Governing Board Agenda - Cabrillo Unified School … · Anyone wishing to address the Board regarding any of the Closed ... Sarah Stern-Benoit ... The Governing Board introduces Mr

CABRILLO UNIFIED SCHOOL DISTRICT

Governing Board Agenda August 14, 2014

Regular Governing Board Meeting District Office Board Room

498 Kelly Avenue, Half Moon Bay 7:00 PM (Closed Session, 6:00 PM)

Governing Board Packet 08-14-14 BD Packet Page 1

CABRILLO UNIFIED SCHOOL DISTRICT 498 Kelly Avenue, Half Moon Bay, CA 94019 A G E N D A – Thursday, August 14, 2014 Governing Board Meeting – District Office

1. CALL TO ORDER- 6:00 P.M.

2. ROLL CALL/QUORUM ESTABLISHED

___ Mr. Rob Pappalardo, President ___ Ms. Kate Livingston, Vice President ___ Mr. Michael John Ahern, Clerk to the Governing Board ___ Dr. Kirk Riemer, Member ___ Ms. Freya McCamant, Member

3. COMMENTS FROM THE PUBLIC RELATED TO ITEMS ON THE CLOSED SESSION AGENDA

Anyone wishing to address the Board regarding any of the Closed Session matters may do so at this time.

4. RECESS TO CLOSED SESSION

a. Pupil Personnel/Student Matters (Education Code 35146). The Board may hear expulsion cases and consider the requests from students for re-

admittance following expulsion. Also, the Board may review student disciplinary reports, exemption requests, and other student related matters that are regarded to be confidential according to Education Code. The Education Code requires closed session in these cases to prevent disclosure of confidential student record information.

b. Public Employee Discipline/Dismissal/Release (Government Code 54954.5, 54957).

c. Conference Regarding Labor Negotiations with District-Designated Representatives Dannis/Wolliver/Kelley, John Corry, Tony Roehrick (Government Code 54957.6).

1. Cabrillo Unified Teachers’ Association. 2. California School Employees’ Association, Chapter 485.

d. Conference with Legal Counsel - Anticipated Litigation (Government Code 54956.9).

Conference regarding anticipated litigation pursuant to Subdivision (b) of Section 54956.9.


5. RECONVENE OPEN SESSION – 7:00 P.M.

Report action from Closed Session: if applicable.

6. PLEDGE OF ALLEGIANCE

7. ADOPTION OF AGENDA AS PRESENTED/AMENDED

8. STUDENT/STAFF/COMMUNITY RECOGNITION

The Governing Board recognizes the following members of the Measure B Campaign Committee for their efforts and support in the passing of Measure B. The following campaign members being recognized are: Mary Beth Alexander - Co-Chair, Corrine Bucher - Co-Chair, Kelly Huber - Treasurer, Warren Wolfeld – Legal Consultant/Donor Letters/Office Space Donor, Rick Southern – Fundraising Chair, Rob Pappalardo – Board Representative-Fundraising and Logistics, Mike Alifano – Fundraising and Logistics, Tony Roehrick – Campaign Support, David Casentini – Endorsements/Office Space Donor, Len Erickson – Endorsements, Freya McCamant – Board Representative, Sarah Stern-Benoit – TBWB Strategies, Andie Morhous – TBWB Strategies, Heather Stambaugh – Phone Ban Lead, Amy Risk – Phone Bank Lead, Catherine Carhart - Website, Leigh Ann Koelsch – Yard Sign Coordinator, Dayna Chalif – Phone Bank Data Entry, Lynn Messick – Phone Bank Data Entry, Charles Gardner – Yard Sign Supporter, Amy Humble – Donor Letters, Teffaney Ebert – Kings Mountain Lead, Jennifer Lockhart – Hatch Elementary Co-Lead, Michelle Briggs – Hatch Elementary Co-Lead, Gizette Sperinde – El Granada Elementary Lead, Nadia Bledsoe Popyack - Cunha Intermediate Co-Lead, Amy Kruckewitt – Cunha Intermediate Co Lead, John Corry – District Office Phone Bank Coordinator, Misty Belmonte – CUSD Teacher Liaison and Phone Bank Coordinator, Tracy Halbersleben – HMB High School Lead, Rajan Bechar – Campaign Supporter, Alison Monteith – Yard Sign Supporter. The Governing Board introduces Mr. Ronald Campana as Principal for Half Moon Bay High School. Mr. Campana comes from the San Mateo Union High School District where he served as Assistant Principal at the Peninsula Alternative High School. He has also served as Dean of Students at Capuchino High School and as an Assistant Principal at Burlingame High School. Mr. Campana also taught Social Studies at Aragon High School. The Governing Board introduces Mr. Jarrett Dooley as Principal for Manuel F. Cunha Intermediate School. Mr. Dooley came to Cabrillo Unified in 2011 and served as the Assistant Principal of Student Services and Curriculum and Instruction at Half Moon Bay High School for the past four years.


Prior to that Mr. Dooley taught Computer Sciences and Physical Education in the Los Altos Elementary School District as well as middle school in Las Vegas, Nevada. The Governing Board introduces Mr. Javier Gutierrez as Assistant Principal for Manuel F. Cunha Intermediate School. Mr. Gutierrez came to Cabrillo Unified School District in 2011 and served at Half Moon Bay High School as the Agriculture Teacher and FFA Advisor. Mr. Gutierrez also served at the Department Chair and was a member of the Academic Council. He also was the AVID Professional Development Coordinator for Half Moon Bay High School The Governing Board introduces Ms. Tiffany Zammit as the Assistant Principal of Curriculum and Instruction for Half Moon Bay High School. Ms. Zammit is a coastal resident and comes from the Peninsula Alternative High School in San Bruno, Ca. She also served as the Professional Development Coordinator, Lead Advisory Common Core Teacher, Mathematics Instructional Coach, an Instruction Technology Coordinator, Work Experience Coordinator and Mathematics Department Chair. The Governing Board introduces Ms. Katie Duggan as the Specialized Programs Coordinator. Ms. Duggan comes from the Belmont-Shores School District where she served as the EL Coordinator/ELA Teacher. Ms. Duggan taught 6th grade English and 8th grade ELL programs. Ms. Duggan also served on the Belmont-Shores Superintendent’s Instructional Service Team with primary focus on Common Core Implementation.

9. COMMENTS FROM THE PUBLIC RELATED TO ITEMS NOT ON THIS

Public Participation at Board Meetings The Board of Education encourages your participation in its deliberations. If you wish to address the Board on an agenda item, please fill out a speaker card located on the agenda table at the back of the room and present it to the Administrative Assistant seated to the immediate left of the Superintendent prior to the item being called. Any additional materials you choose to present will be copied and presented to all Board members following the meeting. The Board President will randomly call on persons submitting cards. The general order of discussion on any particular agenda item during the course of a meeting is: 1) Staff presentation on item, 2) Public comment, and 3) Board deliberation and action, if so warranted. If you wish to address the Board on a matter that is not on the agenda, you may speak during the “Comments from the Public” portion of the meeting that is held near the beginning of the meeting following the same general procedures noted above. Board members are legally prohibited from discussing non-agenda items and, therefore, cannot respond to items presented at this time. Open session is audio and/or video recorded. Board agendas are often long and time is limited. For that reason, the Board reserves the right to limit the time allocated to each speaker (three minutes) as well as the cumulative time allocated to multiple speakers who are addressing the same topic (twenty minutes). The presiding officer may rule out of order persons who unduly interrupt or otherwise interfere with the orderly conduct of business, or who use defamatory, abusive, or profane language. Irrelevant or redundant presentations may likewise be ruled out of order. In the unlikely event that the behavior of an individual is such that the Board is unable to continue to conduct its business in an orderly manner, the Board President may direct the offending individual(s) to vacate the meeting room. Finally, a citizen may place an item on the Board Agenda by submitting a written request and supporting information to the Superintendent's Office. The Superintendent, in consultation with the Board President, will determine at which upcoming regular Board meeting the item will be scheduled. The person who requested the item will be allowed three minutes at the meeting to present the information to the Board. Following this presentation the Board may address the issue, put the issue on a future agenda for more discussion and action, refer the issue to the administration for follow-up, or take no action.


In compliance with the Americans with Disabilities Act, those individuals requiring assistance and/or accommodations or *Spanish language translation in order to participate in this meeting are asked to contact the Superintendent’s Office in advance at (650) 712-7112.

(*Si usted necesita traducción al español para participar en esta reunión se pide que se ponga en contacto con la oficina del Superintendente antes de esta fecha al (650) 712-7112.)

10. REPRESENTATIVE REPORTS a. CUTA Representatives b. CSEA Representatives

11. REPORTS/INFORMATION/PRESENTATIONS

a. Receive Report on Summer Intervention Programs

12. COMMUNICATIONS

a. Board Members

b. Student Board Member

c. Superintendent 13. CONSENT ITEMS

The Consent Agenda Consent items are those items judged by staff to be routine in nature, consistent with policy, and reflective of established practice. As a time-saving measure, such items are typically grouped together on what is called the “Consent Agenda” for Board consideration of action. The Consent Agenda requires a motion and a second and must be approved by a roll call vote of the Governing Board. Any Board member may direct that one or more of these items be removed from the Consent Agenda for the purpose of discussion and consideration of action.

a. Approve the Annual Submission of Phase I of the Consolidated Application & Reporting System

b. Approve Certificated Personnel Report c. Approve Classified Personnel Report


d. Approve Contract for the Superintendent

e. Approve Denial of Claim No. 2014-042 Against the District

f. Accept Enrollment Report for the Tenth Month of the 2013-2014 School Year

g. Approve and Adopt Minutes of June 26, 2014, Regular Governing Board Meeting

h. Approve Quarterly Report on Williams Uniform Complaints (Education Code 35186)

14. ACTION ITEMS

a. Adopt Resolution No. 14-14 Declaring September 2014 as Attendance Awareness Month

b. Adopt Resolution Nos. 15-14, 16-14, 17-14, 18-14, and 19-14, for Employees

Assigned on the Basis of an Education Code Provision

c. Approve of a Contract with WLC Architects, Inc. to Design a Gymnasium at Cunha

Intermediate School d. Adopt Resolution No. 20-14 Declaring the Result of the Education Parcel Tax

Election held on June 3, 2014 and Authorizing the San Mateo County Controller to Levy the Education Parcel Tax

e. Approve Responses to San Mateo County Jury Report: “Educational Frenemies: Can

Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?”

15. DISCUSSION ITEMS a. Discuss Board/District Goals for the 2014-15 School Year

16. FUTURE BOARD AGENDA ITEMS

a.. Goal Setting Workshop b. Unaudited Actuals Report c. Statement of Assurances for Textbooks and Instructional Materials e. Policies Maintenance Updates


17. FUTURE EVENTS/DATES/REQUESTS a. August 18-19 - Cohort 2 Technology Training, 8:00 AM, Cunha Intermediate School Library

b. August 20 – All Teachers Staff Development Day, 7:30 AM, Half Moon Bay High School c. August 21-22 – Teacher Work Days d. August 21 – Pilarcitos High School Parent/Student Orientation Night, 6:00 PM e. August 25 – First Day of Class for the 2014-2015 School Year Hatch Elementary T/K Back to School Night, 6:30 PM f. August 28 – Farallone View Elementary Back to School Night, 6:00 PM El Granada Elementary Back to School Nigh, 6:00 PM g. September 1 – Holiday-Schools Closed h. September 3 - Hatch Elementary Back to School Night, 7:00 PM i. September 4 – Cunha Intermediate School Back to School Night, 6:30 PM j. September 8 – DELAC Committee Meeting, 6:00 PM, District Office k. September 9 – Minimum Days for Students, Staff Development at All Sites l. September 10 – Half Moon Bay High School Back to School Night, 6:00 PM m. September 14 – PPLC Big Lift, 3:30 PM, Silicon Valley Foundation Office, San Mateo n. September 18 - Regular Governing Board Meeting, 7:00 PM, District Office

18. RETURN TO CLOSED SESSION (IF NECESSARY)

19. ADJOURNMENT OF THE MEETING

Meeting Curfew Board Bylaw 9323 stipulates that the meeting of the Board shall conclude no later than 10:00 p.m. The Board, at its discretion, may extend the meeting for a defined time to finish the business at hand.


CABRILLO UNIFIED SCHOOL DISTRICT BOARD AGENDA ITEM

BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 11.a BOARD AGENDA ITEM: Receive Report on Summer Intervention Programs DEPARTMENT: Curriculum and Instruction CONTACT PERSON: Elizabeth Schuck, Ed.D., Associate Superintendent

BACKGROUND INFORMATION: As reported at the June Governing Board meeting, summer intervention programs were officered to Cabrillo students Pre-K-12. These programs included transition classes for preschool students entering kindergarten, classes for students entering first grade, support classes for at risk students in grades K-5, classes for at-risk middle school students, credit recovery extended school year classes for identified Special Education students, and support services for identified Migrant Education students. REPORT/PROPOSAL: Staff from each of these programs will give a brief summary of program services. FINANCIAL IMPACT: Extended School Year programs for identified Special Education students are mandated by IDEA laws, and dictated by student IEP’s. The District is required to expend funds for these programs. All other funds were from grant or other categorically funded programs (Title I, LCAP, Title III, Bridges to Success) with additional support from the Cabrillo Education Foundation. RECOMMENDATION: Receive report on summer intervention programs.


8/7/2014

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Summer Intervention ProgramsSummer Intervention Programs

CABRILLO UNIFIED SCHOOL DISTRICTCABRILLO UNIFIED SCHOOL DISTRICT

Report to the Governing BoardReport to the Governing BoardAugust 14, 2014August 14, 2014g 4, 4g 4, 4

ElementaryElementary Summer ServicesSummer ServicesKick Off to KindergartenKick Off to Kindergarten

Program DescriptionProgram Description

oFive classroomso79 studentso9 teachers (2 per classroom) and 1 for Migranto4 week transitional programoParticipation prioritized for students not having attended any formal pre‐school, at risk or English Language LearnersoFunded by First Five Grant/El Granada Title I


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Breakfast: Frozen Yogurt!

Centers


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Weekly Library Visits

ElementaryElementary Summer ServicesSummer Services

O Fo rteen classrooms

KindergartenKindergarten‐‐Fifth GradeFifth Grade

Program DescriptionProgram DescriptionSchool Day

8:00-8:15 Attendance, announcementsO Fourteen classrooms

O 14 teachers

O 313 Students

O 20 days

O K/1 Bridges funded by the Cabrillo

Education Fund (CEF)

O Grades 2‐5 funded by site

t i l d ll

announcements, daily agenda, morning message

8:15-9:45/10:00 Summer Success Reading instruction

9:45-10:00 K/1/2 Recess

10:00-10:15 3/4/5 Recess

10:00/10:15 Summer Successcategorical dollars

O 2 Buses

10:00/10:15-11:30

Summer Success Math Instruction

11:45-12:00 Closing, art, science, PE

12:00-12:30 Lunch


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Summer Success Math

Summer Success Reading


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Summer Success Reading

Using the Smart Board


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4/5 Physical Education

Building a Bridge Parent Training


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Building a Bridge and Positive Parenting Workshops 7/9 & 7/15

High School Summer ServicesHigh School Summer ServicesAventa Credit RecoveryAventa Credit Recovery

Credit Recovery took place in the Cunha library lab, and we purchased 60 seats library lab, and we purchased 60 seats from the Aventa Self‐Paced Online Learning Program.

We ran two sessions of Aventa over a five week period.

Students attended one of three sections each day for 1.5 hours.

As students completed a course, we enrolled them in any others they needed to make up. Once they were finally excused, we enrolled students on the waiting list.


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We enrolled a total of 102 students in Aventa over the course of the

High School Summer ServicesHigh School Summer ServicesAventa Credit RecoveryAventa Credit Recovery

summer; those who chose to attend (92), earned at least a semester of credit (5 credits).

The 10 students who did not earn credits dropped due to lack of attendance and (for two students) behavioral/effort issues.

32 students earned credits for 1 course 34 students earned credits for 2 courses 6 students earned credits for 3 courses 6 students earned credits for 4 courses6 stude ts ea ed c ed ts o 4 cou ses 7 students earned credits for 5 courses 1 student earned credits for 6 courses

In sum, our students completed 183 semester courses and earned 915 credits!

High School Summer ServicesHigh School Summer ServicesHigh School English Credit RecoveryHigh School English Credit Recovery

For the second year in a row, we offered l h d l l hEnglish courses in a traditional classroom rather

than via Aventa due to the demands of AventaEnglish coursework; this again proved to be an effective strategy.

All grade levels were combined, and students going into 10th to 12th grade earned credits as needed for English I through IV. This required a great deal of differentiated instruction and classroom/ behavior management!classroom/ behavior management!

The High School English classes were taught by Samina Azizi, who will be teaching at HMBHS this upcoming school year.


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High School Summer Services

We enrolled a total of 52 students in English in both or either sessions;

High School English Credit RecoveryHigh School English Credit Recovery

English in both or either sessions; Each session had a class of 35 students.

45 students out of the total enrolled earned at least a semester of credit (5 credits).

18 students attended both sessions and earned credit for two semesters

Seven students were dropped due to lack of attendance and (again for two students) behavioral/effort issues.

28 students earned credits for an English I semester 18 students earned credits for an English II semester 14 students earned credits for an English III semester 3 non-graduating students earned credits for an English IV

semester, bringing them closed to earning their diplomas Semester courses completed by 45 students = 315 Credits!Semester courses completed by 45 students = 315 Credits!

Extended School Year Services Extended School Year Services Special Education ServicesSpecial Education Services

Program DescriptionProgram DescriptionESY is provided for students to keep them from regressing in ESY is provided for students to keep them from regressing in

emerging skill areas. It is discussed by the IEP team to emerging skill areas. It is discussed by the IEP team to determine if a child will lose acquired skills and take determine if a child will lose acquired skills and take significant time to recoup those skills. significant time to recoup those skills.

CUSD provides ESY services to preschool through 22 years of CUSD provides ESY services to preschool through 22 years of age. Enrollment for 2014 ESY:age. Enrollment for 2014 ESY:g 4g 4

9 Preschool/kindergarten students

11 Grades 1‐3 students




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The PreThe Pre‐‐K SDC did table top activities, K SDC did table top activities, calendar/circle time and took a fieldtrip to calendar/circle time and took a fieldtrip to the beach where they saw fish and made the beach where they saw fish and made

sand castles.sand castles.

The 1The 1stst –– 33rdrd SDC had a visitor for ESY, SDC had a visitor for ESY, Pete the Cat Pete the Cat was very well liked.was very well liked.


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SDC 3 SDC 3 –– 55thth grades worked hard and played hard. They had grades worked hard and played hard. They had centers/small groups in reading, math and writing every day with Art centers/small groups in reading, math and writing every day with Art

or Free Choice time before lunch.or Free Choice time before lunch.

The 6The 6thth –– 1212thth grade SDC worked on skill maintenance in the core areas of grade SDC worked on skill maintenance in the core areas of language arts, reading, math, life skills and physical education.language arts, reading, math, life skills and physical education.

OO Our novel was The Hunger Games.Our novel was The Hunger Games. We conducted our own Hunger Games on We conducted our own Hunger Games on the field in which the kids were put in teams and ran through the following the field in which the kids were put in teams and ran through the following stations:stations:1) Answer a question about the novel & forage for edible plants on campus1) Answer a question about the novel & forage for edible plants on campus2) Answer another question and use fishing poles with magnets to gather 2) Answer another question and use fishing poles with magnets to gather magnetic fish.magnetic fish.

OO 3) Answer another question and shoot a bow and arrow.3) Answer another question and shoot a bow and arrow.

OO 4) Answer a final question and eat berries from 4) Answer a final question and eat berries from PanemPanem (the country in which (the country in which the novel is set)the novel is set)We timed them and the fastest team won.We timed them and the fastest team won.


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Migrant Education Program Summer Migrant Education Program Summer ServicesServices

Provided services to 20, 31/2 and 4 years old migrant students:Provided services to 20, 31/2 and 4 years old migrant students:

PrePre‐‐school Services school Services

3 y g3 y g

Center based instruction, parent/child groups, 3 hour long sessions

Literacy, number recognition, colors, numbers 1 trough 5 and activities to develop early motor skills

Pre and post assessments to identify service needs and to make individualized learning plans

Kinder Readiness Academy Kinder Readiness Academy served 20 preschool students in t hi ith thpartnership with the

Kick Off to Kindergarten program

Migrant Education Program Summer ServicesMigrant Education Program Summer Services

Extended Learning Packets and Group Tutorial K to 8Extended Learning Packets and Group Tutorial K to 8thth grade:grade:

Kinder to 5Kinder to 5thth Grade Services Grade Services

g pg p gg4 tutorial groups every Thursday evening for 2 hrs. for an average of 40 students per session

Total of 98 students. We had community volunteers and parent volunteers helping at these tutorial groups.

Vision screening, height and weight screening, leadership workshops and transportation were also provided.

The migrant program, in collaboration with other community agencies, provided school supplies through a backpack distribution for all participantsschool supplies through a backpack distribution for all participants


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College Readiness Workshop:College Readiness Workshop:

66thth to 12to 12thth Grade Services Grade Services

o ege ea e o opo ege ea e o opMonth long program focused in preparing migrant students for college, including SAT prep, Math and English tutoring, College visitations and counseling support for application process

Transitional ClassesTransitional Classes

5th to 6th and 8th to 9th including language development, math skills, college visits, utilizing research skills. Students started to earn community service hours.

* Backpacks and transportation provided for all summer program migrant students.


Parent Orientation for all Migrant Summer Activities

Parent ServicesParent Services

Parent Orientation for all Migrant Summer Activities

8 sessions of Parenting Classes; Served 65 parents

School Supplies provided for all Migrant students


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Our District Summer goal was to serve 165 Pre‐K to 12th grade Migrant Students with

AccomplishmentsAccomplishments

Our District Summer goal was to serve 165 Pre K to 12 grade Migrant Students with at least three meaningful services for each student

As of today we have served 135135 Migrant Students through all of our migrant summer activities

Our Migrant program has created new community partnerships and has strengthened our existing community collaboration in the common effort of keeping our students academically active year round

All Migrant staff worked closely together to provide quality services to migrant students and their families

“It is amazing how much you can accomplish when it doesn’t matter “It is amazing how much you can accomplish when it doesn’t matter who gets the credit.” Unknownwho gets the credit.” Unknown



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.a BOARD AGENDA ITEM: Approve the Annual Submission of Phase I of the

Consolidated Application & Reporting System DEPARTMENT: Business Services CONTACT PERSON: Crystal Leach, Director of Business Services BACKGROUND INFORMATION: Each year, the District is required to submit an application for funding categorical aid programs in which the district participates known as the Consolidated Application & Reporting System (CARS). These programs include:

EIA/LEP – Economic Impact Aid for Limited English Proficient Students Title I Basic Grant Title II Teacher Quality Title III (LEP)

REPORT/PROPOSAL: The document confirms with the California Department of Education which state and federal programs Cabrillo Unified School District is eligible for and will be participating in. FINANCIAL IMPACT: There is no financial impact to the general fund. RECOMMENDATION: Approve the Annual Submission of Phase I of the Consolidated Application & Reporting System.


Cabrillo Unified (41 68890 0000000) Status: CertifiedSaved by: Crystal Leach

Date: 6/30/2014 5:51 PM

2014-15 Certification of AssurancesSubmission of Certification of Assurances is required every fiscal year. A complete list of legal and program assurances for the fiscal year can be found at http://www.cde.ca.gov/fg/aa/co/ca14asstoc.asp

CDE Program Contact:Anne Daniels, Education Data Office, [email protected], 916-319-0640

LEA Plan

An LEA that receives Title III funds, or any LEA that receives Title I funds and is in Program Improvement corrective action must certify that its LEA Plan, including any Addenda to the Plan, is current and provide the local online web address for their LEA Plan. An LEA that receives Title III funds and is in Title III Improvement status must post their Improvement Plan in the California Accountability and Improvement System (CAIS) at http://www.cde.ca.gov/ta/ac/ca/.

State Board of Education approval date 7/11/2003

LEA Plan Web page www.cabrillo.k12.ca.us

Consolidated Application Certification Statement

I hereby certify that all of the applicable state and federal rules and regulations will be observed by this applicant; that to the best of my knowledge the information contained in this application is correct and complete; and I agree to have the use of these funds reviewed and/or audited according to the standards and criteria set forth in the California Department of Education's Categorical Program Monitoring (CPM) Manual. Legal assurances for all programs are accepted as the basic legal condition for the operation of selected projects and programs and copies of assurances are retained on site. I certify that we accept all assurances except for those for which a waiver has been obtained or requested. A copy of all waivers or requests is on file. I certify that actual ink signatures for this page are on file.

Authorized Representative's Full Name Crystal Leach

Authorized Representative's Signature

Authorized Representative's Title CBO

Authorized Representative Signature Date 06/30/2014

Page 1 of 5Report Date:7/23/2014 R02

California Department of Education Consolidated Application



Date: 6/30/2014 5:51 PM

2014-15 Protected Prayer CertificationESEA Section 9524(b) specifies federal requirements regarding constitutionally protected prayer in public elementary and secondary schools. This form meets the annual requirement and provides written certification.

CDE Program Contact:Franco Rozic, Title I Monitoring & Support, [email protected] , 916-319-0269Mary Payne, District Improvement Office, [email protected] , 916-319-0379

Protected Prayer Certification Statement

The LEA hereby assures and certifies to the California State Board of Education that the LEA has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public schools as set forth in the "Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools."

The LEA hereby assures that this page has been printed and contains an ink signature. The ink signature copy shall be made available to the California Department of Education upon request or as part of an audit, a compliance review, or a complaint investigation.

The authorized representative agrees to the above statement Yes

Authorized Representative's Full Name John Corry

Authorized Representative Title Asst. Superintendent

Authorized Representative Signature Date 06/19/2014

Comment

If the LEA is not able to certify at this time an explanation must be provided in the Comment field.





Date: 6/30/2014 5:51 PM

2014-15 Application for Funding


Local Governing Board Approval

The LEA is required to review and receive approval of their Application for Funding selections with their local governing board.

Date of approval by local governing board 08/14/2014

District English Learner Advisory Committee (DELAC) Review

Per Title 5 of the California Code of Regulations Section 11308, if your district has more than 50 English learners the district must establish a District English Learner Advisory Committee (DELAC) and involve them in the application for funding for programs that serve English learners.

DELAC representative's full name Armando Lopez

DELAC review date 08/01/2014

Meeting minutes web address www.cabrillo.k12.ca.us

Please enter the Web address of DELAC review meeting minutes. If a Web address is not available, the LEA must keep the minutes on file which indicates that the application is approved by the committee.

DELAC comment

If an advisory committee refused to review the application, or if DELAC review is not applicable, enter a comment.

Application for Categorical Programs

To receive specific categorical funds for a school year the LEA must apply for the fund by selecting Yes. Only the categorical funds the LEA is eligible to receive are displayed.

Economic Impact Aid Yes

EC 54000 SACS 7090, 7091</br>With continued participation in the Economic Impact Aid program the LEA is agreeing to comply with the assurance posted at http://www.cde.ca.gov/fg/aa/co/ca13asstoc.asp.

Title I Part A (Basic Grant) Yes

ESEA Sec. 1111 et seq.SACS 3010

Title I Part D (Delinquent) No

ESEA Sec. 1401SACS 3025

Title II Part A (Teacher Quality) Yes





Date: 6/30/2014 5:51 PM

2014-15 Application for Funding



Title III Part A Immigrant Yes


Title III Part A LEP Yes






Date: 6/30/2014 5:56 PM

2014-15 Substitute System for Time AccountingThis certification may be used by auditors and by CDE oversight personnel when conducting audits and sub-recipient monitoring of the substitute time-and-effort system. Approval is automatically granted when the LEA submits and certifies this data collection.

CDE Program Contact:Julie Brucklacher, Financial Accountability & Info Srv, [email protected], 916-327-0858

The LEA certifies that only eligible employees will participate in the substitute system and that the system used to document employee work schedules includes sufficient controls to ensure that the schedules are accurate. Additional information on the predetermined schedule substitute system of time accounting can be found at http://www.cde.ca.gov/fg/ac/co/timeaccounting2013.asp. Detailed information on documenting salaries and wages, including both substitute systems of time accounting, are described in Procedure 905 of the California School Accounting Manual posted on the Web at http://www.cde.ca.gov/fg/ac/sa/.

2014-15 Request for authorization No

LEA certifies that the following is a full disclosure of any known deficiencies with the substitute system or known challenges with implementing the system

(Maximum 500 characters)




Gustavo Gonzalez, EIA / LEP, [email protected], 916-319-0420Mark Klinesteker , EIA / SCE, [email protected] , 916-319-0256

CDE Program Contact:

Group schools by grade span No

Funding method LEP Only

NOTE: If the LEA has selected to fund LEP Only, no additional action or data entry is required for the Economic Impact Aid School Funding Plan. The Plan should be saved in order to certify the data collection.

School Name School Code Grade Span Group Projected Enrollment

Projected Low Income Students

Low Income % Projected LEP Students

LEP %

Pilarcitos Alternative High (Continuation) 4130027 3 39 29 74.36 30 76.92

El Granada Elementary 6043624 1 504 269 53.37 268 53.17

Alvin S. Hatch Elementary 6043616 1 667 301 45.13 311 46.63

Farallone View Elementary 6043632 1 352 150 42.61 133 37.78

Manuel F. Cunha Intermediate 6043665 2 734 312 42.51 268 36.51

Half Moon Bay High 4132817 3 996 354 35.54 262 26.31

Kings Mountain Elementary 6043657 1 73 6 8.22 4 5.48

Page 1 of 1Report Date: 7/23/2014 R03

Cabrillo Unified (41 68890 0000000)

2014-15 Economic Impact Aid School Funding Plan

California Department of Education Consolidated ApplicationStatus: Certified

Saved by: Crystal LeachDate: 6/30/2014 5:51 PM

Based on information provided in the School Student Counts Projected data collection, the table below provides eligibility and ranking information.


Jyoti Singh, Title I Policy & Program Guidance, [email protected] , 916-319-0372Rina DeRose-Swinscoe, Title I Policy & Program Guidance, [email protected], 916-323-0472


The LEA must offer to provide equitable services that address the needs of nonprofit private school students and staff under the programs listed below. The enrollment numbers are reported under penalty of perjury by each private school on its annual Private School Affidavit. The information filed in the Private School Affidavit is not verified, and the CDE takes no position as to its accuracy. It is expected that districts engaged in private school consultation verify nonprofit status and the accuracy of student enrollment data if it is being used for the purpose of providing equitable services.

Note:

The LEA of residence is responsible for providing Title I Part A services to all eligible students who reside in the LEA's Title I attendance area but attend a private non-profit school. This includes students who attend nonprofit private schools outside the LEA's boundaries.

School Name School Code

Enrollment Participating Affirmation On File

Low Income Student Count

Direct Services

Contract Services

School Added

Sea Crest School 7093735 274 N N N N N



2014-15 Title I, Part A Nonprofit Private School Participation



The LEA shall provide, on an equitable basis, special educational services or other benefits to nonprofit private school eligible children.


Nancy Bodenhausen, Title I Policy & Program Guidance, [email protected], 916-445-4904Lana Zhou, Title I Policy & Program Guidance, [email protected], 916-319-0956


If an exception to funding is needed, enter an Exception Reason. Use lower case only.

Allowable Exception Reasons a - Meets 35% Low Income Requirement c - Funded by Other Allowable Sources d - Desegregation Waiver on File e - Grandfather Provision f - Feeder Pattern g - Local Funded Charter Opted Out h - Local Funded Charter Opt In

Low income measure FRPM

Group Schools by Grade Span No

District-wide Low Income % 42.23%

Grade Span 1 Low Income % 45.49%




Grade Span Group

Projected Enrollment

Projected Low

Income Students

Low Income

%

Eligible Funding Required

Ranking Fund Flag

Exception Reason

Comment

Pilarcitos Alternative High (Continuation) 4130027 3 39 29 74.36 Y N 1 N c Additional resources provided

through LCAP

El Granada Elementary 6043624 1 504 269 53.37 Y N 2 Y

Alvin S. Hatch Elementary 6043616 1 667 301 45.13 Y N 3 Y



2014-15 Title I, Part A Planned School Allocations



Based on information provided in the School Student Counts data collection, the table below provides eligibility and ranking information. For school allocation planning, the LEA has indicated which schools it intended to allocate Title I Part A funds to by entering a check in the Fund column.



Grade Span Group

Projected Enrollment

Projected Low

Income Students

Low Income

%

Eligible Funding Required

Ranking Fund Flag

Exception Reason

Comment

Farallone View Elementary 6043632 1 352 150 42.61 Y N 4 N c Additional resources provided

through LCAP

Manuel F. Cunha Intermediate 6043665 2 734 312 42.51 Y N 5 Y

Half Moon Bay High 4132817 3 996 354 35.54 N N 6 N c Additional resources provided

through LCAP

Kings Mountain Elementary 6043657 1 73 6 8.22 N N 7 N c Additional resources provided

through LCAP



2014-15 Title I, Part A Planned School Allocations



Based on information provided in the School Student Counts data collection, the table below provides eligibility and ranking information. For school allocation planning, the LEA has indicated which schools it intended to allocate Title I Part A funds to by entering a check in the Fund column.


Laura Nelson, Private School List, [email protected] , 916-319-0229Patty Stevens, Title III Language Policy & Leadership Office, [email protected] , 916-323-5838


Title II, Part A Improving Teacher and Principal Quality

The LEA must offer to provide Title II, Part A equitable services that address the needs of nonprofit private school students, teachers and other educational personnel. The enrollment numbers are reported under penalty of perjury by each private school on its annual Private School Affidavit. The information filed in the Private School Affidavit is not verified and the CDE takes no position as to its accuracy. It is expected that districts engaged in private school consultation verify nonprofit status and the accuracy of student enrollment data if it is being used for the purpose of providing equitable services.

Note: Non-unified elementary and/or high school districts that have applied for Title II, Part A funds have the option to add a shared attendance area nonprofit private school if they wish to share responsibility for that school's Title II equitable services.

Title III, Part A Limited English Proficient Student Subgrant Program

On an annual basis, the LEA must consult with all private schools within its boundaries, as to whether the private school students and teachers will participate in the Title III, Part A English Language Acquisition, Language Enhancement, and Academic Achievement Program. Consultation must be done during the design and development of programs and before decisions are made that affect the opportunities of students and teachers to participate. LEAs may not require documentation that poses an administrative barrier that is inconsistent to their responsibility to ensure equitable participation of private school students and teachers.

School Name School Code Enrollment Consultation Occurred?

Title II, Part A Participation

Title III, Part A LEP

Participation

School Added Comment

Sea Crest School 7093735 274 Y N N N



2014-15 Other ESEA Nonprofit Private School Participation



The LEA must offer to provide equitable services that address the needs of nonprofit private school students, teachers and other educational personnel under the programs listed below.



