded the
A. Pott case) *Assisted in meetings with Staff and Traffic Deps to mitigate traffic
issues surrounding the school *Member of the Saratoga High School Safety Committee
-Comprised of school staff, students, & parent volunteers -ID'd various concerns and made action plans to correct issues
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES
REPORTS AND DISCUSSION
DATE: September 10, 2013
ITEM NO. RD. 2
TO: Members, Board of Trustees
FROM: Bob Mistele, Superintendent
SUBJECT: Parcel Tax Implementation
DISCUSSION
This report will provide an overview of the district's filing of the Parcel Tax for the 2013-14 fiscal year. The district's assessment code on property tax statements read, "LG-SUHSD PARCEL TAX."
Santa Clara Count~ Parcels {District Assessment Number is 718)
Below is the summarizing information for Santa Clara County:
Income Parcels Generated
Total number of LGSUHSD parcels 18,836
Senior Exemptions filed and approved 1,221
Contiguous Parcels filed and approved 115
Supplemental Security Income Eligible 6
Tax Exempt Parcels and Pipeline Parcels 90
Number of Parcels Assessed ($49 per parcel) 17,404 $852,796
Santa Cruz Count~ Parcels {District Assessment Number is 400816)
Below is the summarizing information for Santa Cruz County: Income
Parcels Generated
Total number of LGSUHSD parcels 2,265
Senior Exemptions filed and approved 26
Contiguous Parcels filed and approved 90
Supplemental Security Income Eligible 0
Number of Parcels Assessed ($49 per parcel) 2,149 $105,301
The tax collector in each respective county charges a 1% fee for enrollment, collection and apportionment services ($9,581), therefore the parcel tax is expected to net $948,516.
PREPARED BY: Tom Woodruff, Ed.D.
TO:
FROM:
SUBJECT:
DISCUSSION
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES REPORTS AND DISCUSSION
Members, Board of Trustees
Bob Mistele, Interim Superintendent
Financial Advisor-Request for Proposals
DATE: September 10, 2013
ITEM NO. RD. 3
The Governing Board recently authorized a voter survey to be conducted this fall in helping to determine voter support for a General Obligation Bond to address aging school facilities, enrollment growth and other infrastructure needs. The issuance of voter approved debt has become increasingly complex and many bond issues now adjust the timeline for the distribution and repayment structures to more closely align the funding with the useful life of the assets that are purchased with bond proceeds. This alignment is particularly useful for purchases of
educational technology which typically has a useful life of three to five years.
District administrative staff is recommending the distribution of a request for proposal (rfp) for these services. The rfp does not obligate the district in any way to contracting for these services-it simply invites financial advisors to provide a detailed list of their services and
associated costs. The rfp is enclosed for the board's study.
PREPARED BY: Tom Woodruff, Ed.D.
LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT
REQUEST FOR PROPOSALS
for
FINANCIAL ADVISORY SERVICES
Request for Proposals Issued: September 11, 2013
Deadline for Submittal of Proposals: 2:00 PM September 30, 2013
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT REQUEST FOR PROPOSALS For Financial Advisory Services
I. Introduction
The Los Gatos-Saratoga Joint Union High School District (District) invites qualified financial advisors to submit proposals for services related to the planning and evaluation of the feasibility of placing a general obligation bond measure before voters of the District and the subsequent implementation of the bond program.
II. General Instructions
Interested firms are invited to submit one hard copy proposal(s) and one PDF copy via email to the District, delivered by 4:00 p.m. on September 30, 2013 to the following address:
Los Gatos-Saratoga Joint Union High School District 17421 Farley Road West
Los Gatos, CA 95030 Attn: Tom Woodruff, Assistant Superintendent, CBO
This Request for Proposals does not commit the District to award a contract or pay any costs incurred in the preparation of a response to this request. The District reserves the right to accept all or part of any response or to cancel in part or in its entirety this Request for Proposals. The District further reserves the right to accept the response that it considers to be in the best interest in the District. At its discretion, the District may interview one or more firms as part of its selection process.
All requirements must be addressed in your proposal. Non-responsive proposals will not be considered. All proposals, whether selected or rejected, shall become the property of the District and may be subject to the California Public Records Act.
Questions regarding the RFP may be directed to: Tom Woodruff, Assistant Superintendent, CBO Phone: 408-354-2520, ext. 227 Email: [email protected]
III. Scope of Services
The District seeks the services of a financial advisor to provide comprehensive general obligation bond related services including:
• Advise and assist the District in developing a financing plan and supporting activities in order to place bond measure on the ballot
• Advise District in relation to the issuance of General Obligation Bonds
• Provide the District with available financing options by conducting studies and analyses to determine the most appropriate and cost effective methods, terms, security provisions, and repayment structures. Financing options and accompanying studies and analyses shall be presented to the District within an agreed upon timeline
• Develop a schedule for all participating parties with regard to any of the above transactions
• Work cooperatively with and coordinate the work or recognized bond counsel, to be selected by the District, in connection with the issuance of bonds
• Provide the District with expert advice concerning the method of sale, and appropriate interest rates for its financings
• Coordinate the preparation and distribution of the preliminary and final Official Statements to provide the market with timely and accurate information about the District and bond issue
• Assist District officials in preparing materials for presentation to credit rating services regarding the District's financial condition and debt structures
• Have representatives present at meetings when requested or notified, on matters concerning financing techniques and bond issues
• Prepare other analyses that may be utilized by the District in its financings
• Perform such other functions normally contemplated to be within the scope of a fully qualified financial advisor
.IV. Response Content a. Provide a brief overview of your firm and the services you provide to school
districts.
b. Provide a summary of your firm's general obligation bond experience since January 1, 2008. In an appendix, please provide a list of general obligation bond financings (excluding refundings) your firm has served as financial advisor on since January 1, 2008. Include the name of the district, the dollar amount of the issuance, sale method (competitive, negotiated, private placement) and the date of the financing. This appendix is excluded from the 10 page limit.
c. Describe the professionals who will be assigned to the District's financings, their roles, and relevant experience.
d. Describe any financial innovations your finn has developed for California school districts.
e. Describe how and why your firm is different from other firms being considered, and why our selection of your firm would be the best decision for the District.
f. Provide five references from districts that your firm has provided financial advisory services to.
g. Fee schedule for the financial advisory services your firm proposes to provide to the District.
TO:
FROM:
SUBJECT:
DISCUSSION:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES REPORTS AND DISCUSSION
Members, Board of Trustees
Bob Mistele - Superintendent
DATE: September 10, 2013
ITEM NO. RD.4
District Teachers' Association (DTA) - "Sunshining" Negotiations
DTA represents the District's certificated, non-administrative employees. Notification has been received advising the District of their intent to negotiate Article VI "Salary and Benefits," hereby opening negotiations. In addition, DTA reserves the right to sunshine additional items from the Mutual Agreement of Trust later in the school year. A copy of this notification is attached.
A Public Hearing was held earlier this evening to provide the public an opportunity to comment on the proposal. The Board will take action at a future meeting regarding the District's
response and any negotiated agreements
PREPARED BY: Bob Mistele
SARATOGA HIGH SCHOOL
September 4, 2013
Bob Mistelle,
Jeff Anderson, Principal Joe Bosco, Assistant Principal Karen Hyde, Assistant Principal Brian Safine, Assistant Principal
DTA would like to discuss the potential changes to health insurance plans offered by the JPA and would like to open Article VI "Salary and Benefits" in the Mutual Agreement of Trust for negotiation. We reserve the right to sunshine additional items from the Mutual Agreement of Trust later in the school year.
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
Agreement - School Messenger: District App
RECOMMENDATION:
DATE: September 10, 2013
ITEM NO. Al.1
Approve "Agreement" School Messenger for the development and maintenance of a District App
DISCUSSION
Name of Contractor/Consultant: SchoolMessenger
Description of Services: Development and maintenance of a District App designed to enhance communication and the access to information for the LGSUHSD community
Date(s) of Service/Schedule: September 11, 2013 - June 30, 2014
Cost of Services: $1,920.00
PREPARED BY: Bob Mistele
RE LI N e: COMMUNICATl,ONS
Reliance Communications, LLC. 718 University Ave Ste. 200 Los Gatos CA 95032 PH: 888-527-5225 I FAX: 800-360-7732
Prepared for: Los Gatos High School 20 High School Ct Los Gatos CA 95030-6917
SchoolMessenger Complete
'SCHOOL.MESSENGER@
Date Quote#
Expires
Quote Type
Representative
CMA-Main 3,200 Custom Mobile Application for iOS and Android. Annual hosting, license and support.
Discount-CMA 3,200 Current SMC customer discount of .90 per student for bottom line per student CMA cost of .60
See product datasheets for complete specifications.
1111111111111111111111 "l<\"l"lR
Quote
7/24/2013 53556
9/27/2013
School Messenger Co ...
SchoolMessenger Rep
1.50 4,800.00
-0.90 -2,880.00
Total $1,920.00
TO:
FROM:
SUBJECT:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. Al.2
Resolution #13-03 -Territory Transfer Petition - Ormsby Cut Off
RECOMMENDATION:
Adopt Resolution #13-03, outlining the District's opposition to the Territory Transfer Petition for seven parcels on the Ormsby Cut Off.
DISCUSSION
In November 2012, a petition requesting the transfer of seven parcels from the Pajaro Valley School District to Loma Prieta and LGSUHSD was submitted. On August 6, 2013, a hearing was held in the Pajaro Valley School District to review the case. LGSUHSD was not notified of this hearing. The petition is now being brought before the Santa Clara County Office of Education Committee on School District Organization, date tba.
We have identified the following reasons for denial of this petition:
1. Potential procedural issues: a. The Education Code requires 10-day notice to affected districts; at least the first
public hearing by Santa Cruz COE, based on the information received, appears to have occurred without the required notice to Los Gatos-Saratoga; procedural errors can be a basis for challenging a reorganization.
b. The petition does not include an affidavit of the identify of the signatures of the persons who are requesting the transfer. This would be required under EC 35702, if the petition is to transfer inhabited territory. This petition may not be considered a transfer of "inhabited territory'' [uninhabited territory is defined as territory with fewer than 12 registered voters 54 days before filing the petition]. The territory includes some vacant parcels, and probably is not considered "inhabited."
2. Potential substantive issues include: a. A strong argument can be made that the transfer is for the purpose of enhancing
property values - because of the "attractiveness" of Los Gatos-Saratoga, deriving from its high academic achievement (and higher relative to Pajaro); and also this
type of reorganization would facilitate the 11 commute 11 into Santa Clara County -and making more likely that future additional requests will be made due to the realities of the job market. Such transfers, as noted in the proposed resolution, would exacerbate the enrollment growth already being experienced;
b. In terms of the 11 community of interest 11 argument the petitioners try to make -the property to be transferred is in Santa Cruz county - transferring it across a county border in a remote locale does not promote additional/better 11 community of interest 11 for Los Gatos-Saratoga.
PREPARED BY: Bob Mistele
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT Resolution #13-03
Transfer of Territory From the Pajaro Unified School District to the
Loma Prieta Joint Union Elementary School District and the Los Gatos-Saratoga Union High School District
WHEREAS, the Santa Cruz County Committee on School District Organization has received a petition to transfer seven (7) parcels located in Santa Cruz County from the Parajo Unified School District under the jurisdiction of the Santa Cruz County Office of Education to the Loma Prieta Joint Union Elementary School District and the Los Gatos-Saratoga Union High School District, which are under the jurisdiction of the Santa Clara County Office of Education.
WHEREAS, California Education Code section 35700 stipulates that an action to reorganize one or more school districts is initiated by filing, with the county superintendent of schools, of a petition signed by at least 25 percent of the registered voters in inhabited territory proposed to be reorganized, the owners of the uninhabited territory proposed to be reorganized, or by a majority of the members of the governing boards of each of the districts that would be affected by the proposed reorganization;
WHEREAS, the Chief Petitioner of the petition is Joshua McKee, resident of one of the seven (7) parcels, inhabited and uninhabited, to be reorganized by transfer to the Loma Prieta Joint Union Elementary School District and the Los Gatos-Saratoga Union High School District;
WHEREAS, the Santa Cruz County Committee on School District Organization held a public hearing on August 6, 2013, on the petition; Los Gatos-Saratoga Union High School District did not receive a 10-day notice as required by law as set forth in Education Code section 35705;
WHEREAS, Education Code section 35702 specifies that persons securing signatures to a petition of electors to reorganize school districts shall attach an affidavit that all persons who signed the petition did so in the presence of the affiant and that the signature is the genuine signature of the person whose name it purports to be; the petition to transfer the seven (7) parcels does not include such an affidavit;
WHEREAS, California Education Code section 35709 stipulates that the county committees on school district organization may grant a petition if the conditions enumerated in Education Code Section 35753 are substantially met and the petition is to transfer inhabited territory of less than 10 percent of the assessed valuation of the district from which the territory is being transferred and all of the governing boards have consented to the transfer;
WHEREAS, the transfer does not meet the conditions of Education Code Section 35753;
WHEREAS, provisions for the exchange of property tax revenue are set forth in Revenue and Taxation Code Section 99(h) and provide that upon the aforementioned transfer becoming
effective for all purposes, the property tax revenues generated by the aforementioned territory shall be attributable to the tax rate areas within the district(s) which receive the territory that is transferred;
WHEREAS, the property transfer is designed to result in significant increase in property values causing financial advantage to property owners because the territory was transferred from one school district to adjoining districts;
WHEREAS, the property proposed for transfer is remotely located in the County of Santa Cruz and its transfer from the Pajaro Valley Unified School District to the Loma Prieta Joint Union Elementary School District and the Los Gatos-Saratoga Union High School District would not result in districts that are organized on the basis of a substantial community of identity;
WHEREAS, the Los Gatos-Saratoga Joint Union High School District is currently experiencing and projecting substantial future enrollment growth which will likely require additional classrooms and facilities construction, with potential bond-financing;
WHEREAS, the approval of the transfer would set precedence for future transfers of territory into the Los Gatos-Saratoga Joint Union High School District, exacerbating growth and potentially disrupting its educational program;
NOW, THEREFORE BE IT RESOLVED, that by a vote of the majority of the members, the Governing Board of the Los Gatos-Saratoga Joint Union High School district declares that the petition to transfer territory is not in conformance with law, and further, that it is not in the best interest of our school district to accept this transfer of property.
PASSED AND ADOPTED by the Governing Board of the Los Gatos-Saratoga Joint Union High School District, County of Santa Clara, State of California, this 1 oth day of September, 2013, by the following vote:
AYES:
NOES:
ABSTAIN/ ABSENT:
I, Katherine Tseng, Clerk, of the Governing Board, do hereby certify that the foregoing is a true and correct copy of the resolution adopted by the Governing board of the Los Gatos-Saratoga Joint Union High School District at the meeting of September 10, 201, and maintained on file in the office of said Board.
Resolution # 1036692.1
Page 2
TO:
FROM:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. Al.3
SUBJECT: MOU: Education Department, New Taipei City Government
RECOMMENDATION:
Approve the Memorandum of Understanding with the Education Department, New Taipei City Government, formalizing a relationship that fosters education and shared learning
DISCUSSION:
On September 11, 2013, a delegation from the Education Department, New Taipei City Government will visit Saratoga High School, tour classrooms and enjoy various student music performances. This MOU indicates an intention to engage in exchanges and cooperative activities. It does not obligate the district or its employees to do so but is a good faith representation of the Board's interest in a collegial relationship with a part of the global community.
PREPARED BY: Katherine Tseng
LGSUHSD BOARD OF TRUSTEES EDUCATION DEPARTMENT, NEW TAIPEI CITY
MEMORANDUM OF UNDERSTANDING on Educational Cooperation
BETWEEN Education Department, New Taipei City Government
Republic of China (Taiwan) AND
The LGSUHSD Board of Trustees Los Gatos, CA, United States of America
Education Department, New Taipei City Government, Republic of China (Taiwan) and The Los Gatos-Saratoga Union High School District, hereinafter referred to as "the Parties," agree to enter into a Memorandum of Understanding on Educational Cooperation, hereinafter referred to as "MOU" in order to contribute positively to the strengthening of education and learning - related linkages, and have reached the following understanding:
ARTICLE 1
Both Parties will endeavor to carry out the following exchanges and cooperative activities:
(a) The promotion of educational and academic exchanges to share experiences and ideas; (b) Exchange of academic information, materials and publications related to education and
training; (c) Support and promote educational exchanging and visiting among schools for both sides; and, (d) Any other academic and educational cooperative activities that may be jointly decided upon by
the Parties.
ARTICLE 2
Specific details of other activities concerning mutual cooperation will be subject to further discussions and agreement between the Parties.
ARTICLE 3
Each party is responsible for the costs incurred in carrying out exchanges and other cooperative activities under this MOU, unless otherwise agreed between the Parties.
ARTICLE 4
1
This MOU will come into effect on the date of signature. It will remain in effect for a period of five (5) years and thereafter be automatically renewed for successive periods of five (5) years, unless either party notifies the other in writing of its intention to terminate this Arrangement at least six (6) months prior to the expiration of this MOU.
ARTICLE 5
Each party shall designate a liaison officer to develop and coordinate specific activities or programs. The terms and necessary budget for each program and activity to be implemented under the term of this agreement shall be mutually discussed and agreed upon in writing by both Parties prior to the initiation of a particular program or activity, and such program and activity shall be negotiated on an annual basis.
ARTICLE 6
This MOU may be revised or modified by mutual consent of the Parties.
ARTICLE 7
The termination of this arrangement will not affect the duration and validity of any programs or activities which are in progress at the time of the notification of such termination.
This MOU is hereby signed by the mandates of the Parties.
Education Department New Taipei City Government, Republic of China (Taiwan)
By: Teng-Chiao Lin, Commissioner
Date: _______ _
2
Los Gatos-Saratoga Union High School District Board of Trustees Los Gatos, California (USA)
By: Katherine Tseng, Clerk of the Board
Date: ______ _
Los Gatos-Saratoga High School District 17421 Farley Road West • Los Gatos, California 95030
(408) 354-2520 • Fax (408) 354-4198
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
RESOLUTION NO. 13-06
BE IT RESOLVED
Al.4
GOVERNING BOARD
Cyn!hia Chang Douglas Ramezane
Rosemary Rossi Katherine Tseng
Michele van Zuiden
SUPERINTENDENT
Bob Mistele
That the Board of Trustees of the Los Gatos-Saratoga Joint Union High School District accepts with appreciation the donation from the Saratoga High School Foundation of $520,000.00 for the Saratoga High School Field Turf Project.
PASSED AND ADOPTED
This 10111 day of September 2013, at a Meeting of the Board of Trustees for the Los Gatos-Saratoga Joint Union High School District.
Clerk, Board of Trustees
AYES:
NOES:
ABSENT:
EXCELLENCE IN EDUCATION
Los Gatos High School Saratoga High School Adult Education Alternative Education
TO:
FROM:
SUBJECT:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
Adopt Resolution #13-04, Textbook/Instructional Materials Incentive Fund: Sufficiency Review, finding that the District is in compliance with Education Code 60119.
DISCUSSION
Education Code section 60119 requires, as a condition of receiving State funding for general instructional materials, that the Board of Trustees hold a public hearing annually to determine whether "each pupil in each school in the District has, or will have prior to the end ofthat fiscal year, sufficient textbooks or instructional materials, or both, in each subject that are consistent with the content of cycles of the curriculum framework adopted by the State Board."
Staff reports that the Board has adopted textbooks and authorized the purchase of instructional materials, which are consistent with the State curriculum standards and framework.
Board members are being asked to consider approving Resolution #13-04 Textbook/ Instructional Materials Incentive Fund: Sufficiency Review on September 10, 2013.
Public notice of the Resolution has been posted on August 30, 2013, 10 days prior to Board action.
PREPARED BY: Tom Woodruff, Ed.D.
Los Gatos-Saratoga Joint Union High School District Resolution #13-04
RESOLUTION REGARDING SUFFICIENCY OF TEXTBOOKS/INSTRUCTIONAL MATERIALS:
Whereas, the Governing Board of the Los Gatos-Saratoga Joint Union High School District, in order to comply with the requirements of Education Code Section 60119 held a public hearing on September 10, 2013 at seven o'clock, which is on or before the eighth week of school and which did not take place during or immediately following school hours, and;
Whereas, the Governing Board provided at least 10 days notice of the public hearing posted in at least three public places within the District that stated the time, place, and purpose of the hearing, and;
Whereas, the Governing Board encouraged participation by parents, teachers, members of the community, and bargaining unit leaders in the public hearing, and;
Whereas, information provided at the public hearing and to the Governing Board at the public meeting detailed the extent to which textbooks and instructional materials were provided to all students, including English learners, in the District, and;
Whereas, the definition of "sufficient textbooks or instructional materials" means that each pupil has a textbook or instructional materials, or both, to use in class and to take home, and;
Whereas, sufficient textbooks and instructional materials were provided to each student, including English learners, that are aligned to the academic content standards and consistent with the cycles and content of the curriculum frameworks in the following subjects:
• Mathematics
• Science • History-social science • English/language arts, including the English language development component of an adopted program
Whereas, sufficient textbooks or instructional materials were provided to each pupil enrolled in foreign language or health classes, and;
Whereas, laboratory science equipment was available for science laboratory classes offered in grades 9-12, inclusive;
Now, therefore be it resolved that for the 2013-14 school year, the Los Gatos-Saratoga High School District has provided each pupil with sufficient textbooks and instructional materials aligned to the academic content standards and consistent with the cycles and content of the curriculum frameworks.
PASSED AND ADOPTED by the Board of Trustees ofthe Los Gatos-Saratoga Joint Union High School District this 10th day of September 2013, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: ________________ _ Clerk/Secretary of the Governing Board of the
Los Gatos-Saratoga Joint Union High School District
TO:
FROM:
SUBJECT:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
Unaudited Financial Report, 2012-13
RECOMMENDATION:
DATE: September 10, 2013
ITEM NO. Al.6
Review and approve the 2012-13 unaudited actual financial report.
DISCUSSION
In August of each year, public school districts "close the books" on the prior year's financial records. The attached report shows the actual revenue, expenditures and changes in the fund balance for the 2012-13 school year. The unaudited actuals will be reported to the Santa Clara County Office of Education (SCCOE} and reflects the district's 4% reserve in the general fund.
A narrative is shown below comparing the June budget estimate and the actual income and expenses for the general fund. A spreadsheet analysis is provided as well.
Narrative of Changes-Estimated Actuals Versus Unaudited Actuals
INCOME Beginning Balance: An increase of $36,886 to record a restatement of accounts payable Revenue Limit Sources: An increase of $1,131,000 to record final property tax receipts, June disbursement of Educational Protection Act State Monies and one time RDA distribution. Federal Revenues: A decrease of $208,000 to record loss of Federal Jobs for Education Funds and Federal Sequestration Reductions. State Revenues: A decrease of $273,000 to record final fair share contribution to State Local Revenues: An increase of $745,000 to record income related to donations for instructional technology and facility improvement donations.
EXPENDITURES Certificated Salaries: A decrease of $398,000 for salary settlements rolled into 2013-14. Classified Salaries: An increase of $40,000 to record vacation payouts and end of year stipend adjustments Benefits: No material change Other Expenses: A total increase of $745,000 to record end of year purchases instructional technology and facility projects Transfers Out to Other Funds: An increase of $121,000 to record additional RDA one time monies distribution.
The information shown on the previous page and below is applicable to the district's general fund. The attached reports are filed with the state on approved software. All funds are included and all other district funds are shown. There are not any financial issues with any fund.
The last step in closing last year's books will occur when the district's independent auditor reviews all the financial information and closing accounting transactions and provides an independent audit opinion.
·.
