of the Board of Directors of Doral Academy of Nevada · Mr. Segrera referred to the Balance Sheet, noting $2,000,000.00 in the operating account and $989,000.00 owed for the month

NOTICE OF PUBLIC MEETING of the

Board of Directors of Doral Academy of Nevada

Notice is hereby given that the Board of Directors of Doral Academy of Nevada, a public charter school, will conduct a public meeting on September 28, 2016, beginning at 5:30 p.m. at 626 Crossbridge Dr., Las Vegas, Nevada 89138. The public is invited to attend. Attached hereto is an agenda of all items scheduled to be considered. Please Note: The Board of Directors of Doral Academy of Nevada may 1) take agenda items out of order; 2) combine two or more items for consideration; or 3) remove an item from the agenda or delay discussion related to an item at any time. Reasonable efforts will be made to assist and accommodate physically handicapped persons desiring to attend or participate at the meeting. Any persons requiring assistance may call Pam Porter at (702) 431-6260 at least two business days in advance so that arrangements may be made. Public comment may be limited to three minutes per person at the discretion of the Chairperson.

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AGENDA September 28, 2016 Meeting of the Board of Directors of

Doral Academy of Nevada (Action may be taken on those items denoted “For Possible Action”)

1. Call to Order and Roll Call.

2. Public Comment. (For Discussion Only.) No action may be taken on a matter raised

under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken.

3. Review and Approval of Minutes from the July 27, 2016 and August 25, 2016 Board Meetings. (For Possible Action.)

4. Special Recognition. (For Discussion Only.)

5. Review of Schools Financial Performance. (For Discussion Only.)

6. Discussion and Possible Action Regarding HVAC Services for the Red Rock Campus Based on Bids From: (For Possible Action.)

A. ABM Building Services B. Lawyer/Trane Mechanical Services C. No Sweat Mechanical

7. Acceptance of Title II Funds. (For Possible Action).

8. Executive Director and Principal Reports. (For Discussion Only.)

9. Public Comments and Discussion. (For Discussion Only.) No action may be taken on a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken.

10. Adjournment.

This notice and agenda has been posted on or before 9 a.m. on the third working day before the meeting at the following locations:

(1) Doral Academy-Saddle – 9625 West Saddle Avenue, Las Vegas, Nevada. (2) Doral Academy-Cactus – 9025 W. Cactus Ave., Las Vegas, Nevada. (3) Doral Academy-Fire Mesa – 2568 Fire Mesa Street, Las Vegas, Nevada. (4) North Las Vegas City Hall – 2250 Las Vegas Boulevard North, North Las Vegas, Nevada (5) Henderson City Hall – 240 South Water Street, Henderson, Nevada. (6) Las Vegas City Hall – 495 S. Main St., Las Vegas, Nevada.

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DORAL ACADEMY OF NEVADA

Supporting Document

Meeting Date: September 28, 2016 Agenda Item: 3 – Review and Approval of Minutes from the July 27, 2016 and August 25, 2016 Board Meetings. Number of Enclosures: 2

SUBJECT: Review and Approval of Minutes from the July 27, 2016 and August 25, 2016 Board Meetings. X Action

Appointments Approval Consent Agenda Information Public Hearing Regular Adoption

Presenter (s): Board Recommendation: Proposed wording for motion/action:

Move to approve the Minutes from the July 27, 2016 and August 25, 2016 Board Meetings.

Fiscal Impact: N/A

Estimated Length of time for consideration (in minutes): 2-5 minutes Background: Submitted By: Staff

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MINUTES of the meeting of the

BOARD OF DIRECTORS of DORAL ACADEMY OF NEVADA July 27, 2016

The Board of Directors of Doral Academy of Nevada held a public meeting on July 27, 2016 at 5:30 p.m. at 9025 W. Cactus Ave, Las Vegas, Nevada 89178

1. Call to Order, roll call. Board Secretary John McClain called the meeting to order at 5:30 p.m. with a quorum present. In attendance were Board Members John McClain, Karla Zobrist, Andre Winslow and Jerod Allen (via telephone). Board Members Boone Cragun, Ed Koijane, and Erin Bedich were not present for the meeting. Also present were Executive Director Bridget Phillips, Principal Debbie Tomasetti, Assistant Principal Beckie Dehner, Principal Kelly Rafalski, Principal Danielle Marshall, Principal RoAnn Triana, and Academica Nevada representatives Carlos Segrera, Clayton Howell, Jake Smoot, and Michael Muehle.

2. Public Comment and Discussion. There was no request for public comment.

3. Review and Approval of Minutes from the May 25, 2016 and June 20, 2016 Board Meetings. Member Zobrist moved to approve the minutes from the May 25, 2016 and June 20, 2016 Board meetings. Member Winslow seconded the motion, and the Board voted unanimously to approve.

4. Recognition of Teacher Leslie Gardner for Outstanding Service. Executive Director Bridget Phillips addressed the Board, stating that she wished to recognize Leslie Gardner for her many contributions to the system and for 21 years of service. Executive Director Phillips noted that although Ms. Gardner was unable to be present for the meeting, she wished to recognize her before the Board. Principal Debbie Tomasetti addressed the Board and read the award’s commemorative inscription, “Time to stop living at work and start working at living. Happy Retirement.” Principal Tomasetti described Ms. Gardner’s most respected trait as her willingness to share her wisdom, learning, and support with those around her.

5. Review of Schools Financial Performance.

Carlos Segrera addressed the Board and referred the Board to the financial review summary as of May 31in the support documents. Mr. Segrera reported that they were completing year-end entries to close out the fiscal

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year, noting that the numbers were consistent with the month of June as well. Mr. Segrera reported a surplus of $263,809.00, adding that there were $57,000.00 in expenses in the Executive Director category which would be reimbursed through grants and would further increase the surplus. Mr. Segrera stated that there was an additional $140,310.00 awaiting clarification from the Department of Education regarding discrepancies in funding amounts. Mr. Segrera referred to the surplus breakdown, noting that the majority of the surplus came from enrollment above 95 percent. Mr. Segrera specified categories that were under budget, including Salaries and Benefits ($53,000.00), Infinite Campus ($29,000.00), and Rent/Lease. Mr. Segrera detailed categories that were over budget or not budgeted, including Incentives - Holiday Bonuses ($44,000.00), SPED Contracted Services ($40,000.00), Board Approved Extra Cash Expenditures ($70,000.00), Copier overages due to the inefficient use of classroom printers, Red Rock Opening Expenses ($20,000.00) and the kiln room for the Saddle campus ($20,000.00).

Mr. Segrera referred to the Balance Sheet, noting $2,000,000.00 in the operating account and $989,000.00

owed for the month of May and received June 1, which brought the balance on June 1 to almost $3,000,000.00 in the operating account. Mr. Segrera stated that their largest liabilities were their Pension/PERS and accrued payroll and their largest asset continued to be the Zions Lease.

6. Discussion and Approval of Up to $110,000.00 for the Construction of a Stage at the Saddle Campus, to be Financed Through a Lease Amendment.

Clayton Howell addressed the Board, referring them to the support materials and noting that the drawings had been presented to Principal Tomasetti, Executive Director Phillips, Arthur Ziev, and representatives from Turner- Agassi and had been met with approval. Mr. Howell detailed the items making up the $110,000.00, including $7,800.00 for architectural fees from ethos three for design, engineering, and permitting, as well as $92,440.54 for construction costs through Nevada General Construction and $10,000.00 for additional expenses. Mr. Howell stated that Turner-Agassi had agreed to finance the stage by wrapping the costs into the lease payment for the facility. Mr. Howell stated that in April they would be considering a bond issue to purchase the Saddle and Cactus facilities and could wrap the $110,000.00 into the purchase price of Saddle. Member McClain moved to approve the construction and financing of the stage. Member Zobrist seconded the motion and the Board voted unanimously to approve.

7. Discussion and Approval of Up to $60,000.00 for the Construction of an Awning at the Cactus Campus.

Mr. Howell stated that they had received a bid for $60,000.00 for the purchase of an awning, noting that

Principal Marshall had raised $40,000.00 in her SGF account for the purchase. Mr. Howell recommended utilizing an additional $20,000.00 in operating funds to make up the difference. Mr. Howell stated that they would open the project to public bid, adding that construction would most likely be over Winter Break, because permitting and construction would not be feasible before the first day of school.