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.b BOARD AGENDA ITEM: Approve Certificated Personnel Report DEPARTMENT: Personnel CONTACT PERSON: John Corry, Assistant Superintendent, Personnel and

Pupil Services BACKGROUND INFORMATION: The following personnel items are submitted for your ratification/approval. 1. OFFERS OF ADMINISTRATIVE EMPLOYMENT FOR 2014-2015

Ronald Campana, Principal, Half Moon Bay High School, effective July 1, 2014. Jarrett Dooley, Principal, Cunha Intermediate School, effective July 1, 2014.

Angelica Fernandez, School Psychologist, Multiple Sites, effective July 1, 2014.

Javier Gutierrez, Assistant Principal, Cunha Intermediate School, effective July 1, 2014.

Tiffany Zammit, Assistant Principal, Half Moon Bay High School, effective August 1, 2014. Katie Duggan, Specialized Programs Coordinator, effective August 6, 2014.

2. OFFERS OF TEMPORARY EMPLOYMENT FOR 2014-15

Employee Assignment FTE Site Date

Ajayi-Dopemu, Sara Reading Specialist 1.0 El Granada 8/20/2014

Azizi, Samina English Teacher 1.0 HMBHS 8/20/2014


2. OFFERS OF TEMPORARY EMPLOYMENT FOR 2014-15 (continued)

Employee Assignment FTE Site Date Barrera-Cruz, Angelica

1st Grade Immersion Teacher 1.0 Hatch 8/20/2014

Bendana, Lizeth Science/Intervention Teacher .65 PHS 8/20/2014

Brown, Thomas Math Teacher 1.0 HMBHS 8/20/2014

Calhoun, Avis 3rd Grade Teacher 1.0 Hatch 8/20/2014

Callaway, Taylor Speech/Language Therapist

1.0 Multi 8/20/2014

Coburn, Courtney School Counselor 1.0 HMBHS 8/20/2014

Fitzgerald, Erin 4th Grade Teacher 1.0 FV 8/20/2014

Gonzalez-Heldmaier, Angelle P.E. Teacher .3 FV 8/20/2014

Henderson, Anita Intervention Teacher 1.0 FV 8/20/2014

Jeffs, Rebecca 3rd Grade Teacher 1.0 FV 8/20/2014

Laituri, Dominic English/ELD Teacher 1.0 HMBHS 8/20/2014

Lindgreen, Gretchen Counselor 1.0 Cunha 8/20/2014

Obando, Sergio 3rd Grade Immersion 1.0 Hatch 8/20/2014

Sage, Rachael 2nd Grade Teacher 1.0 FV 8/20/2014

Schuppert, Patricia Biology Teacher 1.0 HMBHS 8/20/2014

Serpa, Nicole 3rd Grade Teacher 1.0 El Granada

8/20/2014

Svendsen, Pilar History Teacher 1.0 HMBHS 8/20/2014

Van Wyngaarden, Richard History Teacher 1.0 HMBHS 8/20/2014


3. RETURN FROM LEAVE OF ABSENCE

Employee Assignment FTE Site Date Hughes, Dudley Alternative Education

Teacher 1.0 PHS 8/20/2014

Ryckebusch, Anne Spanish Teacher 1.0 HMBHS 8/20/2014 Murray, Shannon Intervention Teacher 1.0 Hatch 8/20/2014

4. APPROVAL OF SALARY SCHEDULE FOR PILARCITOS HIGH

SCHOOL PRINCIPAL

The Pilarcitos High School Principal shall be assigned a salary position from the Middle School Principal salary schedule. Middle School Principal: 210 Work Days YEARS 1 2 3 4 5 6 7 SALARY $99,818 $101,814 $103,851 $105,928 $108,046 $110,207 $112,411

5. RESIGNATIONS

Natalie Zisko, Principal, El Granada Elementary School, effective July 31, 2014. Bryce Hadley, English Teacher, Half Moon Bay High School, effective June 13, 2014.

6. CHANGE IN ASSIGNMENT

Robin Olmstead, School Counselor, Half Moon Bay High School, previously School Counselor, Cunha Intermediate School, effective August 20, 2014. Kerra DeMartini, Resource Specialist, Half Moon Bay High School, previously Resource Specialist, El Granada Elementary School, effective August 20, 2014.

FINANCIAL IMPACT: Financial impact is included in the budget. RECOMMENDATION: Approve the Certificated Personnel report.



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.c BOARD AGENDA ITEM: Approve Classified Personnel Report DEPARTMENT: Personnel CONTACT PERSON: John Corry, Assistant Superintendent, Personnel and

Pupil Services BACKGROUND INFORMATION: The following personnel items are submitted for your ratification/approval.

1. RESIGNATION

Leah Garcia, Paraprofessional Special Ed II, Cunha Intermediate School, effective June 12, 2014. Raina Schally, Paraprofessional Special Ed II, El Granada Elementary School, effective June 12, 2014.

Fernando Ramos, Custodian II, Cunha Intermediate School, effective June 30, 2014.

2. OFFERS OF EMPLOYMENT FOR 2014-2015

Employee Position Site

Jorge Betancourt Administrative Assistant III HMBHS

Judith Carrillo School/Community Relations Assistant

FV

Hilda Flores Paraprofessional Special Ed II EG

Dena Grover Library Technician Cunha

Joel Kirk Library Technician HMBHS

Robin Murphy Paraprofessional Special Ed II EG

Jezabel Wilkinson School/Community Relations Assistant

Hatch


3. PROMOTIONS

Crystal Leach, Chief Business Official, District Office, previously Director of Fiscal Services, District Office, effective July 1, 2014. Miriam Serrano-Gandara, Administrative Assistant Migrant/Categorical, District Office, previously School/Community Relations Assistant, Hatch Elementary and Clerical Assistant I, District Office, effective July 1, 2014. Cristal Hernandez, Migrant Program Advocate, District Office, previously School/Community Relations Assistant, Farallone View Elementary School, effective August 25, 2014.

4. CHANGE IN ASSIGNMENT

Rob McGovern, School Bus Driver, Transportation Department, increase in daily hours from 6.0 to 6.5 effective August 22, 2014. Maria Tiran, Paraprofessional Special Ed II, Half Moon Bay High School, previously Paraprofessional Special Ed II, Hatch Elementary School, effective August 25, 2014. Yadira Acosta, ASB Account Assistant, Half Moon Bay High School, previously Office Technician, District Office, effective August 11, 2014. Catherine Gray, Clerical Assistant II, Hatch Elementary School, previously Paraprofessional Special Ed II, El Granada Elementary School, effective August 20, 2014.

5. APPROVAL OF JOB DESCRIPTION FOR SUPERVISOR OF MAINTENANCE, OPERATIONS AND TRANSPORTATION

Under the general direction and supervision of the Chief Business Official, serves as a member of the school sites and district management teams. Is responsible for planning and supervising the District’s maintenance, operations and transportation programs; inspects and evaluates the performance of assigned personnel; performs skilled and semi-skilled work in one or more maintenance trades; and performs other related duties as directed.

FINANCIAL IMPACT: Financial impact is included in the budget. RECOMMENDATION: Approve the Classified Personnel report.


Cabrillo Unified School District Half Moon Bay, CA 94019

Job Description

SUPERVISOR OF MAINTENANCE, OPERATIONS AND TRANSPORTATION

Basic Function: Under the general direction and supervision of the Chief Business Official, serves as a member of the school sites and district management teams. Is responsible for planning and supervising the District’s maintenance, operations and transportation programs; inspects and evaluates the performance of assigned personnel; performs skilled and semi-skilled work in one or more maintenance trades; and performs other related duties as directed. Work Schedule: 243 days/fiscal year Representative Duties:

• Assigns, directs, coordinates, and supervises the work of maintenance, custodial, grounds, and transportation workers

• Schedules and supervises the maintenance, operations, and transportation (MOT) services throughout the District, inspecting, checking, and training for proper utilization of time, materials, and equipment

• Consult with the construction supervisor as bond projects are planned and implemented • Identifies and assesses maintenance needs and establishes priorities for District maintenance

and facilities projects • Inspects buildings to determine if proper custodial methods and standards are followed and

maintained • Gives instructions, as necessary, to employees on the use of materials and equipment in the

performance of their duties • Tests and evaluates new products, materials, and equipment and makes appropriate

recommendations • Assists in the selection of MOT personnel and evaluates their performance • Coordinates and provides for in-service training of all MOT personnel • Is responsible for the development and implementation of procedures designated to improve

plant safety and protect school property • Monitors work performed by contractors on District facilities and assists in planning and

coordinating such work • Plans for accommodating community use of school buildings and grounds • Develops and monitors bus schedules for the home-school transportation program • Performs skilled and semi-skilled maintenance and repair work • Schedules preventative maintenance, servicing, and overhauling of District automotive and

mechanical equipment • Reviews and approves supply and equipment requisitions • Maintains records and prepares reports including hazardous materials compliance

requirements • Develops and implements the District’s deferred maintenance and facilities plans • Attends meetings of the Governing Board and District staff as directed • Is available and “on-call” for District security and emergency needs • Performs other related duties as assigned


• Performs such non-related duties as may be required to meet immediate District needs

Knowledge of:

• Standard practices of maintenance, custodial and grounds trades, including the methods, materials, terms and equipment used in installation, alteration and repair

• Principles and practices of administration, supervision and training • Principles and practices of record keeping, budgeting, expenditure, and inventory control • Safety rules, codes and regulations applied to building, maintenance, and transportation

programs

Abilities: • Budget, forecast, and plan using business management applications such as databases and

spreadsheets • Plan, organize, coordinate and direct work of others in a supervisory capacity • Plan, prioritize and organize a variety of maintenance, facility and repair projects • Evaluate, plan and schedule work • Use and operate safely a variety of hand tools, power tools, and other equipment used for

building maintenance purposes • Draw up basic plans and specifications for maintenance projects • Read, interpret and work from drawings and blue prints • Understand and carry out a variety of complex instructions in an independent manner • Diagnose maintenance and repair problems quickly and effectively, and take appropriate

action to resolve same • Keep records and prepare reports • Prepare accurate time and material estimates for maintenance and facilities projects • Communicate effectively in both oral and written forms • Establish and maintain cooperative and effective work relationships with others • Perform heavy manual labor; lift and carry up to 50 pounds • Drive vehicle to work sites; use legal and safe driving practices • Follow District policies and procedures • Dexterity of hands and fingers to operate a computer and office equipment, sitting or

standing for extended periods of time, hearing and speaking to exchange information on the telephone or in person, vision to read documents, reaching horizontally and above the shoulders to retrieve files and supplies, and lifting objects weighing up to 20 pounds.

Qualifications:

Graduation from high school; AA or BA/BS degree desirable. Valid California Driver’s License required.

Experience:

• One year journeyman level duties in electrical, plumbing or carpentry trades • Experiencing managing projects, supervising personnel and coordinating services with other

management personnel



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.d BOARD AGENDA ITEM: Approve a Revised Contract for the Superintendent DEPARTMENT: Personnel CONTACT PERSON: John Corry, Assistant Superintendent, Personnel and Pupil

Services

BACKGROUND INFORMATION: Tony Roehrick began his service as the Superintendent for the Cabrillo Unified School District on July 1, 2012. The initial contract approved by the Governing Board provided a four-year term of service, which was to be automatically renewed given a positive evaluation of the Superintendent’s performance from the Governing Board. Dr. Roehrick met with the Governing Board this spring to negotiate certain revisions to the contract. Through this process, the Governing Board, represented by Counsel, has agreed to the proposed contract. REPORT/PROPOSAL: The proposed revisions to the Superintendent’s contract are as follows:

1. Extend the length of the contract through June 30, 2018. The Superintendent has received positive evaluations from the Governing Board in each of the prior two years; therefore this extension has been automatically applied.

2. Establish a salary schedule that is consistent with salary schedules established by the Governing Board in June 2013 for all other non-represented employees. The proposed schedule establishes seven steps with a 2% increase at each step. The Superintendent’s current contract provides the same level of salary increase as provided to other senior management employees, therefore this change only establishes the salary schedule, but does not provide any additional financial increase that would otherwise be provided under current language.

3. Place the Superintendent’s vacation days outside of the established 225 day work year. The current contract provides the Superintendent 20 vacation days per year that are to be taken against the 225 day work year, thereby reducing the number of service days for the Superintendent to 205. The proposed revision would set the work year at 225 days and establish vacation days as outside of the work year, thereby providing the District with an additional 20 days of actual service each year. An additional change is to compensate the Superintendent for any vacation day worked beyond the 225 day work year.


4. Modify how the Superintendent notifies the Governing Board that he is fit for duty each year following a required annual physical. Current language requires the Superintendent place a copy of a notice of fitness from his physician in his personnel file annually. The revised language simply requires an annual notice from the Superintendent’s physician be provided to the Governing Board that the Superintendent is physically and mentally fit to perform his duties.

5. Modify language that permits the Governing Board to remove the Superintendent should he be found to be physically or mentally unfit to perform his duties for a period of six months or greater. The proposed revision maintains the Governing Board’s right to remove the Superintendent from duty under these conditions, however provides the Superintendent the ability to utilize existing sick leave to continue compensation and medical benefits.

FINANCIAL IMPACT: The financial impact is embedded within the proposed contract. RECOMMENDATION: Approve a revised contract for the Superintendent.


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CABRILLO UNIFIED SCHOOL DISTRICT EMPLOYMENT AGREEMENT FOR DISTRICT SUPERINTENDENT

PREAMBLE

This Agreement is hereby entered into by and between the Governing Board of the Cabrillo Unified School District, hereinafter referred to as “Governing Board” or as “District,” and Tony Roehrick, hereafter referred to as “Superintendent.”

TERMS OF EMPLOYMENT

I. AGREEMENT TERM

The Governing Board shall employ Tony Roehrick as District Superintendent of the Cabrillo Unified School District for a term of four years, commencing July 1, 2014 and ending on June 30, 2018, subject to the terms and conditions hereinafter set forth. The term shall be automatically extended by one year, annually, upon receipt of a summary evaluation, which indicates that the Superintendent’s performance meets the Governing Board’s expectations. Such extension, however, shall occur by formal Board action if the extension, in combination with section II(2) below would or could potentially result in a compensation increase that exceeds a cost-of-living adjustment in excess of the amount set forth in Government Code sections 3511.1 and 3511.2.

II. COMPENSATION

1. Beginning July 1, 2014, the Superintendent’s annual total compensation salary shall be one hundred seventy-three thousand, seven hundred forty-seven dollars ($173,747.00), paid in twelve equal monthly installments. This amount shall be prorated for a partial year of service.

2. Commencing in 2014-2015, and every year thereafter, Superintendent shall receive

the same cost of living increase granted to other District management employees. In addition, for each year of service, the Superintendent shall advance one step on a Governing Board approved salary schedule for his position, the increments of which shall be the same percentage as the salary schedules approved by the Governing Board for all other management positions. Any other adjustments in salary made during the term of this Agreement shall be in the form of an amendment and shall become part of this Agreement, but any failure to attach the adjusted salary amount as an amendment shall not affect the validity or amount of any such adjustment. Subject to the exception provided herein, the Superintendent’s salary shall not be reduced below the initial salary stated in this Agreement, or any subsequent increase once the increase becomes effective, provided, however, that such salary shall be reduced by the same proportion as reductions which may occur in certificated management employees’ salaries.

III. DUTIES AND RESPONSIBILITIES

1. Superintendent shall serve as Chief Executive Officer of the Governing Board pursuant to sections 35035 and 35040 of the Education Code, and the


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Superintendent’s job description, attached hereto and incorporated herein by reference.

2. Governing Board shall retain primary responsibility for formulating and adopting said policy. Subject to Governing Board approval, the Superintendent shall have the authority and responsibility to:

• Organize or reorganize the administrative/supervisory staff to best serve the District;

• Recommend placement, transfer, and reassignment of all personnel;

• Review criticisms, complaints, or suggestions referred to the Superintendent by the Governing Board and to make appropriate recommendations for disposition to the Governing Board;

• Administer the instructional and business affairs, personnel, and property management affairs of the District;

• Review policies and make recommendations to the Governing Board;

• Evaluate employees; and

• Represent the Governing Board in all employer-employee matters.

3. All powers and duties that may lawfully be delegated to the Superintendent are to be performed and executed by him in accordance with the policies adopted by the Governing Board. These policies shall include a complete position description to be developed by the Governing Board and Superintendent that shall be incorporated herein by reference.

IV. WORK YEAR AND VACATION

Superintendent shall render service to the Cabrillo Unified School District during each annual period covered by this Agreement, except as may be hereinafter provided. The total number of workdays of service so rendered by the Superintendent to the District on an annual basis shall be two hundred twenty-five (225) days. In each school year, a calculation of the total number of workdays (total days per year, less weekends and legal and Board approved holidays) shall be made. 225 workdays shall be subtracted from this total to determine the annual number of vacation days provided to Superintendent for that school year, prorated for service of less than a complete year. Unused vacation time shall be paid on a per diem basis annually on or about July 1 (for the prior year) and applies to all vacation time earned since the date of original employment, July 1, 2012.

V. PROFESSIONAL DEVELOPMENT

Superintendent shall endeavor to maintain and improve his professional competence by all available means, including subscription to and reading of appropriate periodicals, maintenance of membership in appropriate professional organizations, and attendance at professional meetings at the local, state, and national level, with Governing Board


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approval. The District shall pay for the Superintendent’s dues to join the Association of California School Administrators (ACSA) and one local service club. Superintendent may approach the Governing Board about any other professional organizations that he wishes to join. Superintendent shall request permission from the Governing Board for his attendance at out-of-state meetings and periodically report to the Governing Board his appraisal of the meetings. Superintendent is also encouraged to obtain additional academic training/staff development in such areas as school finance, budget, curriculum theory, staff development and related topics. When Superintendent participates in such programs or activities at the approval of the Governing Board, Superintendent shall be compensated for actual and necessary expenses that are incurred. When appropriate, the Superintendent will promptly submit receipts related to all such activities delineated in this section.

VI. MEDICAL EXAMINATION

Superintendent shall have a comprehensive medical examination at least once each year from the initial date of employment with the District, unless otherwise authorized or directed by the Governing Board. The report of the physical examination shall be given directly to the Superintendent; however, the examining physician shall advise the Board in writing of the Superintendent’s continued physical and/or mental fitness to perform the duties of Superintendent. All costs and expenses of said medical examination and report shall be paid by the District.

VII. EVALUATION

The Governing Board and Superintendent shall develop a process, timelines and instrument for the Superintendent’s evaluation by March 31, 2013. The Evaluation Procedure and Instrument shall be incorporated into this Agreement as an Addendum.

VIII. FRINGE BENEFITS

1. Health and Welfare: During the term of this Agreement, the Superintendent shall be entitled to receive the same medical, dental, vision, paid prescription benefits and/or other programs under the same terms and conditions available to District administrators who were employed by the District on or before June 30, 2011.

2. Expense Reimbursement: District shall reimburse Superintendent for all actual and necessary expenses incurred within the scope of employment. Reimbursement shall be in accordance with Governing Board policy and District budget. Expenses not budgeted for may be responsibility of the Superintendent.

3. Vehicle Allowance: The Superintendent shall receive a monthly allowance of $600 to cover all mileage and vehicle expenses incurred for travel within the county. The Superintendent shall be reimbursed at the Board approved mileage rate for travel outside the county on District business.

4. Technology: The Superintendent shall be provided a District paid cell phone (monthly charges for which will be paid for by the District) and computer for District-related and personal use.


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IX. SICK LEAVE

The Superintendent shall accrue sick leave at the rate of twelve (12) days per Agreement year. In accordance with California Education Code, sick leave shall be transferred upon the Superintendent leaving the District.

X. PROFESSIONAL CONSULTATION

Nothing herein shall prohibit the Superintendent from using earned vacation days to undertake consultative work, speaking engagements, writing, lecturing, or other professional duties and obligations provided that such undertakings do not interfere with the Superintendent’s performance of duty under this Agreement. The Governing Board may authorize the Superintendent to undertake any of these activities as part of his regular duty if the Governing Board concludes that such work would bring recognition to the District, its faculty, or its students.

XI. CHANGES IN OR TERMINATION OF AGREEMENT

1. This Agreement is subject to modification by the mutual written agreement of the Governing Board and the Superintendent at any time.

A. This agreement may be changed or terminated by mutual consent of the

parties: provided, however, that the parties seeking such change or termination shall give not less than ninety (90) days written notice to the other party.

B. In the event the Superintendent accepts a position outside of the District, the

Governing Board and the Superintendent will mutually agree on a timeline for said departure during which period of time the Superintendent will continue to perform his duties.

2. In addition to the termination of this Agreement by mutual consent, this Agreement

may be terminated for the following reasons: A. Disability of the Superintendent:

Superintendent may be removed from his position by the Governing Board should he be unable to serve in his position due to physical and/or mental disability, which, in the opinion of the Governing Board and supported by written evaluation provided by a licensed physician selected by the Governing Board, and a second written evaluation by a licensed physician selected by the Superintendent, indicates that the Superintendent will be unable to perform the duties of his position for at least six continuous months. Immediately upon Governing Board receipt of such evaluations indicating that the Superintendent will be unable to perform the duties of his position for at least six continuous months, the Superintendent shall indicate to the Governing Board in writing to what extent, if any, he elects to utilize available sick leave upon his removal from the superintendency. The Superintendent


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shall continue to be compensated and the District shall continue to pay the Superintendent’s current medical, vision, and dental benefit levels during the duration of time that sick leave is being utilized. This Agreement shall be terminated at the conclusion of the Superintendent’s utilization of sick leave, or immediately upon receipt of the evaluations referred to above should the Superintendent elect not to utilize available sick leave.

B. Credential

Failure of Superintendent to maintain a valid California Administrative Credential.

C. Retirement of Superintendent

D. Discharge for Cause. In the event of discharge for cause, which shall be defined as conduct which is seriously prejudicial to District, this Agreement may be terminated. This shall include, but is not limited to, unprofessional conduct, unsatisfactory performance, neglect of duty, or breach of Agreement. Should the Governing Board elect to terminate this Agreement prior to its expiration pursuant to this section, the Governing Board shall notify Superintendent in writing. Upon request, Governing Board shall serve upon Superintendent a reasonably detailed statement of charges.

Superintendent has fifteen (15) calendar days from the date he is personally served with the notice described above to request a hearing before the Board. Superintendent protects his right to a hearing by timely filing his request for a hearing with the presiding officer of the Board. The Board shall hold the hearing within thirty (30) calendar days from the date that the presiding officer of the Board receives Superintendent’s request for a hearing. The hearing date may be extended by the agreement of both parties. If the Superintendent fails to timely file a request for hearing, the Board may take action, without granting Superintendent a hearing, at its next regularly scheduled meeting. If Superintendent timely files a request for a hearing, the Board cannot take any action until after the hearing. At the hearing the Superintendent may be represented by counsel and call witnesses. If Superintendent chooses to be accompanied by legal counsel at such hearing, he shall bear any costs therein involved. Such hearing shall be conducted in closed session. The Governing Board shall issue a written decision to the Superintendent describing the results of the hearing which shall be final.

E. Governing Board Option to Terminate Notwithstanding any other provision of this agreement, the Governing Board, in its discretion, may, upon the giving of forty five (45) days notice, unilaterally terminate this Agreement. The Governing Board’s action shall be effective forty-five (45) days from the date notice is personally served on


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Superintendent. At the end of the forty-five (45) day period, the District shall pay to Superintendent an amount equal to the monthly salary of Superintendent multiplied by the number of months left on the unexpired term of this Agreement. However, if the unexpired term of the Agreement is greater than 12 months, the maximum cash settlement shall be an amount equal to the monthly salary of the Superintendent multiplied by 12. The parties shall mutually agree as to whether the cash settlement will be paid in one lump sum of in equal payments over a set period of time.

F. Non re-election: The Governing Board may determine not to re-employ the Superintendent upon expiration of this agreement by providing written notice at least forty-five (45) days before the expiration of this Agreement in accordance with Education Code section 35031. In the event the Governing Board fails to provide Superintendent with the written notice at least forty-five (45) days prior to the expiration of the Agreement, Superintendent shall be deemed reelected under the same terms and conditions and with the same compensation.

3. Unused Vacation Compensation

In the event of early termination of this Agreement by any means set forth in this Article, Superintendent shall be compensated for all unused vacation days to which he is entitled pursuant to section IV.

XII. NON-PERMANENT STATUS

Pursuant to Education Code section 44898, the Superintendent shall not have permanent status as a classroom teacher.

XIII. GENERAL PROVISIONS

This Agreement is subject to all applicable laws of the State of California, to the rules and regulations of the State Board of Education, and the lawful rules and regulations of the Governing Board of the Cabrillo Unified School District. Said laws, rules, regulations, and policies, not inconsistent with the provisions of this Agreement, are hereby made a part of the terms and conditions of this Agreement as though set forth fully herein.

XIV. COMPLETE AGREEMENT

Except as provided in Article XIV, this Agreement contains the entire agreement between the Governing Board and Superintendent and there is no agreement on the part of either party to do any act or thing other than as expressly stated in this Agreement. There will also be no modifications or amendments to this Agreement unless such modifications or amendments are stated in writing, and signed by both parties.


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Dated:____________ ____________________________________ Tony Roehrick, Ed.D. District Superintendent REFLECTS APPROVAL OF THE GOVERNING BOARD Dated:____________ ____________________________________ Rob Pappalardo Governing Board President


Superintendent's Contract Appendix A

Approved by the Govenring Board on

Superintendent: 225 Work Days

Years 1 2 3 4 5 6 7Salary $167,000 $170,340 $173,747 $177,222 $180,766 $184,381 $188,069



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.e BOARD AGENDA ITEM: Approve Denial of Claim No. 2014-042 Against the District

DEPARTMENT: Business Services CONTACT PERSON: Crystal Leach, Director of Business Services BACKGROUND INFORMATION: On May 7, 2014, a vehicle struck a “slow-school crossing” sign near El Granada School that was leaning into the driver’s lane. REPORT/PROPOSAL: A claim for damages was received on May 27, 2014 for an incident that occurred on March 7, 2014. The matter was referred to the District’s claims administrator at San Mateo County Insurance Group (SMCSIG). It was recommended that the Board deny the claim. Pertinent information concerning Claim No. 2014-042 is enclosed with background materials. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: Approve denial of Claim No. 2014-042 against the district.


Claimant's

Date of

Claimant's

CABRILLO UNIFIED SCHOOL DISTRICT 498 Kelly Ave, HalfMoon Bay, CA 94019 • 650 712-7100 • Fax 650 726-0279

www.cabrillo.k12.ca.us

Address to which notice and correspondence are to be sent (if different from above):

and Location of

Name of School Employee(s), if any, Causing Injury or Damage (if unknown, so

Itemization of Claim (list items totaling amount set forth above):

Total

lftotal amount claimed exceeds $10,000, is this a Limited Civil case? DYes DNo I declare under penalty of perjury that the aforegoing is true and correct.

Dated At

NOTICE: Section 72 of the California Penal Code provides: "Every person who with intent to defraud, presents for payments to any School District any false or fraudulent claim, is guilty of a felony punishable by fine and/or imprisonment."




BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.f BOARD AGENDA ITEM: Accept Enrollment Report For The Tenth Month of the 2013-2014 School Year DEPARTMENT: Business Services CONTACT PERSON: Crystal Leach, Director of Business Services BACKGROUND INFORMATION: The Governing Board routinely reviews the monthly enrollment reports. REPORT/PROPOSAL: The enrollment report for the tenth month of the 2013-2014 school year is being presented to the Governing Board for information. FINANCIAL IMPACT: There is no financial impact to the District. RECOMMENDATION: Accept enrollment report for the tenth month of the 2013-2014 school year.


CABRILLO UNIFIED SCHOOL DISTRICT2013-2014 SCHOOL YEARENROLLMENT REPORT

School Month No. 10 Date: 6/14/2014

Grade El GranadaFarallone

ViewHatch

Kings Mountain

CunhaHalf Moon Bay High

PilarcitosHome &

Independent Study

TOTALS

TK 7 11 24 0 - - - 0 42K 75 54 118 6 - - - 1 2541 61 65 110 14 - - - 0 2502 86 53 110 11 - - - 0 2603 68 57 100 14 - - - 0 2394 91 59 94 12 - - - 0 2565 89 56 99 16 - - - 0 2606 - - - - 246 - - 0 2467 - - - - 216 - - 1 2178 - - - - 254 - - 1 2559 - - - - - 253 2 255

10 - - - - - 264 2 5 27111 - - - - - 218 12 7 23712 - - - - - 213 23 14 250

Total Regular Enrollment 477 355 655 73 716 948 37 31 3292

SDC Student Enrollment25 1 0 0 11 8 0 0 45

TOTAL ENROLLMENT502 356 655 73 727 956 37 31 3337

Total Enrollment as of 6/14/2013 507 364 613 75 722 917 33 39 3270

Difference between 6/14/2013 Total Enrollment and

6/14/2014 Total Enrollment -5 -8 42 -2 5 39 4 -8 67

Total Enrollment as of 5/16/2014 502 350 655 73 726 956 34 30 3326

Difference between 5/16/2014 Total Enrollment and

6/14/2014 Total Enrollment 0 6 0 0 1 0 3 1 11



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.g BOARD AGENDA ITEM: Approve and Adopt Minutes of June 26, 2014,

Regular Governing Board Meeting DEPARTMENT: Superintendent/Governing Board CONTACT PERSON: Tony Roehrick Ed.D., Superintendent BACKGROUND INFORMATION: The Governing Board routinely reviews and approves minutes from all regular meetings and special sessions. REPORT/PROPOSAL: The unadopted minutes from the June 26, 2014, regular Governing Board meeting are included in this Board packet for consideration. FINANCIAL IMPACT: There is no financial impact related to this proposed action.

RECOMMENDATION: Approve and adopt minutes of June 26, 2014, regular Governing Board meeting.


Minutes (Unadopted) 06-26-14

CABRILLO UNIFIED SCHOOL DISTRICT 498 Kelly Avenue, Half Moon Bay, CA 94019 MINUTES (Unadopted) – Thursday, June 26, 2014 Governing Board Meeting – 7:00 P.M. District Office

Board Members Present: Mr. Rob Pappalardo, President Ms. Kate Livingston, Vice President Mr. Michael John Ahern, Clerk to the Board Dr. Kirk Riemer, Member Ms. Freya McCamant, Member Administrators at the Table: Dr. Tony Roehrick, Superintendent

Dr. Elizabeth Schuck, Associate Superintendent Mr. John Corry, Assistant Superintendent Ms. Crystal Leach, Director of Fiscal Services Student Member: Miss Irma Ramos, Student Board Representative - Absent

1. CALL TO ORDER/QUORUM ESTABLISHED AT 6:03 PM 2. ROLL CALL

___Mr. Rob Pappalardo, President ___Ms. Kate Livingston, Vice President ___Mr. Michael John Ahern, Clerk to the Board ___Dr. Kirk Riemer, Member ___Ms. Freya McCamant, Member

3. COMMENTS FROM THE PUBLIC RELATED TO ITEMS ON THE CLOSED SESSION AGENDA 4. RECESS TO CLOSED SESSION AT 6:03PM 5. RECONVENE OPEN SESSION CALLED TO ORDER AT 7:07PM The Governing Board met in closed session from 6:03 p.m. to 7:05 p.m. President Pappalardo reported that there was no action taken in closed session. 6. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Cullen McGee, incoming 9th grade student at Half Moon Bay High School.



7. ADOPTION OF AGENDA AS PRESENTED/AMENDED

President Rob Pappalardo made a motion to amend the agenda by moving Discussion item 15.a Discuss the Immersion Study Group Recommendations to Report item 11.d. Member Freya McCamant seconded the motion. (M-97) Passed 5 - 0

Motion to adopt the agenda as amended was made by Member Kirk Riemer and seconded by Member Kate Livingston.

(M-98) Passed 5 – 0 8. STUDENT/STAFF/COMMUNITY RECOGNITION

The Governing Board recognized Emma Moctezuma for her outstanding efforts in enrolling coastside residents for health insurance under the Affordable Care Act. The Governing Board recognized Tanya Goldberg for her outstanding efforts, dedication and leadership since the inception of the Children's Health Initiative and for being named the July 2014 Children's Health Initiative Coalition Partner of the Month.

9. COMMENTS FROM THE PUBLIC RELATED TO ITEMS NOT ON THIS

AGENDA None

10. REPRESENTATIVE REPORTS

CSEA Representative Mr. Stig Lynne, said the classified staff are working at full speed and many departments are working hard, cleaning classrooms, doing repairs, working on getting new technology up and running, working on the budgets and hiring staff for the next school year.

11. REPORTS/PRESENTATIONS

a. Receive Report on New Single Plan for Student Achievement For All School Sites Dr. Elizabeth Schuck, Lynn Kelly-El Granada School Teacher/Administrative Designee, Joy Dardenelle- Farallone View Principal, Jim Ward-Hatch Principal, Diane Siegal-Kings Mountain Site Director, Cathie Treulich-Cunha School Teacher/School Site Council Member, Allison Silvestri-Half Moon Bay High School Principal, and Rajan Bechar-Pilarcitos High School Principal, presented and spoke about their respective Single Plan for Student Achievement (SPSA). The purpose of the SPSA is to coordinate all educational services at the school site.



b. Receive Report on 2014-2015 District-Wide and Site Staff Professional Development

Plans Dr. Elizabeth Schuck, Lynn Kelly-El Granada School Teacher/Administrative Designee, Joy Dardenelle- Farallone View Principal, Jim Ward-Hatch Principal, Diane Siegal-Kings Mountain Site Director, Cathie Treulich-Cunha School Teacher/School Site Council Member, Allison Silvestri-Half Moon Bay High School Principal, and Rajan Bechar-Pilarcitos High School Principal, presented the District-wide and Site Staff Professional Development Plans which are aligned to the SPSA plans. The District-wide and Site Professional Development Plans were created based on identified criteria, including focus on Common Core State Standards and the Local Control Accountability Plan goals.

c. Receive Report Regarding 2014-2015 District Budget

Ms. Crystal Leach, Director of Fiscal Services, presented the 2014-2015 proposed district budget to the Governing Board. The proposed budget is based on assumptions known at this time and will be revised, as necessary, after details of the State budget become known.

d. Discuss the Immersion Study Group Recommendations Public comments regarding 11.d Discuss the Immersion Study Group Recommendations (formerly 15.a) Ms. Jodi Paik, 427 Correas St., Half Moon Bay, Ca. 94019, Ms. Amy Risk, 360 Granelli Ave., Half Moon Bay, Ca, 94019, and Ms. Ramona Alvarado, 575 Poplar Street, Half Moon Bay, Ca., 94019, Immersion program parents, came to the meeting to jointly address the Governing Board regarding their concerns and ideas in support of the District’s Immersion Program and ways they can strengthen the Immersion program. Mr. Miguel Guevara-Ramirez, 415 Casa Del Mar Drive, Half Moon Bay, Ca 94019, came to the meeting as a former Immersion student to address the Governing Board regarding his successes in the District’s Immersion program. Mr. Michael Alifano, 660 Magnolia Street, Half Moon Bay, Ca. 94019, came to address the Governing Board as an Immersion parent to say how happy he is that his student is in the program. Dr. Tony Roehrick presented five of the eight recommendations from the Immersion Study Group to the Governing Board at the May 8, 2014 meeting for Board consideration and approval. The Governing Board tabled the item on May 8th wanting an opportunity for greater discussion. Member Rob Pappalardo said what he has learned from the data is that if the district is to continue with a clear Immersion Program, the district must to find a way to extend the data acquisition to deal with the issues.