201Z-13 Unaudited Actuals
As of:Septembef10,2013
1 Total Beginning Balance
2 Local Property Tax and Revenue Limit (EPA in 12-13)
15 Transfers In Other Funds Special Reserve 326,000 326,000 O
16 Transfers Out to Other Funds RDA Fund 216 (1,200,000) (1,321,000) (121,000)
17 7615 Def Maint (175,000) (175,000) O t--~~~~~~~~~~~~~~~~~~--1-~~-"-~-'-+-~-'--'-~.L....J-~~~~~-1
18 7616 Cafe Deficit/Healthy Foods (60,000) (60,000) o 1--~~~~~~~~~~~~~~~--"~~-+~-'--"-~-'-+-~-'--'-~.L....J-~~~~~-1
19 7619 Retiree Benefits (450,000) (450,000) O 1--~~~~~~~~~~~~~~~~~~--1-~~-"-~-'-+-~-'--'-~.L....J-~~~~~-1
20 Total Excess incld transfers out/over
21 Ending Balance ·
PREPARED BY: Tom Woodruff, Ed.D.
(1,042,310) (165,555)
1.'.$1:/r$01~:r2: ·r$~,~ti4~013. >
Lds Gatos-Saratoga Joint Union High Santa Clara County
Unaudited Actuals FINANCIAL REPORTS
2012-13 Unaudited Actuals School District Certification
UNAUDITED ACTUAL FINANCIAL REPORT:
To the County Superintendent of Schools:
2012-13 UNAUDITED ACTUAL FINANCIAL REPORT. This report was prepared in accordance with Education Code Section 41010 and is hereby approved and filed by the governing board of the school district pursuant to Education Code Section 42100.
Signed _________ _
Clerk/Secretary of the Governing Board
(Original signature required)
To the Superintendent of Public Instruction:
Date of Meeting: Sept. 10, 2013
2012-1.3 UNAUDITED ACTUAL FINANCIAL REPORT. This report has been verified for accuracy by the County Superintendent of Schools pursuant to Education Code Section 42100.
Signed _________ _
County Superintendent/Designee
(Original signature required}
Date: ------
For additional information on the unaudited actual reports, please contact:
Los Gatos-Saratoga Joint Union High Santa Clara County
A. PRIOR YEAR DATA (2011-12 Actual Appropriations Limit and Gann ADA
are from district's prior year Gann data reported to the COE)
1. FINAL PRIOR YEAR APPROPRIATIONS LIMIT
(Preload/Line D11, PY column) 2. PRIOR YEAR GANN ADA (Preload/Llne B9, PY column)
ADJUSTMENTS TO PRIOR YEAR LIMIT
3. District Lapses, Reorganizations and Other :rransfers 4. Temporary Voter Approved Increases 5. Less: Lapses of Voter Approved Increases 6. TOTAL ADJUSTMENTS TO PRIOR YEAR LIMIT
(Lines A3 plus A4 minus AS)
7. ADJUSTMENTS TO PRIOR YEAR ADA (Only for district lapses, reorganizations and
other transfers, and only if adjustments to the appropriations limit are entered in Line A3 above)
B. CURRENT YEAR GANN ADA (2012-13 data should tie to Principal Apportionment
Attendance Software reports)
L Total K-12 ADA (Fann A, Lines 10, 28, & 29) 2. RO.C/P ADA**
3. Total Charter Schools ADA (Fann A, Line 26) 4. Total Supplemental Instructional Hours-5. Divide Line B4 by 700 (Round to 2 decimal places) 6. TOTAL P2 ADA (Lines B1 through B3 plus 85)
OTHER ADA (From Principal Apportionment Attendance Software)
7. Apprentice Hours - High School 8. Divide Line B7 by 525 (Round to 2 decimal places) 9. TOTAL CURRENT YEAR GANN ADA
Los Gatos-Saratoga Joint Union High Santa Clara County
10. Adjustments to the Limit Per Government Code Section 7902.1
(Line D9d minus D4; if negative, then zero)
If not zero report amount to: Ana J. Matosantos, Director State Department of Finance Attention: School Gann Limits State Capitol, Room 1145 Sacramento, CA 95814
Summary 11. Adjusted Appropriations Limit
(Lines D4 plus P10) 12. Appropriations Subject to the Limit
(Line D9d)
Unaudited Actuals Fiscal Year 2012-13
School District Appropriations Limit Calculations
2012-13 Calculations
2013-14 Calculations
• Please provide below an explanation for each entry in the adjustments column. ** Impacted by the flexibility provisions of SBX3 4 (Chapter 12, Statutes of 2009), as amended by SB 70 (Chapter 7, Statutes of 2011 ). Amounts in Section C,
State Aid Received, can no longer be extracted and must be manually input into the Adjustments column.
Tom Woodruff Asst. Su t. Business 408 354-2520 ext. 227 Gann Contact Person Contact Phone Number
California Dept of Education SACS Financial Reporting Software - 2013.2.0 · File: gann-d (Rev 05/2212013) · ~·- ---- - Page 3 of 3
43 69534 0000000 Form GANN
Printed: 8/30/2013 1 :36 PM
TO:
FROM:
SUBJECT:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
Resolution #13-05, Recalculation of Gann Limit
RECOMMENDATION:
DATE: September 10, 2013
ITEM NO. Al. 7
Adopt Resolution #13-05, Recalculation of Gann Limit, providing public notice and declaring appropriations do not exceed the limitations imposed by Proposition 4.
BACKGROUND
The District is required by the State to perform Gann Limit calculations (see attached Unaudited Actuals) which indicate our compliance with the Gann Limit.
In 1979, Paul Gann continued the spirit of the "taxpayer's revolt" with his own initiative designed to limit the growth in government spending. This initiative, Proposition 4, did not require cuts in government spending, but rather limited the growth in government spending to be no faster than the growth in population and inflation.
This limit on government spending, which became known as Gann Appropriation Limits or simply Gann Limits, applies not only to the State of California, but also to cities, counties, and special districts, as well as to school districts and county offices of education.
The base year for Gann Limit calculations was 1978-79, the fiscal year before Proposition 4 was enacted. In each year since then, a school agency's Gann Limit is increased for both inflation and population. Inflation for these purposes is currently the annual percentage change in California per capita personal income. For school agencies, change in ADA is used as a measurement of the change in population. The District complies with the Gann Limit.
PREPARED BY: Tom Woodruff, Ed.D.
Los Gatos-Saratoga Joint Union High School District Resolution # 13-05
RESOLUTION FOR ADOPTING THE "GANN" LIMIT
WHEREAS, in November of 1979, the California electorate did adopt Proposition 4, commonly called the Gann Amendment, which added Article Xlll-B to the California Constitution; and,
WHEREAS, the provisions of that Article establish maximum appropriation limitations, commonly called "Gann Limits," for public agencies, including school districts; and,
WHEREAS, the District must establish a revised Gann limit for the 2012-13 fiscal year and a projected Gann Limit for the 2013-14 fiscal year in accordance with the provisions of Article Xlll-B and applicable statutory law; and,
WHEREAS, Government Code Section 7902.1 provides that school districts may increase their Gann Limits under specified circumstances;
NOW, THEREFORE, BE IT RESOLVED that this Board does provide public notice that the calculations and documentation of the Gann limits for the 2012-13 and 2013-14 fiscal years are made in accord with applicable constitutional and statutory law;
AND BE IT FURTHER RESOLVED that this Board does provide public notice that the calculations and documentation of the Gann Limits for the 2012-13 and 2013-14 fiscal years include an increase to the 2012-13 Gann Limit pursuant to the provisions of Government Code Section 7902.1;
AND BE IT FURTHER RESOLVED that the Superintendent notifies the Director of the State Department of Finance of the 2012-13 Gann Limit;
AND BE IT FURTHER RESOLVED that this Board does hereby declare that the appropriations in the Budget for the 2012-13 and 2013-14 fiscal years do not exceed the limitations imposed by Proposition 4;
AND BE IT FURTHER RESOLVED that the Superintendent provides copies of this resolution along with the calculations to interested citizens of this district.
PASSED AND ADOPTED by the Board of Trustees of the Los Gatos-Saratoga Joint Union High School District this 10th day of September 2013, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Clerk/Secretary of the Governing Board of the Los Gatos-Saratoga Joint Union High School District
TO:
FROM:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. Al.8
SUBJECT: Single Plan for Student Achievement (SPSA), Los Gatos High School
RECOMMENDATION:
Approve the SPSA for Los Gatos High School for the academic year, 2013-2014
DISCUSSION
A first reading of Los Gatos High School's SPSA was presented at the June 5, 2013 meeting of the Board of Trustees. Since then, revisions have been made and a final plan is being presented for approval this evening. This plan was approved by the LGHS School Site Council on September 4, 2013.
PREPARED BY: Markus Autrey
Los Gatos High School Single Plan for Student Achievement
2013-2014
District Long-Range Goal: Make learning more engaging, relevant, and effective.
Goal #1: Increase the percentage of students eligible for the UC/CSU systems. Cornerstone Asset #22: School Engagement & #12: School Boundaries #21: Achievement Motivation
• Groups Participating: Curriculum Council, Guidance Department, Staff • Means of Evaluation:
o UC/CSU eligibility percentages will increase by 4% from current percentage of78% by September 2014.
• Actions to be Taken: o Implement benchmark assessments in Algebra!, Geometry, English 9, and
World Languages 1 &2 and provide professional development time for data driven decision-making and curriculum revising.
o Research and examine effective uses of tutorial, including more targeted tutorials for freshmen through scheduled programming and student attendance sheets.
o Implement the Freshman Transition Plan and assess results via student and parent surveys.
o Increase implementation of project based learning, such as Advanced Science Research, Online Learning, New Tech Network, Project Lead the Way, and Big History.
o Plan and implement non-traditional programming including independent study options, tutorial, on-line learning in the LG Student Center.
• Start/Completion Date: May 2013 - June 2014 • Proposed Budget: $60,000 New Tech, $50,000 Project Lead the Way, $10,000 Big
History, $25,000 Student Center • Funding Source: NMF, Administrative fund (site), District
Goal #2: Increase Academic Performance Index (API) score by increasing California State Test scores
Cornerstone Asset #22: School Engagement & #12: School Boundaries & #21 Achievement Motivation
• Groups Participating: Staff, Curriculum Council • Means of Evaluation:
o 5-point improvement in API score from the 886 received in 2012-2013. o 10 percentage point improvement in Algebra 1 CST scores Proficient/ Advanced
from 2011-21012 (25%) received in the fall of 2012 for the 2012-2013 API testing year to be released in the fall of 2013; 5 percentage point improvement in Geometry CST scores Proficient/Advanced from 2011-2012 (63%) received in the fall of 2012 for the 2012-2013 API testing year to be released in the fall of 2013.
o 10-point improvement in Special Education sub-score from 2011-2012 received in the fall of 2012 for the 2012-2013 API testing year to be released in the fall of 2013 (598 API).
• Actions to be Taken: o Implement end of the year diagnostic tests for Algebra 1, Geometry, and Algebra
2 courses and review data to target areas of instructional focus. o Implement benchmark assessments in Algebral, Geometry, English 9, and World
Languages 1 &2 and provide professional development time for data driven decision-making and curriculum revising.
o Reorganize and align the English 9-11 curriculum and create common assessments based on Common Core Standards.
o Facilitate and develop a plan for Common Core implementation through Curriculum Council as we prepare for the assessments to occur in 2015.
o Implement and assess the efforts and programming of New Tech at LGHS. o Redesign Collaborative classes to incorporate more mainstreaming minimizing
Fundamental Classes from 14 to 6. • Start/Completion Date: May 2013 - June 2014 • Proposed Budget:
o $5,000 Title I Coordinator o $6,000 for English 9 redesign in Common Core
• Funding Source: Title II; Title I; EIA
District Long-Range Goal: Provide a stimulating working and learning environment
for students and staff.
Goal #3: Increase the quality of classroom instruction through staff collaboration and data analysis
Cornerstone Assets: #22: School Engagement, #12: School Boundaries #21: Achievement Motivation; #5: Caring School Climate
• Groups Participating: Curriculum Council, Department Chairs, Staff • Means of Evaluation:
o Development and publishing of a Staff Development Calendar for the 2013-2014 School Year for every six-week grading period incorporating an educational researched strategies focus.
o Development of teacher driven staff development opportunities each semester based on technology and classroom instruction.
o Staff feedback on the Professional Development opportunities implemented throughout the year.
o Implement, calendar, and collect data on Professional Development group opportunities around campus
o Explore and implement student feedback for teachers in all departments.
• Actions to be Taken: o Create a Professional Development Plan and Calendar for teaching staff that
focuses on staff collaboration, department collaboration, and professional development in technology, project based learning, and researched educational teaching strategies (Based on Teach Like a Champion by Doug Lemov.
o Develop and execute protocoled staff and collaboration meetings that are purposeful and goal oriented (based on The Power of Protocols by Joseph McDonald.
o Teachers will have opportunities be trained in AERIES Analytics or a similar data collection system.
o Through New Tech training and the Festival oflearning staff will explore new technological tools available to support learning and instruction.
o Department will set one departmental goal for implementing current best practices into the curriculum based SPSA and Project Cornerstone.
o Opportunity to administer 360 evaluations (surveys) to parents and students regarding classroom instruction.
• Start/Completion Date: May 2013 - June 2014 • Proposed Budget: $15,000 staff development workshops and materials • Funding Source: Title II
District Long-Range Goal: Increase "Student Connectedness"
Goal #4: Increase awareness and implementation of campus activities and programs based on Cornerstone Assets and Student Connectedness
Cornerstone Assets: #5: Caring School Climate #22: School Engagement, #26: Caring, #34: Cultural Competence
• Groups Participating: Staff, Cabinet, Curriculum Council, Guidance Department • Means of Evaluation:
o Administer Project Cornerstone Asset Survey o ASB leadership will survey the student body regarding the various activities
offered by the ASB class. o Calendar of events from the LGHS Community Forum consisting of
representatives from CASSY, Guidance, School Administration, CASA, Home & School Club, Parenting Continuum, and Peer-to-Peer Education focusing on the above stated Project Cornerstone assets.
o Design and create the Student Center with intentional spaces for student to work collaboratively, in quiet, and for various targeted purposes such as: credit recovery, tutoring, home and hospital care, etc.
• Actions to be Taken: o The Athletic Department will partner with the Activities Department and
implement new recognition programs highlighting various students and staff for epitomizing the Project Cornerstone Assets.
o LGHS Community Forum will meet 2 times per year to discuss goals, programming, needs, and direction.
o Research, collaborate, and pilot a freshman orientation and mentor programming that incorporates the identified Project Cornerstone assets.
o Explore and implement a targeted tutorial program for freshmen. o Explore methods to increase staff visibility and involvement around campus
during passing periods and breaks. o Hire a Student Center Coordinator and implement and design services to provide
for a variety of student needs in the library.
• Start/Completion Date: May 2013 - June 2014 • Proposed Budget: $5000 for staff requests and student needs, $25,000 District, Site,
NMF funds for Student Center • Funding Source: SIP, ASB
Project Cornerstone Asset List 2013-2014
Los Gatos High School
#5 - Caring School Climate
#12 - School Boundaries
#21 - Achievement Motivation
#22 - School Engagement
#36 - Caring
#34 - Cultural Competence
TO:
FROM:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES ACTION ITEM
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. Al.9
SUBJECT: Single Plan for Student Achievement (SPSA), Saratoga High School
RECOMMENDATION:
Approve the SPSA for Saratoga High School for the academic year, 2013-2014
DISCUSSION:
A first reading of Saratoga high School's SPSA was presented at the June 5, 2013 meeting of the Board of Trustees. Since then, revisions have been made and a final plan is being presented for approval this evening. This plan is scheduled for approval by the SHS School Site Council later
this month and will be a working document based on ongoing review of available data.
PREPARED BY: Paul Robinson
Saratoga High School Single Plan for Student Achievement
2013-2014
District Long-Range Goal: Make learning more engaging, relevant,
and effective.
Goal #1: Staff will implement best practices in instruction and assessment: including, but not limited to, differentiation of instructional activities and pre and post assessments for lessons, units and overall courses.
Groups Participating: Administration, Site Council Teachers, Department Chairs, and ALL staff
Actions to be Taken:
• Collaboration of departments and staff in the Common Core State Standards for Math and English Language Arts. Social Studies and Science departments to develop at least one academic unit utilizing CCSS for each semester. Math and ELA to continue developing units to meet CCSS for the year
• Use grade distribution and CST data to identify and provide support for struggling students by the end of the fall six week grading period
• Teachers to develop differentiated units, and implement pre and post assessments as a way of checking for understanding and planning future lessons per teacher observations/evaluations.
• Teachers to improve on providing timely feedback on homework, quizzes, and tests from 45% student agreement to 55% (According to the 2013 SSC Survey 66.4% of students agree that teachers provide timely feedback. 56.8% of parents agree. 64.3% of parents are satisfied with teachers' Aeries updates. 48% of the students are satisfied).
• Students to improve by 3% on CST scores in the proficient and advanced ranges for 9th Graders in Algebra 1 (Algebra 1 9111 grade students are a very small group, 32. That's less than half of the previous year. The percent of Proficient and Advanced students increased from 40% in 2012 to 47%in 2013), 10th Graders in Geometry (Geometry Advanced and Proficient lff" grade students dropped from 30% in 2012 to 18% in 2013), and 11th Graders in Algebra 2 (Algebra 2 Advanced and Proficient 11111 grade students dropped from 16% in 2012to11% in 2013)
Means of Evaluation: Teacher Goals and Evaluations, Staff Meeting agendas, Stakeholders Surveys, Collaboration/Staff Development agendas, reviewing the Single Plan for Student Achievement.
• Review of Staff Meeting and Staff Collaborations agendas by SSC • CST data on students' performance in Algebra 1, Geometry, and Algebra 2 • Grade distribution data • Teacher/Parent/Students Survey • Evaluation of all teacher goals and on cycle teacher evaluations
Start/Completion Date: May 2013 to June 2014 Proposed Budget: $10,000 Funding Source: Title II, Title V, and School Site Council
District Long-Range Goal: Increase "Student Connectedness"
Goal #2: Students will feel a stronger connection to SHS by being a part of and experiencing a more caring and respectful school community environment.
Groups Participating: Administration, Site Council Teachers, Department Chairs, and all staff.
Actions to be Taken: • Increase student and teacher participation in school spirit activities from 67% to 75% (Student Survey results
remained at 67%. No teacher results obtained) • Maintain changes that have improved school spirit in the rallies, Spirit Week, Homecoming, Leadership class, and
Spirit Club. (66% of students agree that these are positive events) • Educate students in time management techniques, project planning templates, and study skills by exploring
incorporation of these lessons within freshman curriculum. (58% of parents surveyed agreed that SHS helped heir student with time management strategies)
• Continue to collaborate with PTSO to bring in outside speakers to address bullying, stress management, crosscultural awareness.
• Deliver regular updates (using online updates as much as possible) to staff, students and parents on college application process and changes (67% of parents feel supported in the College Application process)
• Multiply CASSY support for classroom presentations, and schoolwide focus on student support (CASSY support has been more titan doubled for the 2013-2014 school year)
• Continue to train students in effective peer to peer support, Common Roots (46 students have been trained through Common Roots. Additional student trainings will begin in October)
Means of Evaluation:
• Teacher/Parent/Student Survey • Data from Spirit Commission surveys • Link Crew evaluations • Surveys from January Peer to Peer training • Project Cornerstone Survey to be administered in 2013-2014
District Long-Range Goal: Provide a stimulating working and learning
environment for students and staff.
SHS Goal #3: Students will achieve and maintain a balanced, healthy perspective regarding their academic decisions and their mental and physical needs.
Groups Participating: Administration, Site Council Team, Department Chairs, and all staff, students and parents.
Actions to be Taken:
• Improve the Freshmen Focus Program, which emphasizes study skills, time management, and assimilation during the first few weeks of high school by implementing more curricula throughout the year (28 teaclters volunteered to be Fresltmen Focus Advisors. Fresltmen Focus will meet once a montlt tltis year)
• Articulate with the middle school in the following areas: o Special Education o Athletics o Performing Arts o Academic o Curriculum o Guidance
• Coordinate cultural lunches with PTSO to build cultural understanding among teachers, students, and parents. • Implement increased services in support of student mental health.
o Increase from 47% to 55% the number of parents/students feeling supported by SHS staff (78% of students feel supported by SHS staff. 83% of parents feel comfortable approaclting stafj)
o Reduce the percentage of students feeling high stress from 52% to 45% (49% of students feel tlte stress level is NOT appropriate for tlte classes taken)
o Increase of CASSY services at Saratoga High (More titan doubled tlte /tours of support) o "QPR" (protocol for suicide assessment) training for parents and SHS staff (Tltree different trainings
already conducted. More are planned for tltis year) o Continue to grow/support Peer to Peer support training and services for students, Common Roots
Means of Evaluation:
• Student surveys • Cafeteria Sales data • Drug and alcohol suspension data • Number of students accessing on campus student services • Project Cornerstone Survey to be administered in 2013-2014 • Teacher/Parent/Students Survey Participation in Spirit activities is monitored here.
Start/Completion Date: May 2013 to June 2014 Proposed Budget: $5,000 Funding Source: SSC
District Long-Range Goal: Make learning more engaging,
relevant, and effective.
SHS Goal #4: Increase the ways that teachers deploy technology to improve student's achievement, specifically in the areas of communication and online research activities.
Groups Participating: Administration, Site Council Teachers, Department Chairs, and all staff, students and parents.
Actions to be Taken:
• Increase from 85% to 95% the Faculty commitment to update Aeries at least once every 3 weeks (89% of Teachers updated Aeries at least once every three weeks)
• Continue training for various applications (e.g. Doceri, Gmail, Google Docs, Khan Academy, et al.) • Increase the use of available research resources in the library that can enhance both teaching and learning • Establish protocols for the use of technology by students when conducting classroom projects and assignments • Train and implement the use of the iPad carts and students' own technology (smartphones) for the classroom • Increase the percentage of participation in Parent surveys from 26% to 40% (28% of Parents completed the
survey)
Means of Evaluation:
• Administration monitoring teachers posting assessment information every three weeks on Aeries • Administration monitoring teachers posting their assignments and calendars on SHS website • Purchase more online research resources for the library • Hard copies of revised protocols in departments • Teacher surveys about technology skills and assignments • Student survey questions dealing with technology in the classroom • Parent survey feedback on level of online communication from teachers • Evaluation of all teacher goals and on cycle teacher evaluations • Agendas from trainings and Collaboration days
Start/Completion Date: May 2013 to June 2014 Proposed Budget: $5,000 Funding Source: SSC
LGSUHSD Minutes - Regular Board Meeting (#1/13) August 13. 2013
LOS GATOS - SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES
Call to Order- 6:00 p.m. Ms. Rossi called the meeting to order and a quorum was established.
Approval of the Agenda
Public Concerns
Closed Session
Board Trustees Present:
• Ms. Cynthia Chang
• Mr. Douglas Ramezane
• Ms. Rosemary Rossi
• Ms. Katherine Tseng
• Ms. Michele van Zuiden
Board Secretary Present:
• Mr. Bob Mistele
Motion 1/13-1: By Ms. Chang~~~ll.secor,:i.depby Ms. van Zuig~D to approve the agenda, with ltemAl.5 removed. · · ' c- ,- '
'' ' . ~ "'.",· .. ,,"·
Motion Passed:. 5,-ci<
NO.PE:l .. :
·,tOdiscuss: EIJlployee Discipline/Dismissal/Release ding Litigation (Government Code 54956.9): One
President's Report·aa of~~ /Ms .. Rossi;{~pgrted that.th~;~pafd:r\iet in closed session and no action was taken. Closed SessJ,Q'n . ''' ·. ·.. ·;; < ''· . . · ;.,
Principal/Directhr ':'. comments to the Boa}d
Mr. Roz6Jnson, Sar~fgga High School, reported a successful Falcon Fest day where 1200 of the sphool's. l400 enrolled students picked up their schedules.
l·A' •
.. Mr. Autrelj/Los Gatos High School, reported a successful day one of two Wildcat di!y:S, nqtir{g;:the team effort to organize and implement; noted enrollment at 1812, reflepticig large freshman class.