Member Zobrist moved to approve $60,000.00 for the construction of an awning at Cactus. Member

Winslow seconded the motion and the Board voted unanimously to approve.

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8. Discussion and Possible Action Regarding Janitorial Services for the Red Rock Campus Based on

Bids From: A. ABM B. Accurate Building Maintenance C. Grisby Cleaning Service D. ICC E. ISS Facility Services F. Merchants Building Maintenance

Jake Smoot addressed the Board and referred them to page 71 of the support materials, noting that the lowest bid was from Merchants Building Maintenance with an annual cost of $100,000.00. Mr. Smoot described the decision process to be based on the Grading Rubric on page 73, highlighting Merchants Building Maintenance as having the highest score. Mr. Smoot recommended approval of a three year contract with Merchants Building Maintenance. Member Zobrist inquired as to janitorial services at the other Doral campuses. Mr. Smoot replied that Accurate Building Maintenance serviced the other Doral campuses. Discussion took place regarding Doral’s history with janitorial services and Academica’s history with Merchants. Mr. Smoot noted that utilizing Accurate Building Maintenance would cost $20,000.00 more than Merchants Building Maintenance, adding that the budget had been based on Accurate Building Maintenance fees. Member McClain moved to go forward with Merchants Building Maintenance for the Red Rock campus. Member Zobrist seconded the motion and the Board voted unanimously to approve.

9. Review and Approval of Wellness Policy.

Assistant Principal Beckie Dehner addressed the Board and described the Wellness Policy as comprised of goals and action steps for the implementation of the National School Lunch Program (NSLP), as well as guidelines for snacks served to students. Assistant Principal Dehner outlined three overarching goals:

• Nutrition Education - health tip of the week and other healthy eating education • Promoting Physical Activity - at lunch recess, during “brain breaks” in the classroom and with activity-

oriented clubs after school • Educating staff as well as students.

Assistant Principal Dehner detailed some of their guidelines for smart nutrition, including monitoring

caloric content of foods offered on campus and identifying limited dates for birthday celebrations, special occasions, and pre-approved lesson plans allowed to fall outside the nutrition guidelines.

Assistant Principal Dehner reported that they were also required to set up a bank account specifically for

the purpose of NSLP.

10. Review and Approval of National School Lunch Vendor. A. CCSD Food Services B. NSLP Solutions C. Three Square

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Assistant Principal Dehner referred the Board to the Grading Rubric, Scoring Sheet, and visuals of the food samples. Assistant Principal Dehner highlighted each vendor:

• NSLP Solutions ($2.70 per meal): They offered a salad bar and hot meals; food was very fresh and delicious; the company was organized around kids and their nutritional needs rather than profit; they received the highest score in all categories.

• Three Square ($2.95 per meal): The food was fresh and prepackaged for convenience (some assembly necessary); they offered a variety of hot and cold meals throughout the six week rotation; however, they could not be fully scored due to missing items from their proposal, including quality control, recipes, and nutrition information.

• CCSD ($2.15 per meal): They offered a variety of items to choose from each day, but with a lot of individual items for kids to carry back to their seats; they offered a vegetarian selection each day; the food was somewhat fresh; the food was frozen and reheated which led to condensation in the packaging and sogginess.

Assistant Principal Dehner stated that NSLP Solutions scored the highest and was their choice. Discussion took place regarding the freshness and appeal of the food. Principal Kelly Rafalski addressed the Board and noted that NSLP Solutions provided three serving staff within the cost of the meals, adding that they were able to serve 200 students in seven minutes. Member McClain moved to approve the Wellness Policy and NSLP Solutions as the lunch vendor. Member Winslow seconded the motion and the Board voted unanimously to approve.

11. Short-term Loan to Doral Academy of Northern Nevada for CSP Grant.

Mr. Howell reported that Doral Academy of Northern Nevada would be opening a school in 2017 and had applied for the CSP Grant, a federal grant for charter school startups. Mr. Howell explained that the grant supplied approximately $815,000.00 over three years on a reimbursable basis with a 15 to 30 day turnaround. Mr. Howell requested that the Board consider a short term loan to Doral Northern Nevada, as state funding would not begin until the second year of the grant. Mr. Howell stated that they would want to keep 50 days cash on hand for the upcoming bond issue and reported that he had spoken to Member Koijane, who suggested a cap on the amount that could be loaned at any one time in order to keep cash on hand at an appropriate level. Mr. Howell stated that they could charge interest, noting that the loan would be collateralized as most purchases during the initial year would be hard goods. Mr. Howell requested the Board consider the loan and revisit the issue for possible action in the next Board Meeting if Doral Academy of Northern Nevada received the grant.

12. Review and Acceptance of Read by 3 Grant Funding. Executive Director Phillips reported that Doral had received $81,375.00 from the Read by 3 Grant which would fund one staff member. Member Zobrist moved to accept Read by 3 Grant funding. Member Winslow seconded the motion and the Board voted unanimously to approve.

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13. Review and Acceptance of 3 Social Workers or Other Mental Health Workers’ Positions Awarded to Doral Academy of Nevada Under the Social Workers in Schools Grant.

Executive Director Phillips reported that they had received $187,680.00 for the hiring of three social workers or other mental health professionals. Executive Director Phillips explained that the model no longer allowed the positions to be shared among campuses, stating that there would be one marriage and family therapist each at Cactus, Saddle and Fire Mesa. Executive Director Phillips noted that they would be working to provide additional counseling/psychological support to the counselor at the Red Rock campus. Discussion took place regarding the scope of services, which would include Tier One, Tier Two and Tier Three crisis services. Member McClain moved to accept funding from the Social Workers in Schools grant. Member Zobrist seconded the motion and the Board voted unanimously to approve.

14. Review and Acceptance of Great Teaching and Leading Funds for 2016/2017 Pending Department of Education Approval.

Executive Director Phillips reported that they had received partial funding in the amount of $173,352.82 for Great Teaching and Leading, adding that they would receive specifics on how the funds could be spent. Member Zobrist moved to accept the Great Teaching and Leading funds. Member McClain seconded the motion and the Board voted unanimously to approve.

15. Discussion and Possible Action Regarding a Facility Use Policy. Michael Muehle addressed the Board and stated that the School Use Policy was similar to the policies adopted by Somerset and Pinecrest. Mr. Muehle reviewed the policy with the Board, specifying that it classified groups into two categories:

• Type A - Groups that fulfill all of the following: o Benefit the community or do community outreach o Do not charge admission for meeting attendance o Meet in the same area each time o Do not sell goods or services o Do not restrict attendance, other than for capacity

• Type B – All other groups Mr. Muehle stated that Type A Groups would not have to pay to utilize the facility as long as the following requirements were met:

• All students in the group were Doral students. • They used the same meeting room regularly. • They met at least once per month. • The do not require any additional resources from the school.

Mr. Muehle added that for any group to utilize the building, a member of Doral staff would have to be on the premises, noting that the custodian was typically the designated staff member, although the principal could assign any staff member.

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Discussion took place regarding examples of Type A and Type B groups. Executive Director specified that they partnered with Nevada Ballet Theatre for dance lessons and were interested in incorporating them and other similar groups within the policy. Discussion took place regarding the allowable amount charged per meeting, with Mr. Muehle specifying that according to the policy, admission could not exceed $8.00 per meeting. Further discussion took place regarding revisiting the allowable charges. Member McClain moved to approve the Facility Use Policy, subject to Executive Director Phillips determining the final charge per meeting. Member Zobrist seconded the motion and the Board voted unanimously to approve.