Member Freya McCamant recommended that the District begin strengthening the K-5 program by having fidelity to best practices to the program at the elementary level. Ms. McCamant also said that there needs to be much more in-depth research and evaluation on how to expand and strengthen the program to K-8. Member Kirk Riemer said he is troubled at the lack of data after an having an Immersion program of twenty years. He asked what is the clear definition of a student’s success in the program at the High School level and how can it be measured. He said time needs to be taken to look as the many issues and get a clear 360o

view. He also asked how the district could make the Immersion program or other programs equitable to all students who wish to participate. Member Kate Livingston said for Cabrillo Unified being a small school district, the district may need to look at things with a different lens so that all students at every campus can benefit from a second language program. She said the district could look at resuming neighborhood schools. Member Michael Ahern said the district could go back and look at more data from Dr. Molina, and others mentioned to find out what benchmarks they are using to create better programs. Dr. Tony Roehrick said it would be important for the district is to evaluate what is the true purpose of offering an Immersion program. What are the goals? Are students truly becoming bi-literate with a deep level of fluency at the end of the program? It would be important to know where the program is going and what the desired outcomes are. Dr. Roehrick recommended two things that can be done to improve the Cunha experience:

1. That students who enter in kindergarten and continue through the 5th grade have access to the program in 6th, 7th, 8th grade. Specifically the English Language Learners should not be removed from the program due to scheduling conflicts. Also to improve the program at Cunha, which is a language based program, and restructure it by making it a content based instruction program in zero period beginning next year. This would provide at least one period of content rich instruction where students will be writing and thinking in Spanish.

2. The district needs to return to the Immersion Study Group for further analysis

and to be sure the district’s resources are utilized to the best advantage for our students.

The Governing Board supported the above two recommendations from Dr. Roehrick for the Immersion program for 2014-15 school year.

12. COMUNICATIONS



Board Members: Member Kirk Riemer said the Cunha Promotion ceremony was a blast. Everything went well. Member Michael Ahern said he appreciated the flexibility of everyone by adding him to the Cunha ceremonies. Member Ahern said he also participated in the Los Listos promotion ceremony, Hatch promotion ceremony, Pilarcitos High School graduation ceremony and the Half Moon Bay High School graduation ceremony. Mr. Ahern said it was very exciting to participate in the phone banking and that Measure B passed. Member Kate Livingston thanked everyone on the Measure B Steering Committee for the recent success of passing Measure B. Member Freya McCamant thanked the community for the passing of Measure B. Ms. McCamant said she attended the Kings Mountain Promotion Ceremony; “it was a very special ceremony”. She said she also attended the Farallone View promotion ceremony as a parent. President Rob Pappalardo said the 70% passing of Measure B was fantastic and thanked everyone involved. Mr. Pappalardo said he also participated in the High School Graduation ceremony and it too was fantastic. Superintendent: Superintendent, Dr. Tony Roehrick, made the following report-

• Big Lift Preschool Grant: The Big Lift is a county-wide effort with the overall goal of increasing on grade performance in reading for 3rd grade students. One of the Big Lift’s strategies is to increase the participation in preschool for 3 and 4 year olds, especially among low income and second language learners. The Big Lift initiative has received $10 million from the San Mateo County Board of Supervisors, as well as securing other grants and gifts.

o The first RFP has been issued with the purpose of expanding preschool opportunities. Cabrillo has been invited to apply for these funds. The grant requires districts work with outside agencies and we have secured the cooperation of Coastside Children’s Programs. Dr. Schuck is leading our application process. The application is due on August 26, so we know her summer is now fully occupied.

• Summer Schools: Our various summer school programs began this week. The

secondary program is again being held at Cunha School which began on Monday. The elementary summer school program began yesterday and is being held at El Granada Elementary School. The switch was made from Hatch this year in preparation for next summer’s modernizing at Hatch. We will be on a very tight schedule to move the teachers out of classrooms, so we are taking advantage of this summer to go through the facility and begin to purge as much stored, but not needed, stuff as possible.

• Columbine Locks: We are on schedule to replace this summer door cylinders to allow

teachers in classrooms to lock their doors from within their classrooms. At the same time, we are installing ADA approved door handles.



• Dr. Roehrick thanked the community and all members of the steering community in the

successful passing of Measure B.

13. CONSENT ITEMS

a. Approve Attendance of Half Moon Bay High School Math Teachers at Bay Area Regional Seminar 2 at Half Moon Bay High School - Agile Mind Training, August 14 and 15, 2014 b. Approve Attendance of Half Moon Bay High School Teachers to Advanced Placement Institute at Stanford c. Approve Attendance of Half Moon Bay High School Teachers to AVID Conference d. Approve E-Rate Technology Plan e. Approve 2014-2015 District-Wide and Site Staff Professional Development Plans f. Approve Certificated Personnel Report g. Approve Classified Personnel Report h. Approve the San Francisco State University Student Teaching Agreement from July 1, 2014 to June 30, 2017 i. Accept Enrollment Report for the Ninth Month of 2013-2014 j. Accept Donations to Cabrillo Unified School District k. Approve and Adopt Minutes of May 29, 2014, Regular Governing Board Meeting l. Approve Cabrillo Unified School District Governing Board Policy Updates and Adopt the Proposed Revisions as Recommended by the California School Boards Association

Member Kirk Riemer made a motion to approve the Consent items as presented. Member Freya McCamant seconded the motion.

(M-99) Passed 5-0

President Pappalardo asked for a motion to continue the Board meeting past the 10:00 p.m. curfew. Motion to continue the meeting past the 10:00 p.m. curfew was made by Member Freya McCamant and seconded by Member Kirk Riemer. (M-100) Passed 5-0



14. ACTION ITEMS

a. Adopt the 2014-15, 2015-16, and 2016-17 Three-Year Local Control Accountability Plan

Motion to adopt the 2014-15, 2015-16, and the 2016-17 Three Year Local Control Accountability Plan was made by Member Freya McCamant and seconded by Member Kate Livingston.

(M-101) Passed 5-0

b. Approve Revisions to the Common Core State Standards Local Implementation Plan Motion to approve revisions to the Common Core State Standards Local Implementation Plan was made by Member Kirk Reimer and seconded by Member Kate Livingston.

(M-102) Passed 5-0

c. Approve New Single Plan for Student Achievement For All School Sites

Motion to approve the new Single Plan for Student Achievement for all School Sites was made by Member Kirk Riemer and seconded by Member Michael Ahern.

(M-103) Passed 5-0 d. Approve the Cabrillo Unified School District and Cabrillo Unified Teachers’

Association, California School Employees’ Association, and Management (Non Represented Employees) One-Time Negotiated Payment

Motion to approve the one-time negotiated payment for the Cabrillo Unified School District and Cabrillo Unified Teachers’ Association, California School Employees’ Association and Management (Non Represented Employees) was made by Member Freya McCamant and seconded by Member Kirk Riemer.

(M-104) Passed 5-0

e. Approve Budget Adoption: Fiscal Year 2014-2015

Motion to approve the budget for the Fiscal Year of 2014-2015 school year made by Member Michael Ahern and seconded by Member Freya McCamant.

(M-105) Passed 5-0 f. Approve Resolution No. 11-14 Authorizing the District to Spend Funds Received in

2013-2014 from the Education Protection Account in Accordance with Article XIII, Section 36 of the California Constitution



Motion to approve Resolution No. 11-14 authorizing the district to spend funds received in 2013-2014 from the Education Protection account in accordance with Article XIII, Section 36 of the California Constitution was made by Member Kirk Riemer and seconded by Member Freya McCamant.

(M-106) Passed 5-0 Roll Call:

Freya McCamant - aye Rob Pappalardo – aye Kate Livingston – aye

Michael John Ahern – aye Kirk Riemer – aye

g. Approve Resolution No. 12-14 Establishing Temporary Interfund Transfers of

Special or Restricted Fund Monies

Motion to approve Resolution No. 12-14 establishing temporary Interfund transfers of special or restricted fund monies was made by Member Kate Livingston and seconded by Member Michael Ahern.

(M-107) Passed 5-0 Roll Call:

Freya McCamant - aye Rob Pappalardo – aye Kate Livingston – aye


h. Approve Resolution No. 13-14 Withdrawing Approval of the Half Moon Bay High

School Track and Field Project, Withdrawing Project Notice of Exemption, and Rejecting Bids for Construction of the Project

Motion to approve Resolution No. 13-14 withdrawing approval of the Half Moon Bay

High School Track and Field Project, withdrawing project Notice of Exemption, and rejecting bids for construction of the project was made by Member Freya McCamant and seconded by Member Kirk Riemer.

(M-108) Passed 5-0

Roll Call: Freya McCamant - aye Rob Pappalardo – aye Kate Livingston – aye


i. Approve Termination of Architectural Agreement for Convenience with DT

Architecture, Inc. for Design of a Dual Gymnasium at Cunha Intermediate School



Motion to approve termination of Architectural Agreement for convenience with DT Architecture, Inc. for design of a Dual Gymnasium at Cunha Intermediate School made by Member Kirk Riemer and seconded by Member Kath Livingston.

(M-109) Passed 5-0

15. DISCUSSION ITEMS

a. Discuss the Immersion Study Group Recommendations By request of President Pappalardo a motion was approved to amend the agenda and move this item to Reports/Presentations item 11.d.

18. RETURN TO CLOSED SESSION (IF NESCESSARY) President Pappalardo adjourned open session at 10:37 p.m. and the Governing Board returned to closed session. The Governing Board met in closed session from 10:38 p.m. to 11:27 p.m. No action was taken in closed session. 19. ADJOURNMENT OF THE MEETING Motion to adjourn made by Member Freya McCamant and seconded by Member Kirk Riemer.

(M-110) Passed 5-0 Meeting was adjourned at 11:27 p.m. Minutes prepared by Patricia Serrano, Administrative Assistant to the Superintendent Minutes presented by Dr. Tony Roehrick, Secretary to the Board __________________________________ ____________ Certified by Michael Ahern Date Clerk to the Governing Board


Williams Report for 04-01-14 to 06-30-14


BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 13.h BOARD AGENDA ITEM: Approve Quarterly Report on Williams Uniform Complaints

(Education Code §35186) DEPARTMENT: Superintendent/Governing Board CONTACT PERSON: Tony Roehrick Ed.D., Superintendent BACKGROUND: In May 2000, the American Civil Liberties Union (ACLU) and other public interest groups filed a lawsuit against the State of California alleging the state had failed to provide poor and underprivileged students with equal educational opportunities by providing these students with inadequate facilities, insufficient educational materials, and with teachers who were not fully credentialed. This requirement only refers to the types of complaints listed above. On August 13, 2004, Governor Schwarzenegger and the State of California settled the lawsuit. As part of the lawsuit, the State of California agreed to enact legislation and provide funding to address the issues in the lawsuit. On September 29, 2004, Governor Schwarzenegger signed five bills to implement the settlement as urgency measures. Assembly Bill 2727 and Education Code §35186 require school districts to submit quarterly reports on Williams Uniform Complaints to their Governing Boards. REPORT/PROPOSAL: There have been no Williams Uniform Complaints (Education Code §35186) received by the Cabrillo Unified School District during the previous quarter. FINANCIAL IMPACT: There is no financial impact to the general fund. RECOMMENDATION: Approve quarterly report on Williams Uniform Complaints (Education Code §35186).


SAN MATEO COUNTY OFFICE OF EDUCATION

August 27, 2013 lra

Quarterly Report on Williams Uniform Complaints [Education Code § 35186]

District:_____________________________________________________________________ Person completing this form: ______________________ Title: ________________________ Quarterly Report Submission Date: (check one) θ October 2013 (Covers 7/1/13 – 9/30/13)

θ January 2014 (Covers 10/1/013 – 12/31/13) θ April 2014 (Covers 1/1/14 – 3/31/14) XX July 2014 (Covers 4/1/14 – 6/30/14)

Date for information to be reported publicly at governing board meeting: _________________ Please check the box that applies:

No complaints were filed with any school in the district during the quarter indicated above.

θ Complaints were filed with schools in the district during the quarter indicated above. The

following chart summarizes the nature and resolution of these complaints. Copies of the complaint and the District’s written response will be sent to SMCOE.

Please mark the table below with zero if there are no complaints.

General Subject Area Total # of Complaints # Resolved # Unresolved

Textbooks and Instructional Materials

0

0

0

Teacher Vacancy or Misassignment

0

0

0

Facilities Conditions 0

0

0

TOTALS 0

0

0

Tony Roehrick, Ed.D, Superintendent ________________________________________________ Print Name of District Superintendent

________________________________________________ ______________________ Signature of District Superintendent Date

Return via fax or email to Luz Roman-Amaro San Mateo County Office of Education

[email protected] Fax (650) 802-5322

Cabrillo Unified School District

Patricia Serrano Administrative Assistant to Superintendent

August 14, 2014


mailto:[email protected]


BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 14.a BOARD AGENDA ITEM: Adopt Resolution No. 14-14 Declaring September 2014 as

Attendance Awareness Month DEPARTMENT: Pupil Services and Personnel CONTACT PERSON: John Corry, Assistant Superintendent, Personnel and Pupil

Services

BACKGROUND INFORMATION: School attendance is a critical link to student achievement. Simply put, students must be present in order to fully avail themselves of the opportunities provided in classrooms. School attendance is required under the California Education Code for all students beginning with the first grade. REPORT/PROPOSAL: The District has established Board policy and procedures to support student attendance. These include informal award and recognition systems to formal truancy processes that compel attendance. One key is to promote the benefits derived from regular attendance. This resolution serves this purpose. FINANCIAL IMPACT: There is no fiscal impact on the general fund. RECOMMENDATION: Adopt Resolution No. 14-14 declaring September 2014 as Attendance Awareness Month.



RESOLUTION NO. 14-14

Proclamation of September as Attendance Awareness Month WHEREAS good attendance is essential to student achievement and graduation, and we are committed to dedicating our resources and attention to reducing chronic absenteeism rates, with a focus starting as early as kindergarten, WHEREAS chronic absence – missing 10 percent or more of school for any reason including excused and unexcused absences, or just two of three days a month – is a proven predictor of academic trouble and dropout rates, WHEREAS improving attendance and reducing chronic absence takes commitment, collaboration and tailored approaches to particular challenges and strengths in each community, WHEREAS chronic absence predicts lower third-grade reading proficiency, course failure and eventual dropout, it weakens our communities and our local economy, WHEREAS the impact of chronic absence hits low-income students and children of color particularly hard if they don’t have the resources to make up for lost time in the classroom and are more likely to face systemic barriers to getting to school – such as unreliable transportation, lack of access to health care, unstable or unaffordable housing, WHEREAS, chronic absence exacerbates the achievement gap that separates low-income students from their peers, since students from low-income families are both more likely to be chronically absent and more likely to be affected academically by missing school. Absenteeism also undermines efforts to improve struggling schools, since it’s hard to measure improvement in classroom instruction if students are not in class to benefit from them, WHEREAS schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly,

WHEREAS schools and districts must do more to track, calculate and share the data on how many students are chronically absent so that we can deliver the right interventions to the right students, WHEREAS all students – even those who show up regularly – are affected by chronic absence because teachers must spend time reviewing for students who missed lessons, WHEREAS chronic absence can be significantly reduced when schools, parents and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school,


Resolution No. 14-14 continued; NOW, THEREFORE BE IT RESOLVED that as the Board of Education of Cabrillo Unified School District proclaim that our schools will stand with the nation in recognizing September as “Attendance Awareness Month.” We hereby commit to focusing on reducing chronic absenteeism to give all children an equitable opportunity to learn, grow and thrive academically, emotional and socially. REGULARLY PASSED AND ADOPTED Resolution No. 14-14, on this 14th day of August, 2014 by the Governing Board of Cabrillo Unified School District, of San Mateo County, by the following vote:

AYES in Favor of Said Resolution: NOES Against Said Resolution:

_____________________________________ ___________________________________

_____________________________________ ___________________________________

_____________________________________ ___________________________________

_____________________________________ ___________________________________

_____________________________________ ___________________________________

ABSTENTIONS: ABSENCES:

_____________________________________ ___________________________________

Certified by:

_________________________________________ ______________________ Michael Ahern Date Clerk to the Governing Board

_______________________ Tony Roehrick Ed.D. Date District Superintendent



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 14.b BOARD AGENDA ITEM: Adopt Resolution Nos. 15-14, 16-14, 17-14, 18-14, and 19-14, for Employees Assigned on the Basis of an

Education Code Provision DEPARTMENT: Personnel CONTACT PERSON: John Corry, Assistant Superintendent, Personnel and Pupil

Services

BACKGROUND INFORMATION: The Education Code requires that teachers who are teaching in subjects not specifically listed on their credentials or teach in a grade level not specifically listed on their credentials must be approved by resolution of the Governing Board.

REPORT: Under the provisions of the following Education Codes, employees are assigned to teach as noted on the resolutions: Resolution No. 15-14: Ed Code 44263, Assignment to a Single Subject Class

Resolution No. 16-14: Ed Code 44258.3, Teaching a Departmentalized Class

Resolution No. 17-14: Ed Code 44256(b), Authorization for Multiple Subject and Standard Elementary Teaching Credentials

Resolution No.18-14: Ed Code 44258.7 (c), Teaching in an “Elective” Area.

Resolution No 19-14: Ed Code 44831 Speech-Language Pathologist with a Masters in Communicative Disorders

FINANCIAL IMPACT: No financial impact to the district general fund.


RECOMMENDATION: Adopt Resolution Nos. 15-14, 16-14, 17-14, 18-14, and 19-14, for employees assigned on the basis of an Education Code provision.


Cabrillo Unified School District 498 Kelly Avenue

Half Moon Bay, CA 94019

RESOLUTION NO. 15-14 ED CODE 44263, ASSIGNMENT TO A SINGLE SUBJECT CLASS

WHEREAS, the Governing Board of the Cabrillo Unified School District declares that the listed teachers were hired according to Ed Code 44263.

Ed Code 44263: Assignment to a Single Subject Class By resolution of the Governing Board, authorizes the holder of a teaching credential to serve in a departmentalized class if the teacher has completed eighteen semester units of course work, or nine semester units of upper division or graduate course work, in the subject to be taught. Authorization shall be with the teacher’s consent.

Teacher Site Assignment Clavijo, Patricia HMBHS Art

NOW, THEREFORE BE IT RESOLVED, that Patricia Clavijo has met the requirements of Ed Code 44263 and is approved to teach in the specific assignment. REGULARLY PASSED AND ADOPTED Resolution No. 15-14, on this 14th day of August, 2014 by the Governing Board of Cabrillo Unified School District, of San Mateo County, by the following vote:

AYES in Favor of Said Resolution: NOES Against Said Resolution: ______________________________ ______________________________ ______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________ ______________________________ ______________________________ ABSENT: ABSTAIN:

______________________________ ______________________________

Certified by:

__________________________________ ________________________ Michael Ahern Date Clerk to the Governing Board



498 Kelly Avenue Half Moon Bay, CA 94019


ED CODE 44258.3, TEACHING DEPARTMENTALIZED CLASS

WHEREAS, the Governing Board of the Cabrillo Unified School District declares that the listed teachers were hired according to Ed Code 44258.3.

Ed Code 44258.3: Teaching Departmentalized Class Allows local school districts to assign teachers who hold teaching credentials to teach departmentalized classes with their consent in grades K-12, irrespective of the designations on their teaching credentials, as long as the teacher’s competence is verified according to policies and procedures established consistent with the language of the statue by the Governing Board.

Teacher Site Assignment DeMartini, Kerra HMBHS Basic English

NOW, THEREFORE BE IT RESOLVED, that Kerra DeMartini has met the requirements of Ed Code 44258.3 and is approved to teach in the specific assignment. REGULARLY PASSED AND ADOPTED Resolution No. 16-14, on this 14th day of August, 2014 by the Governing Board of Cabrillo Unified School District, of San Mateo County, by the following vote:

AYES in Favor of Said Resolution: NOES Against Said Resolution: ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSENT: ABSTAIN:

______________________________ ______________________________

Certified by: ___________________________________ ________________________ Michael Ahern Date Clerk to the Governing Board




RESOLUTION NO. 17-14 ED CODE 44256(b), AUTHORIZATION FOR MULTIPLE SUBJECT AND STANDARD

ELEMENTARY TEACHING CREDENTIALS

WHEREAS, the Governing Board of the Cabrillo Unified School District declares that the listed teachers were hired according to Ed Code 44256(b).

Ed Code 44256(b): Authorization for Multiple Subject and Standard Elementary Teaching Credentials By resolution of the Governing Board, authorizes the holder of a multiple subject or standard elementary teaching credential to teach any subject in departmentalized classes to a given class or group of students below grade 9, provided that the teacher has completed at least 12 semester units, or six upper division or graduate units, of coursework in the subject to be taught. Authorization shall be with the teacher’s consent.

Teacher Site Assignment Coyle, Mary Cunha Art Longaker, Lisa Cunha Physical Education Gonzalez-Heldmaier, Angelle

Farallone View Physical Education

NOW, THEREFORE BE IT RESOLVED, that Mary Coyle, Lisa Longaker and Angelle Gonzalez-Heldmaier have met the requirements of Ed Code 44256(b) and are approved to teach in their specific assignments. REGULARLY PASSED AND ADOPTED Resolution No. 17-14, on this 14th day of August, 2014 by the Governing Board of Cabrillo Unified School District, of San Mateo County, by the following vote:

AYES in Favor of Said Resolution: NOES Against Said Resolution: ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSENT: ABSTAIN: ___________________________ ______________________________

Certified by: _________________________________ ______________________ Michael Ahern Date Clerk to the Governing Board




RESOLUTION NO. 18-14 ED CODE 44258.7(c), AUTHORIZATION FOR MULTIPLE SUBJECT AND

STANDARD ELEMENTARY TEACHING CREDENTIALS

WHEREAS, the Governing Board of the Cabrillo Unified School District declares that the listed teachers were hired according to Ed Code 44258.7(c).

Ed Code 44258.7 (c) Assigned to teach in an “Elective” area By resolution of the Governing Board, authorizes a full-time teacher with special skills and preparation outside their credential authorization to be assigned to teach in an “elective” area of his or her special skills in a full time assignment, provided the assignment is approved by the local Committee on Assignments prior to be beginning of the assignment. Authorization shall be with the teacher’s consent.

Teacher Site Assignment Centoni, Jeffrey Cunha Shop Jones, David HMBHS Animation

NOW, THEREFORE BE IT RESOLVED, that Jeffrey Centoni and David Jones have met the requirements of Ed Code 44258.7(c) and are approved to teach in their specific assignments. REGULARLY PASSED AND ADOPTED Resolution No. 18-14, on this 14th day of August, 2014 by the Governing Board of Cabrillo Unified School District, of San Mateo County, by the following vote: AYES in Favor of Said Resolution: NOES Against Said Resolution: ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSENT: ABSTAIN:

______________________________ ______________________________

Certified by: ________________________________ ______________________________ Michael Ahern Date Clerk to the Governing Board




RESOLUTION NO. 19-14 ED CODE 44831 SPEECH THERAPY SERVICES

WHEREAS, the Governing Board of the Cabrillo Unified School District declares that the listed teachers were hired according to Ed Code 44831.

Ed Code 44831 Speech Therapy Services By resolution of the Governing Board, allows an individual who holds a master’s degree in communication disorders; meets the basic skill requirement and has a valid license from the Speech-Language Pathology and Audiology Board; to provide speech and language services.

Teacher Site Assignment Simons, Emily EG Speech Therapy Services

NOW, THEREFORE BE IT RESOLVED, that Emily Simons has met the requirements of Ed Code 44831 and is approved to teach in the specific assignment. REGULARLY PASSED AND ADOPTED Resolution No. 19-14, on this 14th day of August, 2014 by the Governing Board of Cabrillo Unified School District, of San Mateo County, by the following vote: AYES in Favor of Said Resolution: NOES Against Said Resolution: ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSENT: ABSTAIN:

______________________________ ______________________________

Certified by: ________________________________ ______________________________ Michael Ahern Date Clerk to the Governing Board



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 14.c BOARD AGENDA ITEM: Approve of a Contract with WLC Architects, Inc. to Design

a Gymnasium at Cunha Intermediate School DEPARTMENT: Superintendent/Governing Board CONTACT PERSON: Tony Roehrick, Ed.D., Superintendent

BACKGROUND INFORMATION: In June, 2012 the community supported the passage of Measure S and authorized the District to issue up to $81 million in facility bond funds over the life of the program. On December 12, 2013, the Governing Board agreed to partner with the Boys and Girls Club of the Coastside to build a dual gymnasium located on the Cunha Intermediate School campus. The Board then awarded a design contract to DT Architecture, Inc. for this project. Given dissatisfaction with the design process, including under estimates of the cost of the project, the contract was nullified and the project was then reduced to a single joint use gymnasium. The project will still fulfill the master plan’s unfunded goal of building an additional gym to support district programs and will also provide the Boys and Girls Club with a facility for their after school program. REPORT/PROPOSAL: WLC Architects, Inc. is one of the Board approved architectural firms selected to provide design work under the Measure S Facility Bond Program. The firm has extensive experience in school construction design, including gymnasiums. WLC is currently under contract for the Hatch School modernization and Pilarcitos High School construction projects. The firm also completed the District’s Board approved Measure S Facility Bond Program Master Plan. FINANCIAL IMPACT: There is no negative financial impact to the General Fund. There will be an impact to the Bond fund in the amount of $730,000 for all design and related engineering/consulting work. This amount is being shared with the Boys and Girls Club, so actual impact will be $365,000. RECOMMENDATION: Approve a contract WLC Architects, Inc. to design a gymnasium at Cunha Intermediate School.


AGREEMENT FOR ARCHITECTURAL SERVICES


WITH

WLC Architects, Inc.

FOR

CONSTRUCTION OF NEW GYMNASIUM CUNHA INTERMEDIATE SCHOOL

August 14, 2014


TABLE OF CONTENTS

Article 1 Definitions ............................................................................................................... 1 Article 2 Scope, Responsibilities and Services of Architect ................................... 2 Article 3. Architect Staff ........................................................................................................ 6 Article 4 Schedule of Services ........................................................................................... 7 Article 5 Construction Cost Budget ................................................................................. 7 Article 6 Fee and Method of Payment ............................................................................ 8 Article 7 Payment for Extra Services or Changes ...................................................... 9 Article 8 Ownership of Data ............................................................................................... 9 Article 9 Termination of Contract ................................................................................... 10 Article 10 Indemnity / Architect Liability ....................................................................... 11 Article 11 Fingerprinting ...................................................................................................... 12 Article 12 Responsibilities of the District ....................................................................... 12 Article 13 Liability of District .............................................................................................. 13 Article 14 Nondiscrimination .............................................................................................. 13 Article 15 Insurance ............................................................................................................... 13 Article 16 Covenant against Contingent Fees .............................................................. 13 Article 17 Entire Agreement/Modification ..................................................................... 14 Article 18 Non-Assignment of Agreement ..................................................................... 14 Article 19 Law, Venue ........................................................................................................... 14 Article 20 Alternative Dispute Resolution ...................................................................... 14 Article 21 Attorneys’ Fees ................................................................................................... 14 Article 22 Severability ........................................................................................................... 15 Article 23 Employment Status ........................................................................................... 15 Article 24 Certificate of Architect ...................................................................................... 16 Article 25 Cost Disclosure - Documents and Written Reports .............................. 16 Article 26 Notice & Communications ............................................................................... 16 Article 27 Disabled Veteran Business Enterprise Participation (If Applicable) 17 Article 28 District’s Right to Audit .................................................................................... 17 Article 29 Other Provisions .................................................................................................. 18 Article 30 Exhibits “A” through “G” .................................................................................. 18


EXHIBIT "A" – RESPONSIBILITIES AND SERVICES OF ARCHITECT A-1 EXHIBIT "B" – CRITERIA AND BILLING FOR EXTRA SERVICES B-1 EXHIBIT "C" – SCHEDULE OF SERVICES C-1 EXHIBIT "D" – PAYMENT SCHEDULE D-1 EXHIBIT "E" – INSURANCE REQUIREMENTS E-1 EXHIBIT "F" – ROOFING PROJECT CERTIFICATION F-1 EXHIBIT "G" – IRAN CONTRACTING ACT CERTIFICATION G-1


AGREEMENT FOR ARCHITECTURAL SERVICES Page 1

CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM

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AGREEMENT FOR ARCHITECTURAL SERVICES

This Agreement for Architectural Services is made as of ________, 2014, between the Cabrillo Unified School District, a California public school district, (“District”) and WLC Architects, Inc. (“Architect”) (collectively “Parties”), for the following project (“Project”):

Construction of a new 18,000 square-foot Gymnasium in collaboration with Coastside Boys and Girls Club at Cunha Intermediate School, located at 600 Church Street, Half Moon Bay, CA 94019

For and in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

Article 1. Definitions

1.1. In addition to the definitions above, the following definitions of words or phrases shall apply when used in this Agreement, including all Exhibits:

1.1.1. Agreement: The Agreement consists exclusively of this document and all identified exhibits attached and incorporated by reference.

1.1.2. Architect: The Architect identified in the first paragraph of this Agreement, including all Consultants to the Architect. The term “Architect” means the Design Professional in General Responsible Charge on this Project.

1.1.3. As-Built Drawings (“As-Builts”): Any document prepared and submitted by District contractor(s) that details on a Conforming Set, the actual construction performed during the Project, including changes necessitated by Construction Change Documents and change orders, and detailed by the District’s construction contractor(s) on a Conforming Set.

1.1.4. Bid Set: The plans, drawings, and specifications at the end of the Construction Documents Phase that the Division of the State Architect (“DSA”) has approved and that the District can use to go out to bid for construction of the Project.

1.1.5. Conforming Set: The plans, drawings, and specifications at the end of the Bidding Phase that incorporate all addenda, if any, issued during the Bidding Phase. The Architect shall ensure that DSA has approved all revisions to the Bid Set that are incorporated onto the Conforming Set and for which DSA approval is required.

1.1.6. Construction Budget: The total amount of funds indicated by the District for the entire Project plus all other costs, including design, construction, administration, and financing.

1.1.7. Construction Change Documents (“CCD”): The documentation of changes to the DSA-approved construction documents.




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1.1.8. Construction Cost Budget: The total cost to District of all elements of the Project designed or specified by the Architect, as adjusted at the end of each design phase in accordance with this Agreement. The Construction Cost Budget does not include the compensation of the Architect and the Architect’s Consultants, the cost of land, rights-of-way, financing or other costs which are the responsibility of the District, including construction management.

1.1.9. Construction Manager: The District’s representative on the Project if the District retains a construction manager, project manager, or owner’s representative.

1.1.10. Contractor: One or more licensed contractors under contract with the District for construction of all or a portion of the Project.

1.1.11. Consultant(s): Any and all consultant(s), sub-consultant(s), subcontractor(s), or agent(s) to and/or of the Architect.

1.1.12. District: The Cabrillo Unified School District.

1.1.13. DSA: The Division of the State Architect.

1.1.14. Extra Services: District-authorized services outside of the scope in Exhibit “A” or District-authorized reimbursables not included in Architect’s Fee.

1.1.15. Laboratory of Record: The District-designated laboratory(ies) for testing of concrete, soils, materials, and other required testing.

1.1.16. Project: Construction of a new 18,000 square-foot gymnasium in collaboration with Coastside Boys and Girls Club at Cunha Intermediate School, located at 600 Church Street, Half Moon Bay, CA 94019.

1.1.17. Record Drawings: A final set of drawings prepared by the Architect that incorporates all changes from all As-Builts, sketches, details, and clarifications.

1.1.18. Service(s): All labor, materials, supervision, services, tasks, and work that the Architect is required to perform and that are required by, or reasonably inferred from, the Agreement, and that are necessary for the design and completion of the Project.

1.1.19. Visually Verify: To verify to the fullest extent possible by physical observation and reasonable investigation and without any destructive action.

Article 2. Scope, Responsibilities, and Services of Architect




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2.1. Architect shall render the Services described in Exhibit “A,” commencing with receipt of a written Notice to Proceed signed by the District representative. Architect’s Services will be completed in accordance with the schedule attached as Exhibit “C.”

2.2. Architect shall provide Services that shall comply with professional architectural standards, including the standard of care applicable to architects designing public school facilities and applicable requirements of federal, state, and local law, including, but not limited to, the requirements of the California Business and Professions Code, the California Education Code, and the California Code of Regulations. All persons providing professional services hereunder shall be properly licensed as required by California law.

2.3. The District intends to award the Project to contractor(s) pursuant to a competitive bid process. District reserves its right to use alternative delivery methods and the Architect’s scope of work may be adjusted accordingly.

2.4. Architect acknowledges that all California public school districts are obligated to develop and implement the following storm water requirements, and Architect shall provide the design for the same, without limitation:

2.4.1. A municipal Separate Storm Sewer System (“MS4”). An MS4 is a system of conveyances used to collect and/or convey storm water, including, without limitation, catch basins, curbs, gutters, ditches, man-made channels, and storm drains.

2.4.2. A Storm Water Pollution Prevention Plan (“SWPPP”) that contains specific best management practices (“BMPs”) and establishes numeric effluent limitations at:

2.4.2.1. Sites where the District engages in maintenance (e.g., fueling, cleaning, repairing) of transportation activities.

2.4.2.2. Construction sites where:

2.4.2.2.1. one (1) or more acres of soil will be disturbed, or

2.4.2.2.2. the project is part of a larger common plan of development that disturbs one (1) or more acres of soil.

2.4.3. Architect shall conform its design work to the District’s storm water requirements indicated above, that are approved by the District and applicable to the Project, at no additional cost to the District. In addition, as required Architect shall develop a grading and drainage plan and a site plan from architectural information showing a final development of the site. This drawing will also include a horizontal and vertical control plan and a utility infrastructure plan. The Services described in this




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subparagraph shall be provided by a professional civil engineer who contracts with or is an employee of the Architect.