CC.1
Ms. Bosco, Director Special Education and Student Services, noted the staff is excited to welcome 285 students with special needs and 20 students in the post-secondary program; announced the upcoming welcome and orientation for the post-secondary
program.
Superintendent's Report Mr. Mistele echoed the principals' excitement about having students back on campus and announced the upcoming district convocation on August 15th.
Public Concerns None at this time
1
LGSUHSD
Report/Discussion (RD)
RD.1 Los Gatos High School, School Resource Officer Report
Action Items
Al.1 Agreement: CSBA Agenda Online
Al.2 Resolution #13-01
Al.3 Resolution #13-02
Minutes - Regular Board Meeting (#1/13) August 13. 2013
Chief Scott Seaman and Officer Leyton Howard, LGPD, presented a summary of services provided for LGHS and its students: Officer Howard spends approximately 500 hours on campus, part of the total of 1800 hours of service to the school per year; responsibilities include report writing, home visits for chronically truant; noted 85% of time spent with students, maintaining visibility with CASSY, successfully monitoring lunch period at 7-11, minimizing discipline issues/disruptive activities. Chief Seaman noted relationship with the school began 20 years ago with DARE. Officer Howard commended for visibility and;!:>eing approachable; clarified that upcoming training will start with freshman and ~ophomores and grow to include all students and staff, including CASSY; np,tgdt¢am approach to cyber-bullying and
other safety issues; clarified that Plr~dJk;a:f~'included and that this can be expanded.
Noted video recording wi'ufib,btinue; paper packets will ~f:!1 provided; noted plan to implement this system for tli~:~&tober 15,~h board meeting: ,
0,,, • "<~t}:>., /<". ~
51 ) ··. > ,
Motion 1/13-2'~/B,M)YJ,s. Chang sec6nded by Ms. Tseng to approve the Agreement with CSBA for ohfi~e·,:~e1'(e,lopment a''rid:;J19sting of district board meeting materials
M~ti6'.rt''.~fl3-3: By Ms. van Zuiden seconded by Ms. Chang to adopt Resolution #13-02: Authorization to Execute, Approve and Sign Agreements/Contracts - as
amended
Roll Call Vote: Ayes: Trustees Chang, Ramezane, Rossi, Tseng, van Zuiden Noes: None Absent/ Abstaining: None
Motion passed: 5-0
2
LGSUHSD
Al.4 Change Order #1
Al.6 Agreement: De La Rosa &Co.
Minutes - Regular Board Meeting (#1/13) August 13. 2013
Clarification was provided that, if a change order exceeds 10% of the original bid, the board needs to adopt a finding that it wouldn't be appropriate for the work to be put out to bid, otherwise the district needs to start the bidding process again. However, all change orders, regardless of the amount, should be approved by the board; Dr. Woodruff noted some changes are the result of changes in law. Discussed Board Resolution to express appreciation to the SHS Foundation.
Motion 1/13-4: By Ms. Tseng seconded by Ms. Chang to ratify Change Order #1: Stadium Turf Replacement Project, SHS
Motion passed: 5-0
Dr. Woodruff noted this Agreement does·nbt'invoke an obligation to De La Rosa & Co.; it is a retainer with an expect~ti~.~'a't;;~ti~y would get the underwriting of the bond after a successful election;.n,ot.gct· Agreewerit can be terminated. Ms. Chang noted concerns about fee lang!]~g~, asking fornlcifr.e detail. Dr. Woodruff noted an Agreement to retain a finan.~i~(~dvisor will be brdug<l1t.to the September board meeting who will help to 'n,~g.9'.tiate the fee structure'; n:Oted needs assessment will size the bond amount and f~e,~;)Nill be subjec;t to further r'.i,e.~otiation; noted, by October, the board will know mbre:aboqf'fh~tsize of the bond; Mr. Mistele noted escape clause;r.Ms.van Zuiden note~.tHfs~is a "not to exceed"'Clause. <· ,',. ·.·,_·.
Motion 1/13-5: Bo/Ms.cW~tig seconded.pyTylr. Ramezane to approve the Agreement with D~''.~a>,~os'a &:~~Aqr inves:tir\e>nt banking services specific to a pqs$ible::General Oblfg~tion Bond·< .· ·,
Board Comm~p,~$Xt·> • ''t};~:· • ·fi'f:.:jfglag scll<;td}\s back in session and the SHS grounds look
Board Correspondence
Consent Calendar
\o\lt>)lliterf u I · · · · · · .• , - .. __ '}
· • Ms. VC\!l··~uiden - is E!idted for the new school year; noted recent territory ··~r;~nsfet·~~~i~[on. Mr. Mistele noted we will be bringing a resolution re: the ''('erritory Th:ipsf,er petition for board approval at the next board meeting
• M$. T;seng - is glad school is back; participated in the SHS Falcon Fest event
M~;.]~amezane -visited LGHS and toured the New Tech facilities; q;lfij·~ended Mr. Autrey and Ms. Grasty for their work.
t\li~;Rossi - toured the New Tech facility while under construction
• None
Item CC.9, CC.10. CC.15, CC.21, CC.22 were removed for separate consideration.
Motion 1/13-6: By Ms. van Zuiden seconded by Mr. Ramezane to approve the Consent Calendar as amended.
Motion passed: 5-0
• Minutes: Regular Meeting-June 18, 2013
• Certificated and classified personnel reports, August 13, 2013
3
LGSUHSD
CC.9
Agreement: Stern Speakers, LLC
CC.10
Notice of Completion -Thermal Solar Project
CC.15
Agreement: LGPD, for SRO Services
CC.21
• • • • • • • •
• • • • •
•
Minutes - Regular Board Meeting {#1/13)
Minutes: Special Meeting-June 24, 2013 Minutes: Special Meeting-July 8, 2013 Consolidated Funding Application, 2013-2014 Agreement: Jack Lucas - ISPE
Purchase Order Contracts/Bill Warrants-June 2013 Agreement: Kier and Wright, Inc. -Topographic study
Agreement: HMC Architecture - Construction administration and project close out
Agreement: Bruce Wellman - Facilitation for administrative team meeting Agreement: Atkinson, Andelson, Loya:, ~uud & Romo - Legal services Agreement: Patti Gregory-Administrator coaching
Agreement: Caitlin Tucker -Pt:esehtation during Festival of Learining
Agreement: Syserco -Ser~Jqeco~fr~ctJor building automation system at LGHS , / ..
. ... ,,
Purchase Order Contraets1Bill Warrants r~po,rt, July 2013
Ms. Chang requested a histiiry,9J convocatipn speakers; Ms, Rossi suggested this time be included in the Agend~Jdr the Board Retreat on .August 26.
'(·:,.··<\.. /<i::·~/ .;-;·, .:··· . ·:
( '
Motion 1/13-7:':' ~ :~~· v<\t~, .·' ",>,. ;'
· ',hg,ng secondec:tby-Ms. Tseng to approve the Agreement with '-..•"' .. ·-...,_ -. "
Stern Speakers, (
' ~<
z; rVfs: Chang ttian~ed Dr. WB~pt~ff'and Ms. Ror$Jbaugh {Innovative Energy Systems) for th~.ir efforts tl);ibsure the fffrjiQg of completion so the district is eligible to receive $2'3~,qpo frolh~b~ state. ·· ·
. l\1!ptio~;17taks: Ms. th~'fig~secdqded by Ms. Tseng to approve the Notice of Co,fhpletion, Thermal Solai-Pr0ject
Motioh;p~issed: S?:(>i 'i. . ,
Chief Seama:n.provided a detailed cost breakdown, noting it's a shared cost with the . :·~.own and .;;:. 1elementary district; noted costs up by 25% overall and include salary,
~~1teJit.~c .. , verhead. Mr. Ramezane noted that a uniformed officer increases st1.frl¢i\tts;a' ety and discourages outsiders coming onto campus; Mr. Autrey noted that 6lHcer Howard is a key partner in the efforts around student safety/health/wellness; Mr. Anderson noted the positive impact on Nova.
Motion 1/13-9: Ms. Chang seconded by Mr. Ramezane to approve the Agreement with LGPD for School Resource Officer Services
Motion passed: 5-0
Ms. Chang requested information about the selection process; Mr. Anderson noted process included a re-evaluation of PLATO, an examination of Independent Study, Nova, Credit Recovery needs; noted ODYSSEYWARE used by MVLA and FUHSD. Ms.
4
LGSUHSD
Agreement: ODYSSEYWARE Curriculum
CC.22 Agreement: Humboldt State University
Public Concerns
Adjournment
Minutes- Regular Board Meeting (#1/13) August 13. 2013
Tseng asked about the need to more technology; Mr. Anderson noted we buy "seats" - 30 at a time; noted use of Read180 for most students with IEP's
Motion 1/13-10: Ms. Chang seconded by Ms. Tseng to approve the Agreement: ODYSSEYWARE Curriculum - On line curriculum
Motion passed: 5-0
Ms. Chang wanted to confirm that the use of student teachers does not reduce quality of instruction; Mr. Anderson noted HR and principals monitor performance.
Motion 1/13-11: Ms. Chang seconded by:r,vir;>r~amezane to approve the Agreement with Humboldt State University for stuq~r:\'~~teachers
~:)<. ,'• / ',~
.. '-:..
Motion passed: 5-0
• None
The meeting was adjourned'cit?•?O p.m.
~.=.>;~.)·:;'
Approved and ord~f~~cl into procee~i~~}OJ the di~tf!et on September 10, 2013, Katherine Tseng{Clerk of the Board):
5
TO:
FROM:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. CC.2
SUBJECT: Human Resources: Certificated Appointments, Leaves, Resignations, Releases, Non-Reelects, Extra-Duty Recommendations and Certifications
RECOMMENDATION: Approve the following action for Certificated personnel:
Appointment/s Alison White, English Teacher, LGHS, increase in assignment from 0.6 FTE to 0.8 FTE
Temporary, effective 08/30/2013 through 06/06/2014 Jennifer Young, Mathematics Teacher, LGHS, increase in assignment from 0.6 FTE to 0.8 FTE
0.6 Prob 11/0.2 Temporary, effective 08/15/2013 through 06/06/2014
through 12/23/2013 Christie Dujmovic, Social Studies Teacher, LGHS, 20% Unpaid Leave, from 1.0 FTE to 0.8 FTE effective
from 08/15/2013 through 06/06/2014 Kathleen Palma, Science Teacher, LGHS, Pregnancy Disability Leave, effective from 11/14/2013
through 12/27 /2013
Extra Duty Recommendations Michael Boitz, Coach, Band - Camp Director, SHS, School Resources
Extra Duty Certifications Rafael Alapont-Betancourt, Coach, Girls Varsity Waterpolo, SHS, Cleared on 08/17 /13 Michael Boitz, Coach, Band - Camp Director, SHS, Cleared on 08/26/13 Courtney Crase, Coach, Boys Varsity Waterpolo, SHS, Cleared on 08/28/13 Tim Lugo, Coach, Varsity Football, SHS, Cleared on 08/12/13
Substitute Teachers for 2013-2014 John Cruze Karen Marisa Flynn Josh Henig Marc Leone Sarah Michelet Vincent Ng
LGSUHSD, CE Consent Agenda, 09/10/2013
Substitute Teachers for 2013-2014 (Cont.)
Vincent Ojeda
Delynne O'Toole
Purna Rustin
Joshua Schelhorse
Georgia Schultz
Ian Solomon
Caroline Underwood
PREPARED BY: Dee Towner
Page-2-
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
DATE: September 10, 2013
ITEM NO. CC.3
TO: Members, Board of Trustees
FROM: Bob Mistele, Superintendent
SUBJECT: Human Resources: Classified Appointments, Leaves, Resignations, Extra-Duty
Recommendations and Certifications
RECOMMENDATION:
Approve the following action for Classified personnel:
Retirement/s Linda Greely, Account Technician II, 1.0 FTE, DO, retirement effective 10/31/2013
Extra Duty Recommendations Akhilesh Aji, Asst. Coach, JV Field Hockey, SHS, School Resources Aileen Chan, Asst. Coach, Girls Varsity Tennis, LGHS, School Resources
Erik Eastland, Asst. Coach, Varsity Football, LGHS, School Resources William Holland, Asst. Coach, JV Football, LGHS, Volunteer Jennifer Miller, Asst. Coach, Varsity Field Hockey, SHS, Volunteer Kohei Mizushima, Coach, Band - Percussion, SHS, School Resources
Tien Nguyen, Coach, Band - Percussion, SHS, School Resources Kyra Pelayo, Asst. Coach, Girls JV Volleyball, LGHS, Volunteer Chad Purcell, Asst. Coach, Varsity Football, LGHS, School Resources Eric Rowell, Asst. Coach, Girls Varsity Volleyball, LGHS, Volunteer Beau Schuster, Coach, Boys Varsity Water Polo, LGHS, Category A
Robert Schweitzer, Asst. Coach, JV Football, LGHS, Volunteer
Extra Duty Certifications
Susannah Ahmad, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 George Appleton, Coach, Girls Varsity Water Polo, LGHS, Cleared on 08/21/13 Lael Beer, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Jason Cardoso, Coach, Girls JV Volleyball, SHS, Cleared on 08/23/13
LGSUHSD, CL Consent Agenda, 09/10/2013
Extra Duty Certifications, (Cont.) Ryan Carothers, Extra Duty, Student Teacher, SHS, Cleared on 08/14/13 Randi Chen, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Jonathan Chui, Asst. Coach, Girls Varsity Tennis, SHS, Cleared on 08/28/13
Heather Filuk, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Alexis Gast, Asst. Coach, Girls JV Tennis, SHS, Cleared on 08/23/13 Raymond Gani, Asst. Coach, Varsity Football, SHS, Cleared on 08/28/13
Page-2-
Sharon Gordon, Coach, Band - Color Guard,.... Caption Head, LGHS, Cleared on 08/23/13 Sharon Gordon, Coach, Band - Color Guard, LGHS, Cleared on 08/23/13 Lois Grant-Schultz, Contractor, District Nurse, Cleared on 08/16/13 Dale Gustafson, Asst. Coach, Varsity Football, LGHS, Cleared on 08/13/13 Louise Hall, Asst. Coach, Girls Golf, SHS, Cleared on 08/21/13 Takako Hasegawa, Coach, Band - Music, SHS, Cleared on 09/03/13 Carole Hendrix, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Pamela Herman, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Mark Hernandez, Asst. Coach, Boys Varsity Water Polo, SHS, Cleared on 08/29/13 Brandon Hussey, Coach, Band - Percussion, SHS, Cleared on 08/19/13 Lifon Hyunh, Coach, Varsity Field Hockey, SHS, Cleared on 08/12/13 Christie Kelly, Contractor, CASSY, LGHS/SHS, Cleared on 08/20/13 Jason Landis, Asst. Coach, Track & Field, LGHS, Cleared on 08/26/13 Xiaojie Li, Student Teacher, SHS, Cleared on 08/16/13 Archie Ljepava, Asst. Coach, JV Football, SHS, Cleared on 08/08/13 Paul Lynch, Coach, Band - Marching, SHS, Cleared on 08/29/13 Jayme Mahoney, Contractor, CASSY, LGHS/SHS, Cleared on 08/20/13 Pamela Maker, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Florin Marica, Coach, Girls Varsity Tennis, SHS, Cleared on 08/23/13 Steve Martinez, Coach, Band - Battery Percussion Head, LGHS, Cleared on 08/19/13 Nicole McClelland, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Lisa Miller, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Ruth Mistry, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Tien Ngyuen, Coach, Band - Percussion, SHS, Cleared on 08/26/13 Sydney Ogborn, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Christopher Olds, Student Teacher, LGHS, Cleared on 08/27 /13 Vincent Oliver, Coach, Band - Program Coordinator, LGHS, Cleared on 08/27 /13
Vincent Oliver, Coach, Band - Concert Percussion, LGHS, Cleared on 08/27 /13 Vincent Oliver, Coach, Band - Marching Percussion, SHS, Cleared on 08/27 /13 Joe Ripp, Coach, Girls Varsity Volleyball, LGHS, Cleared on 08/15/13 Molly Rizal, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Heather Sexton, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Manuel Soria Jr., Asst. Coach, Varsity Football, LGHS, Cleared on 08/13/13 Daniel Sullivan, Asst. Coach, Varsity Football, LGHS, Cleared on 09/03/13 Patti Van Der Burg, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13 Travis Vernon, Coach, Band - Marching, SHS, Cleared on 09/04/13 Alan Vinciguerra, Coach, JV Football, SHS, Cleared on 08/28/13 Jessica Wang, Contractor, CASSY, LGHS/SHS, Cleared on 08/23/13 Linda Williams, Extra Duty, Parent Volunteer, LGHS, Cleared on 08/28/13
PREPARED BY: Dee Towner
LGSUHSD
Call to Order - 12:30 p.m.
Minutes - Board Retreat (#0-13) August 27, 2013
LOS GATOS - SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES
Ms. Chang called the meeting to order and a quorum was established.
Board Trustees Present:
• Ms. Cynthia Chang
• Mr. Douglas Ramezane
• Ms. Rosemary Rossi
• Ms. Michele van Zuiden
• Dr. Lorrie Wernick
Board Secretary Present:
• Mr. Bob Mistele ' '. ,/_,
CC.4
Approval of the Agenda Motion 0/13-1: By Ms. Chartg)nd seconde,e;l by Ms. va1YiZ:4!den to approve the agenda ·. v · · ·. i ·· .. ·
Public Concerns
Closed Session
Report out of Ch:>S~~ Session
Governance
'',.,_,.,
(; . )
Motion Passedr·.5~0 ...
None
.The.board rhet in close~':$e,ssiont.~;.giscussEmploy~e Discipline/Dismissal/Release '(:?5overnment,Code 5495i);P~ncifhg Litigationf(Government Code 54956.9); and Real
RfQ;p<;!rty Acq~lSition (Gover:pment Code 54956.8) : 116 New York Avenue, Los Gatos
Ms. Rossi re;p&J'ted.thaHhe bo'ahhmet in closed session and no action was taken , . ' . ., ""': : ~~; ' . \
'
Facilit'~ted by cC>6$ultant Patti Gregory, the board discussed various topics related to governarice, revie\.\(edt.he Governance Handbook, including the shared commitments to creatirilih~nd sustaini~g a positive governance culture. In addition, the board will
, review exi~l]lg protocols to facilitate Governance Leadership and provide feedback . ';h;:i,~he Ba<'!fl~i?resident/Superintendent for further updating of the Governance
Pl 'db ·Rv~'J .~Ji) 9.~ . :•6
Convocation - Purposes/ The board discussed next steps in the planning of the convocation and future district
Goals/Process events; discussed the role and effectiveness of a convocation speaker.
Public Concerns • None
Adjournment The meeting was adjourned at 5:10 p.m.
1
LGSUHSD Minutes - Board Retreat (#0-13) August 27, 2013
Respectfully submitted, Bob Mistele (Secretary of the Board): ----------------
Approved and ordered into proceedings of the District on September 10, 2013, Katherine Tseng (Clerk of the Board):
2
TO:
FROM:
SUBJECT:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
Peninsula Sports, Inc.
RECOMMENDATION:
DATE: September 10, 2013
ITEM NO. CC.5
Authorize the Assistant Superintendent, Administrative Services/CBO to approve the Agreement between the District and Peninsula Sports, Inc for officiating services for Los Gatos and Saratoga High School athletic programs.
DISCUSSION
Last year, the Santa Clara Valley Athletic League awarded the officiating contract to Peninsula Sports and the Board approved a five year Agreement. Peninsula Sports voided the five year Agreement, possible per the terms of the Agreement, due to an unavoidable increase in service cost. The proposed Agreement for the 2013-14 school year, reflects recent negotiations with the vendor.
Name of Organization: Peninsula Sports, Inc.
Description of Services: Officiating services for Los Gatos and Saratoga High School athletic programs.
Date(s) of Service/Schedule: The term of this Agreement is August 1, 2013 through July 31, 2014.
Cost of Services: The Agreement provides that Peninsula Sports would provide officiating services at a fixed rate of $225 per team, per level, per sport. There are 57 games per year between the two sites for an annual cost of $12,825. The cost is split between the two sites, extra-curricular activities. Last year's rate was $200 per team, per level, per sport for an annual cost of $11,400.
PREPARED BY: Tom Woodruff
INDEPENDENT CONTRACTING AGREEMENT TO PROVIDE SPORTS OFFICIALS
High Schools belonging to the Blossom Valley Athletic League, referred to as CONTRACTING PARTY, and PENINSULA SPORTS INC., referred to as INDEPENDENT CONTRACTOR, agree:
INDEPENDENT CONTRACTOR shall perform the following services for CONTRACTING PARTY:
Provide Sports Officials to sporting events submitted to Peninsula Sports Inc., and approved by both parties.
Peninsula Sports Inc., will provide services to the BVAL schools at the fixed rate of $225 per team, per level, per sport. The rate of $225 dollars will be charged for each sport, each team and each level of play regardless of whether or not these teams play at home or away.
There will be no charge for any league tournament or end of year tournament. Any tournament held off the campus of a school lasting more than one day must be negotiated in advance with Peninsula Sports. Any tournament consisting of more than fifty (50) games must be negotiated in advance with Peninsula Sports.
The term of this Agreement is August 1, 2013 through July 31, 2014.
Payment for services rendered by Peninsula Sports will be as follows. Invoices for Peninsula Sports Administrative fees are due upon receipt. Payment for actual official game fees will be issued after master schedules have been loaded into the on-line Arbiter software and approved by the Athletic Directors. Invoices for games fees are due no later than September 15, November 15 and February 15. If payment is not received, Peninsula Sports may exercise its right to discontinue providing referees until the outstanding invoice is paid in full.
Contracting Party may terminate this contract on 14 days notice to Independent Contractor for unsatisfactory performance. Peninsula Sports will recruit, train and certify all officials in accordance with the CIF guidelines. Peninsula Sports will maintain its accreditation with the CIF. Peninsula Sports will process payroll, follow current tax requirements (1099 MISC) and maintain proper records of the same.
THIS IS AN AGREEMENT FOR INDEPENDENT CONTRACTING SERVICES. THE CONTRACTING PARTY PROVIDES NO BENEFITS SUCH AS UNEMPLOYMENT INSURANCE, HEALTH INSURANCE OR WORKER'S COMPENSATION INSURANCE TO THE INDEPENDENT CONTRACTOR.
CONTRACTING PARTY IS ONLY INTERESTED IN THE RESULTS OBTAINED BY THE INDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL TOOLS AND MATERIALS REQUIRED FOR PERFORMANCE OF THE TASKS AGREED TO.
INDEPENDENT CONTRACTOR IS RESPONSIBLE FOR PAYMENT OF ALL FEDERAL, STATE AND LOCAL INCOME TAXES.
Dated: September 10, 2013
Schools or District authorizing agent and title:
1. Los Gatos-Saratoga High School District
Name of Authorizing Agent for the school (please print)
Tom Woodruff, Ed.D., Assistant Superintendent/CEO
SIGNATURE OF CONTRACTING PARTY DATE
Mark Risley, President/CEO Peninsula Sports, Inc.
INDEPENDENT CONTRACTOR/PENINSULA SPORTS, INC. DATE
TO:
FROM:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO.
CC.6
SUBJECT: Quarterly Report on Williams Uniform Complaints, July 2013
RECOMMENDATION
Approve quarterly report on Williams Uniform Complaints as of July 2013 (April -June), as submitted.
DISCUSSION
As specified by the Williams settlement, schools are required to submit a quarterly Williams Uniform Complaint report to the county superintendent and the District Board on the nature and resolution of the type of complaints specified. Boards must consider the report at a regularly scheduled board meeting quarterly.
There have been no complaints filed pursuant to the Williams Uniform Complaint process in the District during the quarter, April - June 2013.
PREPARED BY: Tom Woodruff, Ed.D.