16. Review of Parent and Teacher Surveys. Principal Rafalski reported on the results of Fire Mesa’s parent survey, noting that there were almost 150 responses. Principal Rafalski stated that the areas of strength surrounded the fact that parents and students felt welcome in the front office and the classroom and that teachers and staff were helpful and courteous. Principal Rafalski highlighted indicated areas of focus, including homework (too much or not enough) and the math program, including common core. Principal Rafalski stated that they planned to hold parent nights to help parents understand the math program and how it was being taught, as well as a Family Arts Integration Night to allow parents to participate in arts-integration lessons. Principal Rafalski reported their goals to include professional development, detailed weekly parent newsletters, consistent evaluation of the effectiveness of homework, offering of additional learning activities, and posting of bullying protocol on the website with improved communication during incident investigations. Principal Rafalski reported that only 14 percent of teachers completed the teacher survey, adding that they would strive for higher participation next year. Principal Rafalski stated that their goals and areas of focus included providing more time for collaboration, increasing levels of communication, and integrating clear and consistent language and procedures regarding behavior expectations throughout the school. Principal Tomasetti reported on the results of the Saddle campus parent survey and outlined the strengths specified, including safety and security, reading and math curriculum, quality instruction, and availability of teachers. Principal Tomasetti detailed the areas of focus indicated, including strengthening relationships and communication with families, improving the parking situation, and providing alternatives to the heavy backpacks students carried. Principal Tomasetti reported that they would be engaging in a school-wide theme of “Building our Community” as part of their effort to strengthen relationships with families, and implementing the leadership program “The Leader in Me” to build character and leadership in their students. Principal Tomasetti reported that they were working toward alleviating parking issues through negotiations with the owner of an adjacent dirt lot with the hopes if being allowed to utilize it for additional parking, as well as the implementation of the silent dismissal smartphone app for parents at pickup. Principal Tomasetti reported that they received 24 responses (approximately one third of their teachers) to their teacher survey, adding that they hoped to improve the response rate in the future. Principal Tomasetti outlined the strengths to include an atmosphere that gave teachers a voice in goal setting/decision making as well as strong parent participation. Principal Tomasetti stated that the areas of focus included communication between parents and teachers regarding behavior issues, the need for focused/content-specific professional learning, and communication within the school regarding events. Principal Tomasetti outlined their goals to include updating of discipline procedures with more fluid communication, and implementation of a tiered system of professional

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development to address all levels of staff experience. Principal Tomasetti reported that the staff had posted a master calendar for the upcoming year on the school website and would display daily announcements in the office and staff lounge. Principal Danielle Marshall addressed the Board, reporting that 21 of their teachers had responded to the teacher survey. Principal Marshall outlined the strengths indicated, including availability and support of administration, quality of teaching, clear expectations for student achievement, effective communication with parents, and a safe, orderly environment. Principal Marshall reported areas of focus to include the need for collaboration time, recognition of teacher accomplishments, professional development in content area, and communication of events. Principal Marshall specified their goals to include coaching in the effective use of common prep times, setting up a common calendar of events, collaborative evaluations of all teachers in all subject areas, and setting expectations for follow-through on professional development. Principal Marshall highlighted the strengths indicated by the parent survey, including a safe and welcoming environment, a positive literacy program, availability of teachers and administration, positive and welcoming office staff, and timely resolution of issues. Principal Marshall outlined the areas of concern, including communication from the school/teachers, confusion regarding math instruction, and parking. Principal Marshall specified their goals to include updating the website more frequently, communicating where to find information on the website, making parents aware of ParentLink, educating parents on Common Core Math, making parents aware of the purpose/benefits of teacher collaborative time, and using the smartphone app for silent dismissal.

17. Executive Director and Principal Reports.

Principal Rafalski reported that Councilwoman Lois Tarkanian had, at the request of a Board member, had a walkway constructed between the Lone Mountain Trail and the school, which had greatly improved their parking situation.

Principal RoAnn Triana addressed the Board and stated that their building looked great so far, reporting that

they were fully staffed other than a couple of support positions. Principal Triana expressed her excitement for kids to show up and make the picture complete, thanking those who had helped her as she transitioned between her position at CCSD and that of Principal at Doral. Executive Director Phillips stated that the Red Rock campus anticipated beginning to move into their facility the night of August 22, noting they had great teachers and parents willing to help with the move.

Executive Director Phillips reported on a recent NFL (Network for Learning) in which teachers came together

to work on action plans for the upcoming school year. Executive Director Phillips summed up the day as a fun and powerful culmination to two days of training. Executive Director Phillips presented NFL team shirts to members of the Board in gratitude for their ongoing support of the schools. Executive Director Phillips also gave the Board copies of Principal Evaluation by James Stronge, noting that the Doral administrators were using the book to create a well-defined principal appraisal system that mirrored the evaluations being used for teachers. Executive Director Phillips stated that the book gave the reader insight and understanding of the complexity of the position of Principal. Discussion took place regarding Clark County School District’s new policy limiting professional development and Doral’s plan for continued professional growth.

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18. Public Comments and Discussion.

There was no request for public comment.

19. Adjournment.

Member McClain adjourned the meeting at 7:03 p.m.

Approved on: _____________________ _______________________________ Secretary of the Board of Directors Doral Academy of Nevada.

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MINUTES of the meeting of the

BOARD OF DIRECTORS of DORAL ACADEMY OF NEVADA August 25, 2016

The Board of Directors of Doral Academy of Nevada held a telephonic public meeting on August 25, 2016 at 10:00 a.m.

1. Call to Order, roll call. Board Secretary John McClain called the meeting to order at 10:05 a.m. with a quorum present. In attendance were Board Members Boone Cragun, Karla Zobrist, Ed Koijane, and Jerod Allen. Board Members Erin Bedich, John McClain, and Andre Winslow were not present for the meeting. Also present were Executive Director Bridget Phillips, Assistant Principal Beckie Dehner, and Academica Nevada representatives Colin Bringhurst and Becca Fitzgerald.

2. Public Comment and Discussion. There was no request for public comment.

3. Discussion and Possible Action Regarding the Participation in the National School Lunch Program. Colin Bringhurst addressed the Board and recounted that they had previously approved participation in the National School Lunch Program with NSLP Solutions as vendor. Mr. Bringhurst reported that the Nevada Department of Agriculture (NDA) had not permitted NSLP Solutions as a vendor, stating that the Board’s choices at this point were to table participation in the National School Lunch Program until the following year or to go with their second vendor choice, Clark County School District (CCSD). Executive Director Bridget Phillips addressed the Board and recommended tabling participation for the current year, noting that CCSD scored low on the rubric in the area of Food Taste. Executive Director Phillips stated that there was also concern with the fact that if CCSD were chosen, they would then have to get their Board of Directors to approve the contract, which could take 30-60 days, necessitating the use of Three Square while awaiting approval. Executive Director Phillips explained that the Charter Authority’s approval of adding the Pebble campus was contingent upon participation in the Free and Reduced Cost Lunch Program, adding that Ryan Reeves would be meeting with Patrick Gavin to clarify the required timing of participation. Member Allen inquired as to the reason NSLP Solutions was disqualified as a vendor. Mr. Bringhurst replied that there were items missing at the time of submission due to their moving from out of state (building lease, health permit, etc.) which had been submitted once business in the area had been established. Mr. Bringhurst stated that the NDA did not allow the late submission, thus disqualifying NSLP Solutions for the current year. Mr. Bringhurst reported that the NDA had admitted that the process precluded out of state companies from participating, as companies typically would not lease a building and gain a health permit before knowing if they

12

were going to have a contract for business in the area, adding that they had agreed to change the process in the future. Member Zobrist stated that she agreed that they should table participation for the year based on the vendor reviews from the previous meeting, including pictures of the food. Member Zobrist added that she would only feel comfortable using CCSD as a vendor after talking to schools who had used them

4. Discussion and Possible Action Regarding the Appointment of a School Lunch Vendor.

This agenda item was not necessary due to the decision to not participate in the National School Lunch Program during the 2016/2017 school year.

5. Public Comments and Discussion.

There was no request for public comment.

6. Adjournment.

Board Chair Cragun adjourned the meeting at 10:22 a.m.

Approved on: _____________________ _______________________________ Secretary of the Board of Directors Doral Academy of Nevada.