2.5. Architect shall contract for or employ at Architect’s expense, Consultant(s) to the extent deemed necessary for completion of the Project including, but not limited to, architects, mechanical, electrical, structural and civil engineers, landscapers, and interior designers, licensed as such by the State of California as part of the basic Services under this Agreement. The names of Consultant(s) shall be submitted to the District for approval prior to commencement of Services, as indicated below. The District reserves the right to reject Architect’s use of any particular Consultant. Nothing in the foregoing procedure shall create any contractual relationship between the District and any Consultant employed by the Architect under terms of the Agreement. Architect shall require each of the Consultants retained by it to execute agreements with standard of care and indemnity provisions commensurate with this Agreement, but Architect shall remain solely responsible and liable to District for all matters covered by this Agreement.

2.6. Architect shall coordinate with District personnel or its designated representatives as may be requested and desirable, including with other professionals employed by the District for the design, coordination or management of other work related to the Project. This shall include, without limitation, coordination with State labor compliance, if any. If the Architect employs Consultant(s), the Architect shall ensure that its contract(s) with its Consultant(s) include language notifying the Consultant(s) of State labor compliance, if any.

2.7. Architect shall identify the regulatory agencies that have jurisdiction over essential building and design elements and coordinate with and implement the requirements of the regulatory agencies, including, without limitation, the California Department of Education, the Office of Public School Construction, the Department of General Services, DSA, including DSA Fire/Life Safety, DSA Access Compliance Section, DSA Structural Safety Section, the State Fire Marshal and any regulatory office or agency that has authority for review and supervision of school district construction projects.

2.7.1. If the Project is subject to DSA jurisdiction, then Architect, and its Consultants, if any, shall comply with all the DSA requirements, including without limitation, all the requirements included and/or referenced in the following forms:

2.7.1.1 Form DSA IR A-6, Construction Change Document Submittal and Approval Process.

2.7.1.2 Form DSA IR A-24, Construction Phase Duties of the School District, Contractor and Design Professional.

2.7.1.3 Form DSA PR 13-01, Construction Oversight Process Procedure.




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2.7.1.3.1 Each of Architect’s duties as provided in the Construction Oversight Process Procedure shall be performed timely so as not to result in any delay to the Project.

2.7.1.4 Form DSA PR 13-02, Project Certification Process.

2.8. Architect shall provide Services as required to obtain any local, state and/or federal agencies’ approval for on-site and reasonable off-site work related to the Project including review by regulatory agencies having jurisdiction over the Project.

2.9. Architect shall direct and monitor the work of the District’s DSA project inspector(s) (“Project Inspector(s)”) and the District designated laboratory(ies) for concrete, soils, materials and other required testing (“Laboratory of Record”). Architect shall provide code required supervision of special inspectors not provided by the Laboratory of Record.

2.10. Architect shall give efficient supervision to Services, using its professional skill and attention. Architect shall carefully study and compare all contract documents, drawings, specifications, and other instructions (“Contract Documents”) and shall at once report to District, Construction Manager, and Contractor, any error, inconsistency, or omission that Architect or its employees may discover, in writing, with a copy to District's Project Inspector(s). Architect shall have responsibility for discovery of errors, inconsistencies, or omissions.

2.11. Architect recognizes that the District may obtain the services of a Construction Manager and that Architect may have to assume certain coordination and management responsibilities, including tracking Requests for Information (“RFI”), providing RFI responses, and leading all coordination meetings between the District, Project Inspectors, and contractors on the Project. The District reserves the right to retain the services of a Program Manager or Construction Manager or both at any time. The Construction Manager, if any, shall be authorized to give Architect Services authorizations and issue written approvals and notices to proceed on behalf of District. The District reserves the right to designate a different Construction Manager at any time. Any task, including, but not limited to, reviews or approvals that the District may perform pursuant to this Agreement may be performed by the Construction Manager, unless that task indicates it shall be performed by the Governing Board of the District. In addition, the District may have a constructability review of Architect’s design documents. Architect shall conform appropriate design documents to the constructability review as part of the Services under this Agreement and shall not be entitled to any compensation as Extra Services for this activity.




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2.12. Architect shall provide computer-generated pictures downloaded to computer files, updated as requested by the District, that the District may use on its website.

2.13. As part of the basic Services pursuant to this Agreement, Architect is not responsible for:

2.13.1. Ground contamination or hazardous material analysis.

2.13.2. Any asbestos and/or lead testing, design or abatement; however, it shall coordinate and integrate its work with any such information provided by District.

2.13.3. Compliance with the California Environmental Quality Act (“CEQA”), except that Architect agrees to coordinate its work with that of any CEQA consultants retained by the District, to provide current elevations and schematic drawings for use in CEQA compliance documents, and to incorporate any mitigation measures adopted by the District into the Project design at no additional cost to the District.

2.13.4. Historical significance report.

2.13.5. Soils investigation.

2.13.6. Geotechnical hazard report, except as indicated in Exhibit “A.”

Article 3. Architect Staff

3.1. The Architect has been selected to perform the Services herein because of the skills and expertise of key individuals.

3.2. The Architect agrees that the following key people in Architect’s firm shall be associated with the Project in the following capacities [All blanks below must be filled in by Architect and approved by District]:

Principal In Charge: Kevin A. MacQuarrie

Project Director: N/A_____________

Project Architect(s): Ector Mojica

Project Architect(s): N/A____________

Sustainability Advisor: N/A____________

Major Consultants:

Design: N/A____________

Electrical: WHM, Inc._______

Mechanical: Optimum Energy Design, Inc.

Structural: KPW Structural Engineers, Inc.




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Landscape: Carducci & Associates, Inc.

Civil: Hohbach-Lewin, Inc.

3.3. Architect shall not change any of the key personnel listed above without prior written approval by the District, unless said personnel cease to be employed by Architect. In either case, the District shall be allowed to interview and approve replacement personnel.

3.4. If any designated lead or key person fails to perform to the satisfaction of the District, then upon written notice Architect shall have five (5) days to remove that person from the Project and replace that person with one acceptable to the District. All lead or key personnel for any Consultant must also be designated by the Consultant and are subject to all conditions stated in this paragraph.

3.5. Architect represents that Architect has no existing interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of Services required under this Agreement and that no person having any such interest shall be employed by Architect.

3.6. Architect shall comply with Education Code section 17302(a) and agrees that any plans and/or specifications included in the Services shall be prepared under the supervision of licensed personnel, and that licensed personnel shall be in “responsible charge” of persons who observe the construction.

Article 4. Schedule of Services

Architect shall commence Services under this Agreement upon receipt of a notice to proceed and shall prosecute the Services diligently as described in Exhibit “A,” so as to proceed with and complete the Services in compliance with the schedule in Exhibit “C.” Time is of the essence and failure of Architect to perform Services on time as specified in this Agreement is a material breach of this Agreement. It shall not be a material breach if a delay is beyond the Architect’s or Architect’s Consultant(s)’ reasonable control.

Article 5. Construction Cost Budget

5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.

5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect




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shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.

5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:

5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.

5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.

5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.

5.3.4. Within three (3) months of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.

5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:

5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or

5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or

5.4.3. If the Construction Cost Budget increases in phases subsequent to the Schematic Design Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is located, in so far as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy.

Article 6. Fee and Method of Payment

6.1. The District shall pay Architect for all Services contracted for under this Agreement an amount equal to the following (“Fee”):

An amount equal to seven hundred seventy thousand dollars ($770,000)

6.2. The District shall pay Architect the Fee pursuant to the provisions of Exhibit “D.”

6.3. Architect shall bill its work under this Agreement in accordance with Exhibit “D.”




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6.4. No increase in Fee will be due from CCDs and/or change orders generated during the construction period to the extent caused by Architect’s negligent or intentional errors or omissions.

6.5. The Architect’s Fee set forth in this Agreement shall be full compensation for all of Architect’s Services incurred in the performance hereof as indicated in Exhibit “D.”

6.6. Regardless of the structure of Architect’s Fee, the Architect’s Fee may be adjusted downward if the Scope of Services of this Agreement is reduced by the District in accordance with this Agreement.

Article 7. Payment for Extra Services or Changes

Any charges for Extra Services shall be paid by the District as described in Exhibit “B” only upon certification that the claimed Extra Service was authorized as indicated herein and that the Extra Services have been satisfactorily completed. If any service is done by Architect without prior written authorization by the Construction Manager or the District’s authorized representative, the District will not be obligated to pay for such service. The foregoing provision notwithstanding, Architect will be paid by the District as described in Exhibit “B” for Extra Services that the Construction Manager or the District’s authorized representative verbally requests, provided that Architect confirms such request in writing pursuant to the notice requirements of this Agreement, and proceeds with such Extra Services not earlier than two (2) business days after the District receives confirmation of the request from the Architect.

Article 8. Ownership of Data

8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans including, but not limited to, record drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement.

8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement.

8.3. Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD). Architect shall deliver to District, on request, the compact disc format and the name of the supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents.




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8.4. In order to document exactly what CADD information was given to the District, Architect and District shall each sign a "hard" copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by anyone other than Architect or its Consultant(s) subsequent to it being given to the District.

8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), which the District shall have the right to utilize in any way permitted by statute:

8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format.

8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents.

8.5.3. One (1) set of non-fixed image CADD drawing files in DXF or DWG or both formats of the site plan, floor plans (architectural, plumbing, structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project.

8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement.

8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever.

8.6. In the event the District changes or uses any fully or partially completed documents without Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify Architect and its Consultants.

Article 9. Termination of Contract

9.1. If Architect fails to perform Architect’s duties to the satisfaction of the District, or if Architect fails to fulfill in a timely and professional manner Architect’s material obligations under this Agreement, or if Architect shall violate any of the material terms or provisions of this Agreement, the District shall have the right to terminate this




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Agreement, in whole or in part, effective immediately upon the District giving written notice thereof to the Architect. In the event of a termination pursuant to this subdivision, Architect may invoice the District for all Services performed until the notice of termination, but the District shall have the right to withhold payment and deduct any amounts equal to the District’s costs because of Architect’s actions, errors, or omissions that caused the District to terminate the Agreement.

9.2. District shall have the right in its sole discretion to terminate the Agreement for its own convenience. In the event of a termination for convenience, Architect may invoice District and District shall pay all undisputed invoice(s) for Services performed until the District’s notice of termination.

9.3. Except as indicated in this Article, termination shall have no effect upon any of the rights and obligations of the Parties arising out of any transaction occurring prior to the effective date of such termination.

9.4. Architect has the right to terminate this Agreement if the District does not fulfill its material obligations under this Agreement. Such termination shall be effective after receipt of written notice from Architect to the District. Architect may invoice the District and the District shall pay all undisputed invoice(s) for Services performed until Architect’s notice of termination.

9.5. If, at any time during the Project, the Governing Board of the District determines that the Project should be terminated, Architect, upon written notice from the District of such termination, shall immediately cease Services on the Project. The District shall pay Architect only the fee associated with the Services provided since the last invoice that has been paid and up to the notice of termination.

9.6. If the District suspends the Project for more than one hundred twenty (120) consecutive days, Architect shall be compensated for Services performed prior to notice of that suspension. When the Project is resumed, the schedule shall be adjusted and Architect’s compensation shall be equitably adjusted to provide for expenses incurred in the resumption of the Architect’s Services. If the District suspends the Project for more than two (2) years, Architect may terminate this Agreement by giving written notice.

Article 10. Indemnity/Architect Liability

10.1. To the furthest extent permitted by California law, Architect shall defend, indemnify, and hold free and harmless the District, its Governing Board, agents, representatives, officers, employees, and trustees (“the Indemnified Parties”) from any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Architect, its officers, employees, consultants, subconsultants, or agents (the "Design Team") arising out of, connected with, or resulting from this Agreement, the Design Team's performance of the Services, or the Design Team's performance of the Project.




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10.2. Architect shall be responsible for the payment of all consequential damages in whole or in part. Architect’s obligation pursuant to Section 10.1 includes reimbursing District for the cost of any settlement paid by the Indemnified Parties and for any and all fees and costs incurred by the indemnified parties to enforce the indemnity herein. Architect’s obligation to indemnify shall not be restricted to insurance proceeds. District shall also have the right to accept or reject any legal representation that Architect proposes to defend the Indemnified Parties.

10.3. District may withhold any and all costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Architect from amounts owing to Architect.

Article 11. Fingerprinting

Pursuant to Education Code section 45125.2, the District has determined on the basis of scope of Services in this Agreement, that Architect, its Consultants and their employees will have only limited contact with pupils at most. Architect shall promptly notify the District in writing of any facts or circumstances which might reasonably lead the District to determine that contact will be more than limited as defined by Education Code section 45125.1(d).

Article 12. Responsibilities of the District

12.1. The District shall provide any available requested Geotechnical and Survey information, records of prior planning, and make existing drawings of the existing buildings available to Architect.

12.2. The District shall examine the documents submitted by the Architect and shall render decisions so as to avoid unreasonable delay in the process of the Architect’s Services.

12.3. The District shall verbally or in writing advise Architect if the District becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect’s documents. Failure to provide such notice shall not relieve Architect of its responsibility therefore, if any.

12.4. Unless the District and Architect agree that a hazardous materials consultant shall be a Consultant of the Architect, the District shall furnish the services of a hazardous material consultant or other consultants when such services are requested in writing by Architect and deemed necessary by the District or are requested by the District. These services shall include: asbestos and lead paint survey; abatement documentation; and specifications related to said matters, which are to be incorporated into bid documents prepared by Architect. If the hazardous materials consultant is furnished by the District and is not a Consultant of the Architect, the specifications shall include a note to the effect that the hazardous materials consultant’s specifications are included in the Architect’s bid documents for the District’s convenience and have not been prepared or reviewed by the Architect. The note shall also direct questions about the hazardous materials consultant’s specifications related to asbestos and lead paint




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survey and/or abatement documentation to the preparer of the hazardous materials consultant’s specifications.

Article 13. Liability of District

13.1. Other than as provided in this Agreement, District’s financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement, unless caused by District’s negligence or willful misconduct.

13.2. District shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Architect, or by its employees, even though such equipment be furnished or loaned to Architect by District.

Article 14. Nondiscrimination

14.1. Architect agrees that no discrimination shall be made in the employment of persons under this Agreement because of the race, national origin, ancestry, religion, age, physical or mental disability, sex, or sexual orientation of such person.

14.2. Architect shall comply with any and all applicable regulations and laws governing nondiscrimination in employment.

Article 15. Insurance

15.1. Architect shall comply with the insurance requirements for this Agreement, set forth in Exhibit “E.”

15.2. Architect shall provide certificates of insurance and endorsements to District prior to commencement of the work of this Agreement as required in Exhibit “E.”

Article 16. Covenant against Contingent Fees

Architect warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Architect, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Architect, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, the District shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the contract price or consideration or to recover the full amount of such fee, commission, percentage fee, gift, or contingency.




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Article 17. Entire Agreement/Modification

This Agreement, including the Exhibits attached hereto, supersedes all previous contracts and constitutes the entire understanding of the Parties hereto. Architect shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both Parties. Architect and District specifically acknowledge that in entering this Agreement, Architect and District rely solely upon the provisions contained in this Agreement and no others.

Article 18. Non-Assignment of Agreement

In as much as this Agreement is intended to secure the professional Services of the Architect, Architect may not assign, transfer, delegate or sublet any interest therein without the prior written consent of District and any such assignment, transfer, delegation or sublease without the District’s prior written consent shall be considered null and void. Likewise, District may not assign, transfer, delegate or sublet any interest therein without the prior written consent of Architect and any such assignment, transfer, delegation or sublease without Architect’s prior written consent shall be considered null and void.

Article 19. Law, Venue

19.1. This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California.

19.2. To the fullest extent permitted by California law, the state courts in the county in which the District administration office is located and/or the US District Court with jurisdiction shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

Article 20. Alternative Dispute Resolution

All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement may be decided through mediation as the first method of resolution. If this method proves unsuccessful, then all claims, disputes or controversies as stated above may be decided through arbitration, if agreed to in writing by all Parties.

Article 21. Attorneys’ Fees

In the event either party shall bring any action or legal proceeding for damages for any alleged breach of any provision of or performance under this Agreement, to terminate this Agreement, or to enforce, protect or establish any term or covenant of this Agreement or right or remedy of either party, the prevailing party shall be entitled to recover, as a part of the action or proceeding, reasonable attorneys' fees and court costs, including consultants’ fees, attorneys' fees and costs for appeal, as may be fixed by the court. The term "prevailing party" shall mean the party who received substantially the




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relief requested, whether by settlement, dismissal, summary judgment, judgment, or otherwise.

Article 22. Severability

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

Article 23. Employment Status

23.1. Architect shall, during the entire term of Agreement, be an independent contractor and nothing in this Agreement is intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the District to exercise discretion or control over the professional manner in which Architect performs the Services that are the subject matter of this Agreement; provided always, however, that the Services to be provided by Architect shall be provided in a manner consistent with all applicable standards and regulations governing such Services.

23.2. Architect understands and agrees that Architect’s personnel are not and will not be eligible for membership in or any benefits from any District group plan for hospital, surgical or medical insurance or for membership in any District retirement program or for paid vacation, paid sick leave or other leave, with or without pay or for other benefits which accrue to a District employee.

23.3. Should the District, in its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State Employment Development Department, or both, determine that Architect, or any employee or Consultant of Architect, is an employee of the District for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by Architect which can be applied against this liability). The District shall then forward those amounts to the relevant taxing authority.

23.4. Should a relevant taxing authority determine a liability for past services performed by Architect for the District, upon notification of such fact by the District, Architect shall promptly remit such amount due or arrange with the District to have the amount due withheld from future payments to Architect under this Agreement (again, offsetting any amounts already paid by Architect which can be applied as a credit against such liability).

23.5. A determination of employment status pursuant to the preceding two (2) paragraphs shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, Architect shall not be considered an employee of the District. Notwithstanding the foregoing, should any court, arbitrator, or administrative authority determine that Architect is an employee for any other purpose, then




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Architect agrees to a reduction in District’s liability resulting from this Agreement pursuant to principles similar to those stated in the foregoing paragraphs so that the total expenses of District under this Agreement shall not be greater than they would have been had the court, arbitrator, or administrative authority determined that Architect or any of its employees or Consultants was not an employee of the District.

23.6. Nothing in this Agreement shall operate to confer rights or benefits on persons or entities not a party to this Agreement.

Article 24. Certificate of Architect

24.1. Architect certifies that the Architect is properly certified or licensed under the laws and regulations of the State of California to provide the professional services that it has herein agreed to perform.

24.2. Architect certifies that it is aware of the provisions of the California Labor Code that require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with those provisions before commencing the performance of the Services of this Agreement.

24.3. Architect certifies that it is aware of the provisions of California Labor Code and California Code of Regulations that require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). Since the Architect is performing Services as part of “public works” or “maintenance” project, and since the total compensation is one thousand dollars ($1,000) or more, the Architect agrees to fully comply with and to require its Consultant(s) to fully comply with all requirements of the Prevailing Wage Laws.

Article 25. Cost Disclosure - Documents and Written Reports

Architect shall be responsible for compliance with California Government Code section 7550, if the total cost of the Contract is over five thousand dollars ($5,000).

Article 26. Notice & Communications

Notices and communications between the Parties to this Agreement may be sent to the following addresses:

District:

Cabrillo Unified School District 498 Kelly Avenue Half Moon Bay, CA 94019 ATTN.: Tony Roehrick, Ed.D Superintendent

FAX: 650-726-0279

Architect:

WLC Architects, Inc. 2600 Tenth St., Suite 500 Berkeley, CA 94710 ATTN: Kevin A. MacQuarrie, AIA Vice President

FAX: 510-450-2525




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Any notice personally given shall be effective upon receipt. Any notice sent by facsimile shall be effective the day after transmission. Any notice sent by overnight delivery service shall be effective the day after delivery. Any notice given by mail shall be effective five (5) days after deposit in the United States mail.

Article 27. Disabled Veteran Business Enterprise Participation (If Applicable)

Pursuant to section 17076.11 of the Education Code, the District has a participation goal for disabled veteran business enterprises (“DVBE” or “DVBEs”) of at least three percent (3%), per year, of funds expended each year by the District on projects that use funds allocated by the State Allocation Board pursuant to the Leroy F. Greene School Facilities Act (the “Act”). This Project may use funds allocated under the Act. Therefore, to the extent feasible and pertaining to future hirings, Architect, before it executes the Agreement, shall provide to the District Architect’s certification of compliance with the procedures for implementation of DVBE contracting goals, appropriate documentation identifying the amount(s) intended to be paid to DVBEs in conjunction with the contract, and documentation demonstrating Architect’s good faith efforts to meet these goals.

Article 28. District’s Right to Audit

28.1. District retains the right to review and audit, and the reasonable right of access to Architect’s and any Consultant’s premises to review and audit the Architect’s compliance with the provisions of this Agreement (“District’s Right”). The District’s Right includes the right to inspect, photocopy, and to retain copies, outside of Architect’s premises, of any and all Project-related records and other information with appropriate safeguards, if such retention is deemed necessary by the District in its sole discretion. The District shall keep this information confidential, as allowed by applicable law.

28.2. The District’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the District determines is necessary to discover and verify whether Architect is in compliance with all requirements of this Agreement.

28.3. If there is a claim for additional compensation or for Extra Services, the District’s Right includes the right to examine books, records, documents, and any and all other evidence and accounting procedures and practices that the District determines is necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred.

28.4. Architect shall maintain complete and accurate records in accordance with generally accepted accounting practices in the industry. Architect shall make available to the District for review and audit all Project-related accounting records and documents and any other financial data. Upon District’s request, Architect shall submit exact duplicates of originals of all requested records to the District.




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28.5. Architect shall include audit provisions in any and all of its subcontracts, and shall ensure that these sections are binding upon all Consultants.

28.6. Architect shall comply with these provisions within fifteen (15) days of the District’s written request to review and audit any or all of Architect’s Project-related records and information.

Article 29. Other Provisions

29.1. Architect shall be responsible for the cost of reviewing CCDs and/or change orders caused by the Architect’s willful misconduct, recklessness, or negligent acts, errors or omissions. Without limiting Architect’s liability for indirect cost impacts, the direct costs for change orders for which Architect shall be liable shall equal the difference between the cost of the change order and the reasonable cost of the work had that work been a part of the originally prepared Contract Documents. These amounts shall be paid by Architect to District or the District may withhold those costs from amounts owing to Architect.

29.2. Neither the District’s review, approval of, nor payment for, any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, and Architect shall remain liable to the District in accordance with this Agreement for all damages to the District caused by Architect’s failure to perform any of the Services furnished under this Agreement to the standard of care of the Architect for its Services, which shall be, at a minimum, the standard of care of architects performing similar work for California school districts in or around the same geographic area as the District.

29.3. Each party warrants that it has had the opportunity to consult counsel and understands the terms of this Agreement and the consequences of executing it. In addition, each party acknowledges that the drafting of this Agreement was the product of negotiation, that no party is the author of this Agreement, and that this Agreement shall not be construed against any party as the drafter of the Agreement.

Article 30. Exhibits

Exhibits “A” through “G” attached hereto are hereby incorporated by this reference and made a part of this Agreement. Architect agrees to execute Exhibits F and/or G and submit to District with three (3) copies of the executed agreement.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]




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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.


Date: , 2014

Signature: _________________________

By: Tony Roehrick Ed.D.

Title: Superintendent

WLC Architects, Inc.

Date: , 2014

Signature: _________________________

By: Kevin A. MacQuarrie, AIA

Title: Vice President

License No. 25998


EXHIBIT "A"

RESPONSIBILITIES AND SERVICES OF ARCHITECT

TABLE OF CONTENTS

A. SCOPE OF PROJECT ........................................................................................ 1 B. BASIC SERVICES ........................................................................................... 1 C. PRE-DESIGN AND START-UP SERVICES ............................................................ 5 D. SCHEMATIC DESIGN PHASE ............................................................................ 8 E. DESIGN DEVELOPMENT PHASE ...................................................................... 12 F. CONSTRUCTION DOCUMENTS PHASE ............................................................. 16 G. BIDDING PHASE .......................................................................................... 23 H. CONSTRUCTION ADMINISTRATION PHASE ...................................................... 25 I. CLOSE OUT PHASE ....................................................................................... 29 J. MEETINGS / SITE VISITS / WORKSHOPS ........................................................ 30


EXHIBIT A Page A - 1 AGREEMENT FOR ARCHITECTURAL SERVICES SCOPE AND BASIC SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

EXHIBIT "A"

RESPONSIBILITIES AND SERVICES OF ARCHITECT Architect shall provide all professional services necessary for completing the following: A. SCOPE OF PROJECT

1. Project Name: Construction of Cunha Intermediate School Gymnasium

2. Construction Cost Budget: $7,700,000 Square footage: 18,000 s.f.

3. Summary of Project: Design and construction of a new 18,000 square-foot gymnasium buildi.ng on the Cunha Intermediate School campus. The design will include and/or provide for, but is not limited to, one (1) main large gymnasium, containing:

(a) Retractable bleachers with platform chairs for the main court, seating approximately nine hundred (900) people;

(b) Typical retractable bleachers, seating approximately two hundred fifty (250) people at each cross court;

(c) Two (2) small team locker rooms;

(d) Two (2) public restrooms;

(e) Storage;

(f) One (1) concession area;

(g) One (1) lobby area; and

(h) One (1) removable stage, sound and lighting system for use of the gymnasium as a performance space.

B. BASIC SERVICES

Architect agrees to provide the Services described below:

1. Architect shall be responsible for the professional quality and technical accuracy of all studies, reports, projections, master plans, designs, drawings, specifications and other services furnished by Architect under the Agreement as well as coordination with all master plans, studies, reports and other information provided by District. Architect shall, without additional compensation, correct or revise any errors or omissions in its studies, reports, projections, master plans, design, drawings, specifications and other Services.

2. Architect will use all due care and diligence to confirm that its plans and

specifications and all other information provided by or on behalf of the District to



potential bidders discloses and publishes any potentially relevant information that could, in any way, have an impact on a contractor's cost of performance. Architect shall advise the District of the most effective methods of identifying and securing such information as part of each stage of design. Architect shall track for District's benefit all such suggested and disclosed information.

3. Architect shall coordinate with existing Coastal Development Permit(s) (“CDP”)

and/or obtain CDPs through the City of Half Moon Bay’s Local Coastal and Environmental Review Process (“LCERP”). This shall include providing the District with documentation for submittal to the City of Half Moon Bay (“City”) for review under the LCERP. In addition, Architect shall coordinate with the District’s CEQA consultant as required for the CDP/LCERP. Architect shall respond and make revisions in response to City comments from any City departments and/or utilities, including, but not limited to, Police, Fire, Water, Sewer, Engineering, Public Works, and Parks & Recreation Departments. Architect shall also make any Owner-directed changes based on comments from the City, and shall make informational presentations to the City as required. Architect shall coordinate contracts, as necessary, through the California Multiple Award Schedules (“CMAS”) for flooring materials and installation as an additional service.

4. The District shall provide all information available to it to the extent the information

relates to Architect’s scope of work. This information shall include, if available,

a. Physical characteristics;

b. Legal limitations and utility locations for the Project site(s);

c. Written legal description(s) of the Project site(s);

d. Grades and lines of streets, alleys, pavements, and adjoining property and structures;

e. Adjacent drainage;

f. Rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions,

and boundaries and contours of the Project site(s);

g. Locations, dimensions and necessary data with respect to existing buildings, other improvements and trees;

h. Information concerning available utility services and lines, mechanical and other

services, both public and private, above and below grade, including inverts and depths; and

i. Subsoil data, chemical data, and other data logs of borings.

Architect shall Visually Verify this information and all existing Project utilities, including capacity, and document the location of existing utility lines, telephone, water, sewage, storm drains and other lines on or around the Project to the extent determinable by the documents provided by the District.



If Architect determines that the information or documentation the District provides is insufficient for purposes of design or if Architect requires reports; as-built drawings; record drawings; a topographical survey; geotechnical report; structural, mechanical, and/or chemical tests; tests for air and/or water pollution; test borings; test pits; determinations of soil bearing values; percolation tests; ground corrosion tests; resistivity tests; tests for hazardous materials; tests for anticipating subsoil conditions; and/or other information that the District has not provided, the Architect shall request that the District acquire that information at the soonest possible time after Architect becomes aware that this additional information is needed. If the Parties mutually agree, this additional information and service may be procured through the Architect, who may invoice the District for those services as Extra Services.

5. Technology Backbone. Architect shall be responsible for the coordination of the

design and the layout of the technology backbone system with the District’s technology consultant, and lay out any included technology backbone system. The coordination effort shall include location and routing of raceways, conduits and outlets and the required spaces to accommodate electrical, data and communication wiring. Architect and Consultant(s) shall prepare and be responsible for documents prepared by the Architect based on the information provided by the District’s technology consultant as appropriate to the level of design completion.

6. Interior Design. Architect shall provide interior design and other similar services

required for or in connection with selection and color coordination of materials. Architect is required to coordinate the placement of furniture, equipment layout, or schematic space allocation. The District shall procure furnishings and moveable equipment. Architect shall advise the District on lead times and availability of Project equipment, materials, supplies, and furnishings to ensure that all of these will be available to the District in a timely fashion so as not to delay the Project and/or the District’s beneficial occupancy of the Project.

7. District Standards. Architect shall incorporate into its work and the work of all

Consultants the adopted District standards for facilities and construction including, but not limited to, the District Standards identified by District and provided to Architect.

8. High Performance Schools. If the District adheres to the Collaborative for High

Performance School (“CHPS”) Best Practice Standards, the Services provided by the Architect shall incorporate the CHPS Best Practice Standards and criteria to the extent feasible.

9. Mandatory Assistance. If a third party dispute or litigation, or both, arises out of,

or relates in any way to the Services provided under this Agreement, upon the District's request, the Architect, its agents, officers, and employees agree to assist in resolving the dispute or litigation. Architect's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation (“Mandatory Assistance”).

The Architect shall provide Mandatory Assistance as an additional service if the Architect is not liable for the dispute or litigation, or both in whole or in part.




EXHIBIT A Page A - 5 AGREEMENT FOR ARCHITECTURAL SERVICES PRE-DESIGN AND START-UP SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

C. PRE-DESIGN AND START-UP SERVICES

1. Project Initiation

Upon final execution of the Agreement with the District, Architect shall: a. Within the first week following execution of the Agreement, review the proposed

Schedule of Services set forth in Exhibit “C” to the Agreement and prepare a detailed scope of work list and work plan for documentation in a computer-generated Project schedule to the District’s satisfaction. This scope of work list and work plan will identify specific tasks including, but not limited to: interviews, data collection, analysis, report preparation, planning, architectural programming, concepts and schematic design preparation and estimating that are part of the work of the Project. Architect shall also identify milestone activities or dates, specific task responsibilities, required completion times necessary for review and approval by the District and by all regulatory agencies and additional definition of deliverables.

b. Review the developed work plan with the District and its representatives to

familiarize them with the proposed tasks and schedule and develop necessary modifications.

2. Development of Architectural Program

Architect shall prepare for the District’s review an architectural program as follows:

a. Perform pre-design investigations to establish appropriate guidelines around

which and within which the Project is to be designed. Identify design issues relating to functional needs, directives and constraints imposed by regulatory codes. Review all data pertinent to the Project including survey, site maps, geotechnical reports and recommendations, soil testing results reports, and pertinent historical data, and other relevant information provided by District.

b. Review DSA codes pertaining to the proposed Project design.

c. Identify design issues relating to functional needs, directives and constraints

imposed by applicable regulatory codes.

d. Based on survey and topography data provided by the District, input into computer and develop existing conditions base for the Schematic Design Phase.

e. Administer Project as required to coordinate work with the District and among

Consultants.

f. Develop District standards for facilities and construction, including but not limited to designation of any material, product, thing or service by specific brand or trade name pursuant to Public Contract Code section 3400, subdivision (c).



3. Construction Cost Budget

a. Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget within the parameters of the Construction Budget established by the District for the Project. The estimates forming the basis of the Construction Cost Budget are to be based on the developed functional architectural program as approved by the District. The following conditions apply to the Construction Cost Budget prepared by the Architect:

(i) All costs are to be based on current bid prices, with escalation rate and

duration clearly identified as a separate line item; rate of cost escalation and projected bid and construction dates are to be approved by the District and its representatives.

(ii) Format shall be in a building systems format (e.g., foundations, substructure, structural system, exterior wall enclosure, window systems, etc.) for new buildings, and summarized by the Construction Specification Institute (“CSI”) categories for buildings being modernized.

(iii) Contingencies for design, bidding, and construction are to be included as individual line items, with the percentage and base of calculation clearly identified.

(iv) Architect shall include all information and estimates from the District and/or the Construction Manager that are intended to be part of the Construction Cost Budget.

(v) One (1) week prior to submittal of documents, Architect shall submit its proposed Construction Cost Budget to the District and the Construction Manager for review and approval. At that time, Architect shall coordinate with the District and the Construction Manager to further develop, review, and reconcile the Construction Cost Budget.

(vi) Mechanical, electrical, civil, landscape and estimating consultant(s) shall participate in the progress meeting as appropriate and shall provide input and feedback into the development of the Construction Cost Budget.

b. The Construction Cost Budget for the Project must at no point exceed the

District’s Construction Budget for the Project. The accuracy of the Construction Cost Budget shall be the responsibility of the Architect.

4. Presentation

Architect, along with any involved consultant(s), shall present and review with the District and, if directed, with the District’s Governing Board, the summary and detail of work involved in this Phase, including two-dimensional renderings of any proposed facility suitable for public presentation.



5. Deliverables and Numbers of Copies

Architect shall provide to the District a hard copy of the following items produced in this Phase, together with one (1) copy of each item in electronic format:

a. Two (2) copies of the Architectural Program (include comparison between

developed program and “model” program, include narrative explaining any substantial deviations);

b. Two (2) copies of the Site Plan;

c. Two (2) copies of the revised Construction Cost Budget;

d. Two (2) copies of the final Schedule of Services;

e. Two (2) copies of the meeting Reports/Minutes from the Kick-off and other

meetings; and

f. Two (2) copies of the renderings provided to District for public presentation.

6. Meetings

During this Phase, Architect shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated below in Section J.



EXHIBIT A Page A - 8 AGREEMENT FOR ARCHITECTURAL SERVICES SCHEMATIC DESIGN PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

D. SCHEMATIC DESIGN PHASE

Upon District’s acceptance of Architect’s work in the previous Phase and assuming District has not delayed or terminated the Agreement, Architect shall prepare for the District’s review a Schematic Design Study, containing the following items as applicable to the Project scope, as follows:

1. Prepare and review with District staff a scope of work list and work plan identifying

specific tasks including, but not limited to: interviews, data collection, analysis, report preparation, planning, architectural programming, concepts and schematic design preparation and estimating that are part of the work of the Project. Also identified will be milestone activities or dates, specific task responsibilities of the Architect, required completion times necessary for the review and approval by the District and by pertinent regulatory agencies and additional definition of deliverables.

2. Review the developed work plan with the District and its representatives to

familiarize them with the proposed tasks and schedule and develop necessary modifications.