Valenzuela/CAHSEE Lawsuit Settlement Quarterly Report on Williams Uniform Complaints
[Education Code§ 35186(d)]
District: Los Gatos-.Saratoga Joint Union High School District Person completing this form: Pola Michelle Alas Title: Admin Asst., Business Services
Quarterly Report Submission Date: (check one)
D 0 D D
April 2013 (January-March) July 2013 (April-June) October 2013 (July- September) January 2014 (October- December)
Date for information to be reported publicly at governing board meeting: September 10, 2013.
Please check the box that applies:
0 No complaints were filed with any school in the district during the quarter indicated above.
D Complaints were filed with schools in the district during the quarter indicated above. The following chart summarizes the nature and resolution of these complaints.
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
DATE: September 10, 2013
ITEM NO. CC.7
TO: Members, Board of Trustees
FROM: Bob Mistele, Superintendent
SUBJECT: California Property Record Systems - Inventory Services
RECOMMENDATION:
Authorize the Assistant Superintendent, Administrative Services/CBO to approve the Agreement between the District and California Property Record Systems (CPRS) to maintain and update District inventory master files and generate reports of all District owned facilities.
DISCUSSION
A physical inventory of the District's equipment is taken every two years in order to meet GASB 34 audit requirements.
California Ed Code, Section 41010, requires school districts to follow the California School Accounting Manual (CSAM) published by the California Department of Education (CDE). The CDE recommends that a physical inventory ofthe District's property and equipment be taken at least annually. CPRS conducted the last inventory in January 2011.
Name of Organization: California Property Record Systems (CPRS).
Description of Services: Maintain and update District inventory master files and generate reports of all District owned facilities.
Date(s) of Service/Schedule: The term of this Agreement is for fiscal year 2013-14 ending June
30, 2014.
Cost of Services: The cost for CPRS to maintain the inventory master file is $1500. The funds are budgeted in the District's business operations program.
PREPARED BY: Tom Woodruff, Ed.D.
AGREEMENT FOR EDUCATIONAL SERVICES
THIS AGREEMENT is made this 20th day of August 2013, between CALIFORNIA PROPERTY RECORD SYSTEMS, hereinafter call the CONSULTANT and the LOS GATOS SARATOGA JUHSD, hereinafter called the DISTRICT.
The CONSULTANT agrees to perform/provide for the DISTRICT the following services:
Yr 2013/2014: CPRS will provide access to web based fixed asset manager for the period ending June 30, 2014 for the cost of$1550.00.
*Software access will be billed at execution of the contract
The CPRS Equipment Inventory System will put the DISTRICT in compliance with the California State Education Code, GAAP and GASB Statement 34 accounting and reporting requirements. The DISTRICT will be invoiced after the completion of each of the above services. The CONSULTANT agrees to provide Insurance covering the above services provided by CONSULTANT under this agreement, to selfinsure such services. CONSULTANT also agrees to hold harmless and indemnify the DISTRICT, its officers, agents and employees with respect to all damages, costs, expenses or claims, in law or in equity arising or asserted because of injuries to or death of persons or damage to, destruction, loss or theft of property arising out of faulty performance of the services to be performed by CONSULT ANT hereunder, and CONSULT ANT agrees to defend any and all actions, suits or other legal proceedings at CONSULTANT's own expense, cost, risk, that may be brought or instituted against the DISTRICT, its officers, agents and employees, or any such claim or demand and pay or satisfy any final judgment or award against the DISTRICT, it's officers, agents or employees in any such action, suit or legal proceeding. It is expressly understood and agreed to by both parties hereto that the CONSULT ANT, while engaged in carrying out and complying with any of the terms and conditions of this contract, is an independent contractor and is not an officer, agent or employee of the aforesaid DISTRICT.
IN WITNESS WHEREOF, said parties have executed this agreement as of the date first above written.
DISTRICT
Ta M \r)o o d (tU\-; 1-:r Name
Title
~1 ~~,.···~
Signature
P.O. Box 2197 Los Gatos, CA 95031 • Ph. 408.354.1952 Fx. 408.493.4597
TO:
FROM:
SUBJECT:
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
Agreement - New Teacher Center
RECOMMENDATION:
DATE: September 10, 2013
ITEM NO: CC.8
Approve the "Agreement" between the District and the New Teacher Center to provide coaching services.
DISCUSSION
Name of Contractor/Consultant: New Teacher Center
Description of Services: Provide Administrator Coaching Services to the following: Amy Drolette, Kerry Mohnike, Kevin Rogers
Date(s) of Service/Schedule: From July 1, 2013 to June 30, 2014
Cost of Services: $4,250 per administrator for a maximum of $12, 750.00.
PREPARED BY: Dee Towner
Exhibit A· Los Gatos-Saratoga Joint Union High School District
August 29, 2013
Los Gatos-Saratoga Joint Union High School District Jeff Anderson, Assistant Superintendent, HR 17421 Farley Road West Los Gatos, CA 95030 [email protected] 408.402.6303
Scope of Wqrk Effective 7 /1/13 through 6/30/14
New Teacher Center
The following wii.1 be participating in the 2013-2014 New Administrator Program (NAP) that serves first and second-year school administrators. The New Teacher Center is pleased and excited to continue offering new administrators the opportunity to be coached by an experienced school administrator. New participants will be assigned a coach whose experience most closely matches the coachee's needs. In most cases, continuing administrators will work with the coach assigned 'to him or her last year.
School Participant Coach Coach Phone
The annual fee for each NAP participant is $4,250.
Total NAP Fees for 3 Participants is $12,750.
Coach Email
725 Front Street, Suite 400 Santa Cruz, CA 95060 T. 831.600.2200 F. 831.427.9017 www.newteachercenher.org
If your districts' needs have changed since our last communication, please do not hesitate to contact me to discuss ways in which the New Teacher Center can support you. I look forward to hearing from you.
Sincer.ely,
Betsy Warren
New Teacher Center, New Administrator Program School Leadership Development
Betsy Warren will serve as the NTC's primary point of contact for the implementation of this agreement. Please contact Besty Warren at [email protected], if you have questions.
For questions regarding the coordination or logistics of the professional development, please contact Christi Voenell at (831) 600-2267 or [email protected].
For payment or billing questions, please contact Pixan Serna at (831) 600-2273 or [email protected]
For other questions related to your contract, please contact Linda Pol at (831) 600-2258 or [email protected]. ·
725 Front Street, Suite 400 Santa Cruz, CA 95060 T. 831.600.2200 F. 831.427.9017 . www.newteachercenter.org
NEW TEACHER CENTER SERVICES AGREEMENT
New Teacher Center
This Services Agreement ("Agreement") is effective upon a fully executed contract being in place ("Effective Date") by and between New Teacher Center, a California public benefit corporation ("NTC") and Los GatosSaratoga Joint Union High School District (Client").
WHEREAS, NTC offers K-12 induction and professional development services for new teachers and school administrators, and Client desires to obtain these services from NTC.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. SERVICES AND FEES
1.1 Services. NTC shall provide Client with the Services as identified in Exhibit A ("Services"). Such fees do not include taxes or duties. ·
1.2 Fees and Payment. Client shall pay to NTC the fees as set forth in Exhibit A. All payments made pursuant to this Agreement or any addenda hereto shall be payable in U.S. currency.
2. OWNERSHIP
2.1 Materials. All content, visual interfaces, information, data, graphics, designs, compilations, products, software, records, reports, documents, booklets, guides, modules, training modules, resource and instructional guides, know-how and such other writings, recordings and all other elements provided by NTC, regardless of form (i.e., whether video, paper, electronic or otherwise), and whether tangible or intangible, whether previously established by NTC or created or produced for the first time by NTC in the performance of its obligations pursuant to this Agreement ("Materials"), are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. NTC retains and shall own all right, title and interest in and to all Materials. If at any time Client acquires any rights, title or interest in the intellectual property rights relating to the. Materials, Client hereby irrevocably transfers, conveys and assigns to NTC all of its right, title and interest therein. Client shall execute such documents, render such assistance, and take such other action as NTC may reasonably request, at NTC's expense, to apply for, register, perfect, confirm and protect NTC's rights to all intellectual property rights relating to the Materials.
2.2 Other Organizations. Client acknowledges that NTC provides K-12 teacher and administrator induction and professional development services in other locations throughout the country, and that such services are similar to the services NTC will provide pursuant to this Agreement; and, further, that such services NTC provides elsewhere result in the preparation of materials that may be similar to those Materials provided pursuant to this Agreement. ·
2.3 License Grant for Training Contracts. Client acknowledges that the Services and Materials · provided under this Agreement are proprietary to NTC, its subsidiaries, and/or its affiliates and that no Materials shall be deemed a work for hire. NTC hereby grants to Client a non-transferable, non-exclusive license to use, copy and distribute Materials to its employees only and only for Client's internal training purposes. For clarity, Client shall not and shall ensure that its employees shall not (i) independently present the Materials in a module, academy, workshop or similar training environment without NTC's prior written consent; or (ii) use the Materials for commercial purposes or make any derivative works of or otherwise modify the Materials. Other than as expressly set forth in this Agreement, no license or other rights in such intellectual property are granted to Client, and all such rights are hereby expressly reserved by NTC. Client shall not obscure or remove any copyright,
trademark or other proprietary-rights' notices and shall reproduce all such notices on any authorized copies of Materials.
2.4 Trademarks. The Services or Materials may include NTC's trademarks, trade names, logos and other proprietary notices (the "NTC Marks"). NTC hereby grants to Client a limited, non-exclusive, nontransferable license, with no right to sub license, to display the NTC Marks on Client's websites. Any display of the NTC Marks is subject to the NTC's trademark usage guidelines, as may be provided by NTC in writing to Client from time to time. Any goodwill generated through use of the NTC Marks is owned by and will inure to the benefit ofNTC. NTC may use Client's name in connection with NTC's general marketing materials.
3. CONFIDENTIAL INFORMATION
3.l Non-Disclosure of Confidential Information. Neither NTC nor Client shall disclose to any third party any confidential or proprietary information, including without limitation employee and student data, financial data and mailing lists, product plans and strategies, technical data and research, know-how, and customer and related information which the disclosing party considers to be confidential ("Confidential Information"), for any purpose other than performance of the Services, without first having obtained the prior written consent of the other party. Both parties shall take reasonable measures to protect the secrecy of and to avoid the unauthorized use and disclosure of the Confidential Information of the other party. For clarity, Client's name and general information about the scope of Services provided hereunder are not considered Confidential Information.
3.2 . Exceptions. Notwithstanding the foregoing, Confidential Information shall not be deemed to . include information if: (i) it was already known to the receiving party (without improper conduct or breach of an obligation) prior to disclosure to the receiving party by the disclosing party, as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; or (v) it has been independently developed by a party without access to the Confidential Information of the other party.
4. DISCLAIMERS
4.1 No Warranties. THE MATERIALS AND SERVICES ARE PROVIDED TO CLIENT ON AN "AS IS" BASIS. NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO PRODUCTS, SPECIFICATIONS, SUPPORT, SERVICE OR ANY OTHER MATERIALS PROVIDED HEREUNDER. BOTH PARTIES SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND MERCHANT ABILITY.
4.2 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE SHALL NTC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OF PROFITS OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF NTC OR NTC' S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF NTC TO ANY PERSON ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, INCLUDING BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT THEORY, EXCE~D THE TOTAL AMOUNTS.PAID TO NTC PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.
725 Front Street. Suite 400 Santa Cruz, CA 95060 l 831.600.2200 F. 831.427.9017 w;·1w newleilchercenter.org
5. INSURANCE
NTC will maintain insurance in accordance with the following amounts: Commercial General Liability: $1~000,000 per occurrence $2,000,000 limit in the aggregate;
Commercial Automobile Liability: $ 1,000,000 combined single limit per accident; and Worker's Compensation: Coverage in place as per legal requirements in employee's state of employment.
6. INDEMNIFICATION
6.1 NTC's Obligation. NTC shall indemnify, and hold Client, its officers, employees, and agents harmless from and against liability, loss, expense (including reasonable attorneys' fees) or damages for which Client is liable, except that NTC's obligation hereunder is only in proportion to and to the extent such liability, loss, expense or damages are caused by the negligence or willful misconduct ofNTC, its officers, employees, or agents.
6.2 Client's Obligation. Client shall indemnify, and hold NTC, its officers, employees, and agents harmless from and against liability, loss, expense (including reasonable attorneys' fees) or damages for which NTC is liable, except that Client's obligation hereunder is only in proportion to and to the extent such liability, loss, expense or damages are caused by the negligence or willful misconduct of Client, its officers, employees, or agents.
7. TERM AND TERMINATION
7. I Term. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for the period specified in Exhibit A ("Initial Term"), unless earlier terminated in accordance with the terms and conditions of this Agreement. Thereafter, the parties may mutually"agree in writing to renew this Agreement for additional terms as agreed upon by both parties (each a "Renewal Term," and collectively with t\le Initial Term, the "Term").
· 7.2 Termination. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice in advance ofa scheduled service date, or prior to its expiration and upon thirty (30) days prior written notice if: (a) a party breaches any material term (including any payment terms) of this Agreement and the breaching party has not cured the breach within such thirty (30) day period; or (b) a party is the subject of a liquidation or insolvency, or the filing of bankruptcy, or similar proceeding(s) (provided that in the case of involuntary proceedings, such proceedings are not dismissed within sixty (60) days of filing).
7 .3 Accrued Obligations. Expiration or termination of this Agreement for any reason shall not release either party hereto from any obligation or liabilitY which, at the time of such expiration or termination, has already accrued to the other party or which is attributable to a period prior to such expiration or termination, including without limitation all payment obligations incurred prior to the effective date of such termination or expiration, nor preclude either party from pursuing all rights or remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement. ·
7.4 Survival. Sections 2 (Ownership), 3 (Confidential Information), 4 (Disclaimers), 7.3 (Accrued Obligations), and 8 (Miscellaneous) shall survive termination or expiration of this Agreement.
8. MISCELLANEOUS
8.1 Notice. Any notice, approval, consent, acceptance, request, bill, demand, or statement hereunder from either party to the other shall be in writing and shall be·deemed given when deposited with the United States Postal Service in a postage pre-paid envelope sent regular mail or delivered by hand from one party to the other with an appropriate receipt obtained, addressed as follows:
725 Front Street, Suite 400 Santa Cruz, CA 95060 T. 831.600.2200 F. 831.427.9017 www 11ewte,ichercenter.or\J
To: New Teacher Center 725 Front Street, Suite 400 Santa Cruz, CA 95060 Attention: Sue Perkins, CFO 831-600-2229
To: Los Gatos-Saratoga Joint Union High School District 17421 Farley Road West Los Gatos, CA 95030 Attention: Jeff Anderson 408-402-6303
8.2 Modifications, Amendments and Waivers. This Agreement may not be modified or amended, including by custom, usage of trade, or course of dealing, except by an instrument in writing signed by duly authorized employees of both of the parties hereto. The failure of either party to exercise or enforce any right or provision of this Agreement wi'll not constitute a waiver of such right or provision. Changes to dates of services and additions to services which increase or decrease the not to exceed amount of the Agreement by no more than 20% as per Exhibit A may be effected upon written notice signed by both parties.
8.3 Severabilitv. If a court ofcompetent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid, in Whole or in part for any reason, each party agrees that such provision shall be enforced to the maximum extent permissible so as to give the fullest effect to the intention of the parties when executing this Agreement, while complying with applicable laws or stricken if not so conformable, so as not to affect the validity or enforceability of the remainder of this Agreement.
8.4 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereunder. Neither party may assign its rights and obligations hereunder without written consent of the other party.
8.5 Independent Contractor. NTC is an independent contractor. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever, and shall have no right to create or assume any obligation of any kind, express or implied, for or on behalfofthe other party in any way whatsoever. This Agreement will not create or be deemed to create or imply any relationship between the parties in the nature of any joint venture, employer/employee, principal/agent or partnership.
8.6 Force Majeure. Neither party hereto shall be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond the reasonable
. control of such party. In the event that a force majeure event should obstruct performance of this Agreement for more than thirty (30) calendar days, the parties hereto shall consult with each other to determine whether this Agreement should be modified or terminated.
8.7 Third-Party Beneficiary. Nothing in this Agreement is intended to make any person or entity not a signatory to the Agreement a third-party beneficiary of any right created by the Agreement or by operation of law. ·
8.8 Governing Law. This Agreement shall be governed by and interpreted in accordance with the law of the State of California without regard to any principles of conflicts of law. The parties agree to submit to the venue and jurisdiction of the City and County of San Francisco or the Northern District of California.
8.9 Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
725 Front Street. Suite 400 Santa Cruz. CA 95060 T 831.600.2200 F. 831.427.9017 wv1w n,;wte,1.~hercenter.ors1
8.10 Entire Agreement. This Agreement represents the entire Agreement between the parties and supersedes any prior oral or written understandings with respect to the Services. This Agreement may only be amended by an agreement signed in writing by all of the parties hereto.
8.11 Counterparts. This agreement may be executed in one or more counterparts each of which shall constitute an original, and all such counterparts shall constitute one and the same agreement.
8.12 Signatures. Contract signatures below are considered authorized by the Client and NTC and relied upon to constitute a fully executed contract.
In witness whereof, the parties have executed this Agreement, as of the Effective Date.
NEW TEACHER CENTER CLIENT
By:
Title: Chief Financial Officer Title:
Date: ------=-i-/ CC_' "'~\17,__ __ . /
Date: ___________ _
TO:
FROM:
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. CC.9
SUBJECT: Individual Service Agreement/Master Contract - The Bay School
RECOMMENDATION:
Approve renewal of an "Individual Service Agreement/Master Contract" for Non-Public
School/ Agency Services Agreement between the Los Gatos-Saratoga Union High School District and
The Bay School for three Special Education students in the District.
DISCUSSION
Name of Contractor/Consultant: The Bay School
Description of Services: Educational services to be provided as outlined in student's IEP.
Date(s) of Service/Schedule: Contract is for the academic year 2013-14, and can be terminated at any
time if the students are able to return to our campuses.
Cost of Services:
• Basic Education Program: $220.00 per day
o Student 1- 224 days= $49,280.00 O Student 2-110 days= $24,200.00 (Student2willexitDecember2013,serviceswillendatthattime)
o Student 3 - 229 days = $50,380.00 • Speech therapy: $90 per hour
o Student 1 - 39 hours/yr= $3,510.00 O Student 2 - 23 hours/yr= $2,070.00 (Student 2 will exit December 2013, services will end at that time)
o Student 3 - 49 hours/yr= $4,410.00 • 1:1 Aide: $35 per hour
o Student 1- 1,400 hours/yr= $49,000.00 O Student 2 - 632.5 hours/yr= $22,137.50 (Student 2 will exit December 2013, services will end atthat time)
o Student 3 -1,431 hours/yr= $50,085.00 Maximum cost not to exceed $255,072.50
PREPARED BY: Carrie Bosco
t'.
SANTA CLARA COUNTY SELPAs INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN
SCHOOL/AGENCY SERVICES I' I. ... I ii_ • . I I (Education Code Sections 56365, 56366, et seq.) ::::rr lA ~ -r
NAME OF LOCAL EDUCATION AGENCY ("LEA"): Los Gatos-Saratoga Union High School District
NAME OF NONPUBLIC SCHOOL/AGENCY ("NPS/NPA"): --=T=h=e-=B=a+-y=S=ch=o=o-=-1 ________________ _
PUPIL NAME: GENDER: [gj M 0 F (Last) (First) (Middle)
ADDRESS: JM••l!!!!!!IJllL_=--------- CITY: JllJ!l!!!!M~!!:__ _____ STATE: _.ml!!!!~ ZIP: f rnez
ADDRESS: __________________ CITY: _________ STATE: ZIP: ___ _ (If different from pupil)
CON1RACT TERMS:
1. The pupil's teacher/service provider holds the following [gjcredential [gjlicense Owaiver Opermit
(Specify type, e.g. LH, SH, Clinical Rehab) ___________________________ _
If waiver/permit: Name ofSupervisor ________________ ~-'='C,_,re.,,d,..en""'ti,...al,,.,H""e""ld""'---------
2. The NPS/NP A will provide the district with a copy of their State Department Certification.
3. The class size for the pupil will not exceed ---~ and/or the therapist/pupil ratio will be ---·· If applicable, group size shall not exceed _____ _
4. The length of the instructional day will be consistent with the Master Contract ("Agreement") unless otherwise specified. (No~public school only)
5. Authorized educational services as specified in ¢e Individualized Education Program ("IBP") shall be provided by the CONTRACTOR up to the amount specified. Failure to implement the services as specified on the IBP and contained within the Agreement shall reduce LEA's payment obligation to Contractor in the amount necessary to secure the appropriate designated instructional service for student not originally provided as agreed upon between Contractor and LEA.
6. Subject to the performance of this ISA, LEA will pay CONTRACTOR agreed upon rate per unit as defined in the Agreement.
7. CON1RACTOR will provide written progress reports to the Office of Special Education before each grading period.
8. Payment will be made for services provided Monday through Friday, only, based on hourly rates and attendance, as per the LEA calendar, dated: July 1, 2013.
9. Other Provisions (attachments as necessary): District ofresidence will provide transportation.
PUPIL NAME:
INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES
(Education Code Sections 56365, 56366, et seq.)
• (Last) (First)
A. BASIC EDUCATION PROGRAM (Applies to NPS only)
(Middle)
Number of Days 224 X per Diem $220.00 =TOTAL BASIC EDUCATION COSTS (A) $49,280 (Include extended school year days as appropriate to the pupil's IBP).
B. DESIGNATED INSTRUCTION AND SERVICES/RELATED SERVICES: TOTAL
SERVICE PROVIDER MINUTES PER Freq Duration Start WEEK/ HOURLY DAILY
Date OR SESSION
1. Adapted PE
2. Aide Support 6.25 1,400
9/16/13 1,875 min/wk $35.00 hrs/day hrs
3. Counseling
4. OT
5. PT
6. Speech/Language 60
39hrs 9/16/13 60mins/wk $90.00 min/wk
7. Transportation
8. Other
9. Other
MAXIMUM TOTAL RELATED SERVICES COST (B) MAXIMUM TOTAL BASIC EDUCATION AND RELATED SERVICES COSTS (A+B)
COST PER SESSION
WEEKLY IND IV
$ 52,510.00 $101,790.00
GROUP
MAX TOTAL COST FOR
CONTRACT PERIOD
$49,000
$3,510
All terms and conditions of the current Agreement for NPS/NPA Service(s) previously executed by the parties hereto are incorporated herein by reference. The CONTRACTOR will implement the IBP in accordance with this ISA and the Agreement, and will request an IBP review prior to any change in the service(s).
The parties hereto have executed this contract by and through their duly authorized agents or representatives. This contract is effective on September 16, 2013 and terminates at 5:00 p.m. on June 30, 2014 unless sooner terminated as provided herein.
LEA
(Signature)
(Type or Print Name)
Los Gatos-Saratoga Union High School District (Name of LEA)
17421 Farley Road West (Mailing Address)
Los Gatos, CA 95030 (City, State, Zip Code)
(Signature)
Debra Blair (Type or Print Name)
The Bay School (Name ofNPS!NP A)
1026 Capitola Road (Mailing Address)
Santa Cruz, CA 95062 (City, State, Zip Code)
c \, _ l -·
SANTA CLARA COUNTY SELPAs INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN
SCHOOL/AGENCY SERVICES (Education Code Sections 56365, 56366, et seq.)