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Supporting Document

Meeting Date: September 28, 2016 Agenda Item: 4 – Special Recognition Number of Enclosures: 0

SUBJECT: Special Recognition Action Appointments Approval Consent Agenda X Information Public Hearing Regular Adoption

Presenter (s): Executive Director Phillips Recommendation: Proposed wording for motion/action: Fiscal Impact: N/A Estimated Length of time for consideration (in minutes): 5-10 minutes Background: Submitted By: Staff

14


Supporting Document

Meeting Date: September 28, 2016 Agenda Item: 5 – Review of Schools’ Financial Performance Number of Enclosures: 1

SUBJECT: Review of Schools’ Financial Performance Action Appointments Approval Consent Agenda X Information Public Hearing Regular Adoption

Presenter (s): Carlos Segrera Recommendation: Proposed wording for motion/action: Fiscal Impact: N/A Estimated Length of time for consideration (in minutes): 5-10 minutes Background: Submitted By: Staff

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Supporting Document

Meeting Date: September 28, 2016 Agenda Item: 6 – Discussion and Possible Action Regarding HVAC Services for the Red Rock Campus Based on Bids From: (For Possible Action.)

A. ABM Building Services B. Lawyer/Trane Mechanical Services C. No Sweat Mechanical

Number of Enclosures: 7

SUBJECT: HVAC Services X Action Appointments Approval Consent Agenda Information Public Hearing Regular Adoption

Presenter: Jake Smoot Recommendation: Proposed wording for motion/action: Move to approve ____________ as the vendor for HVAC Services for the Red Rock Campuses. Fiscal Impact: N/A Estimated Length of time for consideration (in minutes): 10-15 minutes Background: Submitted By: Staff

51

Company Red Rock MS (Monthly) TOTAL YEARLY

ABM 836.25$ 715.00$ 18,615.00$

No Sweat Mechanical 480.00$ 450.00$ 11,160.00$

1081Lawyer/Trane 943.08$ 827.16$ 21,242.88$

Red Rock ES (Monthly)

HVAC Proposals for Doral Academy

52

Academica Nevada HVAC Grading Rubric

Scale: 1-10 and 1-5 with 1 being the least and 10 or 5 being greatest.

Company Price (Lowest Price gets highest grade)

Conformance to Specs (Did they follow the specs given)

Qualifications (Based on company ability to perform services)

Past Performance (Worked with us in the past, any complaints) 1-5

Quality and Utility of Services

Supplies & Materials

Total 55/55

ABM 7 10 8 10 8 8 51/55

No Sweat Mechanical

10 8 8 9 8 8 51/55

Lawyer/Trane 5 9 8 6 8 8 44/55

53

ABM Building Services, LLC

Page 1 of 4

MAINTENANCE AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS

Agreement No.Proposal Number Proposal Date

BY AND BETWEEN:

AND

hereinafter CUSTOMERhereinafter CONTRACTOR

SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S):

This proposal is the property of Contractor and is provided for Customer's use only. Contractor guarantees the price stated in this Agreement for thirty (30) days from proposal date above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below . This Agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. This annual Agreement shall continue in effect for 3 years unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date.

Contractor will provide the services described in the maintenance program indicated below, which are attached hereto and made a part of this

Agreement, in accordance with the terms and conditions set forth on the following maintenance program pages.

MAINTENANCE PROGRAM:and associated Terms and Conditions

CONTRACTOR

Signature (Sales Representative)

CUSTOMER

Signature (Authorized Representative)

Signature Name (Print/Type)

Name & Title Title

Date Date

AGREEMENT coverage will commence on __October 01, 2016__ (date). The AGREEMENT price is

_$10,035.00__ per year, payable __$2,508.75__ per __Quarter__ in advance beginning on the effective date

of __October 01, 2016__.

IN WARRANTY ONLY: During the warranty, the AGREEMENT price will be ___________ per ___________. It is

understood that the warranty expires on ___________(date).

SCHEDULES INCLUDED:

6-Addendum


6480 Cameron Street, Suite 300

Las Vegas, NV 89118

LIC 57921, LIM $1,000,000 (702) 260-7012

Doral Red Rock Elementary School

c/o Academica Nevada

1378 Paseo Verde Pkwy

Suite 200, Henderson, NV 89012

08/08/2016 PC16217 PC16217

626 Crossbridge Dr. Las Vegas, NV 89138

Approved For Contractor

Tanner Garfield

Customized Professional Maintenance IV

Confidential and Proprietary. No Unauthorized Reproduction or Use.54

Page 2 of 4

CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM IV


Proposal Date Proposal Number Agreement No.

PC16217PC1621708/08/2016

As requested we are pleased to provide the following services to your Heating, Ventilation and Air Condition Equipment.

FREQUENCY AND TYPE OF SERVICE:-Fall service and operation inspection of the Heating equipment.-Fall filter change of all air filters listed on filter schedule with disposal of old filters.

-Winter filter change only, of all air filters listed on filter schedule with disposal of old filters.

-Spring service and operational inspection of the air condition equipment.-Spring filter change of all air filters listed on filter schedule with disposal of old filters.-Spring coil cleaning of all condenser coils for equipment listed.-Annual belt change.

TYPICAL SERVICE AND INSPECTION INCLUDES:TEST AND INSPECT: Job labor, travel labor and travel and living expenses required to visually inspect and test equipment to determine its operating condition and efficiency .TESTING for excessive vibration; motor bearings; refrigerant charge; safety controls; combustion and draft; crankcase heaters; control system(s), etc.INSPECTING for worn, failed or doubtful parts; mountings; drive couplings; rotation; soot; flame composition and shape; pilot and igniter; steam, water, oil and/or refrigerant leaks, etc.

OTHER ITEMS DISCUSSED:THREE YEAR AGREEMENT ESCALATION:We have discussed and appreciate multiyear agreements. Due to the competitive nature of this process our margins are thin. In order to provide the same level or service year over year a small cost of living increase of 3% would be necessary to cover the typical increases in material, labor, operational tax and insurance costs. The increase would take effect at the beginning of the second and third year of the agreement.

30 DAY TERMINATION:Upon at least thirty (30) days prior written notice, either party may terminate this agreement for any reason (including no cause). In the event of termination, it will be without obligation or liability of any nature except to pay for the portion of Services supplied prior to the effective date of termination specified in such notice.

CONTRACTOR WILL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES FOR THE BUILDING

ENVIRONMENTAL MECHANICAL SYSTEM(S) COMPRISED OF THE EQUIPMENT LISTED ON SCHEDULE 1

(INVENTORY OF EQUIPMENT):

Confidential and Proprietary. No Unauthorized Reproduction or Use. 55


PC16217PC16217

Page 3 of 4

CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM IV TERMS AND CONDITIONS

1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as

necessary to perform required services. All planned work under this Agreement will be performed during Contractor's normal working hours.

2. In case of any failure to perform its obligations under this Agreement, Contractor's liability is limited to repair or replacement at its option and

such repair or replacement shall be Customer's sole remedy. This warranty is conditioned upon proper operation and maintenance by Customer and

shall not apply if the failure is caused or contributed to by accident, alteration, abuse or misuse, and shall not extend beyond the term of this

Agreement.

3. The annual Agreement price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or initial seasonal

start-up indicates repairs are required, a firm quotation will be submitted for Customer's approval. Should Customer not authorize the repairs,

Contractor may either remove the unacceptable system(s), component(s) or part(s) from its scope of responsibility and adjust the annual Agreement

price accordingly or cancel this Agreement.

4. The annual Agreement price is subject to adjustment on each commencement anniversary to reflect increases in labor, material and other costs.

5. Customers shall be responsible for all taxes applicable to the service and/or materials hereunder.

6. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor

may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and

payable immediately upon demand.

7. This Agreement applies only to the maintainable portions of the system(s). Repair or replacement of non-maintainable parts such as duct work,

boiler shell and tubes, cabinets, boiler refractory material, main power service and electrical wiring, piping, tube bundles, valve bodies, coils,

structural supports, oil storage tanks and other similar items are excluded.

8. Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed price amount

to be negotiated or on a time-and-material basis at Contractor's rates then in effect) over the sum stated in this Agreement.

9. Contractor will not be required to move, replace or alter any part of the building structure in the performance of this Agreement.

10. This Agreement does not include responsibility for design of the system, obsolescence, safety test, removal and reinstallation of valve bodies and

dampers, repair or replacement necessitated by freezing weather, electrical power failure, low voltage, burned-out main or branch fuses, low water

pressure, vandalism, misuse or abuse of the system(s), negligence of others (including Customer), failure of Customer to properly operate the

system(s), requirements of governmental, regulatory or insurance agencies, or other causes beyond control of Contractor.