3. Architectural

a. Assemble and prepare Architectural background plans of existing conditions.

b. Schematic drawings as necessary to establish building layout, size, shape, and

basic systems.

c. Scaled floor plans showing overall dimensions, identifying the various major areas and their relationship. Include circulation and room-by-room tabulation of all net usable floor areas and a summary of gross floor area. Also, provide typical layouts of major equipment or operational layout.

d. Preliminary building exterior elevations and sections in sufficient detail to

demonstrate design concept indicating location and size of fenestration.

e. As applicable, identify proposed roof system, deck, insulation system, and drainage technique.

f. Identify minimum finish requirements, including ceiling, floors, walls, doors,

windows, and types of hardware.

g. Identify code requirements; include occupancy classification(s) and type of construction.

4. Structural

a. Layout structural systems with dimensions and floor elevations. Identify

structural systems (including pre-cast, structural steel with composite deck, structural steel bar joists) with preliminary sizing identified.

b. Identify foundation systems (including fill requirements, piles, caissons, spread

footings) with preliminary sizing identified.



5. Mechanical

a. Calculate block heating, ventilation, and cooling loads including skin versus

internal loading.

b. Select a minimum of two (2) HVAC systems that appear compatible with loading conditions for subsequent life cycle costing.

c. Show selected system on drawings as follows:

(i) Single line drawing(s) of all mechanical equipment spaces, ductwork and

pipe chases. (ii) Location and preliminary sizing of all major equipment and duct work in

allocated spaces. (iii) Schematic piping. (iv) Temperature control zoning.

d. Provide design criteria to include the intent base of design for the Project.

e. Evaluate and confirm the load requirements of all equipment and systems, the

impact of those on existing facilities, and the requirements to increase these loads to accommodate the increase.

6. Electrical

a. Calculate overall approximate electrical loads.

b. Identify proposed electrical system for service, power, lighting, low voltage and

communication loads, including proposed or planned additional buildings or other facilities on the Project site.

c. Show system(s) selected on drawings as follows:

(i) Single line drawing(s) showing major distribution system. (ii) Location and preliminary sizing of all major electrical systems and

components including:

(A) Load centers. (B) Main panels. (C) Switch gear.

d. Provide design criteria to include the intent base of design for the Project.

e. Evaluate and confirm the load requirements of all equipment and systems, the

impact of those on existing facilities, and the requirements to increase these loads to accommodate the increase.



7. Civil

a. Develop on and off site utility systems such as sewer, water, storm drain,

firewater lines and fire hydrants.

b. Identify surface improvements including roadways, walkways, parking (with assumed wheel weights), preliminary finish grades and drainage.

c. Coordinate finish floor elevations with architectural site plan.

8. Landscape

Develop and coordinate landscape design concepts entailing analysis of existing conditions, proposed components and how the occupants will use the facility. Include location and description of planting, ground improvements and visual barriers.

9. Specifications

Prepare outline specifications of proposed architectural, structural, mechanical and electrical materials, systems and equipment and their criteria and quality standards. Architect is to use District’s standardized equipment/material list for new construction and modernization in development of the Project design and specifications. Architect shall review and comment on District’s construction bid contracts and contract documents (the “Division 0” and “Division 1” documents) as part of its work under the Agreement.


Revise the Construction Cost Budget for the Project. Along with the conditions identified in the preceding Phase, the following conditions apply to the revised Construction Cost Budget:

a. Schematic Estimates: This estimate consists of unit cost applied to the major

items and quantities of work. The unit cost shall reflect the complete direct current cost of work. Complete cost includes labor, material, waste allowance, sales tax and subcontractor's mark-up.

(i) General conditions shall be applied separately. This estimate shall be

prepared by specification section and summarized by the CSI categories.

b. The estimate shall separate the Project's building cost from site and utilities cost. Architect shall submit to the District the cost estimating format for prior review and approval.

c. Escalation: all estimates shall be priced out at current market conditions. The

estimates shall incorporate all adjustments as appropriate, relating to mid-point construction, contingency, and cost index (i.e. Lee Saylor Index).



d. The Construction Cost Budget for the Project must at no point exceed the District’s Construction Budget. The accuracy of the Construction Cost Budget shall be the responsibility of the Architect.

e. Architect shall submit its proposed Construction Cost Budget to the District and

the Construction Manager for review and approval. At that time, Architect shall coordinate with the District and Construction Manager to further develop, review, and reconcile the Construction Cost Budget.

f. At the end of this Phase, the Construction Cost Budget may include design

contingencies of no more than ten percent (10%) in the cost estimates.


Architect shall provide to the District a hard copy of the following items produced in this phase, together with one (1) copy of each item in electronic format:

a. Two (2) copies of the breakdown of Construction Cost Budget as prepared for this

Phase; b. Two (2) copies of meeting reports/minutes; c. Two (2) copies of the Schematic Design Package with alternatives; d. Two (2) copies of a statement indicating changes made to the Architectural

Program and Schedule; and e. Two (2) copies of the DSA file, including all correspondence and meeting notes to

date, or notification in writing that Architect has not met or corresponded with DSA.

12. Presentation

a. Architect shall present and review with the District the detailed Schematic

Design.

b. The Schematic Design shall be revised within the accepted program parameters until a final concept within the accepted Construction Cost Budget has been accepted and approved by the District at no additional cost to the District.

13. Meetings




EXHIBIT A Page A - 12 AGREEMENT FOR ARCHITECTURAL SERVICES DESIGN DEVELOPMENT PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

E. DESIGN DEVELOPMENT PHASE

Upon District’s acceptance of Architect’s work in the previous Phase and assuming District has not delayed or terminated the Agreement, Architect shall prepare from the accepted deliverables from the Schematic Design Phase, the Design Development Phase documents consisting of the following for each proposed system within Architect’s scope of work:

1. Architectural

a. Scaled, dimensioned floor plans with final room locations including all openings.

b. 1/8" scale building sections showing dimensional relationships, materials and

component relationships. c. Exterior elevations of all proposed new buildings, existing buildings to be

renovated and all architectural elements of the Project.

d. Identification of all fixed equipment to be installed in Project. e. Interior finishes identified and located within the rooms of all buildings.

f. Site plan completely drawn with beginning notes and dimensions including

grading and paving.

g. Preliminary development of details and large scale blow-ups.

h. Legend showing all symbols used on drawings.

i. Floor plans identifying all fixed and major movable equipment and furniture.

j. Further refinement of Outline Specifications for architectural, structural, mechanical, electrical, civil and landscape manuals, systems and equipment.

k. Typical reflected ceiling development including ceiling grid and heights for each

ceiling to be used, showing:

(i) Light fixtures.

(ii) Ceiling registers or diffusers.

(iii) Access Panels.

2. Structural

a. Structural drawings with all major members located and sized.

b. Establish final building and floor elevations.

c. Preliminary specifications.



d. Preliminary calculations for the structural systems including lateral force resistive

systems, foundations, and all structural system components.

e. Identify foundation requirement (including fill requirement, piles) with associated soil pressure, water table and seismic center.

3. Mechanical

a. Heating and cooling load calculations as required and major duct or pipe runs

sized to interface with structural.

b. Major mechanical equipment should be scheduled indicating size and capacity.

c. Ductwork and piping should be substantially located and sized. d. Plumbing plans for the Project shall indicate numbers and locations of fixtures

and be in conformance with the code-mandated fixture count requirements of the Project.

e. Devices in ceiling should be located.

f. Legend showing all symbols used on drawings.

g. More developed Outline Specifications indicating quality level and manufacture.

h. Control Systems identified.

i. Further evaluation and confirmation of the load requirements of all equipment

and systems, the impact of those on existing facilities, and the requirements to increase these loads to accommodate the increase.

4. Electrical

a. All lighting fixtures should be located and scheduled showing all types and

quantities of fixtures to be used, including proposed lighting levels for each usable space.

b. All major electrical equipment should be scheduled indicating size and capacity.

c. Complete electrical distribution including a one-line diagram indicating final

location of switchboards, communications, controls (high and low voltage), motor control centers, panels, transformers and emergency generators, if required. Low-voltage system includes fire alarm system, security system, clock and public address system, bell system, voice-data system, and telecom/technology system.

d. Legend showing all symbols used on drawings.

e. More developed and detailed Outline Specifications indicating quality level and

manufacture.



f. Further evaluation and confirmation of the load requirements of all equipment and systems, the impact of those on existing facilities, and the requirements to increase these loads to accommodate the increase.

5. Civil

a. Further refinement of Schematic Design Phase development of on and off site

utility systems for sewer, electrical, water, storm drain and fire water. Includes, without limitation, pipe sizes, materials, invert elevation location and installation details.

b. Further refinement of Schematic Design Phase roadways, walkways, parking and

storm drainage improvements. Includes details and large scale drawings of curb and gutter, manhole, thrust blocks, paved parking and roadway sections.

6. Landscape

Further refinement of Schematic Design concepts. Includes coordination of hardscape, landscape planting, ground cover, and irrigation main distribution lines.

7. Bid Documents

Architect shall review and comment on District’s construction bid contracts and contract documents (the “Division 0” and “Division 1” documents) as part of its work under the Agreement.


a. Revise the Construction Cost Budget for the Project. Along with the conditions

identified in the Agreement and the preceding Phases, the following conditions apply to the revised Construction Cost Budget:

(i) Design Development Estimate: This further revised estimate shall be

prepared by specification section, summarized by CSI category and divided by trade and work item. The estimate shall include individual item unit costs of materials, labor and equipment. Sales tax, Contractor's mark-ups, and general conditions shall be listed separately.

(ii) The Construction Cost Budget for the Project must at no point exceed the

District’s Construction Budget. The accuracy of the Construction Cost Budget shall be the responsibility of the Architect.

(iii) At this stage of the design, the Construction Cost Budget may include

design contingencies of no more than ten percent (10%) in the cost estimates.

b. Architect shall submit its proposed Construction Cost Budget to the District and

the Construction Manager for review and approval. At that time, the Architect shall coordinate with the District and the Construction Manager to further develop, review, and reconcile the Construction Cost Budget.





a. Two (2) copies of the Design Development drawing set from all professional

disciplines necessary to deliver the Project;

b. Two (2) copies of the Specifications;

c. Two (2) copies of the revised Construction Cost Budget; and

d. Two (2) copies of the DSA file, including all correspondence and meeting notes to date, or notification in writing that Architect has not met or corresponded with DSA.

The Design Development deliverables shall be revised within the accepted program parameters until a final concept within the accepted Construction Cost Budget has been accepted and approved by the District at no additional cost to the District.

10. Meetings




EXHIBIT A Page A - 16 AGREEMENT FOR ARCHITECTURAL SERVICES CONSTRUCTION DOCUMENTS PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

F. CONSTRUCTION DOCUMENTS PHASE

Upon District’s acceptance of Architect’s work in the previous Phase and assuming District has not delayed or terminated the Agreement, Architect shall prepare from the accepted deliverables from the Design Development Phase the Construction Documents as necessary for DSA submittal and construction, and Architect shall also submit to DSA for approval the Construction Documents including, but not limited to, the following for each proposed system within Architect’s scope of work:

1. Construction Documents (“CD”) 50% Stage:

a. General

Verify lead times and availability of all Project equipment, materials, and supplies and ensure that all of these will be available to the Contractor in a timely fashion so as not to delay the Project.

b. Architectural

(i) Site plan developed to show building location, all topographical elements

and existing/proposed contour lines. (ii) Elevations (exterior and interior), sections and floor plans corrected to

reflect design development review comments. (iii) Architectural details and large blow-ups started. (iv) Well developed finish, door, and hardware schedules. (v) Site utility plans started. (vi) Fixed equipment details and identification started. (vii) Reflected ceiling plans coordinated with floor plans and mechanical and

electrical systems.

c. Structural

(i) Structural floor plans and sections with detailing well advanced. (ii) Structural footing and foundation plans, floor and roof framing plans with

detailing well advanced. (iii) Completed cover sheet with general notes, symbols and legends.

d. Mechanical

(i) Mechanical calculations virtually completed with all piping and ductwork

sized. (ii) Large scale mechanical details started.



(iii) Mechanical schedule for equipment substantially developed.

(iv) Complete design of Energy Management System (“EMS”).

e. Electrical

(i) Lighting, power, signal and communication plans showing all switching and

controls. Fixture schedule and lighting details development started. (ii) Distribution information on all power consuming equipment; lighting and

device branch wiring development well started. (iii) All electrical equipment schedules started. (iv) Special system components approximately located on plans. (v) Complete design of low-voltage system. Low-voltage system includes fire

alarm system, security system, clock and public address system, voice-data system, and telecom/technology system.

f. Civil

All site plans, site utilities, parking, walkway, and roadway systems updated to reflect update revisions from Design Development Phase Documents.

g. Landscape

All landscape, hardscape, and irrigation plans updated to reflect update revisions from Design Development Phase Documents.

h. Construction Cost Budget

(i) Revise the Construction Cost Budget for the Project. Along with the

conditions identified in the preceding phases, Architect shall update and refine the Design Development Phase revisions to the Construction Cost Budget. Architect shall provide a Construction Cost Budget sorted by Project Bid Packages, if more than one.



(iii) Architect shall submit its proposed Construction Cost Budget to the District

and the Construction Manager for review and approval. At that time, the Architect shall coordinate with the District and the Construction Manager to further develop, review, and reconcile the Construction Cost Budget.

(iv) At this stage of the design, the Construction Cost Budget may include

design contingencies of no more than five percent (5%) in the cost estimates.



i. Specifications

More than fifty percent (50%) complete development and preparation of technical specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the Project.

(i) No part of the specifications shall call for a designated material, product,

thing, or service by specific brand or trade name unless:

(A) The specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service, as required by Public Contract Code, section 3400, or

(B) The designation is allowable by a specific allowable exemption or

exception pursuant to Public Contract Code, section 3400.

(ii) Specifications shall not contain restrictions that will limit competitive bids other than those required for maintenance convenience by the District and only with District’s prior approval.

(iii) Specifications shall be in CSI format.

j. Deliverables and Numbers of Copies


(i) Two (2) reproducible copies of working drawings; (ii) Two (2) copies of the Specifications; (iii) Two (2) copies of the statement of requirements for testing and inspection

of service for compliance with Contract Documents and applicable codes; and

(iv) Two (2) copies of a statement indicating any authorized changes made to

the design from the last Phase and the cost impact of each change on the previously approved Construction Cost Budget. If no design changes occur but shifts of costs occur between disciplines, identify for District review.

2. Construction Documents – 100% / Completion Stage:

a. Architectural

(i) Completed site plan. (ii) Completed floor plans, elevations, and sections. (iii) Architectural details and large blow-ups completed.



(iv) Finish, door, and hardware schedules completed, including all details. (v) Site utility plans completed. (vi) Fixed equipment details and identification completed.

(vii) Reflected ceiling plans completed.

b. Structural

(i) Structural floor plans and sections with detailing completed. (ii) Structural calculations completed.

c. Mechanical

(i) Large scale mechanical details complete. (ii) Mechanical schedules for equipment completed. (iii) Completed electrical schematic for environmental cooling and exhaust

equipment. (iv) Complete energy conservation calculations and report.

d. Electrical

(i) Lighting and power plan showing all switching and controls. Fixture

schedule and lighting details completed. (ii) Distribution information on all power consuming equipment, including

lighting, power, signal and communication device(s) branch wiring completed.

(iii) All electrical equipment schedules completed. (iv) Special system components plans completed. (v) Electrical load calculations completed.

e. Civil

All site plans, site utilities, parking and roadway systems completed.

f. Construction Cost Budget

(i) Revise the Construction Cost Budget for the Project. Along with the

conditions identified in the preceding phases, Architect shall update and refine the fifty percent (50%) Construction Documents Phase revisions to the Construction Cost Budget.





(iii) Architect shall submit its proposed Construction Cost Budget to the District

and the Construction Manager for review and approval. At that time, Architect shall coordinate with the District and the Construction Manager to further develop, review, and reconcile the Construction Cost Budget.

(iv) At this stage of the design, the Construction Cost Budget shall not include

any design contingencies in excess of the cost estimates.

g. Specifications

(i) Complete development and preparation of technical specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the Project.

(ii) No part of the specifications shall call for a designated material, product,

thing, or service by specific brand or trade name unless:

(A) The specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service, as required by Public Contract Code section 3400, or

(B) The designation is allowable by specific allowable exemptions or

exceptions pursuant to Public Contract Code section 3400.

(iii) Specifications shall not contain restrictions that will limit competitive bids other than those required for maintenance convenience by the District and only with District’s prior approval.

(iv) At one hundred percent (100%) review, District shall review the

Specifications and shall direct Architect to make corrections at no cost to the District.

(v) Coordination of the Specifications with specifications developed by other

disciplines. (vi) Specifications shall be in CSI format.

h. Constructability Review

The District and/or its designee, at its sole discretion, shall have the right to conduct a constructability review of the Construction Documents. A report shall be given to the Architect who shall make necessary changes along with providing written comments for each item listed in the report. Conducting a constructability review does not excuse the Architect’s obligation to provide Services that shall comply with professional architectural standards, including the



standard of care applicable to architects designing public school facilities and applicable requirements of federal, state, and local law.

i. Deliverables and Numbers of Copies

Architect shall provide to the District a hard copy of the following items produced in this Phase, together with one (1) copy of each item in electronic format:

(i) Two (2) reproducible copies of working drawings;

(ii) Two (2) copies of the Specifications;

(iii) Two (2) copies of the engineering calculations;

(iv) Two (2) copies of the revised Construction Cost Budgets;

(v) Two (2) copies of the statement of requirements for testing and inspection

of service for compliance with Construction Documents and applicable codes;

(vi) Two (2) copies of the DSA file including all correspondence, meeting,

minutes or reports, back-check comments, checklists to date; and (vii) Two (2) copies of a statement indicating any authorized changes made to

the design from the last Phase and the cost impact of each change on the previously approved Construction Cost Budget. If no design changes occur but shifts of costs occur between disciplines, identify for District review.

3. Construction Documents Final Back-Check Stage:

a. The Construction Documents final back-check stage shall be for the purpose of

the Architect incorporating all regulatory agencies' comments into the drawings, specifications, and estimate. All changes made by the Architect during this stage shall be at no additional cost to the District.

b. The final contract documents delivered to the District upon completion of the

Architect’s work shall be the Bid Set and shall consist of the following:

(i) Drawings: Original tracings of all drawings on Architect’s tracing paper with each Architect/Consultant’s State license stamp.

(ii) Specifications: Original word-processed technical specifications on

reproducible masters in CSI format.

c. Architect shall update and refine the Consultants’ completed Contract Documents.

d. Conclusion of Construction Document Phase requires final stamp-out by DSA.



4. Meetings




EXHIBIT A Page A - 23 AGREEMENT FOR ARCHITECTURAL SERVICES BIDDING PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

G. BIDDING PHASE

Upon District’s acceptance of Architect’s work in the previous Phase and assuming District has not delayed or terminated the Agreement, Architect shall perform Bidding Phase services for District as follows:

1. Contact potential bidders and encourage their participation in the Project.

2. Coordinate the development of the bidding procedures, including the development of

the bidding schedule, and the construction Contract Documents with the District.

3. The development of the bidding procedures and the construction Contract Documents shall be the joint responsibility of the District and Architect. Nevertheless, Architect will use all due care and diligence to confirm that its plans and specifications and all other information provided by or on behalf of the District to potential bidders discloses and publishes any potentially relevant information that could, in any way, have an impact on a contractor's cost of performance.

4. Conduct and coordinate bid walk(s) with potential bidders.

5. While the Project is being advertised for bids, all questions concerning intent shall be

referred to the District for screening and subsequent processing through Architect.

6. In the event that items requiring interpretation of the drawings or specifications are discovered during the bidding period, those items shall be analyzed by the Architect for decision by the District as to the proper procedure required. Corrective action will be in the form of an addendum prepared by the Architect and issued by the District.

7. Attend and manage bid opening.

8. Coordinate with Consultants.

9. Respond to District and potential bidder questions and clarifications.

10. Review bids and make recommendations to District regarding lowest qualified bid.

11. Assist District staff in presentation of bids to District’s Governing Board for award.

12. Deliverables and Number of Copies

Architect shall provide to the District hard copies of the following items produced in this phase, as noted below, together with one (1) copy of each item in electronic format:

a. Two (2) copies of the meeting report/minutes from the kick-off meeting;

b. Two (2) copies of the meeting report/minutes from the pre-bid site walk; and

c. Upon completion of the Bidding Phase, Architect shall produce a Conforming Set

of plans and specifications incorporating all addenda issued thus far. Architect


EXHIBIT A Page A - 24 AGREEMENT FOR ARCHITECTURAL SERVICES BIDDING PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

shall supply District with two (2) complete, reproducible sets of plans and specifications marked as a Conforming Set.



EXHIBIT A Page A - 25 AGREEMENT FOR ARCHITECTURAL SERVICES CONSTRUCTION PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

H. CONSTRUCTION PHASE

Upon District’s acceptance of Architect’s work in the previous Phase and assuming District has not delayed or terminated the Agreement, Architect shall perform Construction Administration Phase services for the District as follows:

1. Architect’s responsibility to provide basic services for the Construction Phase under

the Agreement commences with the award of the contract for construction and terminates upon satisfactory performance and completion of all tasks in this phase and commencement of the Closeout Phase or upon the District’s terminating the Agreement, whichever is earlier.

2. Construction Oversight and Project Certification Process (if Project is subject

to DSA jurisdiction)

a. Architect shall ensure that the Project Inspector is approved by the DSA for the Project by submitting the applicable Inspector’s Qualification Record (form DSA 5 or more current version) to and by obtaining approval from the DSA prior to commencement of construction and prior to requesting issuance of project inspections cards (form DSA 152 or more current version).

b. Architect shall request issuance of the proper number of project inspection cards (forms DSA 152 or more current version) by electronically submitting form DSA 102-IC (or more current version) to the DSA after the construction contract has been awarded. Architect shall provide project inspection cards to the Project Inspector prior to commencement of construction.

c. Prior to commencement of construction, Architect shall provide: (1) a copy of the DSA approved construction documents; and (2) the DSA approved Statement of Structural Tests and Special Inspections (form DSA 103 or more current version) prepared by Architect to the Project Inspector and Laboratory of Record.

d. Architect shall prepare and submit a Contract Information form (form DSA 102 or more current) for all construction contracts.

e. Architect shall maintain such personal contact with the Project as is necessary to assure themselves of compliance, in every material respect, with the DSA-approved construction documents. Personal contact shall include visits to the project site by the Architect or engineer or their qualified representative to observe construction.

f. Architect shall notify DSA as to the disposition of materials noted on laboratory testing, and/or special inspection, reports as not conforming to the DSA-approved construction documents.

g. Architect shall respond to DSA field trip notes as necessary.

h. Architect shall submit an interim Verified Report (form DSA 6-AE or more current form) to the DSA electronically and a copy to the Project Inspector for each of the applicable nine (9) sections of form DSA 152 prior to the Project Inspector signing off that section of the project inspection card.



i. Architect shall submit a Statement of Final Actual Project Cost (form DSA 168 or more current form) to the DSA.

j. Architect shall submit Verified Reports (form DSA 6-AE or more current form) to the DSA and to the Project Inspector if any of the following events occur: (1) when construction is sufficiently complete in accordance with the DSA-approved construction documents so that the District can occupy or utilize the Project; (2) work on the Project is suspended for a period of more than one month; (3) the services of the Architect are terminated for any reason prior to completion of the Project; or (4) DSA requests a Verified Report.

3. Change Orders

a. Architect shall review all of Contractor’s change order requests to determine if

those requests are valid and appropriate. Architect shall provide a recommendation to District as to whether the change should be approved, partially approved, returned to the Contractor for clarification, or rejected.

b. Architect shall furnish all necessary Construction Change Documents and

additional drawings for supplementing, clarifying, and/or correcting purposes and for change orders. The District shall request these Construction Change Documents and drawings from the Architect and shall be at no additional cost unless designated as Extra Services by the District. The original tracing(s) and/or drawings and contract wording for change orders shall be submitted to the District for duplication and distribution.

4. Submittals

a. Architect shall review or take other appropriate action upon Contractor's

submittals such as: shop drawings, Project data, samples and Construction Change Documents, but only for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.

b. Architect shall review Contractor’s schedule of submittals and advise the District

on whether that schedule is complete. Architect shall provide the District with proposed revisions to this schedule and advise the District on whether the District should approve this schedule.

c. Architect’s action upon Contractor’s submittals shall be taken as expeditiously as

possible so as to cause no unreasonable delay in the construction of the Project or in the work of separate Contractors, while allowing sufficient time in the Architect’s professional judgment to permit adequate review. In no case shall the review period associated with a single, particular submittal exceed twenty-one (21) calendar days from its receipt by the Architect. Architect’s response to each submittal shall be a substantive and acceptable response. This twenty-one (21)-day time period shall not include time when a submittal is within the District’s control or if the submittal is being reviewed by DSA. In no way does this provision reduce Architect’s liability if it fails to prepare acceptable documents.



5. RFIs. During the course of construction as part of the basic services, Architect must respond to all Requests for Information (“RFI”) as expeditiously as possible so as not to impact and delay the construction progress. In no case shall the review period associated with a RFI exceed seven (7) calendar days from receipt by the Architect. Architect’s response to each RFI shall be a substantive and acceptable response. This seven-day time period shall not include time when a submittal is within the District’s control or if the submittal is being reviewed by DSA. In no way does this provision reduce the Architect’s liability if it fails to prepare acceptable documents. Architect must verify that RFIs are passed through the Project Inspector, if any.

6. Field Sketches. Architect shall issue field sketches as necessary for supplemental

information.

7. Notices of Deficient Work. On the basis of on-site observations, Architect shall keep the District informed of the progress and the quality of the work, and shall endeavor to guard the District against defects and deficiencies in the work. Architect shall notify the District in writing of any defects or deficiencies in the work by any of the District’s Contractors that Architect may observe. However, Architect shall not be a guarantor of the Contractor's performance.

8. As-Built Drawings. Architect shall review and evaluate for District the

Contractor(s)’ documentation of the actual construction performed during the Project that the Contractor(s) should prepare and submit as As-Builts. As-Builts are documents that show the actual construction performed during the Project, including changes necessitated by Construction Change Documents and change orders, and detailed by the District’s construction Contractor(s) on a Conforming Set.

9. Record Drawings. Architect shall incorporate all information on all As-Builts,

sketches, details, and clarifications, and prepare one (1) set of final Record Drawings for the District. The Record Drawings shall incorporate onto one (1) set of drawings, all changes from all As-Builts, sketches, details, and clarifications, including, without limitation, all requests for information, Construction Change Documents and change orders based upon the construction Contractor’s representations of actual construction. Architect shall deliver the Record Drawings to the District at completion of the construction in a format acceptable to the District, and it shall be a condition precedent to the District’s approval of Architect’s final payment. Architect may insert the following notice on the Record Drawings:

These drawings [or corrected specifications] have been prepared based on information submitted, in part, by others. Architect has provided a review consistent with its legal standard of care.

10. O&M Manuals / Warranties. Architect shall review equipment, operation and maintenance manuals, and a complete set of warranty documents for all equipment and installed systems, to ensure that they meet the requirements of the plans and specifications.

11. Start-up. Architect shall also provide, at the District’s request,

architectural/engineering advice to the District on start-up, break-in, and debugging of facility systems and equipment, and on apparent deficiencies in construction following the acceptance of the Contractor's work.



12. Payment Statements. Architect shall review and certify payment applications from

Contractor(s). Recommendations of Payment by Architect constitute Architect’s representation to the District that work has progressed to the point indicated to the best of Architect’s knowledge, information, and belief, and that the quality of the work is in general conformance with the Contract Documents.



a. Two (2) copies of the meeting report/minutes from the kick-off meeting;

b. Two (2) copies of the observation reports; and

c. Two (2) copies of the weekly meeting reports.

14. Meetings

During this Phase, Architect shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated below Section J.



EXHIBIT A Page A - 29 AGREEMENT FOR ARCHITECTURAL SERVICES CLOSE OUT PHASE CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

I. CLOSE OUT PHASE

1. As the Construction Administration Phase progresses, Architect shall perform the following Close Out Phase Services for the District as required in a timely manner:

a. Architect shall review the Project and observe the construction as required to

determine when the Contractor has completed the construction of the Project and shall prepare punch lists of items that remain in need of correction or completion.

b. Architect shall collect from the Contractor, review, and forward to the District all

written warranties, operation manuals, spare parts, lien waivers, and Certificates of Inspection and Occupancy, and other close-out documents identified in the Contractor’s contract, with Architect’s recommendation as to the adequacy of these items.

c. Architect shall prepare or collect, as applicable, and provide to DSA, all reports

required by DSA related to the design and construction of the Project.

d. Architect shall respond to the DSA deficiency list.

e. Architect shall obtain all required DSA approval of all Construction Change Documents and addenda to the Contractor’s contract.

f. Architect shall prepare a set of As-Built Drawings for the Project, as required by

the District.

g. Architect shall review and prepare a package of all warranty and O&M documentation.

h. Architect shall organize electronic files, plans and prepare a Project binder.

i. Architect shall have primary responsibility to coordinate all Services required to

close-out the design and construction of the Project with the District and among Consultants.

2. When the design and construction of the Project is complete, the District shall

prepare and record with the County Recorder a Notice of Completion for the Project.


a. Two (2) copies of punch lists for each site; and

b. Upon completion of the Project, all related Project documents, including As-Builts and Record Drawings. These are the sole property of the District.

4. Meetings

During this phase, Architect shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated below in Section J.


EXHIBIT A Page A - 30 AGREEMENT FOR ARCHITECTURAL SERVICES MEETINGS/SITES VISITS/WORKSHOPS CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718089v1

J. MEETINGS / SITE VISITS / WORKSHOPS

1. Architect shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated below. Architect shall chair, conduct and take minutes of all coordination meetings with its Consultant(s) during the entire design phase. Architect shall invite the District and/or its representative to participate in these meetings. Architect shall keep a separate log to document design/coordination comments generated in these meetings.

2. General Meeting, Site Visit, and Workshop Requirements

a. Architect shall be prepared to answer questions and issues from District staff, site staff, potential bidders, and/or Contractors, as applicable.

b. Architect shall maintain a log of all meetings, site visits or site observations held

in conjunction with the design and construction of the Project, with documentation of major discussion points, observations, decisions, questions or comments. These shall be furnished to the District and/or its representative for inclusion in the overall Project documentation.

c. As required, Architect shall provide at no additional cost to the District copies of

all documents or other information needed for each meeting, site visit, and workshop.

d. Each meeting may last up to a full day (eight (8) hours) and shall be held at the

District office or at the Project site, unless otherwise indicated.

e. Architect shall attend all meetings as necessary to execute the Project, even if these exceed the number of meetings specified for each phase below.

3. Meetings During Project Initiation Phase (minimum One (1) Meeting(s))

a. Within the first week following execution of the Agreement, Architect shall

participate in two (2) Project kick-off meeting(s) (initial meeting plus one (1) follow up) to determine the Project intent, scope, budget and timetable, which shall encompass the following:

(i) Architect, it’s appropriate Consultant(s), and District staff, shall attend the

meeting. (ii) The Project kick-off meeting will introduce key team members from the

District and the Architect to each other, defining roles and responsibilities relative to the Project.

(iii) During this meeting, Architect shall:

(A) Identify and review pertinent information and/or documentation

necessary from the District for the completion of the Project.



(B) Review and explain the overall Project goals, general approach, tasks, work plan and procedures and deliverable products of the Project.

(C) Review and explain the scope of work and Project work plan for all

parties present; determine any adjustments or fine tuning that needs to be made to the work plan.

(D) Review documentation of the Project kick-off meeting prepared by

the District’s representative and comment prior to distribution.

b. Architect shall participate in one (1) or more meeting(s) as requested by District team, including site administration, to discuss the Project design intentions.

4. Initial Site Visits (One (1) Meeting(s))

a. Architect shall visit the Project site to complete a visual inventory and

documentation of the existing conditions. b. Visual inventory shall include verification of all as-built conditions, including

existing structures, utilities and site improvements.

5. Meetings During Architectural Program (Three (3) Meeting(s))

a. Architect shall conduct one (1) site visit(s)/meeting(s) with the District’s facilities team to gather information from District facilities team and site personnel and to make a visual presentation regarding the Project (may be combined with Initial Site Visit).

b. Architect shall conduct a minimum of one (1) additional meetings as requested

by District.

c. Electrical, civil, mechanical, structural, landscaping, and estimating consultant(s) shall participate in these meetings as appropriate and shall provide input and feedback into the development of the Construction Cost Budget.

6. Meetings During Schematic Design Phase (Three (3) Meeting(s))

a. Within the first two weeks following the start of the Schematic Design Phase,

Architect shall conduct three (3) design workshop(s) with the District’s facilities team and site personnel to complete a basic design framework with computer-aided design equipment (“CADD”). The District may, at its discretion, allow Architect to proceed with this meeting without using CADD. This workshop shall be ongoing and may include several meetings and shall not be concluded until consensus with the Architect’s preliminary design has been reached. This workshop shall include the following:

(i) Architect shall designate its team member duties and responsibilities. (ii) Architect and District shall review District goals and expectations.



(iii) District shall provide input and requirements. (iv) Architect and District shall review Project scope and budget, including the

Construction Cost Budget and the Construction Budget. (v) Prepare and/or revise the scope of work list and general workplan from the

Pre-Design Phase, for documentation in a computer-generated Project schedule.

(vi) Establish methods to facilitate the communication and coordination efforts

for the Project.

b. Architect shall participate in additional meeting(s) as requested by District.

7. Meetings During Design Development Phase (One (1) Meeting(s))

a. At the time designated for completion of the Design Development package, Architect shall conduct one (1) meeting, per package or submittal, with the District to review the following:

(i) Present the Design Development package for review and comment to proceed

with preparation of final plans and specification. (ii) Architect and District shall review Project scope and budget, including the

Construction Cost Budget and the Construction Budget.

8. Value Engineering Workshop (One (1) Meeting(s)) a. Architect shall conduct value engineering workshop(s), as requested by the

District, including all of Architect’s Consultant(s), the District, and the Construction Manager during the Design Development Phase. This workshop shall be ongoing and may include several meetings.

9. Meetings During Construction Documents Phase (Three (3) Meeting(s))

a. Prior to beginning work on the fifty percent (50%) design package, Architect shall

conduct one (1) meeting, per package or submittal, with the District to revise the Design Development package and receive comments.

b. At the time designated for completion of the fifty percent (50%) submittal

package, Architect shall conduct one (1) meeting, per package or submittal, with the District to review the following:

(i) Present the fifty percent (50%) submittal package for review and comment to

proceed with preparation of final plans and specifications. (ii) Architect and District shall provide further review of Project scope and budget,

including the Construction Cost Budget and the Construction Budget.



c. At the time designated for completion of the one hundred percent (100%) Construction Document package, Architect shall conduct one (1) meeting, per package or submittal, with the District to review the following:

(i) Present the hundred percent (100%) Construction Document package for

review and comment to proceed with preparation of final plans and specifications.