NAME OF LOCAL EDUCATION AGENCY ("LEA"): Los Gatos-Saratoga Union High School District
NAME OF NONPUBLIC SCHOOL/AGENCY ("NPS/NPA"): ---=T=h=e--=B=a'-'-y-"'S~c=ho=o=l _________________ _
ADDRESS:-------------,-,-------- CITY: __________ STATE: ZIP: ___ _ (If different from pupil)
CONTRACT TERMS:
1. The pupil's teacher/service provider holds the following r2Jcredential [2]1icense Dwaiver Opermit
(Specify type, e.g. LH, SH, Clinical Rehab) ______________________________ _
If waiver/permit: Name of Supervisor ___________________ C=r~e=de=n=t1=·a~l H=el=d'"------------
2. The NPS/NPA will provide the district with a copy of their State Department Certification.
3. The class size for the pupil will not exceed----~ and/or the therapist/pupil ratio will be---·· If applicable, group siz:; shall not exceed _____ _
4. The length of the instructional day will be consistent with the Master Contract ("Agreement") unless otherwise specified. (Nonpublic school only)
5. Authorized educational services as specified in the Individualized Education Program ("IBP") shall be provided by the CONTRACTOR up to the amount specified. Failure to implement the services as specified on the IBP and contained within the Agreement shall reduce LEA's payment obligation to Contractor in the amount necessary to secure the appropriate designated instructional service for student not originally provided as agreed upon between Contractor and LEA.
6. Subject to the pe1formance of this ISA, LEA will pay CONTRACTOR agreed upon rate per unit as defined in the Agreement.
7. CONTRACTOR will provide written progress reports to the Office of Special Education on a Quarterly basis.
8. Payment will be made for services provided Monday through Friday, only, based on hourly rates and attendance, as per the LEA calendar, dated: July 1, 2013 to December 20, 2013.
9. Other Provisions (attachments as necessary):----------------------------
4/12/06
PUPIL NAME:
INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN SCHOOL/ AGENCY SERVICES
(Last)
(Education Code Sections 56365, 56366, et seq.)
---•----(First)
A. BASIC EDUCATION PROGRAM (Applies to NPS only)
(Middle)
Number of Days 110 X per Diem $220.00 =TOTAL BASIC ~DUCATION COSTS (A) $24,200 (Include extended school ye~ days as appropriate to the pupil's IEP).
B. DESIGNATED INSTRUCTION AND SERVICES/RELATED SERVICES: TOTAL
SERVICE PROVIDER MINUTES PER Freq Duration Start WEEK/ HOURLY DAILY
Date OR SESSION
1. Adapted PE
2. Aide Support 5.75 632.5
7/1/13 $35.00 hrs/day hrs
3. Counseling
4. OT
5. PT
6. Speech/Language 60 23 hrs 7/1/13 $90.00 min/wk
7. Transportation
8. Other
9. Other
MAXIMUM TOTAL RELATED SERVICES COST (B) MAXIMUM TOTAL BASIC EDUCATION AND RELATED SERVICES COSTS (A+B)
COST PER SESSION
WEEKLY IND IV
$ 24,207.50 $ 48,407.50
GROUP
MAX TOTAL COST FOR
CONTRACT PERIOD
$22,137.50
$2,070.00
All terms and conditions of the current Agreement for NPS/NPA Service(s) previously executed by the patties hereto are incorporated herein by reference. The CONTRACTOR will implement the IEP in accordance with this ISA and the Agreement, and will request an IEP review prior to any change in the service(s).
The patties hereto have executed this contract by and through their duly authorized agents or representatives. This contract is effective on ____l!!ly_L 2013 and terminates at 5:00 p.m. on December 20, 2013 unless sooner terminated as provided herein.
LEA
(Signature)
(Type or Print Name)
Los Gatos-Saratoga Union High School District (Name of LEA)
17421 Farley Road West (Mailing Address)
Los Gatos CA 95030 (City, State, Zip Code)
4/12/06
C~Nfl'ACTOR
~s~,, (Signature)
t0D \Q \?:J \_ C(t( (Type or Print Name)
(Name ofNPS A)
1026 Copifo(C\,Roo.d (Mailing Address)
~Y\~°' (yui_, CA q $0 b' 2.. (City, State, Zip Code)
SANTA CLARA COUNTY SELPAs INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN
SCHOOL/AGENCY SERVICES (Education Code Sections 56365, 56366, et seq.)
NAME OF LOCAL EDUCATION AGENCY ("LEA"): Los Gatos-Saratoga Union High School District
NAME OF NONPUBLIC SCHOOL/AGENCY ("NPS/NPA"): _T_h_e_B_a~y_S_c_ho_o_l _________________ _
PUPIL NAME: GENDER: ~ M 0 F (Last) (First) (Middle)
ADDRESS:------------------ CITY: __________ STATE:' ZIP:-·-·--(If different from pupil)
CONTRACT TERMS:
1. The pupil's teacher/service provider holds the following ~credential ~license Owaiver Opermit
(Specify type, e.g. LH, SH, Clinical Rehab) ______________________________ _
If waiver/permit: Name of Supervisor --------------------'C=r=e=de=n=t1=·a~l H=el=d"---------
2. The NPS/NP A will provide the district with a copy of their State Department Certification.
3. The class size for the pupil will not exceed _____ , and/or the therapist/pupil ratio will be ___ . If applicable, group size shall not exceed _____ _
4. The length of the instructional day will be consistent with the Master Contract ("Agreement") unless otherwise specified. (Nonpublic school only)
5. Authorized educational services as specified in the Individualized Education Program ("IBP") shall be provided by the CONTRACTOR up to the amount specified. Failure to implement the services as specified on the IBP and contained within the Agreement shall reduce J~. ~ '.\.'s payment obligation to Contractor in the amount necessary to secure the appropriate designated .instructional service for student nc'· :;,·iginally provided as agreed upon between Contractor and LEA.
6. Subject to the performance of this ISA, LEA will pay CONTRACTOR agreed upon rate per unit as defined in the Agreement.
7. CONTRACTOR will provide written progress reports to the Office of Special Education before each grading period.
8. Payment will be made for services provided Monday through Friday, only, based on hourly rates and attendance, as per the LEA calendar, dated: July 1, 2013.
9. Other Provisions (attachments as necessary): District of residence will provide transportation.
'')
).L'j ,\'
PUPIL NAME:
INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN SCHOOL/ AGENCY SERVICES
(Education Code Sections 56365, 56366, et seq.)
(Last) (First)
A. BASIC EDUCATION PROGRAM (Applies to NPS only)
(Middle)
Number ofDays 229 X per Diem $220.00 =TOTAL BASIC EDUCATION COSTS (A) $50,380.00 (Include extended school year days as appropriate to the pupil's IBP).
B. DESIGNATED INSTRUCTION AND SERVICES/RELATED SERVICES: TOTAL COST PER SESSION MAX TOTAL
SERVICE PROVIDER MINUTES PER COST FOR Freq Duration Start WEEK/ HOURLY DAILY WEEKLY IND IV GROUP CONTRACT
MAXIMUM TOTAL RELATED SERVICES COST (B) MAXIMUM TOTAL BASIC EDUCATION AND RELATED SERVICES COSTS (A+B)
s; 61,loi. '75 $ 111,54 I. 75
G-f 1 t-' ~ , oO ~ lll1S-3'f I ()Q r
All terms and conditions of the current Agreement for NPS/NPA Service(s) previously executed by the parties hereto are incorporated herein by reference. The CONTRACTOR will implement the IBP in accordance with this ISA and the Agreement, and will request an IBP review prior to any change in the service(s).
The paities hereto have executed this contract by and through their duly authorized agents or representatives. This contract is effective on Ju_lyJ __ 1
2013 and terminates at 5:00 p.m. on June 30, 2014 unless sooner terminated as provided herein.
LEA
(Signature)
(Type or Print Name)
Los Gatos-Saratoga Union High School District (Name of LEA)
17421 Farley Road West (Mailing Address)
Los Gatos CA 95030 (City, State, Zip Code)
(Signature)
(Type or Print Name)
(Name ofNPS )
1026 (qp;+o~o- Koctd (Mailing Address)
SQ\'\ ta. Cv-u-z._, c A Cl S 0 6 2.. (City, State, Zip Code)
SANTA CLARA COUNTY SELPAs MASTER CONTRACT
FOR NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES 2013-2014
THIS MASTER CONTRACT (contract) is made and entered into this 26th day of August, 2013, between the Los Gatos-Saratoga Union High School District, County of Santa Clara, hereinafter referred to as the "LEA" and The Bay School, hereinafter refened to as "CONTRACTOR'' for the purpose of providing special education and/or related services to individuals with disabilities under the authorization of Education Code Sections 56157, and 56365-56366.7. It is understood that this Contract does not commit LEA to payment for special education and related services provided to any individual unless and until an Individual Service Agreement (ISA) for Nonpublic, Nonsectarian School/Agency (NPS/NPA) Services is executed between LEA and CONTRACTOR on behalf of such individual or interim telephone approval is given to the CONTRACTOR by a representative of LEA.
WITNESSETH:
Whereas, LEA has detennined that the need for such services exists;
Whereas, CONTRACTOR is a 1ionpublic nonsectarian school or agency holding all required certificates and licenses; and
Whereas, that CONTRACTOR is capable of and willing to provide such services.
A cunent copy of California Department of Education NPS/NP A ce1iification is attached. If certification expires during Contract period, CONTRACTOR must provide an updated copy.
In consideration of mutual promises contained herein, it is mutually agreed between the paiiies as follows:
I. GENERAL PROVISIONS
1. INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN SCHOOL/ AGENCY SERVICES
An Individual Services Agreement (ISA) for Nonpublic, Nonsectarian School/ Agency (NPS/NP A) Services shall be a paii of this Master Contract, which CONTRACTOR will be required to execute with LEA with respect to each pupil for whom CONTRACTOR is to provide special education and/or designated instruction and services. Each pupil's Individual Services Agreement (ISA) shall identify the provider of each service required by the pupil's IEP/IFSP (CCR 3062(e)). Individual Services Agreements shall only be issued for those pupils enrolled with the approval of the LEA. CONTRACTOR is responsible for providing those services, which it has agreed to provide for each individual pupil in that pupil's ISA, unless mutually agreed upon otherwise. Individual Services Agreements are null and void upon temtlnation of the Master Contract.
The Individual Services Agreement may be terminated by the LEA or the CONTRACTOR for cause, as set forth in EC section 56366 (a) ( 4), with twenty (20) days written notice. The ISA may be tenninated without advance notice if both parties agree to do so in writing.
2. TERM
SELP A District Master Contract 2013"2014 3
62. PAYMENT UNIT-NONPUBLIC SCHOOL ONLY
A unit of service for payment purposes is one day of attendance or app01iiomnent absence as defined in California Education Code 46010. LEA shall not be responsible for payment of services for days on which a pupil's attendance or absence does not qualify for Average Daily Attendance (ADA) reimbursement under state law. Per Diem rates for pupils whose IEP/IFSP's authorize less than full instructional day may be adjusted on a pro rata basis in accordance with the actual proportion of the school day serviced.
CONTRACTOR shall notify LEA when Medi-Cal is billed for educationally related expenses.
63. PAYMENT UNIT-NONPUBLIC AGENCY ONLY
A unit of service for payment purposes is one hour of related service. LEA shall not be responsible for payment of services for days on which a pupil's attendance does not qualify for Average Daily Attendance (ADA) reimbursement under state law.
64. RATE SCHEDULE
The CONTRACTOR agrees to apply the same rate for the entire fiscal year. Education service(s) and/or related services offered by CONTRACTOR in accordance with the IEP/IFSP and the charges for such
· ser:vice(s) during the tem1 of this Agreement shall be as follows:
A. Nonpublic School only Rate Period (specify)
Basic Education Program $220.00
B. Designated Instruction and Service and/or Other Related Services
(1) Adapted Physical Education
(2) Behavior Intervention Services
(3) Day Treatment Services
(4) Language/Speech Therapy/Group $90.00
(5) Language/Speech Therapy/In.div.
(6) Mental Health
a) Counseling/Group
b) Counseling/Individual
c) Counseling and Guidance
(7) Occupational Therapy
(8) One-on-One Aide
(9) Parent Com1seling
(10) Physical Therapy
(11) Psychological Services
(12) Residential Treatment Services
(13) Social Work Services
(14) Transportation (if required)
(15) Other:
65. PAYMENT DEMAND
~~~~~~~~~
$35.00
per
per
per
per
per hour
per
per
per
per
per
per
per hour
per
per
per
per
per
per
per
Day
If a pupil is enrolled in an NPS/NP A, with the approval of the LEA, prior to agreement to a contract or ISA, the LEA shall issue a warrant for services for up to 90 days during which time the contract shall be consummated. If after 60 dayKthe Master Contract has not been finalized, either party may appeal to the
SELP A District Master Contract2013-20l4·-.. ·- - .. - · -2 l
70. DEBARMENT CERTIFICATION
By signmg this agreement, CONTRACTOR certifies that:
(a) CONTRACTOR and any of its shareholders, partners, or executive officers are not presently debaned, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, and
(b) Has/have not, within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for: c01m1tlssion of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfomling a Federal, state or local govennnent contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forge1y, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise crintlnally or civilly charged by a Govennnent entity with, commission of any of these offenses.
The parties hereto have executed this Master Contract by and tlrrough their duly authorized agents or representatives.
CONTRACTOR
Los Gatos-Saratoga Union High School District Name ofNonpublic, Nonsectarian School/ Agency Authorized Representative/School District
Contracting Officer's Signature Signature
Bob Mistele, Superintendent (Type) Name and Title (Type) Name and Title
Date Date
SELPA District Master Contract1013-2014··· · --····:- · --'·· ··24.
TO:
FROM:
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. CC.10
SUBJECT: Individual Service Agreement/Master Contract - Coryell Autism Center
RECOMMENDATION:
Approve renewal of an "Individual Service Agreement/Master Contract" for Non-Public School/ Agency Services Agreement between the Los Gatos-Saratoga Union High School District and Coryell Autism Center for a student in the District.
DISCUSSION
Name of Contractor/Consultant: Coryell Autism Center
Description of Services: Due to the student's unique needs for educational, behavioral and therapeutic services as mandated in the IEP, we are unable to provide an appropriate educational setting at our comprehensive campuses at this time. A program in a non-residential, non public school setting is more appropriate.
Date(s) of Service/Schedule: Contract is for July-September only of the academic year 2013-14. As of September 16, 2013 student is transitioning to The Bay School per the students IEP.
Cost of Services:
• Educational: $220.00 per diem o 45 days {9 school weeks) = $9,900.00
• Speech & Language Consult: $110.00/hr o 1 X /wk for 60 mins for 9 wks = $990.00
• Speech & Language: $110.00/hr o 1 X wk for 60 mins for 9 wks at = $990.00
• Aide support: $218. 75/day: o daily for 45 days= $9,843.75
• Behavior support: $150.00/hr. o 5 hrs/wk for 9 wks, totaling $6.750.00
PREPARED BY: Carrie Bosco Maximum cost not to exceed $28,473.75
SANTA CLARA COUNTY SELPAs INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN
SCHOOL/AGENCY SERVICES (Education Code Sections 56365, 56366, et seq.)
NAME OF WCAL EDUCATION AGENCY ("LEA"): _Los Gtos-Saratoga Union High School District~------------
NAME OF NONPUBLIC SCHOOUAGENCY ("NPS/NPA"): _Coryell Autism Center _________________ _
PUPIL NAME: GENDERliiiil. D (Last) (First) (Middle)
ADDRESS: c. I ST.A:II .
PUPIL TELEPHONE NuMBE DOBPMJ[ • a PUPIL ID/SS NUMBER: GRADE:
Ifwaiver/pennit: Name of Supervisor __________________ Credential Held _______ _
2. The NPS/NP A will provide the district with a copy of their State Department Certification.
3. The class size for the pupil will not exceed _____ , and/or the therapist/pupil ratio will be ____ . If applicable, group size shall not exceed _____ _
4. The length of the instructional day will be consistent with the Master Contract ("Agreement") unless otherwise specified. (Nonpublic school only)
5: Authorized educational services as specified in the Individualized Education Program ("IEP") shall be provided by the CONTRACTOR up to the amount specified. Failure to implement the set-vices as specified on the IEP and contained within the Agreement shall reduce LEA's payment obligation to Contractor in the amount necessary to secure the appropriate designated instructional service for student not originally provided as agreed upon between Contractor and LEA
6. Subject to the performance of this ISA, LEA will pay CONTRACTOR agreed upon rate per unit as defined in the Agreement.
7. CONTRACTOR will provide written progress reports to the Office of Special Education quarterly.
8. Payment will be made for services provided Monday through Friday, only, based on hourly rates and attendance, as per the LEA calendar, dated: _June 10, 2013 _____ _
9. Other Provisions (attachments as necessary):-------------------------------
05/22/2012
INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC NONSECTARIAN SCHOOUAGl:.'NCY SERVICES
(Education Code Sections 56365, 56366, et seq.)
PUPIL NAME: T (First) <, ,..... +- l ''.) (Middle) .L\~:S de<..<..{~
.Ju lcl (5 _. -Y-' tJ u-> t A. BAsrr EDUCATION PROORAM (Applies to NPS on1y) :j; 1 . .--4----Numbcr of Days ~1.5 X Per Diem $_220 ___ = TOTAL BASIC EDUCATION COSTS (A)$~ q t']()Q (Include extended school year days as appropriate to the pupil's JEP).
B. DESIGNATED INSTRllCTION AND SERVICES/RELATED SERVICES: TOTAL COST PER SESSION MAX TOTAi.
SERVICE PROVIDER MtNUTES COST FOR Freq Duration Start Dute PER WEEK/ HOURLY DAILY WEEKLY INDTV GROUP CONTRACT
OR SESSION PERIOD
I. Adapicd PE A\ ,,,{ -"" :.. Ai<k Sup)q_r1 • oa1ly 6.25 hrs 711/13 'l /b~•~z\O' $35.0() -~ f
'J-{j 1 + 75.15 i\11 tc11ns and mnditions of !he current Agreement for NPS/NPA Service(s) previously executed by the parties hereto, arc incorporated herein by reference. The CONTRACTOR will implement the IEP in accordance with this ISA and the Agreement, and will request an IEP review prior. to any change in the scr:vicc(s).
"111e parties hereto lum: executed this contract by and through their duly authorized agents or representatives. This contract is effective on __ 07 /0I/13 and terminates at 5t00 p.m. on _06/30114 unless sooner terminated as provided herein.
LEA
(Signature)
(Type or Print Name) _Lisa Hyde ___________ _ (Type or Print Name)
(Name of LEA) _Coryell Autism Center _______ _ (Name ofNPS/NPA)
(Mailing Address) 111 Errett Circle ________ _
(Mailing Address)
Santa Cruz. CA 95060 (City. State, Zip Code) (City, State, Zip Code) --------
05f22f2012
SANTA CLARA COUNTY SELPAs MASTER CONTRACT
FOR NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES 2013-2014
THIS MASTER CONTRACT (contract) is made and entered into this 26th day of August, 2013, between the Los Gatos-Saratoga Union High School District, County of Santa Clara, hereinafter referred to as the "LEA" and Coryell Autism Center, hereinafter referred to as "CONTRACTOR" for the purpose of providing special education and/or related services to individuals with disabilities under the authorization of Education Code Sections 56157, and 56365-56366.7. It is understood that this Contract does not connnit LEA to payment for special education and related services provided to any individual unless and until an Individual Service Agreement (ISA) for Nonpublic, Nonsectarian School/Agency (NPS/NP A) Services is executed between LEA and CONTRACTOR on behalf of such individual or interim telephone approval is given to the CONTRACTOR by a representative of LEA.
WITNESSETH:
Whereas, LEA has detemiined that the need for such services exists;
Whereas, CONTRACTOR is a nonpublic nonsectarian school or agency holding all required certificates and licenses; and
Whereas, that CONTRACTOR is capable of and willing to provide such services.
A current copy of California Depaitment of Education NPS/NP A certification is attached. If certification expires during Contract period, CONTRACTOR must provide an updated copy.
In consideration of mutual promises contained herein, it is mutually agreed between the parties as follows:
I. GENERAL PROVISIONS
1. INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES
An Individual Services Agreement (ISA) for Nonpublic, Nonsectarian School/Agency (NPS/NP A) Services shall be a part of this Master Contract, which CONTRACTOR will be required to execute with LEA with respect to each pupil for whom CONTRACTOR is to provide special education and/or designated instruction and services. Each pupil's Individual Services Agreement (ISA) shall identify the provider of each service required by the pupil's IEP/IFSP (CCR 3062(e)). Individual Services Agreements shall only be issued for those pupils enrolled with the approval of the LEA. CONTRACTOR is responsible for providing those services, which it has agreed to provide for each individual pupil in that pupil's ISA, unless mutually agreed upon otherwise. Individual Services Agreements are null and void upon temlination of the Master Contract.
The Individual Services Agreement may be terminated by the LEA or the CONTRACTOR for cause, as set forth in EC section 56366 (a) (4), with twenty (20) days written notice. The ISA may be terminated without advance notice if both parties agree to do so in writing.
SELPA District Master Contract 2013-2014 3
62. PAYMENT UNIT-NONPUBLIC SCHOOL ONLY
A unit of service for payment purposes is one day of attendance or apportionment absence as defined in California Education Code 46010. LEA shall not be responsible for payment of services for days on which a pupil's attendance or absence does not qualify for Average Daily Attendance (ADA) reimbursement under state law. Per Diem rates for pupils whose IEP/IFSP's authorize less than full instructional day may be adjusted on a pro rata basis in accordance with the actual proportion of the school day serviced.
CONTRACTOR shall notify LEA when Medi-Cal is billed for educationally related expenses.
63. PAYMENT UNIT-NONPUBLIC AGENCY ONLY
A unit of service for payment purposes is one hour of related service. LEA shall not be responsible for payment of services for days on which a pupil's attendance does not qualify for Average Daily Attendance (ADA) reimbursement under state law.
64. RATE SCHEDULE
The CONTRACTOR agrees to apply the same rate for the entire fiscal year. Education service(s) and/or related services offered by CONTRACTOR in accordance with the IEP/IFSP and the charges for such service(s) during the term of this Agreement shall be as follows:
A. Nonpublic School only Rate
Basic Education Program $220.00
B. Designated Instruction and Service and/or Other Related Services
(1) Adapted Physical Education
(2) Behavior Intervention Services
(3) Day Treatment Services
(4) Language/Speech Therapy
(5) Language/Speech Therapy/Cnslt.
(6) Mental Health
a) Counseling/Group
b) Counseling/Individual
c) Counseling and Guidance
(7) Occupational Therapy
(8) One-on-One Aide
(9) Parent Counseling (10) Physical Therapy
(11) Psychological Services
(12) Residential Treatment Services
(13) Social Work Services
(14) Transportation (ifrequired)
(15) Other:
65. PAYMENT DEMAND
$150.00
$110.00
$110.00
$35.0b
per
per
per
per
Period (specify)
per hour
per
per
per
per
per
per
per· hour
per
per
per
per
per
per
per
Day
If a pupil is enrolled in an NPS/NP A, with the approval of the LEA, prior to agreement to a contract or ISA, the LEA shall issue a warrant for services for up to 90 days during which time the contract shall be consununated. If after 60 days the Master Contract has not been finalized, either party may appeal to the
SELP A District Master Contract-2013-2014 21
70. DEBARMENTCERTiFlCATION
By signing th.is agreeme11t, CONtRACt<)i{:eerti:fie.~rr4at:
(a) CONTRACTOR and a11y o:f1ts_sharei~oidets;:p:q~n!ft~;,9r,1~xecut1v~ o.fffoers ·are not presenHy ;debarred;. suspended, ptopo~ed for deharruei1t; ·ot declated'iiteitgrble for tlie ~ward of contracts by miy Federal agency, and
(b) Has/have not, within a three•year pedod. {lr¢cedin,g: 1lht~: ~6ntr:a¢t, b¢.eh convicted of 6r had a civil judgment rendete·d i:lgifinst tbeth. for.: cd.W.J.ni-s~~b11· ·6f~ratf<if6i; a criminaL offense irt connection With obtahiiilg; attempting to obt1:1h1; or perf¢rmh1g ~·.· Fe4er~l1 state 6t .tocal gov<;:tniite:qt contract or subcontract;. violation of Fed¢ral or state antitrust s.ti:ftti:tes- r~lating to the ~ubihis~ioti of ·offers; or commis~ion ofemhe~ziemerit~ theft; fo~~g.e.iy., btjP.~1~.i f.a:1·sifi¢~tfon 'or destru¢.tion bf records~; making false statem~11t$, t~x ·evasion; of r~.ceivin~ stoJel)>pro.p,eity; and- ·are.·.not prese~tiy in<;ltote<l !01·, or otherwise criminaIIy or civilly chatffed tiy 1:1 G6ver11m~nf¢ntity with, corn:iriissiori of any or these offenses.