11. Customer shall permit only Contractor's personnel or agent to perform the work included in the scope of this Agreement. Should anyone other

than Contractor's personnel perform such work, Contractor may, at its option, cancel this Agreement or eliminate the involved item of equipment

from inclusion in this Agreement.

12. In the event Contractor must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay

Contractor all court costs and attorneys' fees incurred by Contractor.

13. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date

of the work.

14. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of

carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the

elements, forces of nature, or by any cause beyond its control.

15. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agents and employees from and against all

claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work

hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer,

anyone directly or in directly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by

the negligence of Contractor.

16. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS)

pursuant to OSHA'S Hazard Communication Standard Regulations.

17. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without

limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Contractor's work under this agreement.

18. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or

any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes and materials are

encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work

until such substances,wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the

extent caused by the suspension and the contract price equitably adjusted.

19. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL

CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF

CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

Confidential and Proprietary. No Unauthorized Reproduction or Use 56

Page 4 of 4

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PC16217


Addendum

Schedule 6

Schedule 1 - Inventory of Equipment, andSchedule 2 - Air Filter Inventory, will be provided for official contract execution, upon favorable approval by the board.

Equipment to be covered includes:

19 Split systems26 Roof mounted package units2 Ductless split system

THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF

WHICH THIS SCHEDULE IS A PART.

Confidential and Proprietary. No Unauthorized Reproduction or Use.

57


Page 1 of 4

MAINTENANCE AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS

Agreement No.Proposal Number Proposal Date

BY AND BETWEEN:

AND

hereinafter CUSTOMERhereinafter CONTRACTOR

SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S):

This proposal is the property of Contractor and is provided for Customer's use only. Contractor guarantees the price stated in this Agreement for thirty (30) days from proposal date above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below . This Agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. This annual Agreement shall continue in effect for 3 years unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date.

Contractor will provide the services described in the maintenance program indicated below, which are attached hereto and made a part of this

Agreement, in accordance with the terms and conditions set forth on the following maintenance program pages.

MAINTENANCE PROGRAM:and associated Terms and Conditions

CONTRACTOR

Signature (Sales Representative)

CUSTOMER

Signature (Authorized Representative)

Signature Name (Print/Type)

Name & Title Title

Date Date

AGREEMENT coverage will commence on __October 01, 2016__ (date). The AGREEMENT price is

_$8,580.00__ per year, payable __$2,145.00__ per __Quarter__ in advance beginning on the effective date of

__October 01, 2016__.

IN WARRANTY ONLY: During the warranty, the AGREEMENT price will be ___________ per ___________. It is

understood that the warranty expires on ___________(date).

SCHEDULES INCLUDED:

6-Addendum


6480 Cameron Street, Suite 300

Las Vegas, NV 89118

LIC 57921, LIM $1,000,000 (702) 260-7012

Doral Red Rock Middle School

c/o Academica Nevada

1378 Paseo Verde Pkwy

Suite 200, Henderson, NV 89012

08/08/2016 PC16216 PC16216

626 Crossbridge Dr. Las Vegas, NV 89138

Approved For Contractor

Tanner Garfield

Customized Professional Maintenance IV

Confidential and Proprietary. No Unauthorized Reproduction or Use.58

Page 2 of 4

CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM IV



PC16216PC1621608/08/2016

As requested we are pleased to provide the following services to your Heating, Ventilation and Air Condition Equipment.

FREQUENCY AND TYPE OF SERVICE:-Fall service and operation inspection of the Heating equipment.-Fall filter change of all air filters listed on filter schedule with disposal of old filters.

-Winter filter change only, of all air filters listed on filter schedule with disposal of old filters.

-Spring service and operational inspection of the air condition equipment.-Spring filter change of all air filters listed on filter schedule with disposal of old filters.-Spring coil cleaning of all condenser coils for equipment listed.-Annual belt change.

TYPICAL SERVICE AND INSPECTION INCLUDES:TEST AND INSPECT: Job labor, travel labor and travel and living expenses required to visually inspect and test equipment to determine its operating condition and efficiency .TESTING for excessive vibration; motor bearings; refrigerant charge; safety controls; combustion and draft; crankcase heaters; control system(s), etc.INSPECTING for worn, failed or doubtful parts; mountings; drive couplings; rotation; soot; flame composition and shape; pilot and igniter; steam, water, oil and/or refrigerant leaks, etc.

OTHER ITEMS DISCUSSED:THREE YEAR AGREEMENT ESCALATION:We have discussed and appreciate multiyear agreements. Due to the competitive nature of this process our margins are thin. In order to provide the same level or service year over year a small cost of living increase of 3% would be necessary to cover the typical increases in material, labor, operational tax and insurance costs. The increase would take effect at the beginning of the second and third year of the agreement.

30 DAY TERMINATION:Upon at least thirty (30) days prior written notice, either party may terminate this agreement for any reason (including no cause). In the event of termination, it will be without obligation or liability of any nature except to pay for the portion of Services supplied prior to the effective date of termination specified in such notice.

CONTRACTOR WILL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES FOR THE BUILDING

ENVIRONMENTAL MECHANICAL SYSTEM(S) COMPRISED OF THE EQUIPMENT LISTED ON SCHEDULE 1

(INVENTORY OF EQUIPMENT):

Confidential and Proprietary. No Unauthorized Reproduction or Use. 59


PC16216PC16216

Page 3 of 4

CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM IV TERMS AND CONDITIONS

1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as

necessary to perform required services. All planned work under this Agreement will be performed during Contractor's normal working hours.

2. In case of any failure to perform its obligations under this Agreement, Contractor's liability is limited to repair or replacement at its option and

such repair or replacement shall be Customer's sole remedy. This warranty is conditioned upon proper operation and maintenance by Customer and

shall not apply if the failure is caused or contributed to by accident, alteration, abuse or misuse, and shall not extend beyond the term of this

Agreement.

3. The annual Agreement price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or initial seasonal

start-up indicates repairs are required, a firm quotation will be submitted for Customer's approval. Should Customer not authorize the repairs,

Contractor may either remove the unacceptable system(s), component(s) or part(s) from its scope of responsibility and adjust the annual Agreement

price accordingly or cancel this Agreement.

4. The annual Agreement price is subject to adjustment on each commencement anniversary to reflect increases in labor, material and other costs.

5. Customers shall be responsible for all taxes applicable to the service and/or materials hereunder.

6. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor

may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and

payable immediately upon demand.

7. This Agreement applies only to the maintainable portions of the system(s). Repair or replacement of non-maintainable parts such as duct work,

boiler shell and tubes, cabinets, boiler refractory material, main power service and electrical wiring, piping, tube bundles, valve bodies, coils,

structural supports, oil storage tanks and other similar items are excluded.

8. Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed price amount

to be negotiated or on a time-and-material basis at Contractor's rates then in effect) over the sum stated in this Agreement.

9. Contractor will not be required to move, replace or alter any part of the building structure in the performance of this Agreement.

10. This Agreement does not include responsibility for design of the system, obsolescence, safety test, removal and reinstallation of valve bodies and

dampers, repair or replacement necessitated by freezing weather, electrical power failure, low voltage, burned-out main or branch fuses, low water

pressure, vandalism, misuse or abuse of the system(s), negligence of others (including Customer), failure of Customer to properly operate the

system(s), requirements of governmental, regulatory or insurance agencies, or other causes beyond control of Contractor.

11. Customer shall permit only Contractor's personnel or agent to perform the work included in the scope of this Agreement. Should anyone other

than Contractor's personnel perform such work, Contractor may, at its option, cancel this Agreement or eliminate the involved item of equipment

from inclusion in this Agreement.

12. In the event Contractor must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay

Contractor all court costs and attorneys' fees incurred by Contractor.

13. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date

of the work.

14. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of

carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the

elements, forces of nature, or by any cause beyond its control.

15. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agents and employees from and against all

claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work

hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer,

anyone directly or in directly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by

the negligence of Contractor.

16. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS)

pursuant to OSHA'S Hazard Communication Standard Regulations.

17. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without

limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Contractor's work under this agreement.

18. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or

any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes and materials are

encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work

until such substances,wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the

extent caused by the suspension and the contract price equitably adjusted.

19. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL

CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF

CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

Confidential and Proprietary. No Unauthorized Reproduction or Use 60

Page 4 of 4

PC1621608/08/2016


PC16216


Addendum

Schedule 6

Schedule 1 - Inventory of Equipment, andSchedule 2 - Air Filter Inventory, will be provided for official contract execution, upon favorable approval by the board.

Equipment to be covered includes:

19 Split systems20 Roof mounted package units1 Ductless split system

THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF

WHICH THIS SCHEDULE IS A PART.

Confidential and Proprietary. No Unauthorized Reproduction or Use.

61

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410 MARK LEANY, HENDERSON, NV 89015 / PH 702.568.0137 / FAX 702.568.9971 / NSCB LIC #75507

Date: 8/5/16

CONTRACTOR CUSTOMER

No Sweat Mechanical, LLC Pinecrest Academy of NV

410 Mark Leany Dr. Doral Red Rock Elementary School

Henderson, NV 89011 626 Crossbridge Dr.

Phone 702.568.0137 Las Vegas, NV 89113

Fax 702.568.9971

Preventative Maintenance Program

Contractor will provide the services in accordance with the schedules, scopes, terms and conditions on the attached pages, which are listed below. These services will be provided as described in the scopes of work. This agreement is for four (3) service visits annually. Agreement coverage will begin on date of acceptance unless otherwise noted. The agreement price is $5,760.00 per year. Total contract price for 3 years $17,280.00 to be paid $480.00 per month, beginning on the effective date. Attachments Included: Schedule 1 - Inventory of Equipment/Preventative Maintenance Schedule Schedule 2 - Special Services/Provisions Scopes of Work The coverage included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between the above listed parties. This agreement is the property of Contractor and is provided for the Customer’s use only. This agreement is subject to management approval by the Contractor. No waiver, change, or modification of any terms or conditions shall be binding on Contractor unless made in writing and signed by authorized management of Contractor. This agreement shall continue for (3) three years, unless either party gives thirty (30) days prior written notice of termination. CONTRACTOR CUSTOMER

Signed: ____________________________________ Signed: ____________________________________

By: Geoff Hilts, Service Manager ____________________________________________

Name/Title

____________________________________________ ____________________________________________

Date Date

76


Schedule 1 – Inventory of Equipment/Preventative Maintenance Schedule

Qty. System Type Mfr. Frequency/Year

3 5 ton split system heat pump Carrier

3 filter changes per year. 1 belt change per year. 1 coil cleaning per

year.


2 2 ton ductless mini split system heat

pump Mitsubishi

8 8.5 ton roof top package unit heat

pump Carrier


pump Carrier

1 6 ton roof top package unit heat

pump Carrier


pump Carrier


pump Carrier


pump Carrier

5 Roof mount exhaust fan S&P

1 Roof mount fresh air intake fan S&P

77


Schedule 2 – Special Services/Provisions

1. Work scopes for the equipment listed in this Agreement are attached.

2. Service visits will be performed three times per year.

3. This agreement includes filter changes three times per year.

4. This agreement includes coil cleaning and belt replacement once per year.

5. This agreement includes Air adjustments as needed.

6. This agreement includes disposal of air filters after every service.

78



Terms and Conditions

Unless otherwise advised in writing to the contrary within seven (7) days of the execution of this agreement, the following terms and conditions as written are hereby accepted between Customer and No Sweat Mechanical, LLC (hereinafter referred to as NSM). By execution of this agreement, the Customer represents that he has the authority to enter such agreement. General

1) Acceptance of this Agreement by NSM assumes that all systems and equipment covered are in maintainable condition. If repairs are found to be necessary during the new Agreement start up inspection or the initial seasonal start-up, a repair proposal will be submitted for approval. If the repair proposal is declined, the non-maintainable items will be eliminated from the maintenance Agreement and the Agreement price adjusted accordingly or the Agreement may be cancelled or otherwise revised.

2) The Customer will provide access to all areas and equipment, and will allow NSM to stop and start equipment as may be necessary to fulfill the terms of the Agreement. All maintenance, repair or replacement tasks will be performed during normal working hours, 7:30 AM to 4:30 PM, Monday through Friday, holidays excepted. Customer agrees to pay overtime on any maintenance and work requested to be performed outside said normal working hours.

3) If any emergency call is made at the Customer’s request and inspection does not reveal any defect, Customer will be liable for charges for such services, including but not limited to; investigative labor, travel time, and overtime. Customer acknowledges that there is a minimum charge of two (2) hours for emergency calls if no defect is found.

4) NSM reserves the right to adjust and or terminate this Agreement, should the systems and/or equipment covered under this Agreement be altered, modified, changed or moved, including but not limited to any direct changes in application or architectural modifications resulting in changes to the mechanical systems and/or equipment performance. If persons other than representatives of NSM perform maintenance or repair of equipment covered under this Agreement, and as a result further repair by NSM is required, such repairs will be made and charges billed to the Customer at NSM’s applicable labor and material rates then in effect.

5) In addition to any price specified on the face hereof, the Customer shall pay and be responsible for the gross amount of any present or future sales, uses, excise, value-added, or other similar tax, however designated, applicable to the price, sale or delivery of any products, services or the work furnished hereunder or for their use by NSM on behalf of the Customer whether such tax shall be local, state, or federal in nature. This includes, but is not limited to the recovery, recycling, reclamation; handling and disposal of all refrigerants and the additional costs incurred for refrigerant tax and/or increased costs due to shortages.

6) Maintenance service charges will be invoiced in advance of the period during which the service is provided. Extra work performed will be invoiced upon completion of work. Payment for services performed under this Agreement is due within 30 days of invoice date. Finance charges will apply to balances over 30 days, and NSM reserves the right to stop all work until such balances are made current.

7) NSM reserves the right to adjust this Agreement should Customer request a material change in the scope of services, as determined by NSM in its sole discretion. When NSM determines a change in material, NSM will reduce the change to writing and provide the completed written change to Customer. Both NSM and Customer will have to provide written approval of the change as detailed in written description of the change, including the impact of the change on the schedule, resources, and the price of the service, NSM will make the change. When Customer accepts the change, Customer will modify its forms for payment as requested by NSM. If Customer does not accept the change (including the impact on the schedule, resources, or price), the parties will complete their obligations as set forth in this Agreement.

79


8) This Agreement shall continue in effect from year to year, unless either party gives thirty (30) days prior written notice to terminate. The Agreement price is subject to adjustment on each renewal anniversary date to reflect increases in labor, materials and other industry related costs.

9) Either party may terminate this Agreement if the other party commits a material breach of such Agreement, including but not limited to non-payment of any amount when due, and the breach is not cured within thirty (30) days of receipt of written notice from the injured party. If NSM terminates this Agreement for cause, Customer shall be responsible for NSM’s costs incurred and reasonable profit up through the date of termination.

10) Either party may at its option cancel or terminate this agreement and all Supplemental Agreements in their entirety, or cancel or terminate merely one or more of the Supplemental Agreements, without cause upon thirty (30) days prior written notice to the other party. NSM shall advise Customer of the extent to which performance has been completed through the date of the notice of termination. Customer shall be responsible for NSM’s costs incurred and reasonable profit up through the date of cancellation.

Exclusions

1) Repair, replacement and emergency service provisions apply only to the systems and equipment covered by this

agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, duct work, piping, coils, shell and tube (for boilers, evaporators, condensers, and chillers), unit cabinets, boiler refractory material, heat exchangers, insulating material, electrical wiring, tubing, tanks, fixtures and finishes, structural supports and other non-moving parts, are not included in this agreement.

2) NSM is not responsible for (a) the design of the mechanical and/or plumbing system, (b) obsolescence, (c) water supply and drainage, (d) damages caused by freezing, (e) additional work required by government regulated codes, (f) additional work required to meet insurance requirements, (g) any air/water balancing, (h) safety tests, (i) electrical service or service requirements due to power failure, (j) misuse and/or abuse of system(s), (k) negligence by Customers or others, (l) vandalism, (m) and all other causes that are beyond NSM’s control.