(ii) Architect and District shall provide further review of Project scope and budget,

including the Construction Cost Budget and the Construction Budget.

10. Meetings During Bidding Phase (Minimum Three (3) Meeting(s))

a. Attend and take part in one (1) meeting, per package or submittal, with all potential bidders, District staff, and Construction Manager.

b. Attend one (1) Governing Board Meeting to assist District staff in presentation of

bids to the District’s Governing Board for approval and award.

c. Conduct one (1) kick-off meeting with the successful bidder, District staff, and Construction Manager to finalize the roles and responsibilities of each party and provide protocols and processes to follow during construction.

11. Meetings During Construction Administration Phase (Expected to be

Twenty-Eight (28) Meeting(s))

a. Architect shall visit the Project site as necessary or when requested, and in no case less than once per week, sufficient to determine that the Project is being constructed in accordance with the plans and specifications, and to resolve discrepancies in the Contract Documents and to monitor the progress of the construction of the Project.

b. Architect shall meet with Contractor(s) on the Project at least once per week to

determine that the Project is being constructed in accordance with the plans and specifications, and to resolve discrepancies in the Contract Documents, and to monitor the progress of the construction of the Project.

c. Conduct weekly Project meetings with District staff to review with District staff

the progress of the work. This is expected to be twenty-four (24) meetings, but Architect acknowledges that the Project may not be completed in this timeframe and agrees to attend up to four (4) additional weekly Project meetings, at no additional cost to the District. Architect agrees to attend additional weekly Project meetings until the work of the Project is complete as an additional service.

d. Architect shall ensure that Consultant(s) visit the site in conformance with their

agreement(s) and that Consultants’ agreements shall reference District requirements for Construction Phase services.

12. Citizens’ Bond Oversight Committee Meetings (One (1) Meeting(s)) (if

applicable)



Architect acknowledges that the design and construction of the Project is subject to oversight by the District’s citizen bond oversight committee. Architect shall, at the District’s direction, attend District citizen bond oversight committee meeting(s) and present the Architect’s design to the District’s citizen bond oversight committee for review.

13. Governing Board Meetings (Two (2) Meeting(s))

Architect acknowledges that the District’s Governing Board must approve all designs. Architect shall, at the District’s direction, attend District Governing Board meeting(s) and present the Architect’s design to the District’s Governing Board for review and approval.



EXHIBIT B Page B - 1 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

EXHIBIT "B"

CRITERIA AND BILLING FOR EXTRA SERVICES

The following Extra Services to the Agreement shall be performed by Architect if needed and if authorized or requested by the District:

A. Making revisions in drawings, specifications, or other documents when such revisions are required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of the Conforming Set.

B. Providing consultation concerning replacement of work damaged by fire or other cause during construction and furnishing services required in connection with replacement of that work.

C. Providing services made necessary by the default of Contractor(s).

D. In the absence of a final Certificate of Payment or Notice of Completion, providing services more than ninety (90) days after the date of completion of work by Contractor(s) and after Architect has completed all of its obligations and tasks under the Agreement.

E. Providing deliverables or other items in excess of the number indicated in Exhibit “A.” Before preparing, providing, sending, or invoicing for extra deliverables, Architect shall inform the District that expected deliverables may be in excess of the number indicated in Exhibit “A,” so that the District can procure the additional deliverables itself or direct Architect to procure the deliverables at the District’s expense or on the District’s account at a specific vendor.

F. Providing services as directed by the District that are not part of the Basic Services of this Agreement.

G. Providing services as an expert and/or witness for the District in any mediation, arbitration, and/or trial in which the Architect is (1) not a party, and (2) did not in any way cause the dispute that is being adjudicated.

H. Providing Construction Administration Services when at no fault of the Architect, construction continues beyond four (4) weeks after the completion date indicated in the agreed upon schedule.

The following rates, which include overhead, administrative cost and profit, shall be utilized in arriving at the fee for Extra Services and shall not be changed for the term of the Agreement.

Job Title Hourly Rate Principal of Firm: $220.00 Associate Principal/Director: $195.00 Associate/Coordinator $195.00 Senior Project Architect(s): $180.00 Senior Project Manager(s): $180.00 Project Architect: $155.00


EXHIBIT B Page B - 2 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

Project Manager: $155.00 Technical Level I: $100.00 Technical Level II: $90.00 Technical Support: $80.00

The mark-up on any approved reimbursable item of Extra Services shall not exceed five percent (5%).



EXHIBIT C Page C - 1 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

EXHIBIT "C"

SCHEDULE OF SERVICES

A. Promptly after the execution of this Agreement, Architect shall prepare and submit for approval to the District a Schedule of Services showing the order in which Architect proposes to carry out Architect's Services (“Schedule of Services”). The Schedule of Services shall apply to the completion of all Services listed hereunder within the times established by this Agreement. The Schedule of Services shall be in the form of a progress chart clearly delineating all important increments and review dates. Architect shall update the Schedule of Services on a monthly basis and deliver two (2) copies to the District along with the monthly billing.

B. Architect shall complete Services required under the Development of Architectural Program section within twenty-one (21) calendar days after written authorization from the District to proceed.

C. Architect shall complete Services required under the Schematic Design Phase within thirty-five (35) calendar days after written authorization from District to proceed.

D. Architect shall complete Services required under the Design Development Phase within thirty-five (35) calendar days after receipt of a written authorization from District to proceed.

E. Architect shall complete Services required under Construction Documents Phase within seventy (70) calendar days after written authorization from District to proceed, and as more specifically indicated below. Excluded from this duration is the time associated with the DSA review of the Construction Documents and back-check stage.

1. 50% Submittal Package 28_ calendar days 2. 100% Submittal Package 28_ calendar days 3. Final Contract Documents after Final Back-Check Stage 14_ calendar days

F. The durations stated above include the review periods required by the District and all other regulatory agencies.

G. All times to complete tasks set forth in this Exhibit are of the essence, as indicated in the Agreement. If delays in the Schedule of Services are incurred as a result of the District’s inability to comply with requested meeting schedules, Architect shall maintain the right to request an adjustment in the Schedule of Services if deemed necessary to meet the deadlines set forth in this Exhibit. If approved, those extensions shall be authorized in writing by the District.



EXHIBIT D Page D - 1 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

EXHIBIT "D"

PAYMENT SCHEDULE

A. Compensation

1. The payment of consideration to Architect as provided herein shall be full compensation for all of Architect’s Services incurred in the performance hereof, including, without limitation, all costs for personnel, travel within two hundred (200) miles of a Project location, offices, per diem expenses, printing and shipping of deliverables in the quantities set forth in Exhibit “A,” or any other direct or indirect expenses incident to providing the Services. Except as expressly set forth in the Agreement and Exhibit “B,” there shall be no payment for extra costs or expenses.

2. The total compensation to Architect shall be as stated in Article 6 of the Agreement.

3. District shall pay Architect as follows for all Services contracted for under this Agreement:

PERCENTAGE OF TOTAL FEE PER PHASE Phase Phase Amount Pre-Design/Architectural Program Development Phase 2.5% Schematic Design Phase 10% Design Development Phase 17.5% Construction Documents Phase-Submittal to DSA Approval by DSA

30% 5%

Bidding Phase 2% Construction Administration Phase 23% Close Out Phase 10% Generate Punch List 2% Sign Off On Punch List 2% Receive and Review All M & O Documents 2% Filing All DSA Required Close Out Documents 2% Receiving DSA Close Out, including DSA approval of the final set of Record Drawings 2%

TOTAL BASE COMPENSATION 100%

B. Method of Payment

1. Invoices shall be on a form approved by the District and are to be submitted in triplicate to the District via the District’s authorized representative.

2. Architect shall submit to District on a monthly basis documentation showing proof that payments were made to its Consultant(s).

3. Architect shall submit to the District for approval a copy of the Architect’s monthly pay request format.



4. Upon receipt and approval of Architect’s invoices, except as provided in subdivision 4.g. herein, the District agrees to make payments of undisputed amounts within thirty (30) days of receipt of the invoice as follows:

a. Pre- Design/Architectural Program Development Phase:

Monthly payments for the percentage of all Services complete up to ninety-five percent (95%) of the fee for the Phase; one hundred percent (100%) payment upon acceptance and approval of the Pre-Design/Architectural Program.

b. For Schematic Design Phase:

Monthly payments for the percentage of all Services complete up to ninety-five percent (95%) of the fee for the Phase; one hundred percent (100%) payment upon acceptance and approval of the Schematic Design Phase by the District.

c. For Design Development Phase:

Monthly payments for the percentage of all Services complete up to ninety-five percent (95%) of the fee for the Phase; one hundred percent (100%) payment upon acceptance and approval of the Design Development Phase by the District.

d. For Construction Documents Phase:

Monthly payments for percentage of all Services complete up to ninety-five percent (95%) of the fee for the phase; one hundred percent (100%) payment upon acceptance and approval of the Construction Documents Phase by the District.

e. For Bidding Phase:

Monthly payments for the percentage of all Services complete up to ninety-five percent (95%) of the fee for the phase; one hundred percent (100%) payment upon the District’s award of the bid.

f. For Construction Administration Phase:

Monthly payments for the percentage of all Services complete up to ninety-five percent (95%) of the fee for the phase; one hundred percent (100%) payment upon the District’s notice of completion.

g. For Close Out:

Lump sum payment no sooner than thirty-five (35) days and no later than forty-five (45) days after completion of all items in this phase.



h. Format and Content of Invoices:

Architect acknowledges that the District requires Architect’s invoices to include detailed explanations of the Services performed. For example, a six hour charge for “RFIs and CORs” is unacceptable and will not be payable. A more detailed explanation, with specificity, is required. This includes a separate entry for each RFI, PCO, CCD and change order. For example, the following descriptions, in addition to complying with all other terms of this Agreement, would be payable. The times indicated below are just placeholders:

Review RFI 23; review plans and specifications for response to same; prepare responses to same and forward to contractor, district, construction manager, and project inspector.

.8 hours

Review COR 8; review scope of same and plans and specifications for appropriateness of same; prepare draft change order and language for same.

.7 hours

Review COR 11; review scope of same and plans and specifications for appropriateness of same; prepare rejection of COR 11 for review by district, CM, IOR.

1.2 hours



EXHIBIT E Page E - 1 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

EXHIBIT "E"

INSURANCE REQUIREMENTS

A. Architect shall procure prior to commencement of the Services of this Agreement and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by the Architect, his agents, representatives, employees and Consultant(s). Architect’s liabilities, including but not limited to Architect’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement and Architect’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement, as required or when requested, may be treated by the District as a material breach of contract.

B. Minimum Scope and Limits of Insurance: Coverage shall be at least as broad as the following scopes and limits:

1. Commercial General Liability. One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to each project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Commercial Automobile Liability, Any Hired and Non-Owned Auto. One million dollars ($1,000,000) per accident for bodily injury and property damage.

3. Workers' Compensation Liability. For all of the Architect’s employees who are

subject to this Agreement and to the extent required by the applicable state or federal law, Architect shall keep in full force and effect, a Workers' Compensation policy. Architect shall provide an endorsement that the insurer waives the right of subrogation against the District and its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers.

4. Employment Practices Liability. For all of the Architect’s employees who are

subject to this Agreement, Architect shall keep in full force and effect, an Employment Practices Liability policy. That policy shall provide employers’ liability coverage with minimum liability coverage of One million dollars ($1,000,000) per claim/aggregate. Architect shall provide an endorsement that the insurer waives the right of subrogation against the District and its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers.

5. Professional Liability. This insurance shall cover the prime design professional

and his/her consultant(s) on a Claims Made basis for two million dollars ($2,000,000) aggregate limit subject to no more than fifty thousand dollars ($50,000) per claim deductible, coverage to continue through completion of construction plus two (2) years thereafter.



C. The District reserves the right to modify the limits and coverages described herein.

D. Deductibles and Self-Insured Retention: Architect shall inform the District in writing if any deductibles or self-insured retention exceeds fifty thousand dollars ($50,000). At the option of the District, either:

1. The District can accept the higher deductible;

2. Architect’s insurer shall reduce or eliminate such deductibles or self-insured retention as respects the District, its officers, officials, employees and volunteers; or

3. Architect shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The District, its representatives, consultants, trustees, officers, officials, employees, agents (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Architect; Instruments of Service and completed operations of the Architect; premises owned, occupied or used by the Architect; or automobiles owned, leased, hired or borrowed by the Architect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.

2. For any claims related to the projects, Architect’s insurance coverage shall be

primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of Architect’s insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including

breaches of warranties shall not affect coverage provided to the Additional Insureds.

4. Architect’s insurance shall apply separately to each insured against whom claim is

made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that

coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the District

6. With the exception of Professional Liability Insurance and Workers’ Compensation

Insurance, Architect shall ensure that all policies shall be written on an occurrence form.

F. Acceptability of Insurers: Insurance is to be placed with insurers admitted in California with a current A.M. Best's rating of no less than A:VII. Architect shall inform the District in writing if any of its insurer(s) have an A.M. Best’s rating less than A:VII. At the option of the District, the District may either:



1. Accept the lower rating; or

2. Require Architect to procure insurance from another insurer.

G. Verification of Coverage: Architect shall furnish District with:

1. Certificates of insurance showing maintenance of the required insurance coverages; and

2. Original endorsements affecting general liability and automobile liability

coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverages on its behalf. All endorsements are to be received and approved by the District before Services commence.



EXHIBIT F Page F- 1 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

EXHIBIT “F”

ROOFING PROJECT CERTIFICATION

This form shall be executed by all architects, engineers, or roofing consultants who provide professional services related to the repair or replacement of a roof of a public school where the project is for repair of more than 25% of the roof or that has a total cost more than $21,000 (“roofing project”) and submitted to the District prior to the time professional services are engaged. Not applicable to a school district with an average daily attendance less than 2,500. Certification of: X Architect □ Engineer □ Roofing Consultant □ Other I, Kevin A. MacQuarrie, WLC Architects, Inc., certify that I have not offered, given, or agreed to give, received, accepted, or agreed to accept, any gift, contribution, or any financial incentive whatsoever to or from any person in connection with the roofing project contract. As used in this certification, “person” means any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Furthermore, I, Kevin A. MacQuarrie, WLC Architects, Inc., certify that I do not have, and throughout the duration of the contract, I will not have, any financial relationship in connection with the performance of this contract with any architect, engineer, roofing consultant, materials manufacturer, distributor, or vendor that is not disclosed below. I, Kevin A. MacQuarrie, WLC Architects, Inc., have the following financial relationships with an architect, engineer, roofing consultant, materials manufacturer, distributor, or vendor, or other person in connection with the following roofing project contract (provide Name and Address of Building, and Contract Date and Number or “N/A” if none):


EXHIBIT F Page F- 2 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

By my signature below, I hereby certify that, to the best of my knowledge, the contents of this disclosure are true, or are believed to be true. I further certify on behalf of the Firm that I am aware of section 3000 et seq. of the California Public Contract Code, and the sections referenced therein regarding the penalties for providing false information or failing to disclose a financial relationship in this disclosure. I further certify that I am authorized to make this certification on behalf of the Firm. Date: Proper Name of Firm: WLC Architects, Inc. Signature: Print Name: Kevin A. MacQuarrie Title: Vice President



EXHIBIT G Page G- 1 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

EXHIBIT “G”

IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code sections 2200-2208)

Prior to bidding on or submitting a proposal for a contract for goods or services of $1,000,000 or more to the District, the Respondent must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. Vendor Name/Financial Institution (Printed) WLC Architects, Inc.

Federal ID Number (or n/a) 95-2983639

By (Authorized Signature) Printed Name and Title of Person Signing Kevin MacQuarrie, Vice President Date Executed Executed in


EXHIBIT G Page G- 2 AGREEMENT FOR ARCHITECTURAL SERVICES CABRILLO UNIFIED SCHOOL DISTRICT CUNHA INTERMEDIATE SCHOOL GYMNASIUM SF 718096v1

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or to enter into or to renew, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval. Vendor Name/Financial Institution (Printed)

Federal ID Number (or n/a) 95-2983639

By (Authorized Signature) Printed Name and Title of Person Signing

Date Executed




BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 14.d BOARD AGENDA ITEM: Adopt Resolution No. 20-14 Declaring the Result of the

Education Parcel Tax Election held on June 3, 2014 and Authorizing the San Mateo County Controller to Levy the Education Parcel Tax

DEPARTMENT: Superintendent CONTACT PERSON: Tony Roehrick, Ed.D., Superintendent

BACKGROUND INFORMATION: On March 6, 2014, he Governing Board called for an election to continue the existing parcel tax for an additional five years. On June 3, 2014, the voters within the Cabrillo Unified School District boundaries approved Measure B with a resounding 70.7% level of support. This success was directly the result of a well-designed campaign led by Friends of Cabrillo Unified Schools. REPORT/PROPOSAL: The enclosed Resolution, No. 20-14, declares the results of the election held on June 3, 2014 and attested to by San Mateo County Chief Elections Officer, Mark Church. This resolution also authorizes the San Mateo County Controller to levy the tax of $150 per parcel beginning July 1, 2015. FINANCIAL IMPACT: Authorizing the County Controller to levy the parcel tax will result in the continuance of approximately $1.7 million in designated revenue beginning July 1, 2015. RECOMMENDATION: Adopt Resolution No. 20-14 declaring the result of the education parcel tax election held on June 3, 2014 and authorizing the San Mateo County Controller to levy the education parcel tax.


Half Moon Bay High School • Cunha Intermediate School Alvin S. Hatch Elementary • El Granada Elementary • Farallone View Elementary • Kings Mountain Elementary

Pilarcitos High School • Cabrillo Adult School

CABRILLO UNIFIED SCHOOL DISTRICT 498 Kelly Ave, Half Moon Bay, CA 94019 • 650 712-7100 • Fax 650 726-0279 • www.cabrillo.k12.ca.us

SUPERINTENDENT Tony Roehrick, Ed.D.

August 15, 2014 Pauline Luft Special Assessments Controller's Office County of San Mateo 555 County Center, 4th Floor Redwood City, CA 94063 Re: Authorization and Request for Assessment of Education Parcel Tax within Cabrillo Unified School District Dear Ms. Luft: The Cabrillo Unified School District (“District”) has adopted a resolution authorizing the San Mateo County Controller to apply an education parcel tax adopted at the June 3, 2014, election to individual tax assessments on the County Tax Roll (“Resolution”). Please find a copy of Resolution No. 20-14 attached for your convenience. By way of Resolution No. 20-14, the District authorizes and requests that the San Mateo County Controller continue to apply a special charge of $150 per parcel for five years beginning July 1, 2015, to individual tax assessments on the County Tax Roll and to collect such taxes at the same time and in the same manner as the general County taxes are collected. Please contact the undersigned if you have any questions. Thank you, Tony Roehrick, Ed.D. Superintendent Cabrillo Unified School District

GOVERNING BOARD Michael John Ahern

Kate Livingston Freya McCamant

Robert Pappalardo Kirk Riemer




RESOLUTION OF THE BOARD OF EDUCATION OF THE CABRILLO UNIFIED SCHOOL DISTRICT DECLARING THE RESULT OF THE

EDUCATION PARCEL TAX ELECTION HELD JUNE 3, 2014 AND AUTHORIZING THE SAN MATEO COUNTY CONTROLLER TO LEVY THE EDUCATION PARCEL

TAX WHEREAS, the Board of Education (“Board”) of the District adopted Resolution No. 06-14 (“Parcel Tax Resolution”), a copy of which is attached hereto as Exhibit “A”, at its March 6, 2014 meeting ordering an election to authorize a new special tax to replace the existing special tax and authorizing necessary actions in connection therewith; and

WHEREAS, pursuant to Resolution No. 06-14, an election for a special tax was called

and held on June 3, 2014 (“Parcel Tax Election”); and WHEREAS, notice of the Parcel Tax Election was duly given; and

WHEREAS, the Parcel Tax Election was duly held and conducted for the purpose of voting on the special tax measure (“Measure”), the summary of which read:

“Without increasing the current tax rate and to continue student achievement in Coastside elementary, middle and high schools by preserving strong science, math, reading and writing programs; retaining qualified teachers and staff; maintaining updated classroom technology; and keeping all district schools open, shall Cabrillo Unified School District renew its expiring $150 education parcel tax for five years with citizen oversight, a senior citizen exemption, no funds for administrators’ salaries, and all funds staying in Coastside schools?”

WHEREAS, the Board has reviewed the San Mateo County Chief Election Officer’s certified Statement of the Vote, a copy of which is attached hereto as Exhibit “B”; and WHEREAS, it appears from the certified Statement of the Vote that two-thirds or more of the votes cast on the Measure were in favor of approving the Measure; and WHEREAS, the Board has evaluated the financial needs of the District to determine that the One Hundred Fifty Dollar ($150.00) per-parcel special tax be levied beginning July 1, 2015 for five (5) consecutive years; and WHEREAS, the District requires the services of the offices of the San Mateo County Controller and the Tax Collector to levy and collect the education parcel tax.


Resolution No 20-14 continued:

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. The canvass by the San Mateo County Chief Elections Officer as shown in the certified Statement of the Vote is hereby ratified, confirmed, approved and entered upon the minutes of this meeting. Section 2. More than two-thirds of all votes cast at the Parcel Tax Election on the Measure were in favor of the Measure, and the Measure passed. Section 3. The Board authorizes special tax charges to be established at One Hundred Fifty Dollars ($150.00) for each non-exempt parcel of land for five (5) consecutive years, beginning on July 1, 2015 and ending on June 30, 2020; and Section 4. The District respectfully requires and authorizes the San Mateo County Controller to apply the special tax on the County Tax Roll for each consecutive year such charges have been authorized, in accordance with the documents supplied by the District, and authorizes the San Mateo County Tax Collector to collect the taxes at the same time and in the same manner as the general County taxes are collected. PASSED AND ADOPTED THIS 14th day of August, 2014, Resolution No. 20-14 at a meeting of the Board of Education of Cabrillo Unified School District, San Mateo County, by the following vote: AYES: NOES: ABSENT: Certified by: Michael John Ahern Rob Pappalardo Clerk of the Governing Board President of the Board of Education Cabrillo Unified School District Cabrillo Unified School District Tony Roehrick Ed.D. Superintendent Cabrillo Unified School District


EXHIBIT A

CABRILLO UNIFIED SCHOOL DISTRICT GOVERNING BOARD


CABRlLLO UNIFIED SCHOOL DISTRICT

RESOLUTION No. 06-14

RESOLUTION OF THE BOARD OF EDUCATION OF THE CABRJLLO UNJFJED SCHOOL DJSTRJCT CALLING AN ELECTION, ESTABUSHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUJ<:STING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON JUNE 3, 2014

WHEREAS, the Cabrillo Unified School District ("District") is committed to offering a high-quality, well-rounded education to all students in the and due to state funding, increased local revenues are ne(:essarv to meet this and

WHEREAS, the District is committed to rwP'~"''umw academic math and science and

WHEREAS, the Board of Education ("Board") believes that good schools are part of what makes our desirable to live and Coastside schools we the community and

WHEREAS, it is essential to continue to offer hands-on and innovative science curriculum, Advanced Placement courses and other instmction to prepare students for success in college and future careers; and

WHEREAS; it is important for the District to continue to retain skilled, experienced, and dedicated teachers--and them with training to maintain education in our schools; and

WHEREAS; it is cmcial for the District to programs to keep struggling students on the right and

WHEREAS, it is important to keep all of the District's schools open; and

WHEREAS, it is essential that the District have stable, reliable, local funding to shield its' schools from the of the state budget situation to preserve its strong academic programs; and

WHEREAS, the District has implemented a number of changes to generate sufficient funds for its education programs, including initiation of local fund-raising efforts; and

WHEREAS, contributions from parent clubs and educational foundations, while generous, are not to fund academic core programs; and

WHEREAS, future funding for the District from the State of California and other sources is projected to be unreliable and inadequate to provide the level of support to the District's educational programs and maintain the high student achievements that the residents of the District expect; and

WHEREAS, the State is an unreliable parttrer when it comes to funding education and funding for our schools has been reduced over the past several years; and

WHEREAS, the voters of this District have a history of supporting our local schools by voting to support school funding to protect academic excellence in local classrooms; and

WHEREAS, the existing educational parcel tax is set to expire, and unless renewed by voters will result in a dramatic reduction of funding, which will force reductions to the District's academic programs, extracurricular programs and teachers and staff; and

WHEREAS, renewing this parcel tax would not increase the $150 per parcel rate, but simply extend the tax for five years and could not be renewed without voter approval; and

Resolution No 06-14 (CUSD) Page 1


WHEREAS, the California Constitution and Government Code authorize the the to on in the District tor the purpose

in the District and other lawful purposes of the and

whether the District shall renew a and

and comment, it advisable to call an election and submit to

tax within the District for the

WHEREAS, to the Education Code and Elections Code such election may be with any other held on the same and in the

NOW, THEREI<'ORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Resolution Constitutes Order of Election. This resolution shall constitute an order of election to the Education Code to the San Mateo of Schools to

election within the boundaries of the District on June 2014.

Section 2. Date and Purpose of Measure. Pursuant to the California Constitution and Government a election shall be held within the boundaries of the District on Tuesday, June for the purpose of on which will be presented to voters in substantially the form attached hereto as

Exhibit A, the question of whether the District shall continue to a special tax (hereinafter, "education for the purposes stated therein. In addition, the full text of the Measure ("Full Ballot shall appear in the ballot pamphlet in substantially the form attached hereto as Exhibit B. The authority for the pe(:mca1:IOI1S of this election order is contained the Education Code, and the authority for ordering the election is

contained in the Education Code, Elections Code, Government Code, and California Constitution.

Section 3. Exemptions from Special Tax. Upon application for exemption and pursuant to any procedures the Board, an exemption from payment of the education special tax may be granted on any parcel owned

one or more persons who is/are:

(a) Sixty-five ( 65) years of age or over and occupying said parcel as a principal residence ("Senior Citizen Exemption"); or

Receiving Supplemental Security Income for a disability, regardless of age and occupying said parcel as a principal residence ("SSI Exemption"); or

Receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services ("SSDI Exemption").

Senior citizens who have already qualified for exemption from the prior education special tax shall continue to qualify for exemption without additional application requirements. The District shall annually provide to the San Mateo County Tax Collector ("County Tax Collector") or other appropriate County official a list of parcels that the District has approved for an exemption.

Section 4. Collection of the Tax. Beginning July 1, 2015, the education special tax shall be collected by the County Tax Collector, at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the County Tax Collector. Unpaid special taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid.



Parcel of Taxable Real u,.,,""rtu in the District To the defined

unit of real nnw>,n•rlv in the District that receives a separate tax bill for ad valorem nrtW\F•rh;

from the Tax Collector's Office.

""'"'''''·tv that is otherwise exempt from or upon which are levied no ad valorem property in any year shall not be considered a Parcel of Taxable Real Property for purposes of the education

tax in such year.

to application a owner and confirmation the multiple which are under conm10n and that constitute one economic unit, '"L"'"·'"!'-

that have the same purpose as the principal "'"'"""'"."'

0 that may be independently shall a "'"''"".vr' 1 for purposes of the education

portion of this definition is deemed to the Board declares and the voters by approving the concur, that every other section and part of this definition has independent and the Board and voters

would have each other section and part hereof of every other section or part hereof If all of this definition are deemed contrary to law, "Parcel of Taxable Real shall be defined as

nnw,,·rhl in the District an assessor's parcel number.

With respect to all property tax matters within its jurisdiction, the Tax Collector shall make all final determinations of tax ,v,,...,., ... ,,,.,.., or relief for any reason, and that decision shall be final and binding. With respect

detlnition

Section 5. Education

of the education special tax, the Senior Citizen the SSI the legality or validity of the education special tax, the application of the

of "Parcel of Taxable Real Property" to any parcel(s) or any other disputed matter specific to the of the education tax, the decisions of the District shall be final and binding.

Authority for Ordering Election. The authority for ordering the election is contained in the Elections Code, Government Code, and California Constitution.

Section 6. Authority for Specifications. The authority for the specification of this election order is contained in the Education Code.

Section 7. Resolution to County Officials. The Clerk of the Board is hereby directed to cause certified copies of this Resolution and order to be delivered to the County Superintendent, the Chief Elections Officer, and the Clerk of the Board of Supervisors of San Mateo County ("Board of Supervisors").

Section 8. Formal Notice. The County Superintendent is hereby requested to prepare and execute a Formal Notice of Parcel Tax Election and consolidation order in substantially the form attached hereto as Exhibit C (the "Formal Notice"), and to call the election by causing the Formal Notice to be posted in accordance with the applicable law or to otherwise cause the notice to be published as permitted by law. The Secretary of the Board, on behalf of and as may be requested by the County Superintendent, is authorized to cause all notices required by law in connection herewith to be published and posted, as the case may be.

Section 9. Conduct of Election.

(a) Request to Chief Elections Officer. Pursuant to State law, the Chief Elections Officer is requested to take all steps to hold the election on June 3, 2014, in accordance with law and these specifications. The election may be consolidated with another election as specified below, if such consolidation is feasible and appropriate.

(b) Voter Pamphlet. The Chief Elections Officer is hereby requested to reprint the Full Ballot Text in substantially the form attached hereto as Exhibit B in the voter information pamphlet to be distributed to voters pursuant to the Elections Code.



in the voter information pamphlet in its below the of the

the Chief in no

"The above statement is an call the San Mateo

mailed at to you."

If you desire a copy at and a copy will be

Superintendent and the Board of are hereby consolidate the election ordered with any and all other elections as may be held on the same

or in that is in part the same.

to

(d) Canvass and Declaration Results. The Board of ,m,Prvl is authorized to canvass the of the election and declare the result pursuant to the Elections Code.

Cost The District will reimburse the Chief Elections Officer and the County for costs with the election as required law.

Section 10. Appropriations Limit. The Board shall provide in each year for an increase in the District's limit as shall be necessary to ensure that the proceeds of the education special tax may be spent for

authorized purposes.

Section 1 L Ballot Arguments. The President of the Board and/or her are hereby authorized to prepare and file with the Chief Elections Officer any ballot argument prepared in connection with the

a rebuttal argument, each within the time established by the Chief Elections Officer, which shall be considered the official ballot arguments of the Board as sponsor of the Measure.

Section 12. Official Actions. The District Superintendent, President of the Board, or their are authorized to execute any other document and to perform all acts necessary to place the Measure on the ballot,

'"u""'IS alterations to the Measure and Full Ballot Text stated in Exhibits A and B hereto, and to this Resolution to comply with requirements of law and election officials or which are, in the jndgment of the

in the best interests of the District.

Section 13. Effective Date. This Resolution shall take effect from and after its adoption.

ADOPTED, SIGNED and APPROVED Resolution No. 06-14 by fhe Board of Education of the Cabrillo Unified School District on the 61

h day of March, 2014, by the following vote:

AYES: Rob Pappalardo, Kate Livingston, Michael Ahern, Kirk Riemer, Freya McCamant

NOES:

ABSTENTIONS:

Attested to:

ClerkL)fthe Bo ducation of the Cabritlo Unifi~~·~chool District

~'',,, '>,,~, Y/P/,,,/_.""'



EXHIBIT A

SUMMARY OF MEASURE

The Measure shall be summarized in the and the San Mateo Chief Elections Officer is to cause this summary of the Measure to appear on the ballot:

the current tax rate and to continue student achievement in Coastside middle and schools by and

programs; qualified teachers and maintaining updated classroom technology; and "~'-,IJ",'"' all district schools open, shall Cabrillo Unified School District renew its $150 education parcel tax for five years with citizen a senior citizen PYF•rnt,tirm

administrators' and all funds in Coasts ide schools?



EXHIBIT "B"

FULL BALLOT TEXT

CABRILLO UNIF'IED SCHOOL DISTRICT

Measure

RECITALS

8.

An and

The

San Mateo

funded and au'""'~" to all of the residents of the co1rnn1urnty

the Cabrillo Unified School District aud the

District so are for the District aims to enhance local control of our schools and reduce our de1Jenldence

on the State of California for education lUlluru)e,.

The District is connnitted to nrc•CPl"'Jl>Ht

programs.

The Board of Education CO'tnil1Urtity a desirable

strong.

strong academic math and

schools are of what makes our Kee:oum Coastside schools we the

It is essential to continue to offer hands-on and innovative science curriculum, Advanced Placement courses and other instruction to prepare students for success in and future

It is important for the District to continue to retain skilled, and dedicated teachers~ and them with to maintain high-quality education in onr schools.

It is crucial for the District to protect programs to struggling students on the track.

It is important to all of the District's schools open.

9. It is essential that the District have stable, reliable, local funding it can count on every year to maintain it's quality academic programs.

10. The District has implemented a number of changes to generate sufficient funds for its education programs, including initiation of local fund-raising efforts.

11. Contributions from parent clubs and educational foundations, while generous, are not adequate to fund academic core programs.

12. Future funding for the District from the State of California and other sources is projected to be inadequate to provide the level of support to the District's educational programs and maintain the high-student achievement that the residents of the District expect

13. The voters of this District have a history of supporting onr local schools by voting to support school funding to protect academic excellence in local classrooms.



The educational parcel tax is set to and unless renewed voters will result in dramatic reduction of which will force reductions to the District's academic programs, extracunicular programs and teachers and staff.

this tax will not increase the $150 per rate, but extend the tax fcJr five years and could not be renewed without voter approvaL

16. this valuable source of stable, local funding that cannot be taken administrator benefits or pensions is necessary to maintain educational programs and retain highly qualified, experienced teachers.

TERMS

the current tax rate and to continue student achievement in Coastside "'call<cll<•'"

strong and programs; retammg ""''"""'}'; updated classroom technology; and all district schools open, shall Cabrillo

Unified School District renew its $150 education parcel tax for five years with citizen oversight, a senior no funds for administrators' salaries, and all funds in Coastside schools?

purpose of the Measure to fund the following specific types

strong academic reading, math and science programs; qualified teachers and staff; programs to keep struggling students on the right

Providing college and career counselors for middle and school students; Maintaining updated classroom technology; and

6. all of the District's schools open

law, all funds from this local funding Measure must be used to protect the specified programs in District schools and cannot be taken away by the State. Under no circumstances shall any of the proceeds of the education

tax be used for administrators' pensions or benefits.

A. Amount and Basis of Tax

The education parcel tax shall continue to be $150 per Parcel of Taxable Real Property beginning in July 1, 2015, and continuing for a period of five (5) years. The District shall provide the San Mateo County Tax Collector ("County Tax Collector") a report indicating the parcel number and amount of tax for each Parcel of Taxable Real

To the extent allowed by law "Parcel of Taxable Real Property" shall be defined as:

Any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the County Tax Collector.