The parties hereto haYe executed this Master Cortti:act liy at[d tlif<ll;tgh, their du1Y authorized agents or representatives. ·
Operations andAdministration Manager. (Type) Name and Title .
June 26 2013 Date Date·
SE LP A District Muster Contract 2013-2014 24
70. DEBARMENT CERTIFICATION
By signing this agreement, CONTRACTOR certifies that:
(a) CONTRACTOR and any of its shareholders, paitners, or executive officers are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, and
(b) Has/have not, within a tln·ee-year period preceding this contract, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in com1ection with obtaining, attempting to obtain, or performing a Federal, state or local govenn11ent contract or subcontract; violation of Federal or state antitrnst statutes relating to the submission of offers; or conmtlssion of embezzlement, theft, forgery, bribery, falsification or destrnction of records, making false statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise crintlnally or civilly charged by a Goverm11ent entity with, conmtlssion of any of these offenses.
The paities hereto have executed tltls Master Contract by and through their duly authorized agents or representatives.
CONTRACTOR
Los Gatos-Saratoga Union High School District Name ofNonpublic, Nonsectarian School/Agency Authorized Representative/School District
Contracting Officer's Signature Signature
Bob Mistele, Superintendent (Type) Name and Title (Type) Name and Title
Date Date
SELP A District Master Contract 2013-2014 24
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
DATE: September 10, 2013
ITEM NO. CC.11
TO: Members, Board of Trustees
FROM: Bob Mistele, Superintendent
SUBJECT: Consultant Services Agreement-Hearing Conservation West
RECOMMENDATION:
Approve renewal of a "Consultant Services Agreement" between Los Gatos-Saratoga Union High School District and Hearing Conservation West for mandated hearing screening for students in the District.
DISCUSSION
Name of Contractor/Consultant: Hearing Conservation West, Inc.
Description of Services: California Education Code 49452 and Title 17, Section 2952 requires that each pupil be given a hearing test in Kindergarten or 1st grade and in 5th, 8th and 10th or 11th grade and upon first entry into the California public school system. Hearing screening will be provided to all 10th grade students. The screening will be provided on our school campuses through the use of a large mobile unit, equipped with the appropriate equipment.
Date(s) of Service/Schedule: Fall Semester 2013 for one day at each site.
HEARING CONSERVATION WEST SERVICES CONTRACT FOR SCHOOL YEAR 2013/2014
SCHOOLDISTRICT: l It • ~ · 11 . / t~f\ He~einafterreferred to as "District." GOS.~),;..~ aJv(}v V<..Ju.,W:t. . .-floU
Hearing (;onservation West, hereinafter referred to as HCW, agrees to provide hearing conservations services for the District at the rate of:
$ 495.00 per initial testing date $ 1.20 per student tested $· .52 per mile
ent cost includes screening test, reporting systems, consultation as well as an immediate eshold test, and middle ear evaluation for screening failures. Any additional follow-up ices are not included. HCW can arrange to provide additional au\iiological and/or
· es to fulfill specific requirements. All audiometric testing will be performed by · c technicians.
an initial rate, plus the per student sur charge on those days that HCW DistriCt is not charged for mobile van set-up prior to the initiation of
that (1) ten minute break after approximately every 2 hours, and (1) thirty reak after four hours of work is included in work time as mandated by the
elfare Committee Order, California State Labor Law.
_ Travel Expenses: TRICTS WILL BE CHARGED MILAGE AT A RATE OF .52 CENTS A MILE FOR
VEHICLES INVOLVED JN IMPLEMENTJNG SCHOOL TESTING. If an overnight stay is required to perform school testing, a $160,00 Per room charge will be added in .
Addition to the mileage charge.
By signing below, the DiStrict and HCW agree to the following:
Provide HCW staff with a minimum thirty minute lunch break and two ten minute breaks (one ten minute break every two hours) as mandated by law.
The testing schedule shall be prepared in advance by the contracting school. An adult school Representative shall be present for supervision of testing and security in the van. This school supervisor shall also insure that classes will be ready to be tested as scheduled. This school supervisor will also insure the physical safety of HCW personnel. This will further insure the overall efficiency of the testing schedule by eliminating any possible interruptions due to student misconduct or disruption.
1 of2
" • • • • • • • • • • • • • e • • • • • • • •
/ Hearing Conservation West, Inc. 4261 Dally Ct. Tracy, Ca 95377 Phone (209) 597-5491 Fax (209) 597-5492
ontracting 1str1cts wil adhere to CW timing gmdelines for specific age groups/grades. Contracting Districts agree not to accelerate time required for audiometrist to provide accumte high quality testing Services. Contracting Districts agree not to sacrifice quality of testing in the interest of time and cost Savings. HCW agrees to provide high testing as efficiently and quickly as possible.
District personnel must utilize the rosters, half~sheets, and scheduling forms provided by HCW for the Implementation of the school testing program. The purpose of using these forms is to insure the smooth Operation of the school testing program and to facilitate reporting to all appropriate State and Federal Agencies by the school personnel.
Please verify this agreement with signature below and the District P .0. number ______ _
This contract agreement is entered by and between:
Hearing Conservation West, Inc. 4261 Dally Ct. . Tracy, Ca 95377 Phone (209) 597-5491 Fax (209) 597-5492
This Ar,reement is entered by and between the· L.o>-<bLJo., -fu..r ~ k\cilSY' f1SIO Of p'? G1w? Califc;irnia, hereinafter lfuown as the "District" and Hearing Conservation West hereinafter known as "HCW."
HCW is an agency registered with the State's Maternal and Child Health Branch of the Department of Health Services to provide bearing conservation services for public schools in California. HCW hereby agrees to perform hearing conservation services for the District in the
V 2013/2014 ___:'SChool year. These services meet or exceed the regulations established by the Department of Public Health and the California Administration Code for hearing Screening. Detailed services are as follows: .
1. Each Student participating in this program, grades K through 12, will receive an audiometric screening test at 25 dB HTL (ANSI). Testing frequencies for the
uired screening are at 1000, 2000, and 4000 Hz, bilaterally.
student who fails the screening test will receive an immediate follow-up evaluation ding a pure tone air conduction thresh~)fd test ·at: 500, 1000, 2000, and 4000 Hz ••
" student who fails the threshold test will receive the appropriate necessary ditional clinical test immediately following the screening test at no additional cost. All
st are performed within an on-site diagnostic test environment that meets background oise level requirements as established by the Department of Health Services.
Additional test may consist of: tympanometry, physical volume examination.
4. Testing is performed by audiometrist who are registered with the State of California Services. Audiometric equipment meets the standards of the California Health and Safety Code and ANSI (S3.6 1969) regarding sound pressure levels.
5. The District will receive the results of the screening and follow-up test upon completion of testing at each school. Data is immediately available regarding students who fail the threshold examination. Written results of the test include a copy of each Pass/Fail/ Absent roster and three audiograms copies with recommendations for each student who fails the test.
Page 1 ofl'
. . . . . . . . . . . . . . . . . . . . . . .
Hearing Conservation West, Inc. 4261 Dally Ct. Tracy, Ca 95377 Phone (209) 597-5491 Fax (209) 597-5492
minimum thirty minute lunch break and two ten minutes breaks (one ten minute break approximately every two hours) as mandated by law.
An adult school representative shall be present fo1· supervision of testing and security in the van. This supervisor will insure that the classes will be ready to be tested as scheduled. This supervisor will also insure the physical safety ofHCW personnel. This will further insure the overall efficiency of the testing schedule by eliminating any possible interruptions due to student misconduct or distribution.
Distl'ict personnel must utilize the roasters, half sheets, and scheduling forms provided by HCW for the implementation of the school testing program. The purpose for using these forms is to insure the smooth operation of the school testing program and to facilitate reporting to all appropriate State and Federal agencies by the school personnel.
Approve renewal of a "Memorandum of Understanding" between Los Gatos - Saratoga Union High School District and Kara for on-site crisis support, grief counseling and training for students, staff and parents.
DISCUSSION
Name of Contractor/Consultant: Kara
Date(s) of Service/Schedule: July 1, 2013 through June 30, 2014
Cost of Services:
• $100.00 per hour per support team member which includes direct services provided onsite as well as phone/email consultation support
• $200.00 per hour per trainer for community education seminars or professional development
• $125.00 per SO-minute sessions for grief-related psycho-therapy services
PREPARED BY: Carrie Bosco
MEMORANDUM OF UNDERSTANDING
INTRODUCTION
This Memorandum of Understanding (the 11Agreement11) is made between Los Gatos -
Saratoga Union High School District ("District"), a political subdivision of the State of California, and Kara (11Consultant11
), provider of grief counseling peer support, community education, and clinical therapy services for individuals, families, and organizations, to provide services as defined herein.
AGREEMENT
District and Consultant agree as follows:
1. Term. The term of this Agreement begins on July 1, 2013 and continues through June 30, 2014.
2. Scope of Representation. Consultant provides emotional support to those grieving the loss or anticipated death of someone significant in their lives through individual and group counseling modalities. Services may include: 1) on-site crisis support for children, teachers, parents, and District administrators in the wake of, or anticipation of, a death; 2) community education seminars or professional development workshops for teachers, parents, and District staff; 3) crisis consultation support, including information and referral services to one of Kara's Youth and Family Services groups for bereaved children and teens, Adult Services groups and/or 1 :1 peer counseling sessions for bereaved adults over the age of 18, and/or Clinical Therapy Program sessions for individuals and families whose grief is complicated by extraneous circumstances.
It is mutually understood and agreed by both parties that in partnership, Consultant will team with the District executive staff to identify, develop and provide grief counseling services to District, and that said services will be developed from the full slate of Consultant grief counseling services and programs outlined above. Consultant will provide necessary reports and follow up consultation to school and administrative staff. Consultant shall also take reasonable steps to keep District informed of significant developments in those matters and to respond to District's inquiries.
3. Limit of Authorization. This agreement constitutes an authorization to perform services on behalf of District. Consultant is not authorized to proceed with work that will result in payments without expressed written approval by District. This MOU does not legally obligate the District to actually use the services of the Consultant.
4. Statements/Billing. Remuneration will be made to the Consultant at the rate indicated below and will be paid upon receipt of invoices documenting services
provided. Statements shall be provided at the end of each quarter and shall include the identity of each person peliorming service, a brief description of the work performed, the billing rate for each person pertorming the service, and the amount of fees charged for the services performed. Rates are as follows:
• For support that is in direct response to a specific crisis within the school community, Kara assumes that the first 2 hours of support after each incident will be provided at no charge.
• For additional or continued crisis response support following that initial two hour service, Kara will bill, for each new service request, at a rate of $100/hour per support team member. This encompasses direct services provided on-site as well as phone I e-mail consultation support.
• For community education seminars or professional development workshops, Kara will bill at a rate of $200/hour per trainer.
• For grief-related psychotherapy services, Kara will bill at a a rate of $125 per 50-minute sessions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Dated: _______ _
Dated: _______ _
Dated:~<b~--~~~-_\)_,,___· _
Dated: -~ t---'-( \~-I--"-\\¥ __
KARA
By _____________ _
Jim Santucci Director, Development and Operations
By _____________ _ Jonathan Frecceri Director, Community Outreach Services
OOL DISTRICT
By_<r--_,_ _ ____,~~-----Bo istele Superint~ndent of Schools
By (\ an11 ~ ~ J-,v() Carrie Bosco Director, Student Services & Special Education
Approve renewal of a "Consultant Services Agreement" between Los Gatos-Saratoga Union High
School District and Kids Perspective Therapy for physical therapy support for students in special
education.
DISCUSSION
Name of Contractor/Consultant: Kids Perspective Therapy
Description of Services: Provide physical therapy services for students with Individualized
Education Plans {IEP's).
Date(s) of Service/Schedule: From July 1, 2013-June 30, 2014 for a maximum of 50 hours
provided as scheduled.
Cost of Services:
• $170 per hour
• 50 hours of service
Maximum cost not to exceed $8,500.00.
PREPARED BY: Carrie Bosco
LOS GATOS-SARATOGA UNION HJ..GH SCHOOL DISTRICT CONSULTANT SERVICES AGREEMENT
Los Gatos-Saratoga High School District (LGSUHSD) agrees to employ Kids Perspective Therapy.Tax ID# 270053243 for physical therapy to special education students in the district. The project/program/resource is Special Education. Consultant se:.viccs for the academic year 2013-2014 .shall commence on July I, 2013, and end on June 30, 2014 with LGSUHSD for a total of 50 hours m~mum. The financial conside.ration for the above service, including all expenses is $170.00 per hour not to exceed $8,500.00 to be paid as billed for service by consult.ant monthly. Please prov1de invoices to the district office each month for payment
-a~ ~
By acceptance of this Consulting Agreement the Consultant: J_ Agrees to indemnifY and hold LGSUHSD hannlessfrom acts of neglect of the consultant. 2. Asserts that he/she i~ qualified to perform the work ordered as an independent contractor. 3. Agrees io devote his/her best professional effort to high quality, expeditious pe:rformcmce of work with no
conflict of interest. 4. Agrees to keep confidential all proprietary information of the District. 5. Certifies that he/she is not r:eceiving salary or remuneration, other than vacation pay, from any other
public agency for the above-specified pr~ject. 6. Early Termination - either party hereto may tetminate this contract at any given time by giving 30 days
written notice to the other party. Immediate termination if found to be non-compliant. 7. Agrees contract is not valid until t;T.pproved by the Los Gatos-Saratoga Joint Union fiigh School District
Board of Trustees if over $1,000. · I agree to the conditions as stated above.
~~3 Board Approval is required for Consultant Agreements over $1,000. Consultant Ag.-ooments.less than $1,000 requires
same rocedures as listed below with the exce :tion that it does not re nlre :Board A roval.
The following are the Consultant Agreement :P.-ocedures: (TWO STEPS) STEP 1: J_ Obtain required signatures: a) Human Resource Supervisor; b) Consultant; and c) Administrator (ensure
budget fwuis are available). 2. Submit original Agreement with required signatures to Superintendent',~ Office for B()artf. approval (C<mtract
will be 011. the Board Date which meets the Item TiJ.le. Due Date). 3. 'Upon receipt ofJJoard approval. Superintendent's offlce wiU ret.Urn the Board appr(JVed original.4greement
to requestor. STEP 2: (JIEQUESTOR TO COMPLETE THE FOLLOWING): . . 1. a) Submit Board Approved. Olll.GINAL to Business Services (DO); b). return a .r/gtied copv to C9ns11.1tan.t: c)
§end a copv to site Principal; amt d) compfeti a purchase requisition., attn.eh a copv ofBoard approved Aveement and send tO purcha&in.g_· If a new co~ultant, a copy of W-9 is re.quired with the purchase · . requisition. (Fonn W-9 may be obtainedfrom site main office)
2. Submit invoke to Accounts Pavable. lnvoice(s) will not be paid unless a copy of the Board approved Agreement is attached to the p'ILrchase requis 'fi'O .
Carrie Bosco 6/1913 ?S 3o 13 Requestor (Please Print) I Date .Diil1~:3~qr I ate
Secret.ary of the Board Date ofBom:d Meeting
This agreement is to be used by Consultants on{y, not by employees of /_,o:; Gatos-Saratoga Union High School District, and requires Governing Board approval for Agreements over $1,000.
Original - District J.'MAMD.F.CC- 2106 Copy - R11>questor
TO:
FROM:
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. CC.14
SUBJECT: School Pupil Transportation Agreement-SAFETRANS Transportation, Inc.
RECOMMENDATION:
Approve the renewal of a "Consultant Services Agreement" between the Los Gatos-Saratoga Union High School District and SAFETRANS Transportation, Inc. for transportation to a NonPublic Day School (~PS) for a student in the District.
DISCUSSION
Name of Contractor/Consultant: SAFETRANS Transportation, Inc.
Description of Services: Transport student to and from school as stated in the NPS agreement and the student's IEP.
Date(s) of Service/Schedule: July 1, 2013 through June 30, 2014.
• Cost of Services:
• $195 per day
• 180 days
Maximum cost not to exceed $35,100.00.
PREPARED BY: Carrie Bosco
SCHOOL ,PUP.IL TRANSPORTATION SERVICES AGREEMENT' .. ··' . ..
THIS AG.REEMENT 1$J;)lad,e f:lnd ente.re,d thto as ofthe ·2:8th d~y of August 2013, by and between Lo$ G:at&.s S.arat6Q9. UniotT!iigh School CSOHDOL DISTRICT') with princl:p~r offre_~.s at: 17421 F(;lrl.ey Rc»ad w·e$t, Los Gatos, CA 95030 and SateTi:"ans trar1sp6r(atio1\ Jnc., hereinafter c1;11led. "OONTRAC'TOH", with its principal business:offio¢§ lncatet~l at 505 Burke St., San Jose) Cali.fomla, 95112.
W'I TN ES SETH
WHEREAS, SCHOOL Pl STRICT has selElcted CONTRACTOR to provide the pupil transportation servic~s described herein to servi¢e Los Gatos Saratoga Union High School.
WHEREAS, CONTRACTOR desire.s to. proviqe such transportation services,
NOW, THEREFORE, in consiqeration of the covenants hereinafter contained,. the parties. agree as follows:
1. TERM
The term oft.his AgteernE?nt.shall commence Aug.ust 28th, 2013 and shall continue through August Z8thi-2o14; This agreement may be extended by mutual written E1greement for adcti,ttoriaJ two;;y~ar perlo.ds, StJl;iJect to terms and conditions as set forth in this Agreement· For putpo:.~es of this Agreem1~nt; theFtetni "Contract Year" shall mean each ohe;;yeeilr period cornrnendng,6ti Apgust 28th dUrlngthe term of this Agreement. · ·· ·
2. SCOPE OF SERVICES: REQUIRED
CONTRACTOR shc;ilf, during the terni of this Agreement, supply and maintain such schooJ buses.aryd .full. $.iZe var:\$ {in q1.;1$htity and capaoitY) and personnel as. are required to flJITI.11 SCH0bl.,Jjl$1"RICT'S need's for "Basic Transportation" and "Supplemental Transportatioh'i as defined below.
"Basic Transportation" ~hall mean the s;:ife transportation of any and all pupils who are designated by SCHOOL DISTRICT to be transported between school and a point reasonably Close to the pupils' homes, Such transportation shall be provided for each and every day that school is convened and in accordance with routes and schedules submitte:d by.SCHOOL DISTRICT to CONTRACTOR and approved by CONTRACTdR
"Supplemental Transportation'' ;s.l:Jall meao the- safe transportation of any and all pupils or other authorized persons. as may be requested py SCHOOL DISTRICT for field trips, excursions, athletic activitles or ~my other purpose· d~signated by SCHOOL DISTRICT. CONTRACTOR shan maintain and have avallable for use by
SCHOOL DISTRICT such spare or supplemental vehicles C!s CONTRACTOR shall determine is reasonable to accommodate SCHOOL DISTRICT'S requirements under this contract. Spare or su.pplernental vehi'cles are understood by the parties to be vehicles which are not e~c!usive to this Agreem:ent and which are available by CONTRACTOR for use in oth~r contracts it may serv.ice.
Notwithstanding the above langµage; W.hioh sh@ll govern CONTRACTOR'S contractual responsioilittes cotrcerning •i·Supplemental Transportation/' the CONTRACTOR shal.I rna:ke.gqbd faith efforts to provide SCHOOL DISTRICT with the number of vehicle$ Jt r.nay request.
SCHOOL DISTRICT amd CONTRACTOR will consult on a regular basis concerning the Basic Transpqrtqtion requirements of the SCHOOL bJSTRICT. In the event .of increases or decre.as'es iM the numb~r of :stu<;lents requiring Basic Transport.ation, or in rol.ite$: or ~$.~het;Jwles ·swbrnitted by CONTRACTOR and approved by SCHOOL bf$tF{iCT, the nwrtiber :of vehicles and the number of spare vehicles will be adjusted aocoridi.ngly. lfth~ ·numbi:lr of vehicfes required by SCHOOL DISTRICTfor81:1sl,cTransport$tion sh~lfdrop belowthe Humber contemplated in Exhibit A, CONTRACTOR reserves the right to m~goliate additional compensation for certain overhead no longer allocable to vehicle use.
SCHOOL DISTRICT will provid:E? a safe location on its school locatio·ns and school premises for load.ing and dische1rge .of students from buses and/or vans1 and will cooperate with GONTRAC.TOR in assuri.ng safe traffic flows of other vehicles through such area and at;feqµgte lhgress.P.nd 'egress to such loadltig ar~a on school days. CONTRACT0.R)shallhotb~. o:bllgateo to dJscharge. stu~ents in traffic patterns which it considers uo~:afe, and:-additi'onalcharges may resuJt where discharge or pickup of students in the loading area is del-ayed due tO traffic.
3. COMPENSATIONAND-BiLLING
In consideration for s-ervtces rendered hereunder, SCHOOL DISTRICT shall pay to CONTRACTOR all ·su1r1s du:e and:'PWing and calculated in aecordarioe with the rates and payment terms set forth in Exhibit A attached hereto and made a part hereof, as may be adjusted fro.m time to time as provided herein.
In the event SCHOOL DISTRICT transportation requirements substantially change during the term ofthis Agreement, including any extensions or renewals hereof, due to change in SCHOOL DIST'RICTS transportation policy related to which students are entitle.d to transportation service, then at the request of either party, the rate(s) of compen$ation payable herel!nder may be renegotiated.
The rates for will be fixed according to Exhibit A during the first Contract Year of this Agreement. Subsequent years or extepsions beyond the terms of this Agreement may be subject to a price change. The adjustment will be dictated by
the San Francisco Bay Area Qon~umer Price lliclex for all Urban Consumers for the preceding July through ,June annuai period or five percent, Whichever is lesser.
4. PAYMENT TERMS
Not later than the5th ofeac.h month in the Contract Year, CONTRACTOR will invoice SCHOOL DISTRl®T forGill servioes rend.~red d[Jring the prior month, net of ahy adjqstments foY service·s fendetecf 'in j:){iOr months, which werEr} not previously invoiced or credltedfo SCHQOL DISTRICT. Such adjustments may include changes ih the.nt.il11P.~iof .days r:wr:i'for the .month, .change$ in routes n;m, field trip expenses. After veriffcation ofthe invotce, SCHOOL O'iSTRlCT will pay all amounts invoiced by not l?for thE\n the 30th day of the month in whi:ch the invoice was received; Late pa,yments· shall be asse.s$·ed a late; payment fee equal to interest at 12.0°1~ per) annum. ·
5. .ROUTES AND SGHE'IJULES
SCHOOL DISTRICT sh.all be primarily responsible for planning all routes, stops and schedules. SCHOOL DISTR:ICr shail furnJsh CONTRACTOR a complete route map on or before the first day of enrollment of .each school year. CONTRACTOR shall work vvitb: SC.liOOL.Dl.STRICT',S principaJ or his/her designee in planning the routes an?to.thgrWj.sEFPerf0rm(ng this Agree,m~nt CONTRACTOR shall use the route informatioritpro\/ided by SCHOOL DISTRICT to calcul:ate the approximate time of plcK WP .afi.o ctrop.offf0r each stop. CONTRACTOR sh~ll then provide a list of such time.sto SCHOOL OIS'tRlCT. ·SCHOOL DISTRICT sha·11 then inform parents and families ofthese ti mes.