3) This Agreement does not include the identification, removal, handling or disposal of asbestos or other hazardous substances. In the event such substances or materials are discovered, NSM’s responsibility is limited to notifying the Customer of the possibility of the existence of such materials.

80


Limitations of Liability

1) NSM will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood,

corrosive substance in the air, strike lockout, dispute with the workmen, inability to obtain material or services, commotion, war, act of God, or any other cause beyond NSM’s reasonable control.

2) In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall the parties or their suppliers, employees or agents be liable to each other for any special, consequential, incidental, or penal damages including, but not limited to loss of profit or revenues, loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, attorney fees, lost profits or claims of such damages arising from the work on this Contract. This limitation of liability shall not negate NSM from identifying and defending Customers from claims and losses experienced as a result of NSM’s negligent work.

3) NSM will perform its obligations hereunder in a workmanlike manner. No other warranty expressed or other liability is given and is no other affirmation by NSM, by word or actions shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty of merchantability of fitness, and any other obligation on the part of NSM.

4) NSM warrants materials only to the extent and for the time period said materials are warranted to NSM by the manufacturer(s) of the same. NSM liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by NSM.

5) NSM and Customer agree to seek to avoid litigation as a resolution of any disputes. However, should either party commence legal action against the other, the prevailing party shall be entitled to recover from the other party all court costs, disbursements and reasonable attorney’s fees. NSM and the Customer agree to indemnify and hold each other; including their officer, agents, directory and employees, harmless from all liabilities, costs, claims, demands, or suits of any kind, including but not limited to reasonable attorney’s fees, resulting from the negligence or willful misconduct or breach of this agreement by the indemnifying party or its employees, contractors or agents.

81


General Scope of Work

The Concepts Maintenance Program described below has been designed to provide you, the customer, with a continuing maintenance program. This program will be planned, scheduled, managed, monitored, and enhanced by No Sweat Mechanical, LLC (hereinafter referred to as NSM) throughout the term of this agreement. Test and Inspection This agreement includes all labor to visually inspect and search for worn, failed, and/or doubtful parts. NSM will visually check coil surfaces, fan blades, fan belts, couplings, equipment housings, motor mounts, dampers, valves, fluid levels, heat exchangers, etc. NSM will make recommendations to the Customer of any necessary replacements and/or adjustments. Preventative Maintenance and Predictive Maintenance

This agreement includes labor to perform preventative maintenance on the equipment included in the attached schedules. Maintenance intervals for systems and equipment are determined by run time, system use, application, location, and manufacturer’s recommendations. Consumable Materials This agreement includes normal consumable materials and supplies; such as lubricants, grease, towels/rags, wire nuts, cleaning solutions, and oil and clean-up materials. Air Filter Media and Service This agreement includes three air filter changes. Air filters will be provided by and also disposed of by NSM. Repair and Replacement Should repairs or replacements be necessary, NSM will perform such repairs with Customer approval and all labor and materials will be billed separately, including travel. Emergency Service Emergency service is available – 24 hours a day – 7 days a week – to reduce the risk of down time and inconvenience for the customer. Should emergency service be required, such services will be billed separately. Service Rates Straight time is billed as normal hours of operation 7:30am – 4:30pm Straight Time -- $ 65.00 an hour Emergency Service/After Hours -- $ 85.00an hour Holidays -- $ 125.00 an hour (double time holidays are as follows: Christmas, Thanksgiving Day, New Years Day, 4th of July)

82


Communication and Documentation: It will be necessary to communicate all of the data to the appropriate personnel at both The Property and the office of NSM. The following procedures are made part of every NSM’s service program:

1. Sign In A NSM service technician will check in with a representative and discuss any concerns of the

manager. Additionally, the technician will review any comments or notes logged into the “on site” History Log Book.

2. Service Log Documentation

A service log will be kept on site and will contain general on site visit information, as well as service tickets used by NSM and any written recommendations. The History Log shall be kept in a location accessible by both NSM personnel and the property Associates.

83


Date: 8/5/16

CONTRACTOR CUSTOMER

No Sweat Mechanical, LLC Pinecrest Academy of NV

410 Mark Leany Dr. Doral Red Rock Middle School

Henderson, NV 89011 610 Crossbridge Dr.

Phone 702.568.0137 Las Vegas, NV 89113

Fax 702.568.9971


Contractor will provide the services in accordance with the schedules, scopes, terms and conditions on the attached pages, which are listed below. These services will be provided as described in the scopes of work. This agreement is for four (3) service visits annually. Agreement coverage will begin on date of acceptance unless otherwise noted. The agreement price is $5,400.00 per year. Total contract price for 3 years $16,200.00 to be paid $450.00 per month, beginning on the effective date. Attachments Included: Schedule 1 - Inventory of Equipment/Preventative Maintenance Schedule Schedule 2 - Special Services/Provisions Scopes of Work The coverage included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between the above listed parties. This agreement is the property of Contractor and is provided for the Customer’s use only. This agreement is subject to management approval by the Contractor. No waiver, change, or modification of any terms or conditions shall be binding on Contractor unless made in writing and signed by authorized management of Contractor. This agreement shall continue for (3) three years, unless either party gives thirty (30) days prior written notice of termination. CONTRACTOR CUSTOMER

Signed: ____________________________________ Signed: ____________________________________

By: Geoff Hilts, Service Manager ____________________________________________

Name/Title

____________________________________________ ____________________________________________

Date Date

84


Schedule 1 – Inventory of Equipment/Preventative Maintenance Schedule

Qty. System Type Mfr. Frequency/Year


3 filter changes per year. 1 belt change per year. 1 coil cleaning per

year.



1 2.5 ton split system heat pump Carrier

1 2 ton ductless mini split system heat

pump Mitsubishi


pump Carrier


pump Carrier


pump Carrier


pump Carrier


pump Carrier

10 Roof mount exhaust fan S&P

1 Roof mount fresh air intake fan S&P

85


Schedule 2 – Special Services/Provisions

1. Work scopes for the equipment listed in this Agreement are attached.

2. Service visits will be performed three times per year.

3. This agreement includes filter changes three times per year.

4. This agreement includes coil cleaning and belt replacement once per year.

5. This agreement includes Air adjustments as needed.

6. This agreement includes disposal of air filters after every service.

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Terms and Conditions

Unless otherwise advised in writing to the contrary within seven (7) days of the execution of this agreement, the following terms and conditions as written are hereby accepted between Customer and No Sweat Mechanical, LLC (hereinafter referred to as NSM). By execution of this agreement, the Customer represents that he has the authority to enter such agreement. General

1) Acceptance of this Agreement by NSM assumes that all systems and equipment covered are in maintainable condition. If repairs are found to be necessary during the new Agreement start up inspection or the initial seasonal start-up, a repair proposal will be submitted for approval. If the repair proposal is declined, the non-maintainable items will be eliminated from the maintenance Agreement and the Agreement price adjusted accordingly or the Agreement may be cancelled or otherwise revised.

2) The Customer will provide access to all areas and equipment, and will allow NSM to stop and start equipment as may be necessary to fulfill the terms of the Agreement. All maintenance, repair or replacement tasks will be performed during normal working hours, 7:30 AM to 4:30 PM, Monday through Friday, holidays excepted. Customer agrees to pay overtime on any maintenance and work requested to be performed outside said normal working hours.

3) If any emergency call is made at the Customer’s request and inspection does not reveal any defect, Customer will be liable for charges for such services, including but not limited to; investigative labor, travel time, and overtime. Customer acknowledges that there is a minimum charge of two (2) hours for emergency calls if no defect is found.

4) NSM reserves the right to adjust and or terminate this Agreement, should the systems and/or equipment covered under this Agreement be altered, modified, changed or moved, including but not limited to any direct changes in application or architectural modifications resulting in changes to the mechanical systems and/or equipment performance. If persons other than representatives of NSM perform maintenance or repair of equipment covered under this Agreement, and as a result further repair by NSM is required, such repairs will be made and charges billed to the Customer at NSM’s applicable labor and material rates then in effect.