(b) All property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall not be considered a Parcel of Taxable Real Property for purposes of the education special tax in such year.

(c) Subject to application by a property owner and confirmation by the District, multiple parcels which are contiguous, under common ownership, and that constitute one economic unit, meaning that they have the same primary purpose as the principal parcel and are not separate and distinct properties that may be independently developed or sold, shall comprise a single Parcel of Taxable Real Property for purposes of the education special tax.



If any this definition 'v"''""'u10 concur, that every other section and

would have each other section and """~ •n.m" or parts of this definition are deemed

Y>rr\flPrfU in the District

the Board declares and the voters of this definition has and the Board and hereof of every other section or part hereof If all

"Parcel of Taxable Real shall be defined

Income for a of and said as a principal residence ("SSI

Disability Insurance of age, whose income does not exceed 250 of the 2012 federal poverty f',UJtuv.'u"~" issued the United States

of Health and Human Services ("SSDI Exemption")~

Persons who have qualified for the Senior Citizen Exemption under the prior education special tax shall continue to for the Senior Citizen without any further filing rec)mrenaer1ts~

C Claim I Exemption Procedures

With respect to all property tax matters within its jurisdiction, the County Tax Collector or other tax official shall make all final determinations of tax exemption or relief for any reason, and that

decision shall be final and binding. With to matters specific to the of the education special tax. the Senior Citizen Exemption, the SSI Exemption, the SSDI Exemption, the legality or validity of the

education special tax, the application of the definition of "Parcel of Taxable Real Property" to any parcel(s) or any other disputed matter specific to the application of the education special tax, the decisions of the District shall be final and binding. The procedures described herein, and any additional procedures established by the Board shall be the exclusive claims procedure for claimants seeking an exemption, refund, reduction, or re-computation of the education special tax. Whether any particular claim is to be resolved by the District or by the County shall be determined by the District, in coordination with the County as necessary.

D. Appropriations Limit

Pursuant to California Constitution and applicable laws, the appropriations limit for the District will be adjusted periodically by the aggregate sum collected by levy of this education special tax.

E. Accountability Measures

1. Specific Purposes. The proceeds of the education special tax shall be applied only to the specific purposes identified above.

2. Annual Reports. The proceeds of the education special tax shall be deposited into an account, which shall be kept separate and apart from other accounts of the District, pursuant to the Government Code. No later than December 31 of each year while the tax is in effect, the District shall prepare and file with the Board a report detailing the amount of funds collected and expended during the prior fiscal year, and the status of any project authorized to be funded by this measure~ The report may relate to the calendar year, fiscal year, or other appropriate annual period, as said officer shall detemrine, and may be incorporated into or filed with the annual budget, audit, or other appropriate routine report to the Board.



Committee. An advisory committee of citizens shall be appointed or the Board to ensure that the education special tax proceeds are spent for their authorized purposes, and to report annually to the Board and the public regarding the expenditure of such funds. The Board may extend the duties of the education special tax advisory committee to include

over the Measure. The Board shall provide by resolution for the composition, and other necessary information the committee's formation and operation.

F. Protection of Funding

Current law forbids any decrease in State or federal funding to the District resulting from the adoption of an education tax. if any such funding is reduced or affected because of the adoption of the then the Board may reduce the amount of the education special taxes levied as necessary in order to restore such

or federal and/or maximize the District's fiscal position for the benefit of the educational program or no from this Measure may be taken the State or federal

G.

The Board and the voters by approving this Measure concur, that every section and part of this Measure has independent value, and the Board and the voters would have adopted each provision hereof

of every other provision hereof. Upon approval of the Measure by the voters, should any part of the Measure or taxing formula be found a court of competent jurisdiction to be invalid for any reason, all

of the Measure or formula hereof shall remain in full force and effect to the fullest extent allowed



F~XHIBIT C

FORMAL NOTICE OF SPECIAL TAX ELECTION

NOTICE IS HEREBY GIVEN to the qualified electors of the Cabrillo Unified School District of San Mateo that in accordance with the provisions of the Education Code and the Government Code of the a election will be held on June 3, for the purpose of submitting to the qualified

electors of the District the proposition summarized as follows:

to continue student achievement math,

programs; qualified teachers and maintaining updated classroom "'"~'fJ"''·"' all district schools open, shall Cabrillo Unified School District renew its "v'"''r•onn education tax for five years with citizen a senior citizen ex•emption,

and all funds in Coastside schools'>

execution of this formal Notice of Election the County Superintendent of Schools of San Mateo County consolidation of the election with such other elections as may be held on the same day in the same territory or

tr>rrit•vru that is in part the same,

The Superintendent of Schools of San Mateo County, by this Notice of Election, has called the election pursuant to a Resolution and Order of the Board of Education of the Cabrillo Unified School District "r1r>ntf'r1 March 6, 2014, in accordance with the provisions of State law.

Resolution No 06-14 (CUSD)

County Superintendent of San Mateo County, California

Page 10


EXHIBIT B

CERTIFIED STATEMENT OF THE VOTE FROM

SAN MATEO COUNTY CHIEF ELECTIONS OFFICER


ar Church S55 County Center Redwood City. CA 94063 phone 650 .363.49~ fax 650.363.1903 email mchurch#;srncc; rc:u)rq

Chief Elections Officer & Assessor-County Clerk-Recorder we-b www.smcore or9

June 26, 2014

Tony Roehrick Superintendent Cabrillo Unified School District 498 Kelly Avenue Half Moon Bay, CA 94019-6102

RECEIVED

Cabrillo Unified S h . c 001 District

i ~· ~ · JUN 8 0 Z014

f t Superintendent's Office

Subject Certificate of the Chief Elections Officer for the Statewide Direct Primary Election held on Tuesday, June 3, 2014

Dear Superintendent Roehrick,

This is to advise you that we have completed the Official Canvass of the vote and I have certified the election results.

Attached hereto is the official Chief Elections Officer's Certification of the June 3, 2014 Statewide Direct Primary Election.

It has been a pleasure to work with you in conducting this election and I look forward to serving you again in future elections.

Sincerely,

~q-l.i~~~ Mark Church

Enclosures


CERTIFICATE OF THE CHIEF ELECTIONS OFFICER

In Matter of the CANVASS OF VOTE CAST at the STATEWIDE DIRECT PRIMARY ELECTION held on June 2014 )

THAT an within

I HEREBY FURTHER CERTIFY

as though forth length.

IN WITNESS WHEREOF, I hereunto affix my hand and this

School District

MARK CHURCH Chief Elections Officer & Assessor-County Clerk-Recorder


STATEMENT OF THE VOTE

OF THE

COUNTY OF SAN MATEO, STATE OF CALIFORNIA

IN THE MATTER OF THE CANVASS OF THE VOTES CAST IN THE COUNTY OF SAN MATEO AT THE STATEWIDE DIRECT PRIMARY ELECTION HELD TUESDAY, JUNE 3, 2014

CERTIFICATE OF THE CHIEF ELECTIONS OFFICER

I, MARK CHURCH, CHIEF ELECTIONS OFFICER of the County of San

Mateo, State of California, do hereby certify that the Statewide Direct Primary

Election was conducted pursuant to law throughout said county on June 3, 2014;

and

I HEREBY FURTHER CERTIFY the following facts: that at said Primary

Election 475 election precincts were duly established with 350 operating

precinct boards; that the election was conducted thereat pursuant to law; that

pursuant to Division 15, Chapter 4 of the California Elections Code, I have

canvassed the votes cast at all precincts which were 21,484; that 75,522 vote by

mail votes were cast; that early votes were cast, canvassed and included in

the result of the total votes cast which is accurately shown in this

Statement of the Result of the Vote as determined by the official canvass of the

returns attached hereto and made a part hereof.

IN WITNESS WHEREOF , I hereunto affix my hand and official seal of this

office this 26t h day of June, 2014.

MARK CHURCH Chief Elections Officer & Assessor-County Clerk-Recorder







BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 14.e BOARD AGENDA ITEM: Approve Responses to San Mateo County Jury Report:

“Educational Frenemies: Can Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?”

DEPARTMENT: Superintendent/Governing Board CONTACT PERSON: Tony Roehrick, Ed.D., Superintendent

BACKGROUND INFORMATION: Public charter schools were established by the Charter Schools Act of 1992. Since their inception, charter schools have operated alongside traditional public schools in many communities. However, there are no charter schools operating within the attendance boundaries of the Cabrillo Unified School District. The San Mateo Grand Jury began with an investigation of how well charter and traditional public schools interact and collaborate with one another. In many communities, there is little interaction or collaboration among traditional public and charter school personnel. According to the San Mateo County Grand Jury, this lack of interaction is present in the County. The report also included tangential probing into areas of longer school days and/or years, mission statements, and relationships between administrative staff and teachers. REPORT/PROPOSAL: During the 2013-14 school year, the San Mateo County Grand Jury developed a report titled “Educational Frenemies: Can Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?” The Grand Jury developed five findings and four recommendations for school districts. Enclosed are recommendations for our formal response to the report. FINANCIAL IMPACT: There is no impact on the general fund. RECOMMENDATION: Approve responses to San Mateo County Jury Report: “Educational Frenemies: Can Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?”




CABRILLO UNIFIED SCHOOL DISTRICT 498 Kelly Ave, Half Moon Bay, CA 94019 • 650 712-7100 • Fax 650 726-0279 • www.cabrillo.k12.ca.us

SUPERINTENDENT Tony Roehrick, Ed.D.

August 15, 2014 Honorable Lisa A. Novak Judge of the Superior Court c/o Charlene Kresevich Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 Re: Grand Jury Report: “Educational Frenemies: Can Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?” Dear Hon. Novak: As requested by the San Mateo County Civil Grand Jury, below please find the Cabrillo Unified School District (“District”) Governing Board’s (“Board”) responses to the above referenced Grand Jury Report (“Report”). The Governing Board approved the following responses at their August 14, 2014 regular meeting. Currently, no charter schools operate within the District’s boundaries, therefore many of the findings and recommendations made by the Report are inapplicable to the District and the Board may lack sufficient information to respond meaningfully to many of the findings and recommendations.

Board’s Responses to Findings

Grand Jury Report Finding 1 Charter schools and charter school organizations in San Mateo County are not actively sharing information with traditional public schools in the County. Board’s Response to Finding 1 The Board lacks the information necessary to fully respond to this finding as no charter schools operate within the District’s boundaries and the Board is not privy to the operation of other school districts. However, based on its knowledge and information, the Board generally agrees with the finding.

GOVERNING BOARD Michael Ahern

Kate Livingston Freya McCamant

Robert Pappalardo Kirk Riemer




Grand Jury Report Finding 2 No formalized, efficient avenue exists in the County for sharing of information between charter and non-charter schools, and in particular the County Office of Education is not adequately facilitating such sharing of information. Board’s Response to Finding 2 The Board lacks the information necessary to fully respond to this finding as no charter schools operate within the District’s boundaries and the Board is not privy to the operation of other school districts. The Board acknowledges it is not aware of any “formalized, efficient avenue … in the County for sharing of information between charter and non-charter schools,” but the Board does not have sufficient knowledge to respond to the finding that “the County Office of Education is not adequately facilitating such sharing of information.” Grand Jury Report Finding 3 The California Education Code does not restrict a school’s ability to be successful or to implement policies or practices leading to better student outcomes. Board’s Response to Finding 3 The Board notes that the breadth of this finding and the scope of the Education Code make it difficult for the Board to “agree” or “disagree” with this finding. Because of this breadth, the Board observes that in various ways the Education Code both restricts and does not restrict a District’s ability to be successful or to implement policies or practices leading to better student outcomes. Grand Jury Report Finding 4

Underlying contentions between administrators and teachers at charter and traditional public schools, as well as between school administrators and teachers’ unions, stand in the way of constructive collaboration beneficial to students in this county.

Board’s Response to Finding 4 The Board lacks the information necessary to fully respond to this finding as no charter schools operate within the District’s boundaries and the Board is not privy to the operation of other school districts. However, based on its own knowledge the Board disagrees wholly with this finding. The Board is confident that relationships among teachers and administrators within the District are advantageous to the students it serves. Grand Jury Report Finding 5

Longer teaching cycles (whether in the form of longer schools days or longer school years) are likely to benefit students in San Mateo County.




Board’s Response to Finding 5 The Board agrees that longer schools days or longer school years “are likely” to benefit students, but cautions against considering such a program in a vacuum without examining the other impacts of longer teaching cycles or the use of resources to support other options to benefit students.

Board’s Responses to Recommendations

Grand Jury Report Recommendation 1 By December 31, 2014 utilize the monthly superintendents’ meeting with the County Office of Education to develop and implement a written protocol to create more robust communication among the leaders of charter and traditional public schools, including but not limited to determine a method for including charter school leader in relevant meetings of leaders of non-charter schools and districts. Board’s Response to Recommendation 1 This recommendation is directed to the County Office of Education, therefore the Board cannot respond to or implement this recommendation. Grand Jury Report Recommendation 2 By December 31, 2014 develop in each County school district a plan to determine the viability of extending the school day. Board’s Response to Recommendation 2 The Board cannot implement this recommendation within the timeframe provided by the Grand Jury Report since the determination of the length of the school day is a long-range planning decision which should only be made after comprehensive review of the impacts of any changes and consideration of alternatives. Additionally, the Board responds that the Recommendation is neither warranted nor reasonable given the current lack of the fiscal resources needed to study and/or implement this Recommendation. Grand Jury Report Recommendation 3 By December 31, 2014 develop in each County school district a plan to determine the viability of extending the school year. Board’s Response to Recommendation 3 The Board cannot implement this recommendation within the timeframe provided by the Grand Jury Report since the determination of the length of the school year is a long-range planning decision which should only be made after comprehensive review of the impacts of any changes and consideration of alternatives. Additionally, the Board responds that the Recommendation is neither warranted nor reasonable given the current lack of the fiscal resources needed to study and/or implement this Recommendation.




Grand Jury Report Recommendation 4 By December 31, 2014 develop, at the district level, detailed mission statements which include quantifiable goals designed to produce better student outcomes. Mission statements will be posted on a publicly accessible website.

Board’s Response to Recommendation 4 The Board responds that it has already implemented this Recommendation. Prior to the issuance of the Grand Jury Report, the Board voluntarily expended considerable time and resources to develop a community-based mission statement. The District’s mission statement is located on our website at http://www.cabrillo.k12.ca.us/CUSD_topic/desc_mission.html. In addition, the Board has expended considerable time and resources to develop quantifiable goals to produce better student outcomes. These goals are embedded in such documents as our Local Control Accountability Plan, our district-wide Local Education Authority Plan, and our school-based Single Plans for Student Achievement. The District’s Local Education Authority Plan is located on our website at http://www.cabrillo.k12.ca.us/CUSD_file/LCFF_LCAP/LCAP-Board-Approved-June2014.pdf. The Governing Board of the Cabrillo Unified School District is pleased to provide this information to the San Mateo County Civil Grand Jury. Please feel free to contact me with any additional questions you may have. Sincerely, Tony Roehrick, Ed.D. Superintendent/CUSD Governing Board Secretary


JOHN C. FITrON COURT EXECUTIVE OFFICER

CLERK & JURY COMMISSIONER

June 9, 2014

Governing Board Cabrillo Unified School District 498 Kelly Avenue Half Moon Bay, CA 94019

Superior Court of California, County of San Mateo

Hall of Justice and Records 400 County Center

Redwood City, CA 94063-1655

RECEIVED


JUN I 0 2014

Superintendent's Office

(650) 261-5066 FAX (650) 261-5147

www.sanmateocourtorg

Re: Grand Jury Report: "Educational Frenemies: Can Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?"

Dear Governing Board Members:

The 2013-2014 Grand Jury filed a report on June 9, 2014 which contains findings and recommendations pertaining to your agency. Your agency must submit comments, within 90 days, to the Hon. Lisa A. Novak. Your agency's response is due no later than September 8, 2014. Please note that the response should indicate that it was approved by your governing body at a public meeting.

For all findings, your responding agency shall indicate one of the following:

I. The respondent agrees with the finding.

2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore .

Additionally, as to each Grand Jury recommendation , your responding agency shall report one of the following actions:

I. The recommendation has been implemented, with a summary regarding the implemented action.

2. The recommendation has not yet been implemented , but will be implemented in the future, with a time frame for implementation.

3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.

4. The recommendation will not be implemented because it is not warranted or reasonable, with an explanation therefore.


Please submit your responses in all of the following ways:

I. Responses to be placed on file with the Clerk of the Court by the Court Executive Office.

• Prepare original on your letterhead. indicate the date of the public meeting that your governing body approved the response address and mail to Judge Novak.

Hon. Lisa A. Novak Judge of the Superior Court

c/o Charlene Kresevich Hall of Justice

400 County Center; 2"d Floor Redwood City, CA 94063-1655.

2. Responses to be placed at the Grand Jury website.

• Copy response and send by e-mail to: (Insert agency name if it is not indicated at the top of your response.)

3. Responses to be placed with the clerk of your agency.

• File a copy of the response directly with the clerk of your agency. Do not send this copy to the Court.

For up to after the end of the term, the +Ar~~c•rcr•tt and the are available to the recommendations of the To reach the foreperson, call the Grand Jury Clerk at 261-5066.

these do not hesitate to contact Paul Okada, Chief Deputy

truly yours.

{?

John C. Fitton Court Executive Officer

JCF:ck Enclosure

cc: Hon. Lisa A. Novak Paul Okada

Information Copy: Superintendent


2013-2014 San Mateo County Civil Grand Jury 1

Educational Frenemies1:

Can Charter Schools Inspire Better Student Outcomes in Public Schools in San Mateo County?

Summary | Background | Methodology | Discussion | Findings | Recommendations |

Request for Responses | Attachments | Responses SUMMARY Upon a suggestion from a member of the public, the 2013-2014 San Mateo County Civil Grand Jury (Grand Jury) examined whether public charter schools in San Mateo County (the County) were sharing information (such as teaching methodologies designed to promote better student outcomes) with traditional public schools in fulfilling the California Legislature’s intent of helping to increase learning opportunities for all pupils, regardless of enrollment in any specific school. The results of this investigation lead to three major findings: (i) charter schools in the County are generally not sharing information (such as teaching methodologies designed to promote better student outcomes) with traditional public schools, (ii) no formal avenue exists to foster such sharing; and (iii) the failure of charter schools to fulfill the legislative intent of the laws authorizing their existence may be moot, because in this county the organizational freedoms allowed by charter status do not seem to be a significant determinative factor in creating better student outcomes.2 Based on its investigation, the Grand Jury recommends that the County Office of Education facilitate more constructive communication between charter and traditional public schools. BACKGROUND Public3 charter schools4 were authorized in the state of California by the California charter schools act of 1992 (ca. Ed. Code §47600 et. Seq.) (1992 act). The intent of the 1992 act included the goals of improving pupil learning, increasing learning opportunities “for all pupils”

1 “Frenemy” can refer to someone who really is a friend, but also a rival. The term is used to describe relationships both among individuals and groups or instituions. http://en.wikipedia.org/wiki/Frenemy. See also http://www.oxforddictionaries.com/us/definition/american_english/frenemy. Though popularized in recent media, the term has been in use since at least 1953 in both news media and comic strips. http://en.wikipedia.org/wiki/Frenemy 2 Whether charter schools provide better, worse or similar “pupil outcomes” is outside of the focus of this report. (See Ca. Ed. Code §§47605(b)(5)(B) and (C), and §45604.5(d) for a discussion of “pupil outcomes”.) 3 Unless otherwise indicated, any reference to a “charter school” or “charter” shall mean a public charter school. See Ca. Ed. Code §47615, which provides in part “The Legislature finds and declares … Charter schools are part of the Public School System as defined in Article IX of the California Constitution [and] Charter schools are under the jurisdiction of the Public School System and the exclusive control of the offices of public schools… .” 4 This report does not draw a distinction between “dependent” and “independent” charter schools. For further information, see http://www.lao.ca.gov/1997/121197_charter_schools/sri_charter_schools_1297-part2.html, and http://www.scusd.edu/dependentcharters.


http://en.wikipedia.org/wiki/Frenemy


and stimulating improvements “in all public schools”5 to help achieve these goals, the 1992 act freed charter schools from the constraints of nearly every provision of the California education code – provisions which continue to govern the operation of traditional public schools in the state.6 Charter schools in San Mateo County do not report to, and are not operated under the auspices of the county office of education. Instead, charter schools answer to the governing board of the school district which granted the charter establishing each such school.7 METHODOLOGY Documents

• The Grand Jury reviewed the documentation set forth in Appendix A including but not limited to:

o the websites, mission statements, charters, pending charter renewal applications, and strategic plans of charter schools and non-charter schools and school districts in the county;

o relevant studies conducted by public and private entities; and o articles appearing in the general press applicable to the inquiry.

Interviews

• As part of its inquiry for this report, the Grand Jury interviewed: o Superintendents, Assistant Superintendents and former Superintendents of

representative school districts across the County, educating students from kindergarten through 12th grade, and including both large and small districts, as well as districts with and without charter schools;

o Leaders of charter schools or charter school organizations with schools in the County;

o Multiple current or former political representatives knowledgeable about charter schools, including persons with experience advising the United States Senate and United States House of Representatives Committees on Education, serving in the California Department of Education and serving on education committees in the California State Assembly;

o Representatives from the County Office of Education; o Representatives from private entities focused on the study of education, and of

charter schools in particular; o Representatives from labor unions representing teachers in the County and

teachers throughout California; and o Other individual third parties studying education and charter schools in

California.

5 Ca. Ed. Code §47601. Emphasis added. 6 See, e.g., Ca. Ed. Code §47610 and 47605(l). 7 See, e.g., Ca. Ed. Code §47604 through 47604.33. Charter schools are required to file certain annual financial reports with the County Office of Education. Charter schools are generally established by a petition signed by a minimum number of parents and or teachers, and which is normally submitted to and approved by the governing board of the local school district. (See Ca. Ed. Code § 47605(a).)



DISCUSSION Charter schools have been granted freedom from most provisions of the California Education Code.8 This freedom has been cited as a key factor in the success9 of charter schools. But is it? Certain freedoms which charter schools enjoy have a basis in state law including the ability of charters to utilize certain non-certificated instructors (including the ability to hire non-certificated physical education associates and computer/technical associates, and to use community members as instructors), to utilize off-site learning opportunities, and to have more flexibility in how they count instructional minutes.10 Charter status may also give a school more flexibility in managing its budget. Some of the key factors cited (by previous researchers and by persons interviewed by the Grand Jury) as differentiators between charter and non-charter schools, however, seem to be more smoke than fire. Education codes (in California and elsewhere) have repeatedly been blamed by researchers,11 administrators of both charter and traditional public schools,12 and county-level education officials for preventing traditional public schools from implementing programs or procedures which might improve student outcomes. In that same vein, the new Strategic Plan of the San Carlos School District (a district with nearly all charter schools) states that “The District’s status of having mostly charter schools allows it more flexibility to implement many of the changes envisioned in this plan… .”13 The Grand Jury’s conclusions in this regard, however, stand in direct contrast to this seemingly broadly accepted (or at least regularly repeated) view. In particular, the Grand Jury finds that blame placed on the California Education code in this regard is misdirected. One of the most commonly cited hurdles to better student outcomes is the supposed inability of non-charter schools to offer longer school days or longer school years. Longer teaching cycles

8 See note 5, supra. 9 See note 1, supra. 10 I.e., alternatives to traditional “seat time” requirements otherwise enforced by the Legislature. 11 See, e.g., Booker, K., Gilpatric, S., Gronberg, T. & Jansen, D. The Effect of Charter Schools on Traditional Public School Students in Texas: Are Children Who Stay Behind Left Behind?” (September 2005), finding that charters benefit by having “greater degrees of freedom in dealing with certain regulations” and the ability to “differentiate their product from that offered by traditional public schools”. See also, Alexander, K. Can Traditional Schools Learn a Lesson From Charters’ Efficiency? (August 18, 2012). http://www.statesman.com/news/news/state-regional-govt-politics/can-traditional-schools-learn-a-lesson-from-char-1/nRNcH/. 12 Educational leaders interviewed by the Grand Jury referred to the Education Code as “very important” in the success of charter schools, claimed that the Education Code “restricts creativity” in non-charter schools, and cited leaders of non-charter schools as having a near-mantra of “If I didn’t have all these regulations…”. 13 San Carlos School District Strategic Plan 2013-2018.



have been repeatedly cited as contributing to better student outcomes in research studies,14 by local education officials,15 and even by union representatives.16 The Education Code, however, does not prevent school boards, school districts and county offices of education in California from having longer school days or longer school years. The applicable provisions of the Education Code set only a minimum number of school hours and school days. It is within the purview of each district – irrespective of the charter or non-charter status of individual schools – to determine whether to extend the length of their school day and their school year.17 In fact, some school districts in California have already lengthened, or considered lengthening, their school year beyond 180 days.18 The Education Code also has been blamed for “restricting creativity”19 of non-charter schools, in particular by forcing such schools to adopt curriculum from a list approved by the state,20 (though any such a requirement, at least for the time being, does not exist).21 Officials from non-charter schools also repeatedly indicated envy at the ability of charter schools to offer more professional development to their teaching staff.22 This, too, is an issue not generally arising from any restriction in the Education Code.23

14 See, e.g., DiCarlo, M. The Evidence on Charter Schools and Test Scores. The Albert Shanker Institute. (December 2011). Researchers concluded that longer school days and longer school years are a key factor in better student outcomes. The Shanker study reached its conclusion in part based on previous research efforts, including Hoxby, C.M., J.L. Kang, and S. Murarka. 2009. 15 Leaders of both charter and non-charter schools and districts across the County cited longer school days and longer school years as key factors leading to student success (including but not limited to offering the ability to provide “more differentiated support” to students). See also, the San Carlos School District’s Strategic Plan 2013-2018 (which calls for “extending and redefining the school day”) and the Ravenswood City School District Ravenswood 2009 response to the Final Report of the San Mateo County Civil Grand Jury, citing “the advantage of creating a longer day without additional compensation to staff as allowing charter schools to systematically offer families longer instructional days and an enriched curriculum”). 16 Representatives of both local and state unions claimed that “The Legislature has set the school year at 180 days.” 17 See California Education Code Section 46200 et. seq.; California Education Code Section 41420 et. seq.; and California Education Code Section 46112 et. seq. See also the website of the California Department of Education. http://www.cde.ca.gov/sp/eo/is/fap.asp. 18 See http://www.ocregister.com/articles/districts-355225-school-plans.html?data=1 and http://webcache.googleusercontent.com/search?q=cache:A6G77Hhd9Z4J:edsource.org/today/2013/lausd-discussing-200-day-school-year/39426+&cd=2&hl=en&ct=clnk&gl=us#.UxVlzvldWSo. 19 See further discussion, infra, regarding the importance of creativity by education leaders in creating better student outcomes. 20 (See: California Board of Education, State Board Adopted Instruction Materials; http://www.cde.ca.gov/ci/rl/im/rlaadoptedlist.asp. 21 In 2013, California Education Code Section 60210 was added via AB 1246 (Brownley), which allows schools in California to use “instructional materials that have not been adopted by the state board pursuant to Section 60200.” 22 Educational leaders interviewed by the Grand Jury indicated that teaching staff at charter schools in the County receive anywhere from 20-40 more days of professional development each school year than do their counterparts at non-charter schools. 23 To the extent that some charter schools can offer additional staff professional development by temporarily replacing regular teachers with non-certificated instructors, restrictions in the Education Code may come into play.



The Grand Jury recognizes that hurdles exist in the road to longer instruction days or years, and potentially to more professional development for teaching staff. But the hurdles for the most part are not embodied in the law; they more frequently live in the relationships between school districts and local, state and national teachers’ unions.24 Both publicly25 and privately,26 charter school organizations in the County claim to be fulfilling – or trying to fulfill – the California Legislature’s intent that charter schools increase learning opportunities for all pupils and stimulate improvements in all public schools.27 Yet the Grand Jury’s investigation and interviews with such organizations revealed that real evidence of sharing lessons learned is scant at best.28 Charter schools in California are required to include in their charters both (i) their goals and (ii) planned annual actions to achieve those goals.29 Yet only one of the charters and mission statements reviewed as a part of the inquiry for this report directly stated any goal related to communicating or sharing information in any manner with traditional public schools in the county for the betterment of pupils.30 Furthermore, despite the claims of charter schools related to their missions and goals, the Grand Jury found no evidence of any actual communication between charter and non-charter schools in the County. No administrator of any school district or traditional public school interviewed by the Grand Jury could cite any memory of being contacted by any charter school or charter school organization in the County in the context of sharing lessons learned by the charter.31 This is consistent with the findings of the 2008-2009 San Mateo County Grand Jury.32

24 See further discussion, infra, regarding the influence of unions vis-à-vis adopting new strategies and practices to create better student outcomes. 25 James Gallagher, Aspire Public School’s director of instruction was quoted as stating that Aspire wants to “catalyze change in public education”, serve as a “beacon of innovation” and “pull some traditional districts with us.” See Tucker, J. Charter Schools at Core of Teacher-Rating Debate. (December 6, 2013). San Francisco Chronicle, page A1. Aspire’s mission statement calls for its organization to “catalyze change in public education not just by opening and operating schools, but also by sharing the successful practices we’ve developed and honed along the way. … We don’t presume to have all the answers, but we do believe in the importance of sharing.” See Mission Statement of Aspire East Palo Alto Charter School, contained in Aspire East Palo Alto Charter School Renewal Charter for the term July 1, 2009 through June 20, 2014. Summit Preparatory Charter High School’s charter material revision expressly quotes the legislative intent, and their mission statement states (in part) that “The school aspires to serve as a model for high schools endeavoring to prepare all students for post-secondary academic pursuits.” A charter school leader also cited their organization’s goal to “take our original mission as incubator of innovation and spread it far and wide.” 26 Charter school leaders in the County spoke of sending “teams” of personnel out to “share information”, and of hosting educational and information sharing events to which they invited school leaders across the County. 27 See note 3, supra. 28 Leaders of charter organizations interviewed by the Grand Jury admitted that “far too little” sharing goes on, and that communication “could be better.” While one charter school leader spoke proudly of sharing lessons learned across their own internal charter organization, they could provide no examples of sharing with non-charter schools in the County. 29 Ca. Ed. Code §§47605(b)(5)A), 47605.6(b)(5)(a) and 47606.5. 30 See note 25, supra. 31 One charter school provided the Grand Jury with an extensive mailing list, but could provide no evidence of when or to what extent that list was actually used. And no leader of any non-charter school district could remember ever being contacted. Non-



The 2013-2014 Grand Jury also found that greater assistance in fostering such information sharing could be provided by the County Office of Education (COE). Although the COE sponsors regular meetings of educational leaders in this county (e.g., monthly meetings of district superintendents), representatives of charter schools are routinely not included in those meetings.33 While representatives of charter and non-charter schools do occasionally meet, those meetings generally are ad hoc and do not address the sharing of lessons related to better student outcomes.34 In addition, it appears that the charter schools in the County do not as a rule meet with each other in any organized fashion.35 The COE is the logical entity to promote improved communication between charter and non-charter schools in the County. While representatives from the COE have stated that the office is “trying to shepherd along more opportunities for information sharing,”36 this assertion was not validated by persons interviewed by the Grand Jury.37 In addition, certain education leaders expressed concern that meetings hosted by COE focused too infrequently on curriculum and best practices in teaching.38 Furthermore, whether or not the COE focuses more closely on the relationship between charter and non-charter schools, the Grand Jury determined that (despite any mission statements or goals

charter educational leaders across the County cited “not a lot of conversation” about charter schools, a lack of any visits to charter sites, a complete absence of conversation with leaders of charter schools, no examples of information sharing between charter and non-charter schools, and no knowledge of whether charter schools were operating as incubators of change. While charter leaders were referred to as “gracious when we go to them”, multiple education leaders cited a lack of “reaching out” by charter schools in the County. As one leader summed it up: “Real communication doesn’t actually exist.” 32 See, What Grades are the Charter Schools in East Palo Alto Earning? San Mateo Grand Jury Final Report. 2009, which found a lack of communication between charter and non-charter schools. 33 Representatives of charter schools indicated almost universally that they do not attend, and are not invited to attend, the monthly COE meetings. (The exception is the San Carlos School District, with six charter schools and one non-charter school.) The Grand Jury found that charter organizations in our county are also notably absent from other educational conferences often attended by leaders of non-charter schools and districts (such as Education and Community Leadership conferences, annual superintendents’ symposiums, conferences, of school boards, Association of California School Administrator conferences, etc.). 34 Charter leaders are likely to meet with non-charter educational leaders in their home district “if requested”, or “if there’s an agenda item related” to the charter, or “when necessary” (such as in those rare years where a charter is up for renewal). 35 As stated by one charter leader, there is “no regular communication” between the various charter organizations in this county. 36 The COE specifically cited an effort over the last 18 months to try “to do more outreach to charter schools.” 37 Leaders of school districts in this county stated that the COE has not tried to communicate successes and/or failures of charter schools, that the COE is not shepherding opportunities for communication, that there is “not a lot of incentive” for the sectors to communicate, and that the COE does not provide “structure” to help foster communication. As stated by one educational leader: “No one ever developed a mechanism to allow charters to share information.” At the same time, several charter leaders indicated that no one from the COE has tried to communicate with them, and that they have “no real relationship” with the COE. One charter leader did not even recognize the name “Anne Campbell” (Ms. Campbell is the Superintendent of the COE.) 38 As stated by one school district leader, “[e]very district has its own culture on how they serve students, curricular practices, etc.” Thus while the COE meetings may focus on important topics (such as workers’ compensation, employee classifications, legal alerts, technology challenges, etc.) the subjects (even when discussing subjects like the transition to Common Core) are “not usually best practices related to teaching or student outcomes.”



expressed in official school documents or Grand Jury interviews) it is clear that there is not an easy relationship between charter and non-charter schools. The Grand Jury agrees with the conclusions of previous researchers who found that leaders of traditional public schools are more likely to make positive changes in their operations when charter schools exist nearby.39 The Grand Jury’s investigation revealed at least two material roadblocks which stand in the way of more robust avenues of communication: an apparent underlying contentiousness between some members of the charter and non-charter factions, and the pure impact of the time and effort which cross-sector communication would require from already overworked administrators in all schools. Overcoming these basic and emotional issues will require commitment by all parties. Studies across the country have cited underlying tensions between charter and non-charter schools.40 These adversarial feelings were regularly confirmed by leaders of both charter and non-charter schools in this county,41 as well as by others familiar with the relationships.42 The Grand Jury found that leaders of charter and non-charter schools expressed both (i) their own eagerness to open communication with the other “side”, while at the same time acknowledging (ii) a co-existing feeling that some emotional component (often blamed on the other party) prevented that communication from occurring. Some tensions between the two sectors appear to be based on a fear by traditional public schools that charter schools are “stealing” students,43