SCHOOL DISTRICT shall notify CONTRACTOR whenever changes are necessary in routes or time soiled ul.e:s and CONTRACTOR shall make a reasonable effort to adjust its operatronsto 'incorpt>'rate such chc;inges w!t.h!n five (5) business; days after notice is re:ceived from :SCHOOL DISTRICT. SCHOOL DISTRICT and CONTRACTOR--shall consult as to ,sfo)PS' or portions of routes that CONTRACTOR considers to ~ea safSE}fV. concern due to traffic patterns or configurations. In the event O~NTRACTOR-believes any stop or route presents an unacceptable safety risk to CONTRACTOR'S property or student;s, CONTRACTOR may reject the stop or routeportid,n requested P.y SCHOOL DISTRICT and provide the SCHOOL DISTRICT with alternative designations by written notice.
6. RECORDS AND REP,ORTS
CONTRACTOR shall provide within thirty (30) days of .any request,. those reports and records which m~ybe rea:$onabfy requested by SCHOOL DISTRICT pertaining to students; routes, :~tops, nille~ge audit$ (:lnd other information having to do with daily operations. All route time and route performance records :shalrbe open to inspection by SCHOOL DlSTRI CT or its representative during regular busine.ss hours in CONTRACTOR'S office. Jn reviewing CONTRACTOR'S records,
SCHOOL DISTRICT shalJ prot~ct tbe copDden~,ialityofCQNTRACTOR'S proprietary or confidential information lncl.udt=,id ih tHe data provided.
CONTRACTOR shall prpvicje SGMOQ.L DIST:RtCT with all transportation information necessary to aHow~$C:HQQl; ~JSTRICT 'to apply for State D~partment of Education reimbursement for stLJc;lehf;tr~nsportation. SCHOOL DISTRICT will inform CONTRAGTORotther!3pcirtsan.d~su.rnmcityinfor:rnation necessarytoapply for the reimbursement ' ·
CONTRACTOR shall. ir)1m~d.laJely notify the prinoipal of SCHOOL DISTRICTS operations,, or hlsHor her'.(Je$i@nated repre.:§~fltgtlYE:;h by te,fephohe and confirmed as :soon <iiS pt9e;tio~~l~· ih'.tvdtjpgrorthe occurre,nc.e of .any incident involving stuoent rider~, o·r.aJr~fflgvf9l~li9'.1rqr C:;1c9Jd~ntre:port9pleby law that. involves a vehicle with ·pfJ~s~'t1'@$r-s th~t:i§'.llbe.ing u§?~clito provide tr?fa~portation services pursuant to thisAgre~m~nt W.htten n6tiff(1p_tJon sh~U GOnta.frla '{till and complete statement of:aU:re.lative·.fqrststnclqqtng ;polibe OClse' nurnbet-when available. In no .event shaU1 $u61thotific~ti.oniocour more,thqp twenty4o(Jr(24) hours after CONTRACTOR'S m:a,n-9g~ment.rec-eivesnotice ,of any :such occurrence.
7. INDEMNIFICATION
CONTRACTOR.2l9P€)8§.tO indem11i~;·holct h~rrnleS.S an~ dE?fendSCHOOL DISTRICT, it's governiri.gbQard,,'.o,ffi:G~rs,;:e:rnpJqye~s· cmd:pQentl5 from ~md 9g~inst every claim br demand. W.hi'tjh M;l_:ay:p~:~ni~d;e.ljy altlY: per,$Q,0, ff rm r or '9WPG'r$tion, Qr any ofher entity arisingJrorrlof:oaws$d by:an.Y, act.ofnefil~cf; vvlllful misconduct; default or ornlsslqn or¢o·~T~CTdR'trrt~e-p.ectormanoe· o.f'thfs Agreement, except to the extent th$ts.uoM:qlairnord~maiid arisesfrom,or·is cc:rci'sed by the negligence; omission or wi'llfuFrnisconduotof.SCHOOL DISTRICT, it's agents or employees.
SCHOOL DISTRICT a@rees to inqemnify; h.old harmle$s and defend CONTRACTOR, Ws dir.eotors,,::Offio:ers; eniplpye.esarid, agents from.and against every clai.m or demand w~fch fnaybemadeby a~yperson, fir:m, or corporation, or any other entity arisinmfrqm at: Qaus~g q;y.;~0.yaof bf rile:gLept; willful mis-cenduct, default or omission 'Of 8.C'rIQ0.L,. _blSTRlCT lri fhe· perl'o'hnafloe. ofthis .A'greement, except to the extent that $ucttb_iarm ordemand arises from or is caused by the negligence, omission .or wiilful .;misconduct of CONTRACTOR, it's agents or employees.
8. INSURANCE
CONTRACTOR shall! at its expense, procure and keep in force during the entire term of this Agreement-;, G-eneraf Liability and Auttnnobile Liability lnsur<:ince to protectCONTR:A,CTOR, Hs drivers and other personnel. CONTRACTOR shall provide,.:Gene.ral LiapJUty limits ofnot less than $1,000,000 each occurrence for bodily injyry and pfop~rty damage; autornobJle li'?~bllity limits
of not less than $5,000,000 oqmbin~d ~tn,g1le lirnjt for p-odily inJury and damage to property for all owned, hired ~hd non~qwried autos. CONTRACT;ORsh~H also maintain uninsured/unde.rins4red :motc5rij$t·:ccve.bag~; anct medtcal paym~l1ts coverage to the exte:Rt :requhJ~d oYt?w;·:(:Dq;[SJTRACTQR ·agreM:;st<J provide to SCHOOL DISTRICT a celJ[lftd~te.bf'in$.drf\mbe evicfendng su.oh coverage and designating SCHOOL Dl'S'T~l;CT 8$ .arl:~ddittonal lnsu.red as its inter:est may appear for both the Genera1:~9;13cfA~to P'EJ.pilJty;fl)rpg;r;.~ms( c;ind re,forence .to the hold harmie·ss· and indemnfff¢.;?W.otl provision~ in: this ·co.htra:ct; such ·certificate to be provided on July 1st ofea.§'h ·co.ntra8fyear, o.r on renewal of s.;4ch polici'es. All insurance policies shall ·pt9¥h:fi3 th?Lrtq co·v.erag·.e1 :Sh.all be. oancel.ed :except by thirty (30) days wr'ltten notlqe··fo :OO:NTR/\G'TOR. an:d SCHOOL D:ISTRIGT. 1 nsure.r shall maintain a. rnJnTmu.m A.fvtJ:3e~rs & Co:mp~ny rating of A or CONTRACTOR shall.ol'.l~Pri:1Jm.i:1ur:anoefr;~m a cornp~nYJJ1µtu~Hy,ag.re.ed 1,Jpon between the CONTRAO'T~Ri{~m,fthl~- :S:0HQH4,l [)JSTRICf, . e·oNT'RA.CTO R shall provide SCHOOL QISTRICTwith a'cerltficafo'-ofins:urano·eas evidence of having statutory work~rs' corn:pg11.s9fion coverage at levels ahd in forms required by the laws in which CONTRACTOR shall operilte for this Agreement.
9. FORCEMAJEURE
In the eventCONTRAO.TOR is u1113bl~to prQvidethetrans.portation services as specJfiecl .in this Agr,e~rnent:b.e~fittse·ofany a·ctofGod, civil disturbance, fire, riot, war, terrorism, pick<:?ling; :$lri K~; · 1ab@r d i$pute; .governruental .action. or any condition or cause beyoricf CQ'.fNfiRA¢/r'.Q:f£\s·ooniro1·,. SC;HOOL DlSTRICt shall excuse CONTRACT OR from: p·~rformariee·:cinderthis··Agreerneot
1 O. INC:LEMENT WEAT:HERI S~GHQ0L CLOSINGS) CHANGES IN 'REGULAR scfHO.O[::seHenh'.J.EE{S .
In the event of inc!ementweather or impassability of roads, whe.never school is canceled, delayed, th·e $ch99! qay is ~chequled for other- th~n r:e_gplar start, or end times or school Ts. dlsrniss.~q e:ady ·fat 'eari,Y .reason) SCHOOL DISTRLQT shall notify CONTRACTOR.not18!t¢.ff.han ~-:QQ,:a)n; oti the dayof.sL1Ch cancellation-or delay or not later than two {2) hours before early disriilsssl or the cariceHation of Supplemental Transportation. · · ·
Notwithstahding the foregciingl in the event of qircumstances in the :operation of any school which necessitate 1early dismissal for student health or .$afety reasons, the CONTRACTORand SCHOOL DISTRICT shall cooperate to facilitate orderly transportation of studemts in the .most effibient manner possibl.e in light ofthe circumstances presented.
11. SAFETY PRO.GRAM.
CONTRACTOR 'Shal.I be responsible for implementing, maintaining, and reviewing annually acomp.r~hensivep.upil transportation safety program
12. MANAGEMENT f?,ERSONNEL
CONTRACTOR s.h~I/ e.Jtlploy rn9n:age.ment personnel who shall be responsible for the efficientoP,'§rt~tro.n ofthe':ftaf'ls.po~~fion ~ervic,:es furnished hereunder and who shaUbe Ct0:NTRACT0'R'Sltaison to SCHOOL DISTRICT, CONTRACTOR will desigp~te.:a cd'sis rn;;inagement·contactp$rson for emergency contact with the sc+·f()OCQl~i-;Rl~t s:s(Aq9u?t 1st of each cal~n~aryear CONTRACTOR shall infonrf S:C:H00J. OJ~T~ICTofthe narne(§:); oontact telephone numbers and· Eidctre~s {e's} qf s{(cfl tric:lriag:ementpersohneL
SCHOOL DISTRICT shflll employm.~n9g§rnrmf p$rsonnel Who shall be responsible for ct>ordinate:·eft~~· sN~~Mf;t,taf:lspqryatipn·,requiremeqtS :of the SCHOOL DlSTRICT to.P'eJWt@i$h@ct\lJTQ,!3.tt·;~h.hr~gre~.rn~ntwho sh~ll beS,CHOOL
~1;n:~~~~~;1:~~~~~P~~~~l.~fu~~~~;~~~~c~~~~~~~~~~~~~.te8i crisis August 1st of each calendar· Y~8r :SOHO'(i)·h, ;151sTRIQT shall inform OONTRADTOR of the name( s}, contact telephOne numbers ci.nd address (es} of such management personnel.
13. OPERATIONS. PBRSQb!NELJDRIVERQUALIFICATIONS
CONTRACTOR shall emp!oy a s1;1ffitientnumber ofqualified drivers and support personnel to assure SCHb.QL.D'ISTRICT of continuous, reliabie, .safe, and on time service.
CONTRACTORstian t$ke reasonable steps to prevent Its empl.oye.es from exposing ;;my pupil to .impmprl~ty of word or conduct. CONTRACTOR shall not knowingly permit its dri:Yers to ·smo.ke on.th·ev~hicle., or dririk any lntoxi~atlrig beverage, or be under the 1nfluence ofdru9s or alcohol while operating· any vehicle. CONTRACTOR shaH regulafothe use of'prescription and non-prescription drugs that impair the safe operation ofthe vefHcie.
CONTRACTOR shall be responsible for hirlng and discharging personnel employed by CONTRAfffOR.fp p,erform l\s>pbligatiorts hereµrid .. en provided, however, that SCHOOL OJSTJ~tCT:sf)aU have fherig,ht to ;require CONTRACTOR to remove from service any, eri(tployee,WrK>, in SGHCJOL DISTRICT;$ sole discretion; is deemed unsµlfEi;l:ffe for'tfae:;performanc.e Qf tran~portation services for SCHOOL DISTRJCT;'and pro'@ded,further; that SCHOOL DISTRICT shall make such request in writing and. sic~fe tt:re reasons therefore. Reasons may include failure of any driver to o~terate. 0avehicJe l'n a sate mannerj in accord.ance With the laws of the state of California and the· o,r,dlrtanc.es<of any city Jri which such vehicle operates, or a finding ·oy the S~CHOOL DlST,RlCT that the personal hC:i.t:>its and/or conduct of an employee·are .detrimental to the best interests of the SCHOOL DISTRICT Orto the welfare and besfinterests of the students being transported.
A Drivers
AH drivers hired must have indiviciu~dtr:affic and criminal record$ resear9hed by CONTRACTOR to assure Qbmpliah0e With'~tpte. [)epar.trnerit of Trcmsportatbn Regulation of CaliforniRI; . -A.i?.$i~ped dri:v~r·qpa!Jficatlons Will meet .or exceed those specified to the CONTAAC'F'd.B by the :se,HOOL DESTRIGT, and each driver must possess a valid d river1·s .liq§.8~~ @~i of:th~\:9~1~~ of service.
•.:·· . . :_,· '
CONTRACTORsha!Lpr;pvioeq1.,1qlifl~q.ddversitn;iih.ed and licen$ed in accordance with the lqlJVSQ.f th~?~t?t~:pf:@$1Jfornl~and federal goverhm$nl, and.the ruies and regulations.of'CdN':fiRAC'rFOR'to~operate school.buses and foJI $ize varis. CONTRACTOR Will pr.oviq~ attoutlibe:of~etjiJirememt$ an¢ qUE;llif!Yp,tiorisfor SCHOOL DISTRICT inform'~t1~h as requgst~d b.Y $GH00L IJISTRlGT from time .to time. "· · ··. ·
(a) Supervising the Joaqing .and unloading of his or her vehicle at every pick~ up and delivery point;
(b) Kee.ping informed of C:lll rµles.e1nd regulations affecting the operation of school buses and full size vans•;::ind staridt3rds 9f conduct;
(c) Comp.lying With,allf~der:al,·.state,CJnd local tr;afficlaws while op.erating buses under this Agreemrent;
( d) Carrying a timepJ~ce WMile on duty so that the driver can maintain established schedule times; · ·
(e) Notifying CONTRACTOR'$ :di$patcher by radio in the event of any traffic accident or medical eme~!iJ~l1QY(that:involveS: a ·yehidle use.d inthe performance of this Agreement. coNtR.~GJ~:~'9::diJ~e:~1ql1l~rshall.p.~omptl¥:~dVise._the appropriate authorities and BQHO:Ot. Dl$T~1crS,designee ofthe accident or emergency. CONTRA0TO'.R!.$.en1ploy.e:es shaU not be tequired to perform E:lny medlcal functions for passenge.rs.
B, Training Reguirertients '.-;·
CONTRACTOR shall p.rovide thorough instructi.on to drivers in compliance with state and federal safety ahd operations gufdelines-ancj regulations. SCHOOL DISTRICT shall havethe rightJoreviewcourse content, Course cqntent will include, but not be limited.to,. instructtonorrthefollpiwlngtepics: commercial. drivers license requiremehts and te:stpnepar;~t.ioh; drqg-free·workpiace requirements .. pretrip and post-trip equlpmenL;;in,d.safetyin~p,ections; defepsh1edriving,, loading ano unloadi'ng procedUres 1 railroad.crossing. safety procedures, backing maneuvers,
All school buses supplied by CONTRACTOR in performance of this Agreement shall meet or exoe:ect the stand.9rds e$taQ.Jish~d by the laws and regulations of the State of Oalifbrriia. CONTRACT-OR shall rnaintaln the school buses used to provide tran$Portatl()n services under-this Agreementin accordance with law and accepted inctust:r-Y maintenance standards.
CONTRACTOR agre~s:that all veJilcles shall be equipped With two-way radios. CONTRACTOR agree$ tb p'erforrn :an insp~ction of~JI radios prior to the start of the school year to ,epsljre proper perf9rmance,• CONTRACTOR agrees that at all times when vehicles a;r:e,,lrr operatrqn1 the radios will be approprlatE31Y monitored and staffed by CONTMCTfIJFfdispatch p~rsonnel, and drivers should, at all times on routes, be able fo contact cdNTRACtOffS ba,se or dispatch :office.
The parties understand and agree that th.e terms of this Agreement ahd the prices included with this AQreernent d:O not inctude modifications to vehicles or routes required if seat belts WE!;re .includ~d in the eq4lpm.ent provideq for students under this Agreement 'IF:SCHJ1>.0L D:ISTglCT shall at some time inJhe future specify or request that the, C:cYt,\lTRACTOR provide lap.&. shoulder sty.re s.eat b.elts for use in vehicles ptovicllng,S.~$ib·Transportafion and Sqpplementar Transportation under this Agreement, the pat~Je.$ §h<au: n:§goti~t~ in .good faith, to mutual · agreement; on alternative prBfahg and ay~ffa~Hity.;of'V~hlc!,~s to service SCHOQL DISTRICT under this Agreement. In the. event any .gove:rnrnenJal agency imposes additional equipment requirements other than those set forth above on CONTRACTOR'S vehi.clesdurlog the term .ofthls Agreement which are specific requirements for the operation:ofthis contract or immediate installations required for continuing operation ofthe:·V.ehlqles, CONTRL\CTOR and SCHOOL DI STRICT shall negotiate in good faffh concerning price Increases applicable to such equipment installation.
15.FUEL
CONTRACTOR shall purchase at its own cost, inclusive of all fuel taxes, all fuel required for the operation of vehicles.
16, PUPIL OISCIPLINENANDALISM
Th:e ultimate responsibility and authority to susp.end or expel any pupil from transportation services he.revn:der shaJLrestwlth the SCHOOL D.ISTRICT. · CONTRACTOR'S drivers are ~esponsible only for such disoip'lilie as is required to properly and safely operate CONTRACTOR'S vehiCles. Each driver shall handle all
disciplinary matters in strict accordance with SCHOOL DISTRICT policy. In no case will a driver eject.a pupil from a vehicle for misbehavior except in the event of an extreme emergency endan§ering the safety of other pupils and then only after radio notice to CONTRACT'ORFS terminal and to the pupil's building or school principal. In all cases of diseip!inary ~jection, the vehicle shall remain at the approximate area of student di'§charge. until authorities arrive on site and authorize it to proceed o.n route. A1Jqisci'pliri$ r}roblerns sh&lll he reported in writing by the next school day following compl~tio'.i1 ofthe roµte. FLirtherprocedures and regulations for the administration of dlscip!Ine sb9JI p:e established eooperatively between SCHOOL DISTRICT and CONTRACTOR,.
Vandalism damage to CONTRAGTOR;S _equipment or facil.ities shall be the responsibility of CONTRA~TQR. SGHQ{)L DISTRICT shall give CONTRACTOR reasonable assistance in obtafiifn.g re$t!tution. fordamaged equipment or facilities where damage is determined to bEfGausedby scHooLDISTRiGT stµdent$ or personnel. CONTRACTOR rri~y; with thewrittenconcurrence by SCHOOL. DISTRICT, refuse to provide a pupil with transportation services until vandalism damages caused by such pupil are paid.
17. NO DISCRIMINATION
CONTRACTOR agr~.e.s to comply with all applicable Federal and California laws including but not limited t(;)_ the California Fair Employment Practice Aot, beginning with Labor Code Section 141 d. CONTRACTOR will also perform work under contraot With no dJsctimipation because of race) creed, color1 ancestry, national origin, handicap, gen<;ler, age, or marital status.
18. TERMINATION
If either party shall violate any of the covenants or duties imposed upon it by this Agreement, such violation '$hc;iil entitle the other party to terminate this Agreement. The party desiring ta· termi.nate. for such ca.Lise shall give the offendtng party ninety (90) days written ncitiC'e, and the op:pqrtunity to remedy th.e violation; If at the end ·of such time the; party nbtified has not removed the cause of complaint or remedied the purported violation, then this Agreement shall be deemed terminated.
19. SURVIVAL
The mutual obligatie>n$ described ih Sections 3, COMPENSATION AND BILLING and 7, INDEMNIFICATION hereof shall survive the termination or expiration of the Agreement.
20. STATUS OF CONTRACTOR
In the interpretation of this Agreement and the relations between CONTRACTOR and SCHOOLDISYRICJT, CONTRACTOR ·shall be construed as
being an independent contractor employedt9 provide tran$POi'.tation services. only~ Neither CONTRACTOR nor any ofifs erri:plqyee$ s.MaJI be hefd. or deemed {h 13ny way to be an agent, ernploye~::~r ~offioi.~! qf_S¢'fl@OL :Dl'STRIGT. CONTRACTOR shall be responsible for; ·arid hold $OHO'~~· DJSTFRlQ.T,harrnless frOJ11 anY liabllity for unemployment taxes or eontriPutions·; µ:~~rolftaxes or otherfedefal or s.tate . employment taxes.
21. PLACE OF CONT·RACT
All references· in this confrad to the ''s.tate" shall mean the State of California. All regulations,, laws ?Hd requirements of the state shall mean the regulations, laws or requfremerits Of the· State of California.
22. SEMERABILITY
In the event any provision specifi~ttherein is held ordeterrnined by a court of competent jurisdlotiotitobe:IIJeg·;;lJ, void or in con.traventkni ofany applicable law; the remainder of the Agreemerir'sb~ll reniainirrfull force and effect.
CONTRACTOR.and·SC.HOQL D1$TRICT may extend or o.th~rwi_s~modify the terms of this Agreerne.ntin~'.JNhpJe :o:r.1n·P9.li as:'circl!m~tances may jw:;tlfy by mutual written agreetrrente*etBµte.d·J>y. the;.(;;tuly aUthori;z~d representatives of the parties. · ·
24. NOTICES TO PART.I ES
All notices to be gi~e.h by the. partiestQ this Agreement snalLbe in writing and served by depositing sarnifinthe, United Slates Mail, postage prepaid, registered or certified mail. ··.
Notices to SCHOOL D1$TRICT Sl;i(:lll .be addressed to:
Lqs Gatos Saratoga. Un!on High Scheol 17 421 Farley Road We.st Los Gatos, CA 9.5030
Notices to CONTRACTOR.shall be addressed to:
Safe Trans Transportation; Inc. 505 Burke St. San Jose, CA 95112
SCHOOL DISTRICT qr CONTRACTOR may change its address ofrecord for receipt of official notice .by g_ivrng the other written notice of such change and any necessary mailing 'instructions.
25. ENTIRE AGREEMENT
This Agreement s~ts fqjj:h th:E? enJir~ !3.gre~rnent between SCHOOL DISTRICT and OONTRACToR:cqriqernl.ri~ithe suoJ$.Pt rn·atter herepf, There are no representations; eith$ror.at1qr wdften,; b§tv.ve~n ·S'.OHOOLDISTRlCT and CONTRACTOR otherthan tndse co.ntairred :in this Agreement . .··· .. ·· ·. · ...... ····. . . . .· . ... . . .
The I aws of th~ -~t?te .of;QqJifq-rn.L~:-w\ll ~apply in :int~rpreting this Agreernent. In the event of any di$f}green\le.rnt'.qtdts.p'0t~:oonoetriirtg1h~terrn$,ofthls"Atireement or the service·s to be provided µ11cier thfs!:~graerrieht, th:e partte·s. shall attemptto · reach resolution through n:recHatio1:i:involv.lri.g prffrc'ipa.rs· of each party. ·Any suit filed with respect to this Agre~rn~ntt&h$1f b,ehfl!~qjn the state courts lo,cat~d in the County of Santa Clara; state 9f California,.
IN WITNESS WHEREOF; th~FPP-rti~s, h~reto :have executed the Agreement through their duly authorized reprn:;;ent~.trves\in ~fupllo§te, fhe cJay and year first hereinabove written. ., , · · · ·
SafeTrans Transportat[on! Inc: Los Gatos .Saratoga Union High School
Signature: Signature:
Print Name: Hung Nguyen Print Name: ______ _
Titl.e: President
exhibit A
Rates and Charges App_licP,pJe.
In consideration of the t~.P,tDS;~Hbi$ Agr~~~m§nit; the $.QHOOL DISTRICT agree.st0 pay th'8 CONTRACTOR:\ft)~ f(;il!bWi'(ig '$Uhi$ ~ors~ntice:
~ ,, • ' 'i· ,-·:. ' : . ... • '
(a) Full Size Van Setvice
$195.00
$ 8.00
Base tate.'per vehicle.per day, which includes si¥ ( 6). hqt.irs ·of clriver Hme · Additl:(Q:n:§.LC!harge}ore~cn fifte:en (15) minutes bey¢!\i<a;:,~xx;<~Y86'ur~r ·:daily
TO:
FROM:
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. CC.15
SUBJECT: Individual Service Agreement/Master Contract- Spectrum Center Non-Public School
RECOMMENDATION:
Approve renewal of an "Individual Service Agreement/Master Contract" between Los Gatos -
Saratoga Union High School District and Spectrum Center Non-Public School for educational services for a student as specified in pupils Individualized Education Program (IEP).