5) In addition to any price specified on the face hereof, the Customer shall pay and be responsible for the gross amount of any present or future sales, uses, excise, value-added, or other similar tax, however designated, applicable to the price, sale or delivery of any products, services or the work furnished hereunder or for their use by NSM on behalf of the Customer whether such tax shall be local, state, or federal in nature. This includes, but is not limited to the recovery, recycling, reclamation; handling and disposal of all refrigerants and the additional costs incurred for refrigerant tax and/or increased costs due to shortages.

6) Maintenance service charges will be invoiced in advance of the period during which the service is provided. Extra work performed will be invoiced upon completion of work. Payment for services performed under this Agreement is due within 30 days of invoice date. Finance charges will apply to balances over 30 days, and NSM reserves the right to stop all work until such balances are made current.

7) NSM reserves the right to adjust this Agreement should Customer request a material change in the scope of services, as determined by NSM in its sole discretion. When NSM determines a change in material, NSM will reduce the change to writing and provide the completed written change to Customer. Both NSM and Customer will have to provide written approval of the change as detailed in written description of the change, including the impact of the change on the schedule, resources, and the price of the service, NSM will make the change. When Customer accepts the change, Customer will modify its forms for payment as requested by NSM. If Customer

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does not accept the change (including the impact on the schedule, resources, or price), the parties will complete their obligations as set forth in this Agreement.

8) This Agreement shall continue in effect from year to year, unless either party gives thirty (30) days prior written notice to terminate. The Agreement price is subject to adjustment on each renewal anniversary date to reflect increases in labor, materials and other industry related costs.

9) Either party may terminate this Agreement if the other party commits a material breach of such Agreement, including but not limited to non-payment of any amount when due, and the breach is not cured within thirty (30) days of receipt of written notice from the injured party. If NSM terminates this Agreement for cause, Customer shall be responsible for NSM’s costs incurred and reasonable profit up through the date of termination.

10) Either party may at its option cancel or terminate this agreement and all Supplemental Agreements in their entirety, or cancel or terminate merely one or more of the Supplemental Agreements, without cause upon thirty (30) days prior written notice to the other party. NSM shall advise Customer of the extent to which performance has been completed through the date of the notice of termination. Customer shall be responsible for NSM’s costs incurred and reasonable profit up through the date of cancellation.

Exclusions

1) Repair, replacement and emergency service provisions apply only to the systems and equipment covered by this

agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, duct work, piping, coils, shell and tube (for boilers, evaporators, condensers, and chillers), unit cabinets, boiler refractory material, heat exchangers, insulating material, electrical wiring, tubing, tanks, fixtures and finishes, structural supports and other non-moving parts, are not included in this agreement.

2) NSM is not responsible for (a) the design of the mechanical and/or plumbing system, (b) obsolescence, (c) water supply and drainage, (d) damages caused by freezing, (e) additional work required by government regulated codes, (f) additional work required to meet insurance requirements, (g) any air/water balancing, (h) safety tests, (i) electrical service or service requirements due to power failure, (j) misuse and/or abuse of system(s), (k) negligence by Customers or others, (l) vandalism, (m) and all other causes that are beyond NSM’s control.

3) This Agreement does not include the identification, removal, handling or disposal of asbestos or other hazardous substances. In the event such substances or materials are discovered, NSM’s responsibility is limited to notifying the Customer of the possibility of the existence of such materials.

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Limitations of Liability

1) NSM will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood,corrosive substance in the air, strike lockout, dispute with the workmen, inability to obtain material or services,commotion, war, act of God, or any other cause beyond NSM’s reasonable control.

2) In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall theparties or their suppliers, employees or agents be liable to each other for any special, consequential, incidental, orpenal damages including, but not limited to loss of profit or revenues, loss of use of any products, machinery,equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services orreplacement power, down time costs, attorney fees, lost profits or claims of such damages arising from the workon this Contract. This limitation of liability shall not negate NSM from identifying and defending Customers fromclaims and losses experienced as a result of NSM’s negligent work.

3) NSM will perform its obligations hereunder in a workmanlike manner. No other warranty expressed or otherliability is given and is no other affirmation by NSM, by word or actions shall constitute a warranty. This warrantyis expressly in lieu of any other expressed or implied warranty including any implied warranty of merchantability offitness, and any other obligation on the part of NSM.

4) NSM warrants materials only to the extent and for the time period said materials are warranted to NSM by themanufacturer(s) of the same. NSM liability, if any, upon any warranty, either expressed or implied, shall be limitedto replacement of defective materials and correction of faulty workmanship which is in violation of local, state, orfederal building codes at the time of performance of the work by NSM.

5) NSM and Customer agree to seek to avoid litigation as a resolution of any disputes. However, should either partycommence legal action against the other, the prevailing party shall be entitled to recover from the other party allcourt costs, disbursements and reasonable attorney’s fees. NSM and the Customer agree to indemnify and holdeach other; including their officer, agents, directory and employees, harmless from all liabilities, costs, claims,demands, or suits of any kind, including but not limited to reasonable attorney’s fees, resulting from thenegligence or willful misconduct or breach of this agreement by the indemnifying party or its employees,contractors or agents.

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General Scope of Work

The Concepts Maintenance Program described below has been designed to provide you, the customer, with a continuing maintenance program. This program will be planned, scheduled, managed, monitored, and enhanced by No Sweat Mechanical, LLC (hereinafter referred to as NSM) throughout the term of this agreement. Test and Inspection

This agreement includes all labor to visually inspect and search for worn, failed, and/or doubtful parts. NSM will visually check coil surfaces, fan blades, fan belts, couplings, equipment housings, motor mounts, dampers, valves, fluid levels, heat exchangers, etc. NSM will make recommendations to the Customer of any necessary replacements and/or adjustments. Preventative Maintenance and Predictive Maintenance This agreement includes labor to perform preventative maintenance on the equipment included in the attached schedules. Maintenance intervals for systems and equipment are determined by run time, system use, application, location, and manufacturer’s recommendations. Consumable Materials This agreement includes normal consumable materials and supplies; such as lubricants, grease, towels/rags, wire nuts, cleaning solutions, and oil and clean-up materials. Air Filter Media and Service This agreement includes three air filter changes. Air filters will be provided by and also disposed of by NSM. Repair and Replacement Should repairs or replacements be necessary, NSM will perform such repairs with Customer approval and all labor and materials will be billed separately, including travel. Emergency Service Emergency service is available – 24 hours a day – 7 days a week – to reduce the risk of down time and inconvenience for the customer. Should emergency service be required, such services will be billed separately. Service Rates Straight time is billed as normal hours of operation 7:30am – 4:30pm Straight Time -- $ 65.00 an hour Emergency Service/After Hours -- $ 85.00an hour Holidays -- $ 125.00 an hour (double time holidays are as follows: Christmas, Thanksgiving Day, New Years Day, 4th of July)

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Communication and Documentation: It will be necessary to communicate all of the data to the appropriate personnel at both The Property and the office of NSM. The following procedures are made part of every NSM’s service program:

1. Sign In A NSM service technician will check in with a representative and discuss any concerns of the

manager. Additionally, the technician will review any comments or notes logged into the “on site” History Log Book.

2. Service Log Documentation

A service log will be kept on site and will contain general on site visit information, as well as service tickets used by NSM and any written recommendations. The History Log shall be kept in a location accessible by both NSM personnel and the property Associates.

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Supporting Document

Meeting Date: September 28, 2016 Agenda Item: 7 – Acceptance of Title II Funds Number of Enclosures: 1

SUBJECT: Acceptance of Title II Funds X Action

Appointments Approval Consent Agenda Information Public Hearing Regular Adoption

Presenter: Executive Director Phillips Recommendation: Proposed wording for motion/action: Move to accept Title II Funds. Fiscal Impact: N/A


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Supporting Document

Meeting Date: September 28, 2016 Agenda Item: 8 – Executive Director and Principal Reports Number of Enclosures: 0

SUBJECT: Executive Director and Principal Reports Action Appointments Approval Consent Agenda

X Information Public Hearing Regular Adoption

Presenter: Executive Director Phillips and Principals Recommendation: Proposed wording for motion/action:

Fiscal Impact: N/A


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Documents

of the Board of Directors of Doral Academy of Nevada · Mr. Segrera referred to the Balance Sheet, noting $2,000,000.00 in the operating account and $989,000.00 owed for the month