39 The Manhattan Institute for Policy Research Civic Report found that district superintendents were more likely to make changes “to produce more appealing and effective schools” where charter schools existed. Changes included new accountability for student performance, changes to budget processes, adoption of Montessori-style schools, addition of before-school and after-school programs, and more. That same 2000 report also concluded in part that “Principals adopt more innovations at their school in direct proportion to the competitive enrollment pressure that they feel.” Another study used 8 years of data to test the effect of charter schools on traditional public schools, and found a “positive and significant effect of charter school penetration on traditional public school outcomes.” Booker, et. al., note 10, supra. 40 “[C]harter school advocates sometimes put forth a “we can do it better” attitude that can heighten tensions with traditional public schools.” Usable Knowledge: Learning from Charter Schools: Lessons for Educators. Harvard Graduate School of Education. (March 2009). “Significantly, we found that there is often a fundamental hostility between traditional public schools and the charter schools. Even in districts where the level of hostility is low we found little evidence that the schools in either sector have reached out to schools in the other sector. ….”) Does Charter School Competition Improve Traditional Public Schools? Manhattan Institute for Policy Research (2000). In 2009, the San Mateo County Civil Grand Jury described “a relationship lacking in trust” between charters and non-charters. What Grades are the Charter Schools in East Palo Alto Earning? San Mateo County Civil Grand Jury Final Report (2009). In fact, in 2009 the Summit Institute (which has run several charter schools in the County) sued the Sequoia Union High School District. (See e.g. Charter School Sues High School District. The Almanac. Retrieved from http://www.almanacnews.com/news/2009/07/24/charter-school-sues-high-school-district on February 18, 2014.) 41 Various school district leaders in the County described the relationships between charters and non-charters as “inherently controversial”, “adversarial” and (with respect to charter schools’ authorizing bodies) even “antagonistic”. These same leaders described a partnership “hurdle” fed by a feeling that charters have the attitude of “we’re better” than traditional public schools. And another educational leader interviewed by the Grand Jury stated that the “traditional system has seen charter schools as a threat.” 42 The relationship between charter and non-charter schools was described by one researcher as “immediately fraught” with “social and financial tension.” 43 See Harvard Graduate School of Education report, March 2009 discussing the issues surrounding charters taking students and the attendant per-pupil funding. While charter school leaders deny any intent to “steal” students or funding, they do acknowledge a perception by non-charter schools that charters “pull from the top” of available students and “take away funds from bigger schools.” Charter school researchers familiar with inter-school relationships in the County cited these exact perceptions as a basis for hostilities underlying the relationship between charter schools and traditional public schools.



along with the per-pupil funding dollars that follow the student. These tensions, while perhaps not unique to the County, are not necessarily realized in other local counties.44 Additionally, school leaders from both charter and non-charter schools cited simple lack of time as a hurdle to more robust communication. As stated by one district leader, it “takes a lot of work… and it’s all on top of what is already a fulltime job.”45 The Grand Jury also found that charter schools in the County haven’t yet figured how – or even why – to share information. One charter school leader stated that it would be “great” to actively share with other schools in this county, but asked, “what’s the mechanism?”46 Another charter school leader stated that, “there’s no disincentive” to sharing information, but there’s also a lot of incentive to stay “insular” (a term which was used by several interviewees). A district superintendent in this county not responsible for charter schools echoed the same sentiment, wondering whether charter schools were proprietary about their teaching methods, and stating that “it seems odd that after 21 years [of charter schools] there really hasn’t been anything” in the way of deliberate outreach.47 School administrators, however, are only part of the overall equation. While unionization of teaching staff is not strictly a charter vs. non-charter issue,48 the Grand Jury cannot ignore the issue of unions vs. district administration in implementing solutions to create better student outcomes.49 Multiple studies looking at charter schools have cited the existence of teachers’ 44 While several interviewees noted the presence of certain “really strong hostilities” in the County, it was also noted that “if you step over the county line”, you find entirely different (and more positive) relationships between charter and traditional public schools. The Grand Jury was offered examples of such positive relationships existing in the San Jose Unified School District, the San Francisco Unified School District, and the Oakland Unified School District. Despite the public controversy over the number of charter schools in Oakland, more than one interviewee made reference to Oakland Unified School District’s Office of Charter Schools which seeks to, among other things, “act as a vehicle by which charter school lessons have a positive impact on the entire public school system.” See, http://www.ousdcharters.net/. 45 Another district leader told us that “It’s hard enough to make change happen in your own district”; there is no real time to think about what might be happening outside of your local boundaries. 46 This same leader indicated that their charter organization is now doing “exploratory” work with school districts to determine whether those districts would be interested in hearing from the charter organization. But even if the answer is “yes”, next steps are not so simple. The charter organization would then need to “develop a business plan and business case” for such sharing. 47 In this same vein, a leader of one charter organization stated a need “to figure out where the demand is”, adding “We don’t know if districts would be open” to receiving information from the charter school. 48 Nothing prevents charter school teachers from unionizing. The teachers in the San Carlos School District (which is comprised almost entirely of charter schools) are unionized. The California Teachers’ Association has helped certain charter school staffs to unionize. According to sources interviewed by the Grand Jury, each year in this county teachers at one or more charter schools approach union representatives to inquire about possible unionization. In addition, the California Teachers’ Association has developed a presentation specifically educating unions on the importance of engaging charter school teaching staffs. http://www.cta.org/en/Professional-Development/Events/Conferences/~/media/Documents/PDFs/Conferences/2013%20Equity%20and%20Human%20Rights%20materials/Charter201314Schools.ashx. 49 Whether or not unions are in touch truly with their constituencies is outside the scope of this report. The Grand Jury predictably heard strong opinions and examples on both sides of this question from district leaders and from union representatives.



unions in traditional public schools (in comparison to generally non-union staffs at charter schools) as a negative influence on better student outcomes.50 In interviews related to this report, representatives of both charter and non-charter schools repeatedly cited the influence of unions, either directly or indirectly.51 In addition, district leaders across the county indicated that unions (from national to state to local levels) hinder districts’ ability to provide additional staff professional development, to institute longer school days or school years,52 to adopt before-school and after-school programs, and to use broader criteria to evaluate teachers’ performance.53 Conversely, union representatives interviewed in connection with this report stated materially different, yet equally reasonable positions, citing both fair compensation for teachers based on hours actually worked, and the ability of teachers (or any person) to continue to be effective as work days continue to increase in length.54 The Grand Jury found that every issue between unions and district administrators ultimately turned on budgets and teacher compensation.55 The Grand Jury also found a disconnect between philosophies and behaviors with respect to unions’ and administrators’ ability to work together on behalf of students. Both sides expressed (subject to a list of caveats) a willingness to listen to, and to talk with, the other side. But this stated willingness was overshadowed in many cases by posturing and finger pointing. The Grand Jury concluded that it is not unions by themselves that are the “hurdle”. The hurdles (with respect to unions) are both compensation and the ability of teachers to be able to continue to provide a quality education if additional obligations (for example, extended work days or work years) limit, rather than enable teachers’ effectiveness. 50 See, e.g. Harvard Graduate School of Education report (March 2009) citing freedom from unions as a key in being “able to mobilize quickly, and to institute changes faster than traditional schools.” 51 One district superintendent stated that a school’s success depends on the district’s union contract (in particular as the contract relates to the length of a school day and the number of hours teachers can work). Another district leader called unions “a challenge to flexibility and innovation, or even a blockade”, but “rarely a support.” Yet another district superintendent feared delays in implementing district-approved plans for better student outcomes if the union opposes some key planned measures. See also, Ravenswood City School District Ravenswood 2009 response to the report of the San Mateo County Civil Grand Jury, citing as a “major consideration” “the ‘freedom’ of academic program development afforded to charter schools without the restrictions of bargaining unit agreements”. 52 The Grand Jury is sensitive to the argument that if one district changes its schedule, it can have an adverse effect on staff in the district who have children attending out-of-district schools where the out-of-district school does not change its daily or yearly schedule. 53 Examples cited to the Grand Jury include teacher pay systems built on a “growth on the teaching continuum” rather than seniority, being able to use student achievement as part of teacher evaluations, having no set cap on the number of hours teachers can work, and the ability to remove teachers at-will if required. 54 Union representatives, for example, state uniformly that they would support (i) more staff professional development “If [teachers] were compensated for it, and it is meaningful”, (ii) longer school years if teachers were adequately compensated, and (iii) adding both before- and after-school programs staffed by district teachers, subject to “fair treatment” of the employees. The union representatives cited a concern over teachers “stretched past the point of being able to offer a good education.” In addition, union representatives cited as potential hurdles compensation for teachers for all additional hours worked, the use of student performance in evaluations driving teachers away from teaching lower-performing or special education students, and the ability of failed professional (e.g. principal-teacher) relationships to negatively affect a teacher’s evaluation and career. 55 Superintendents and district leaders claimed that unions refuse to accept longer working hours, even where the districts offered additional compensation and “further professionalization.” Union representatives claimed that districts want teachers to work “the days without the pay.”



That hurdle is contributed to equally by representatives of the unions and of the administration of unionized schools/districts.56

Even if the stars otherwise aligned, would all sides (including unions) be willing to work together more closely toward common goals? From the research conducted in connection with this report, the answer is not clear. One research group looking at this issue concluded that where hostilities exist, where incentive is low, and where time is a rare commodity, communication is unlikely to occur.57 The Grand Jury found this to be true in San Mateo County.58 Furthermore, despite any other complicating factors, it is not clear who wants to listen to whom.59 Nearly all parties interviewed in connection with this report stated that more robust communication between the sectors would be beneficial, and leaders of both charter and non-charter schools affirmed their willingness to play a part in that process.60 Conversely, there was an expressed desire by at least one traditional public school to not hear from charter organizations.61 This aversion to communication was confirmed by researchers familiar with school relationships in the County.62 Additionally, more than one person interviewed by the

56 The Harvard Graduate School of Education report (March 2009) found that with respect to implementing changes, unions “are usually willing to try new things when the districts ask.” Union representatives interviewed in connection with this report admitted that “We do block practices”, but only those “that would be detrimental to teachers being effective in the classroom” (e.g. class size; increasing the number of student contacts). Union representatives also stated that, as a rule, superintendents and school boards are willing to listen to union positions “on most issues”, but that “money is always the issue.” In some cases, the “hurdle” may be simply a lack of total available funds. But sources interviewed by the Grand Jury indicated that more often, controversy arises from how district administrators and union representatives differ on how to allocate existing funds. 57 “There is an expectation that the lines of communication between the two sectors [charter schools and traditional public schools] will be open and that information will flow freely between them. [But] the attitude of school district officials towards charter schools varies widely; districts that are hostile to charter schools are unlikely to encourage communication. … [A school district official] suggested that there is little actual communication between sectors because there is no incentive for educators at charter schools to convey information back to the traditional public schools, as they are too busy and because many of them have little desire to communicate.” Manhattan Institute for Policy Research Civic Report. 58 Researchers familiar with the school relationships in the County stated that, as a rule, non-charter schools “don’t pay a lot of attention” to charter schools. The exception to that rule is when a student’s performance materially improves after transferring from a traditional public school to a charter school, an occurrence which “rankles” the traditional public school in a way that is more likely to cause it to make changes. 59 As stated by a leader at one charter organization, “We don’t yet know who is willing to work with us.” And while many non-charter leaders were “open to hearing” from charters, some interviewees again cited the perceived charter attitude of “we’re better than traditional public schools” as a hurdle to such communicative relationships. Furthermore, as stated in the Manhattan Institute for Policy Research Civic Report, “there is also evidence that officials of traditional public schools do not believe charter schools in these cities are beacons of innovation, particularly in terms of curricula. Thus, even if lines of communication were open, in reality public schools officials may not want to listen.” 60 One leader of a charter organization stated that their school(s) would be “open and eager” to attend the quarterly superintendent meetings sponsored by the COE. 61 As stated by one district leader, “We don’t want to hear from charters. Charters are not creative. We are more innovative, more creative, and have better programs. … If I were told to go to [a local charter school] and learn what they’re doing, I’d say ‘why?’” 62 As stated by researchers familiar with charter and non-charter schools in the County, there is “potential” for lessons to be learned from charter schools in our county, “but it’s pretty low.”



Grand Jury expressed the concern that one school’s best practices may not be easily transferrable to other sites.63 The Grand Jury found that it will be human interactions, not laws, which will enable or inhibit changes contributing to better student outcomes in this county.64 Yet without some method of incentivizing deeper and more positive relationships, such as seeking outside funding specifically targeted toward collaboration, the outlook for such improved communication is not bright. In conclusion, the Grand Jury found many hurdles to the efficient flow of information between charter and non-charter schools in the County. The Grand Jury finds that all of the following could contribute to better student outcomes in San Mateo County: Establish an environment of improved cooperation65, in particular by both taking proactive steps to mend existing rifts in relationships, and by including charter school leaders in future County educational discussions and meetings. Until existing hostilities are overcome, meaningful dialog benefitting students will always be hampered. Hire strong leaders enabled to make change. Few of the recommendations in this report can be implemented absent a strong leader driving change and maintaining commitment throughout an organization. Interviewees repeatedly cited the importance of leadership strength throughout educational organizations, from principals to superintendents to school boards, all supporting the same missions. Strong leaders not only drive change and keep their teams focused, but also help to maintain morale among the “troops”.66 School leaders also must be willing and able to remove persons from the organization who are not helping to move the mission forward.67

63 One leader of a charter school organization agreed that other schools would benefit from knowing what his/her schools are doing, but at the same time admitted that “it’s not necessarily easily adoptable. It’s more of ‘how do you operate that way?’” It is thus not program-based, but thought-based. Conversely, a leader from another charter school organization acknowledged that while “change is hard”, lessons from their school “should be replicable anywhere”. 64 Researchers have found that the attitudes of district leaders and principals are critical to leverage benefits. See Manhattan Institute for Policy Research Civic Report. “In our fieldwork, we found that district leaders and principals who are entrepreneurial and reform-oriented are using charter schools as a tool to increase their leverage over their schools and force them to institute new programs and improve performance.” Id. However, the study also found that benefits do not accrue where “public school officials do not believe the charter schools actually provide new models or programs”. Ibid. 65 As stated by one charter school leader, “Move past the past.” 66 Leaders interviewed by the Grand Jury cited a “focused” (and even “visionary”) leader as one of the most important factors in changing the “inertia of the system”, and lauded in particular one superintendent described as a “master of keeping people focused on the mission”. A district superintendent claimed that most positive changes in schools are driven by strong principals. Union representatives called the drive of the leader “very important” and “key”, and noted that “when we don’t have a strong leader, morale goes down.” 67 While interviewees stressed the importance of a strong leader with “a very clear vision of where they want to go,” that leader must have the support of his or her superintendent and board, as well as staff buy-in. And, as stated by one non-charter leader, “in that process, sometimes you have to get rid of people.” As summarized by one interviewee: schools “need the right people in the right seats on the bus” … or they need to get those persons “off the bus”.



Consider longer school days and/or longer school years. Research of successful charter schools has repeatedly cited longer school days as one of the key driving factors.68 Educational leaders interviewed by this Grand Jury agreed that extended teaching time is crucial to achieving better student outcomes.69 Encourage creativity as a driving force in school leaders. Inherent in nearly every factor cited as crucial to the success of schools was a simply stated but difficult-to-define concept: creativity. Creativity as a strength in school leaders is not necessarily a new concept, and it has been cited in studies looking at successful schools. The Grand Jury found it enlightening to see how much importance educational leaders in the County placed on this amorphous ideal.70 In terms of better student outcomes, leaders of both charter and non-charter schools referred to creativity and innovation as “critical”, “huge”, and “it’s everything”. School leaders even credited creativity and innovation as leading factors in attracting and retaining teachers. School leaders also stressed the importance of creativity and innovation in the context of our students’ future careers: many of our current students will be working in jobs few of us have yet envisioned.71 Implement meaningful mission statements, as they are crucial to the success of schools.72 Leaders of both charter and non-charter schools across the County cited a strong mission statement as the “foundation” for the school, and “key to our success.”73 But mission statements 68 See The Evidence on Charter Schools and Test Scores. The Albert Shanker Institute. Policy Brief (2011). Based on its own research and data compiled by previous studies, the Shanker brief cited longer school days/years as key factors in better student outcomes. See also, Hoxby, C.M., J.L. Kang, and S. Murarka. 2009. “Technical Report: How New York City Charter Schools Affect Achievement.” NBER Working Paper. Cambridge, MA: National Bureau of Economic Research. Another report concluded that the single biggest influence of charter schools on traditional schools was the expansion of programs in traditional schools taking place before or after the traditional school day. (Manhattan Institute for Policy Research Civic Report) Furthermore, this County’s Grand Jury found in 2009 that one of the most important factors for a school’s success was an “extended school day with extra time to reinforce curriculum”. (What Grades are the Charter Schools in East Palo Alto Earning?” San Mateo County Civil Grand Jury Final Report (2009)). 69 Educational leaders from all consistently cited a need for longer school days, with non-charter superintendents suggesting teacher hours of 8:00-5:00 or even 7:30-6:00. Charter school leaders repeatedly named longer school days as key to their success model. Certain Grand Jury interviewees were careful to note, however, extending the school day or school year could cause an adverse reaction in families who believe their students are already performing well. 70 Creativity and innovation are not tied to school size. Smaller schools (like many charters) may be able to move more quickly or nimbly. But larger schools (like many non-charters) may have more resources to fund their creativity. One charter school leader in the county pegged their school(s) success in part to thinking creatively, but clarified that it was not based on charter status; “it’s based the way we behave”. “We could do those things even if we were not a charter” organization. With that said, not every interviewee tied creativity generally to success. Union representatives cautioned against moving too quickly, and certain researchers noted that many successful schools follow a more traditional, “1950s Wonderbread® model.” 71 As stated by one district leader, “Most kids will be doing jobs not yet invented today.” See also the San Carlos School District Strategic Plan 2013-2018: “In order to prepare [students] for the future and yet undefined careers…”. 72 See, e.g.: The Albert Shanker Institute policy brief (citing as a key factor in better student outcomes mission statements based on academic achievement); and Graduate School of Education (stating that good schools exhibit “a stunning clarity of mission. Teachers, administrators, families, and students in these schools all articulate the mission of their school with clarity of common language and shared beliefs. Nothing is ambiguous about the work of these schools; no one works at cross purposes.”). 73 As explained by the leader of one charter organization, “Everyone understands the intent of the mission. It’s in every school and in every teacher lounge.” Another school noted that in the teacher hiring process, they “evaluate for philosophical match” with the mission statement. Researchers interviewed in connection with this report echoed that sentiment, stating that success can depend in large part on a “huge consistency in school culture”.



must not just be words on a piece of paper. As stated by one educational leader in this county, there must be “unity of mission” and “a shared vision throughout the organization.” Accomplishing this goal begins with a strong and empowered leader. Increase focus on student progress. School leaders interviewed by the Grand Jury stressed the importance of frequent, data-based student assessments (as often as every two weeks). These same leaders also cited the importance of personalized (or differentiated) instruction, along with dedicated advisory programs and a commitment to provide each student with an adult mentor whom the student knows is on his or her side.74 The concept of “student focus” should also include environments outside the school, including efforts to involve families in supporting the student’s progress.75 FINDINGS F1. Charter schools and charter school organizations in San Mateo County are not actively

sharing information with traditional public schools in the County. F2. No formalized, efficient avenue exists in the County for sharing of information between

charter and non-charter schools, and in particular the County Office of Education is not adequately facilitating such sharing of information.

F3. The California Education Code does not restrict a school’s ability to be successful or to implement policies or practices leading to better student outcomes.

F4. Underlying contentions between administrators and teachers at charter and traditional public schools, as well as between school administrators and teachers’ unions, stand in the way of constructive collaboration beneficial to students in this county.

F5. Longer teaching cycles (whether in the form of longer school days or longer school years) are likely to benefit students in San Mateo County.

RECOMMENDATIONS R1. By December 31, 2014 utilize the monthly superintendents’ meetings with the County

Office of Education to develop and implement a written protocol to create more robust communication among the leaders of charter and traditional public schools, including but not limited to determining a method for including charter school leaders in relevant meetings of leaders of non-charter schools and districts.

74 One charter school official noted that “every student meets with their mentor at least every week.” And a county-level education leader stated that “Kids need to know that there is at least one adult who knows them and cares about them.” Researchers interviewed by the Grand Jury expressed similar opinions, tying schools’ success in part to the idea that “every kid can learn” and “learning can be fun.” 75 Both charter and non-charter leaders were consistent in stressing the importance of home environments which share common goals with the schools. One local principal was lauded by a superintendent for hiring a coordinator specifically to work on family outreach. Another district leader called parent involvement “key” and opined that once you have that family encouragement and support, better student outcomes “are like shooting fish in a barrel.”



R2. By December 31, 2014 develop in each County school district a plan to determine the viability of extending the school day.

R3. By December 31, 2014 develop in each County school district a plan to determine the viability of extending the school year.

R4. By December 31, 2014 develop, at a district level, detailed mission statements which include quantifiable goals designed to produce better student outcomes. Mission statements will be posted on a publicly accessible website.

REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the Grand Jury requests responses to the recommendations in this report as follows in accordance with the time periods set forth in Penal Code section 933(c): From the following governing bodies:

• For each of the charter schools listed in Appendix A, the governing board of each such charter school

• The governing board of each San Mateo County school district • The Board of Trustees of the San Mateo County Office of Education • Each San Mateo County school district

The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act.

Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury.



APPENDIX A Partial List of Sources Reviewed

California Education Code Section 47600 et. seq. (The “Charter Schools Act of 1992”) California Education Code Section 46200 et. seq. California Education Code Section 41420 et. seq. California Education Code Section 46112 et. seq. Does Charter School Competition Improve Traditional Public Schools? Manhattan Institute for Policy Research, Civic Report No. 10 (June 2000). Challenge and Opportunity: The Impact of Charter Schools on School Districts. United States Department of Education (2003). Booker, K., Gilpatric, S., Gronberg, T. & Jansen, D. The Effect of Charter Schools on Traditional Public School Students in Texas: Are Children Who Stay Behind Left Behind?” (September 2005) Merseth, K. Usable Knowledge: Learning from Charter Schools: Lessons for Educators. Harvard Graduate School of Education (March 2009). What Grades are the Charter Schools in East Palo Alto Earning? San Mateo County Civil Grand Jury Final Report (2009). Response to Charter Schools in East Palo Alto. Ravenswood City School District (August 28, 2009). DiCarlo, M. The Evidence on Charter Schools and Test Scores. The Albert Shanker Institute. (December 2011). Alexander, K. Can Traditional Schools Learn a Lesson From Charters’ Efficiency? (August 18, 2012). http://www.statesman.com/news/news/state-regional-govt-politics/can-traditional-schools-learn-a-lesson-from-char-1/nRNcH/. Sanchez, C. The Charter School vs. Public School Debate Continues” (July 16, 2013). National Public Radio. http://www.npr.org/2013/07/16/201109021/the-charter-school-vs-public-school-debate-continues. Charter Petition of Arundel School (May 24, 2010). Charter Petition of Brittan Acres School (Revision to the January 7, 2005 Petition) (May 03, 2010).



Brittan Acres Elementary School Mission (retrieved from http://www.brittanacres.org/about/mission/ on January 12, 2014). Charter Petition of Heather School (May 2009). Charter Petition of Tierra Linda Middle School (Revision to the October 29, 2005 Petition) (to be presented to the SCSD School Board May 10, 2010). Charter Petition of White Oaks School (May 2010). San Carlos School District Vision Statement (retrieved from http://www.sancarlos.k12.ca.us/our-mission/ on October 22, 2013). San Carlos Charter Learning Center Charter Petition Renewal Submitted to the San Carlos School District for Charter Term July 1, 2012-June 30, 2017. San Carlos School District Strategic Plan 2013-2018 (retrieved from http://www.sancarlos.k12.ca.us/strategic-plan/ on October 22, 2013). Summit Preparatory Charter High School Charter Material Revision Submitted to the Sequoia Union High School District (June 6, 2013). Mission Statement of Summit Preparatory High School (id.). Bylaws of Summit Public Schools. Everest Public High School “Focus” statement (retrieved from http://www.everestphs.org/who_we_are/ October 24, 2013). Aspire East Palo Alto Charter School Renewal Charter for the term July 1, 2014 through June 20, 2019. Mission Statement of Aspire East Palo Alto Charter School (id.). Aspire Public School’s statement regarding commitment to “Sharing Best Practices”. (retrieved from http://aspirepublicschools.org/sharing-practices/ October 24, 2013). Aspire East Palo Alto Charter School Renewal Charter for the term July 1, 2009 through June 20, 2014. Aspire East Palo Alto Phoenix Academy Charter Renewal Petition (May 2011) . Mission Statement of Aspire East Palo Phoenix Academy (id.). San Mateo – Foster City School District Vision and Mission Statement (retrieved from http://www.smfc.k12.ca.us/ December 01, 2013).



San Mateo – Foster City School District Strategic Plan (retrieved from http://smfc-ca.schoolloop.com/file/1227639011815/1312018882542/6205113949646816514.pdf December 01, 2013). San Mateo – Foster City School District Strategic Plan Talking Points (September 12, 2012). Sequoia Union High School District Board Polices (retrieved from http://www.seq.org/?id=193 December 01, 2013). Jefferson Elementary School District Message from the Superintendent (November 2013) (retrieved from http://www.jsd.k12.ca.us/District/130476-Superintendent.html December 01 2013). Jefferson Elementary School District Board of Education Goals (September 11, 2010) (retrieved from http://www.jsd.k12.ca.us/District/130475-Board-of-Education-Goals-February-11-2009.html December 01, 2013). Approved Minutes of Special Meeting of the Jefferson Union High School Board of Trustees (August 12, 2012) (in particular as relates to the Summit Public Schools: Shasta Charter Petition – Public Hearing). Belmont – Redwood Shores School District Vision Statement and Goals (retrieved from http://brssd-ca.schoolloop.com/vision December 02, 2013). Ravenswood City School District Mission and Vision (retrieved from http://www.ravenswood.k12.ca.us/domain/3 December 02, 2103). San Mateo Union High School District Mission Statement (retrieved from http://www.smuhsd.org/cms/page_view?d=x&piid=&vpid=1381476674918 on December 01, 2013). Website of the Partnership for 21st Century Skills. http://www.p21.org. Website for the Center for 21st Century Skills. http://www.skills21.org/. National Charter School Study 2013. Center for Research on Educational Outcomes, Stanford University. Charter School Performance in New Jersey. Center for Research on Educational Outcomes, Stanford University (July 01, 2012). Multiple Choice: Charter School Performance in 16 States. Center for Research on Educational Outcomes, Stanford University (2009).



An Examination of what the CREDO charter school study does and doesn’t show. Foundation for Education Reform & Accountability (August 20, 2009). The CREDO Study; Dubious Conclusions About New Jersey Charter Schools. “Mother Crusader” blog (November 27, 2012) (retrieved from http://mothercrusader.blogspot.com/2012/11/the-credo-study-dubious-conclusions.html on February 12, 2014) Linda Darling Hammond on the Common Core Standards. Diane Ravitch’s blog. (October 24, 2103). (retrieved from http://dianeravitch.net/2013/10/24/linda-darling-hammond-on-the-common-core-standards/ on February 12, 2014). Education Empowerment: An ES Interview with Linda Darling-Hammond. (July 17, 2013). Education Sector at American Institutes for Research. Education Sector, publisher. (retrieved from http://www.educationsector.org on February 12, 2014). How Do You Define 21st Century Learning? Education Week. (retrieved from http://www.edweek.org/tsb/articles/2010/10/12/01panel.h04.html February 12, 2014). Charter Extension Denied to Low Scoring School. (April 15, 2010). The New York Times. (retrieved from http://www.nytimes.com/2010/04/16/education/16sfcharter.html?pagewanted=all&_r=0, February 12, 2014. Website of the California Legislative Analyst’s Office. http://www.lao.ca.gov/1997/121197_charter_schools/sri_charter_schools_1297-part2.html. Website of the Sacramento Unified School District. http://www.scusd.edu/dependentcharters. Website of the California Department of Education. zttp://www.cde.ca.gov/sp/eo/is/fap.asp.

Issued: June 9, 2014



BOARD MEETING DATE: August 14, 2014 ACTION CONSENT DISCUSSION INFORMATION BOARD AGENDA NUMBER: 15.a BOARD AGENDA ITEM: Discuss Board/District Goals for the 2014-15 School Year DEPARTMENT: Superintendent/Governing Board CONTACT PERSON: Tony Roehrick, Ed.D., Superintendent

BACKGROUND INFORMATION: Each year, the Governing Board establishes its goals for the District. Last year, the Governing Board set seven over-arching goals with specific benchmarks for each goal. The benchmarks served to measure the District’s success in moving towards fulfillment of the over-arching goals. REPORT/PROPOSAL: The establishment of a strategic plan focus areas last year and the development of the Local Control Accountability Plan (LCAP) have sharpened the areas for emphasis in the 2014-15 school year. The proposed goals are aligned to the strategic planning focus areas and the goals established under the LCAP. The purpose of this agenda item is for the Board to review and discuss the proposed goals. Through this process, specific direction can be provided to staff to assist the Board finalize its goals for the 2014-15 school year. FINANCIAL IMPACT: There is no impact on the general fund. RECOMMENDATION: Discuss Board/District goals for the 2014-15 school year.


CUSD Board/District Goals 2014-15 DRAFT Page 1

Cabrillo Unified School District District-wide Governance Goals

2014-15 1. The Cabrillo Unified School District’s Governance Team approves a multi-year strategic

plan that focuses on improving communication among all stakeholders, including establishing specific actions.

2. The Cabrillo Unified School District’s Governance Team approves a multi-year strategic

plan that focuses on improving professionalism within the District including establishing specific actions.

3. The Cabrillo Unified School District meets the goals established by the Local Control Accountability Plan.

Benchmarks for 2014-15

Goals #1: The Cabrillo Unified School District’s Governance Team approves a multi-year strategic plan that focuses on improving communication among all stakeholders, including establishing specific actions. Benchmarks:

1. Specific goals related to Communication are developed and approved by the Governing Board.

2. Specific actions, evaluation measures, and timelines are developed to attain the Board

adopted Communication goals.

3. Timelines for the 2014-15 school year are met for the strategic plan Communication theme.

Goal #2: The Cabrillo Unified School District’s Governance Team approves a multi-year strategic plan that focuses on improving professionalism within the District including establishing specific actions. Benchmarks:

1. Specific goals related to Professionalism are developed and approved by the Governing Board.

2. Specific actions, evaluation measures, and timelines are developed to attain the Board

adopted Professionalism goals.



3. Timelines for the 2014-15 school year are met for the strategic plan Professionalism theme.

Goal #3: The Cabrillo Unified School District meets the goals established by the Local Control Accountability Plan. Benchmarks:

1. 100% of students are in classrooms and courses where teachers are appropriately assigned and credentialed. Success in meeting this benchmark will be determined by the San Mateo County Office of Education’s annual audit of credentialing for all certificated personnel.

2. 100% of students have access to standards-aligned materials. Success in meeting this

benchmark will be determined by the District’s Board approved annual statement of assurances for textbooks and instructional materials.

3. 100% of students are housed in school facilities that maintained in good repair. Success

in meeting this benchmark will be determined by the District’s Board approved quarterly reports of Williams uniform complaints.

4. Ensure a smooth transition to new Common Core State Standards (CCSS) utilizing the

CCSS Implementation of California Guiding Strategies Continuum as a roadmap. This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of progress to align professional development with CCSS implementation and to align current instructional materials to CCSS.

5. Students, in grades 7-12, are enrolled in broad courses of study as defined in Ed Code.

Success in meeting this benchmark will be determined by an analysis of the schedule of courses offered at Cunha Intermediate, Pilarcitos High, and Half Moon Bay High schools. A broad course of study is defined as grade appropriate options in mathematics, English language arts, social science, and science.

6. Transition to the Smarter Balanced Assessment System (SBAS) and set new annual

student expectations and goals based on first year of testing in 2014-15. This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of progress to align benchmark assessments to the CCSS and the SBAS, as well as to analyze the results of the 1st administration of the SBAS in the spring of 2014 to establish goals for outgoing years.

7. Increase district and individual school Academic Performance Index (API) to meet or

exceed State expectation of 800. This is a three-year goal. Success in meeting this benchmark will be determined by results provided-by the State for the 2014-15 school year.



8. Increase number of students who are college and career ready. This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of students passing the Early Assessment Program (EAP). In 2012-13, the passage rate for the English language arts EAP was 31.78%. The three-year goal is to increase the rate to 40%. In 2012-13, the passage rate for the mathematics EAP was 15.22%. The three-year goal is to increase the rate to 20%. Specific targets need to be established for each of the three LCAP years.

9. Increase number of English learners who are proficient. This is a three-year goal.

Success in meeting this benchmark will be determined by the State’s Title III Accountability Report. Targets established by the State for English learners in the district less than 5 years is 21.4%. The 2013-14 rate for CUSD was 20.1%. The 2014-15 goal is to make incremental progress to close the existing gap. CUSD already exceeds the targeted proficiency rate for English learners in the district more than 5 years.

10. Increase district-wide English learner reclassification rate from 8.0% to meet or exceed

the county average of 9.8%. This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of reclassification data that increases the rate to 8.5% in the 2014-015 school year.

11. Increase the number of students participating and passing in Advanced Placement (AP)

exams. Success in meeting this benchmark will be determined by an analysis of the three prior years of the number of students taking and passing AP exams. Specific targets will then be established for each of the three LCAP years.

12. Increase the number of students who take and pass the Early Assessment Program (EAP).

This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of students taking and passing the Early Assessment Program (EAP). In 2012-13, the passage rate for the English language arts EAP was 31.78%. The three-year goal is to increase the rate to 40%. In 2012-13, the passage rate for the mathematics EAP was 15.22%. The three-year goal is to increase the rate to 20%. Specific targets need to be established for each of the three LCAP years. In addition, success will be measured based an analysis of the three prior years of the number of students taking EAP exams. Specific targets will then be established for each of the three LCAP years.

13. Implement Career Technical Education (CTE) pathways for secondary students. This is a

three-year goal. Success in meeting this benchmark will be determined by maintaining current course offerings in 2014-15 as were offered in 2013-14. The District is a part of a county-wide AB86 grant that if funded would significantly increase CTE options of Cabrillo Unified students.

14. Develop a communication plan to provide all community stakeholders with regular

updates. This is a three-year goal. Success in meeting this benchmark will be determined by outcomes established under Goal #1 listed above.



15. Reduce the district-wide truancy rate of 25.3% to meet or exceed the county rate of 20.8%. This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of truancy data that reduces the rate to 23.5% in the 2014-15 school year.

16. Reduce the district-wide suspension rate of 5.7% to meet or exceed the county rate of

4.9%. This is a three-year goal. Success in meeting this benchmark will be determined by an analysis of suspension data that reduces the rate to 5.5% in the 2014-15 school year.