DISCUSSION
Name of Contractor/Consultant: Spectrum Center Non-Public School
Description of Services: Educational services to be provided as outlined in student's IEP.
Date(s) of Service/Schedule: Not to exceed 210 days, July 1, 2012 to June 30, 2013.
Cost of Services:
• Academic instruction: $197.00 per day x 210 days
• 1:1 Aide: $127.50 per day x 210 days
• Counseling: $55 per hour 2 x wk, 30 min. sessions
• Addt'I Counseling: $42 per hour 1 x wk, 30 min. sessions
FOR NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES 2013-2014
THIS MAST R CON RACT (contract) is made and entered into this \ 'S.\-' day of \f\A.. \.15" 2013, between the · '/) ... a. S , County of Santa Clara, hereinafter referred to as the "LEA" and S,.<?!LC*:vv. •NI (: orWdlN, hereina er referred to as "CONTRACTOR" for the purpose of providing special
education and/or related services to individuals with disabilities under the authorization of Education Code Sections 56157, and 56365-56366.7. It is understood that this Contract. does not commit LEA to payment for special education and related services provided to any individual unless and until an Individual Service Agreement (ISA) for Nonpublic, Nonsectarian School/Agency (NPS/NPA) Services is executed between LEA and CONTRACTOR on behalf of such individual or interim telephone approval is given to the CONTRACTOR by a representative of LEA.
WITNESSETH:
Whereas, LEA has determined that the need for such services exists;
Whereas, CONTRACTOR is a nonpublic nonsectarian school or agency holding all required certificates and licenses; and
Whereas, that CONTRACTOR is capable of and willirik:f~ 'provid~ s~ch se~ices.
A current copy of California Department of Education NPS/NP A certification is attached. If certification expires during Contract period, CONTRACTOR must provide an updated copy.
In consideration of mutual promises contained herein, it is mutually agreed between the parties as follows:
I. GENERAL PROVISIONS
1. INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN SCHOOL/AGENCY SERVICES
An Individual Services Agreement (ISA) for Nonpublic, Nonsectarian School/ Agency (NPS/NP A) Services shall be a part of this Master Contract, which CONTRACTOR will be required to execute with LEA with respect to each pupil for whom CONTRACTOR is to provide special education and/or designated instruction and services. Each pupil's Individual Services Agreement (ISA) shall identify the provider of each service required by the pupil's IEP/IFSP (CCR 3062(e)). Individual Services Agreements shall only be issued for those pupils enrolled with the approval of the LEA. CONTRACTOR is responsible for providing those services, which it has agreed to provide for each individual pupil in that pupil's ISA, unless mutually agreed upon otherwise. Individual Services Agreements are null and void upon termination of the Master Contract.
I ·' ' ~
The Individual Services Agreement may be te'rifi.ihated by the LEA or the CONTRACTOR for cause, as set forth in EC section 56366 (a) (4), with twenty (20) days written notice. The ISA may be terminated without advance notice if both parties agree to do so in writing.
SELPA District Master Contract 2013-2014 3
,,!.
• SELPA AU (Special Education Local Plan Area Administrative Unit) 111 SubCONTRACTOR (Any individual contracted to provide direct service to student) • SPI (Superintendent of Public Instruction)
6. NO DISCRIMINATION
CONTRACTOR shall not unlawfully discriminate on the basis of actual or perceived gender, sexual orientation, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability or age, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics, in employment or operation of its program.
7. GOVERNING LAW
The terms and conditions of the Contract shall be governed by the laws of the State of California with venue in Santa Clara County, California.
II. ADMINISTRATION OF MASTER CONTRACT
8. NOTICES ,: .·'
All notices involving 1) revocation of CONTRACTOR's certification, 2) Master Contract disputes, 3) changes of LEA pupil's residence outside ·of current LEA attendance area, 4) termination of ISA, 5) tennination of Master Contract, 6) notification of cancellation or material change in CONTRACTOR's or LEA's insurance coverage, and 7) LEA's reasonable objections to a subCONTRACTORs liability insurance policy, are required to be given to the LEA and/or CONTRACTOR in writing and may be delivered in person or by certified or registered mail, postage prepaid or by other delivery services. Notices tL LEA shall be addressed to (insert district person's name and address)
b 9JHSD l'/~ 21 ft<..vC.eff1r! l..> l.C, q ~s o) ('.'.tijv'(C-~5£tp Notices to CONTRACTOR shall be addressed to CONTRACTOR's address (insert CONTRACTOR 's name and address) f,\i,,¥\> '\\,\vW!c, ~,1/~¥0 5 4 &->- £...blo A/I)., St:Yh 'Y.Jola.CA t\l.fW'.4 • If mailed, notice shall be effective as of the date' 6f postmark on receipt by addressee. If deliv~red by hand, the effective date shall be the date of receipt of addressee.
9. MASTER CONTRACT DISPUTES
Any disputes or disagreements between CONTRACTOR and LEA regarding implementation or interpretation of this Master Contract, or otherwise relating to this Master Contract, that are not informally voluntarily resolved shall be addressed and/or resolved as set forth in this section of the Master Contract. This provision in this section of the Master Contract, shall apply to all disputes and disagreements related to events that occur and/or injuries that are inc,urred and/or commence during the term of this Master Contract, even if the party claiming injury first discovers the events and/or injuries giving rise to the disagreement or dispute or first notifies the other party of the disagreement or dispute, after expiration of this Master Contract. For purposes of thi~ section of the Master Contract, the term "injury" shall include monetary and/or non-monetary injuries.
Step One: The party claiming injury as a result of the facts underlying the dispute or disagreement shall first attempt to resolve the dispute directly between senior level representatives of the parties. If CONTRACTOR is the party claiming injury, CONTRACTOR shall notify the LEA's Special Education Director or other LEA employee known or reasonably believed to be responsible for LEA's special education program, of the existence of a disagreement or dispute and attempt to resolve the matter informally.
SELPA District Master Contract 2013-2014 5
62. PAYMENT UNIT-NONPUBLIC SCHOOL ONLY
A unit of service for payment purposes is one day of attend.ance or apportionment absence as defined in California Education Code 46010. LEA shall n.ot be responsible for payment of services for days on which a pupil's attendance or absence does not quAlify for Average Daily Attendance (ADA) reimbursement under state law. Per Diem rates for pupils whose IEP/IFSP's authorize less than full instructional day may be adjusted on a pro rata basis in accordance with the actual proportion of the school day serviced.
CONTRACTOR shall notify LEA when Medi-Cal is billed for educationally related expenses.
63. PAYMENT UNIT-NONPUBLIC AGENCY ONLY
A unit of service for payment purposes is one hour of related service. LEA shall not be responsible for payment of services for days on which a pupil's attendance does not qualify for Average Daily Attendance (ADA) reimbursement under state law.
64. RATE SCHEDULE
The CONTRACTOR agrees to apply the same rate for the entire fiscal year. Education service(s) and/or related services offered by CONTRACTOR in accordance with the IEP/IFSP and the charges for such service(s) during the term of this Agreement shall be as follows:
A. Nonpublic School only Rate Period (specify)
Basic Education Program per Day
...
B. Designated Instruction and Service and/or Other Related Services
(1) Adapted Physical Education $:c./c ~4~00 , f;r'.~3\.Db per lk\£ 1-\tJL.v-V (2) Behavior Intervention Services ' 1 per (3) Day Treatment Services per (4) Language/Speech Therapy/Group ~'221.'J·OO per
l\t\1~~ (5) Language/Speech Therapy/Indiv. $ (DQ,00 per
(6) Mental Health per
a) Counseling/Group S4i.oo per R7\: '~ Hn kyi" b) Counseling/Individual ~$.00 per t}ia\f +-\-o lA Y'" c) Counseling and Guidance ~15'3,DO. per tm \.-&:: t-\-D I A..<JC
(7) Occupational Therapy ·::rfr_;. ~~.oo, fu: : ~ t.f 'tcV per tk\t l+n0v-(8) One-on-One Aide hJl:~~.'5{), U:\&; 'f<:o3.t-5' per '>201('16. > (9) Parent Counseling ~,oo per \.k \-\- th IJ V
(10) Physical Therapy per (11) Psychological Services ~50.CO per fu\f AV LAV: (12) Residential Treatment Services per (13) Social Work Services per (14) Transportation (if required) '?i ·vil \>4i% 'l.o'it "\)1u';, 15.~_, per 'S?F14) (15) Other: Ass·{~lt;fQ. T.e.~ ~·t.tc.. .DO· per \.\:tv\.f t\-o I ,vV: (ttt) 04..e--DVt~ ,Ai:..W<_ '3~\<li?.e.t~ ~ \'-\.¢..00 ~\)~
65. PAYMENT DEMAND
If a pupil is enrolled in an NPS/NP A, with the approval of the LEA, prior to agreement to a contract or ISA, the LEA shall issue a warrant for services for up to 90 days during which time the contract shall be consummated. If after 60 days the Master Contract has not been finalized, either party may appeal to the
SELPA District Master Contract 2013-2014 21
70. DEBARMENT CERTIFICATION
By signing this agreement, CONTRACTOR certifies that:
(a) CONTRACTOR and any of its shareholders, partners, or executive officers are not presently debarred, suspended, proposed for debarment, or dKc\~red ineligi~le for .the award of contracts by any Federal agency, and >. ;: ·
(b) Has/have not, within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.
The parties hereto have executed this Master Contract by and through their duly authorized agents or representatives.
CONTRACTOR
f.os Gatos .. 5araJDqa. Sd,oo/ fJ1s-f.r;c.J Authprized Representative/School DistriCt Name ofNonpublic, Nonsectarian School/Agency
(,~"'<-\'::. \-b\vV\.Q'"2 .S.-x' Vf> pf OipQ,xc-A-;ovt~ (Type) Name and Title
1 · (Type) Name and Title
Date Date
SELPA District Master Contract 2013-2014 24
\'.
.,
ADDENDUM TO MASTER CONTRACT/AGREEMENT 2013-2014
Subject to the remaining terms of the Master Contract, LEA herby acknowledges and permits CONTRACTOR to subcontract with the independent contractors identified below to perform the Individual Service Agreements during the term of this Master Contract. CONTRACTOR agrees to notify LEA of any changes in the subcontractors identified in this addendum.
CONTRACTOV Center
By: c #0 --·-
LEA: Los Gatos-Saratoga Union High School District
Name: Chris Holmes
Title: Senior Vice President of Operations Title:----------------
LIST OF 2012-2013 SUB-CONTRACTORS
'J•
1. Communication Works, Oakland, CA
2. My Therapy Company, Inc.
3. Monarch Speech and Language, Pleasant Hill, CA
4. Professional Placement Resources, Inc.
5. Progressus Therapy
.. ;,. . ,·, . •• • •• "· 1_
TO:
FROM:
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO. CC.16
SUBJECT: Non Public Agency Agreement-Vista Center for the Blind and Visually Impaired
RECOMMENDATION:
Approve the renewal of a "Non Public Agency Agreement" between the Los Gatos-Saratoga Union High School District and Vista Center for the Blind and Visually Impaired.
DISCUSSION
Name of Contractor/Consultant: Vista Center for the Blind and Visually Impaired.
Description of Services: Orientation and Mobility services provided to visually impaired students in the District.
Date(s) of Service/Schedule: Up to 8 hours direct service per month, for the 2013-14 school year, as arranged with student/teacher. With up to 2 additional hours per year for IEP consult.
Cost of Services: $150 per hour, for a total of 82 hours, not to exceed $12,300.00 for the 2013-14 school year.
Maximum cost not to exceed $12,300.00
PREPARED BY: Carrie Bosco
SANTA CLARA COUNTY SELPA II INDIVIDUAL SERVICE AGREEMENT FOR NONPUBLIC, NONSECTARIAN
SCHOOL/AGENCY SERVICES (Education Code Sections 56365, 56366, et seq.)
NAME OF LOCAL EDUCATION AGENCY ("LEA"): Los Gatos-Saratoga High School District
NAME OF NONPUBLIC SCHOOL/AGENCY ("NPS/NPA"): Vista Center for the Blind and Visually Impaired
1 f waiver/permit: Name of Supervisor ________________ Credential Held ________ _
2. The NPS/NPA will provide the district with a copy of their State Department Certification.
3. The class size for the pupil will not exceed _____ •. and/or the therapist/pupil ratio will be ___ . If applicable, group size shall not exceed _____ _
4. The length of the instructional day will be consistent with the Master Contract ("Agreement") unless otherwise specified. (Nonpublic school only)
5. Authorized educational services as specified in the Individualized Education Program ("IEP") shall be provided by the CONTRACTOR up to the amount specified. Failure to implement the services as specified on the JEP and contained within the Agreement shalt reduce LEA's payment obligation to Contractor in the amount necessary .to secure the appropriate designated instructional service for student not originally provided as agreed upon between Contractor and LEA.
6. Subject to the performance of this ISA, LEA will pay CONTRACTOR agreed upon rate per unit as defined in the Agreement.
7. CONTRACTOR will provide written progress reports to the Office of Special Education before INSERT QUA RTERL V DA TES HERE .
8. Payment will be made for services provided Monday through Friday, only, based on hourly rates and attendance, as per the LEA calendar, dated: ___________ _
9. Other Provisions (attachments as necessary):--------------------------------
A. BASIC EDU CA TlbN PROGRAM (Applies to NPS only)
Nt1mber of Days ____ X Per Diem$ =TOTAL BASIC BDUCA tJON COSTS(A) $ _________ (Include extended school year days as appropriate to the pupil's IBP).
B DESIGNATED INSTRUCTION AND SERVICES/RELATED SBRViCES· " ,
TOTAi; SERVICE PgOVIDE~ MINUTES
F.req Duration SiartDate .PER WEEKI OR.SESSION
HOURLY DAILY
I. Adapted PE
2. Aide Support
3. Counseling
4. OT
5. PT
6. Speech/Language
7. Transportation -_,,,.[ .~)
8. Orientation/Mob 8 brs a 8/lSJ!ittl & hrs a month $150,00 mo.
9. Other- IEP Yrly 2 hrs $150.0D
MAXIMUM TOTAL REi..ATED SERV!CES COST (B) MAXIMUM TOTAL BASIC EDUCATION AND RELATED SERVICES COSTS (A+B)
COSTPER SESSION
WI;:EKLY IND1V OR,Ot..Ji:'
$ _ _._1~2.c::;30,,_,0"".0~0c__
$ _ _._12"";""'30""'0""'.o"'-0-
·-
. IVIAX TOTAf.; CC!STFOR
CONTRACT . PBRloo
$12,000
$300.00
All terms and conditions of the ouuent Agreement for NPS/NPA Servioe(s) previously executed by the parties Jiereto, are incorporated herein by reference. The CONTRACTOR will implement the IEP in accordance with this ISA and the Agreement, and will request an IEP review prior .to any change in the scrvicc(s).
The parties hereto have executed this contract by and through their duly authorized agents onepresentatives. This contract is effective on 7/1/2013 and tenninates at 5:00 p;m . .on 6/30/2014 unless sooner terminated its pi·ovided herein
Local Education Agency
(Signature)
(Type or Print Name)
Los Gatos-Saratoga High School District (Name of LEA)
17421 Farley Road West (Mailing Address)
Los Gatos, CA 95030 (City, State, Z,ip Code)
APPROVED: __ LEA Governing Board
(
(Signature)
Sharon Hudson,,Assodate Director (Type or Ptint Name)
Vista Cent~r for the Blind and Visually Impaired (Name ofNPS/NPA)
2470 El Camino Real #107 (Mailing Address)
Palo-Alto CA.94306 (City, State, Zip Code)
DATE
Page 2 of2
TO:
FROM:
LOS GATOS-SARATOGA JOINT UNION
HIGH SCHOOL DISTRICT BOARD OF TRUSTEES CONSENT CALENDAR
Members, Board of Trustees
Bob Mistele, Superintendent
DATE: September 10, 2013
ITEM NO.
CC.17
SUBJECT: Memorandum of Understanding (MOU) - Santa Clara County Office of the Sheriff for School Resource Officer (SRO), Saratoga High School
RECOMMENDATION:
Approve the MOU with the Santa Clara County Office of the Sheriff for SRO services for Saratoga
High School for 2013-2014.
DISCUSSION
Name of Contractor/Consultant: Santa Clara County Office of the Sheriff
Description of Services: Provide SRO services at SHS
Date(s) of Service/Schedule: August 1, 2013 to June 30, 2014 - an average of six (6) hours per
week
Cost of Services: The financial consideration for the above service is $22,000.00
PREPARED BY: Bob Mistele
AGREEMENT BETWEEN SANTA CLARA COUNTY OFFICE OF THE SHERIFF AND
LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT
The purpose of this Agreement between the Santa Clara Office of the Sheriff ("Sheriff') and the Los Gatos-Saratoga High School District ("School District") is to provide supplemental law enforcement services to the School District in the form of a School Resource Officer.
WHEREAS, the Sheriff's Office has the legal authority to provide law enforcement services and criminal justice administrative services to schools located in the City of Saratoga and is equipped and willing to do so by utilizing the School Resource Office ("SRO") as set forth in this Agreement;
WHEREAS, the Sheriff is primarily responsible for providing law enforcement services within the City of Saratoga and currently funds part of a deputy Sheriff position to serve as an SRO, including in some of the schools in Saratoga; and
WHEREAS, the Sheriff and the School District would like to enter into an agreement to supplement the services of the SRO who is currently providing services in the City of Saratoga;
NOW, THEREFORE, the parties agree:
I. LAW ENFORCEMENT SERVICES
1. The SRO will provide supplemental services to the School District, as requested by the School District during the period of August 1, 2013, through June 30, 2014. The SRO will provide these supplemental services exclusively within the School District limits in Saratoga, except in an emergency.
2. These services may include, if requested by the School District, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement related services that are acceptable and within the capability of the Sheriff to provide at the schools.
3. The hours of coverage and other similar details shall be determined by the mutual consent of the Sheriff and the Superintendent of the School District.
II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by the Sheriff
1. The cost of the SRO supplemental services during the period of August 1, 2013, through June 30, 2014, shall be $22,000. This rate is based on the same rate that the City of Saratoga currently pays for SRO services. The School District shall pay the Sheriff (care of the County of Santa Clara) in one lump sum by May 1, 2014.
2. The City of Saratoga currently funds a portion of an SRO position (approximately' 70% of a full-time position). The purpose of this agreement is to
supplement the services provided by the SRO. With the additional funding for this position provided by this agreement, the Sheriff will authorize the assigned SRO to devote additional time to his or her responsibilities as an SRO for the School District. Under this Agreement, the School District will provide $22,000 in funding for the SRO position and will receive an average of 6 (six) hours per week of the SR O's time, dedicated to providing services to the School District.
B. Law Enforcement Services
1. The scope of the SRO services, the standards of performance, the disciplining of the assigned officers, and other matters incident to the performance of such services shall remain within the sole discretion of the Sheriff.
2. In the event of a disagreement as to the performance or level of services to be provided, the Sheriff or his/her designee shall meet with the representative(s) of the School District to review the manner of performance of such services.
III. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the School District, its staff, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the Sheriff and its employees set forth in this agreement.
B. The School District shall indemnify, defend, and hold harmless the Sheriff, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the School District and its employees set forth in this agreement.
C. This mutual indemnification agreement is adopted pursuant to Government Code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code section 895.6.
IV. INSURANCE AND LIABILITY
The County and the School District shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement.
V. TERM OF AGREEMENT
This agreement shall be in effect from August 1, 2013, through June 30, 2014.
VI. TERMINATION
Either party may terminate this Agreement with thirty days notice in writing to the other party.
VII. NOTICES
Communications relating to this Agreement shall be in writing and shall be delivered personally, sent by United States mail, first class postage prepaid, or by private messenger or courier service:
To the Sheriff:
To the School District:
VIII. SIGNATURES
Laurie Smith, Sheriff Santa Clara County Office of the Sheriff 55 West Younger Avenue, 4th Floor San Jose, CA 95110
Bob Mistele, Superintendent Los Gatos-Saratoga High School District 17421 Farley Road West Los Gatos, CA 95030
IN WITNESS WHEREOF, the parties execute this Agreement:
OFFICE OF THE SHERIFF
Date: ______ _ Captain Kenneth Binder, West Valley Division Commander
APPROVED AS TO FORM AND LEGALITY:
Date: ______ _ Cheryl Stevens, Deputy County Counsel
LOS GATOS-SARA TOGA HIGH SCHOOL DISTRICT
Date: ______ _ Bob Mistele, Superintendent
LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT
BOARD OF TRUSTEES CONSENT CALENDAR
DATE: September 10, 2013
ITEM NO. CC.18
TO: Members, Board of Trustees
FROM: Bob Mistele, Superintendent
SUBJECT: Agreement - Patti Gregory- Board Retreat, August 27, 2013
RECOMMENDATION:
Ratify "Agreement" between Patti Gregory and LGSUHSD for preparation and facilitation for the August 27, 2013 Board Retreat.
DISCUSSION
Name of Contractor/Consultant: Patti Gregory
Description of Services: Preparation and facilitation services for the August 27, 2013 Board Retreat, including any necessary follow up
Date(s) of Service/Schedule: August 21, 2013 to September 30, 2013
Cost of Services: $1,200.00
PREPARED BY: Bob Mistele
LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT CONSULTANT SERVICES AGREEMENT
Los Gatos-Saratoga High School District (LGSUHSD) agrees to employ (name) Patti Gregory, (position)
Facilitator, Social Security No. , as a consultant. The project/program/resource is . Consultant services shall commence August 21, 2013 and end on September 30, 2013. The fmancial consideration for the above service, including all expenses is $1,200 as billed for service by consultant.
By acceptance of this Consulting Agreement the Consultant: I. Agrees to indemnify and hold LGSUHSD harmless from acts of neglect of the consultant. 2. Asserts that he/she is qualified to perform the work ordered as an independent contractor. 3. Agrees to devote his/her best professional effort to high quality, expeditious performance of work
with no conflict of interest. 4. Agrees to keep confidential all proprietary information of the District. 5. Certifies that he/she is not receiving salary or remuneration, other than vacation pay, from any
other public agency for the above-specified project. 6. Early Termination - either party hereto may terminate this contract at any given time by giving
30 days written notice to the other party. 7. Agrees contract is not valid until approved by the Los Gatos-Saratoga Joint Union High School
District Board of Trustees. \) • ~ J J I agree to the conditions as stated above. r'~ ~~ Y.p 7 /L3
C suit ID e J
The following Consultant Agreement Procedure is to be followed: I. Obtain required signatures: a) Human Resource Supervisor; b) Consultant; and c) Administrator. 2. Submit original with required signatures to District Office, Attn: Business Services Dept., for Board
approval (Contract will be on the Board Date which meets the Item Title Due Date). 3. Upon receipt of Board approval, Business Services Dept. will return Board approved copy to
requestor and retain original for file. 4. Requestor: a) return a copy to Consultant; b) send a copy to site Principal; and c) complete a
purchase requisition, attach a copy of Agreement and send to purchasing. If new consultant, a copy of W-9 is required with the purchase requisition. (Form W-9 may be obtained from site main office.) Invoice(s) will not be paid until Board approved Agreement is attached to purchase requisition.
~l'5-k(z__ Requestor (Please Print) I Date Administrator I Date
Secretary of the Board Date of Board Meeting
This agreement form is to be used by Consultants only, not by employees of Los Gatos-Saratoga Union High School District, and requires Governing Board approval. PMA.MD.F.CC- 9105
